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![handle is hein.slavery/ssactsengr0228 and id is 1 raw text is: RICHARDS V. A.-G. OF JAMAICA [1848]
ultimately obeyed. There seems very strong reason to think, that the order must
have been heard before it was obeyed, because it was heard before that time by a
witness who was placed at a greater distance than the tug from the barque, and
who heard the call. The master of the steam-tug says, that as soon as he heard the
order it was instantly obeyed; that he passed to the westward, but as it was im-
possible for the barque to go to the westward, he cast off the tow-rope, and that he
acted as far as he could in obedience to the orders he had received. Imperfect
obedience, is disobedience, and the question is, whether such disobedience was
justifiable under the circumstances. It has been argued as a justifying circum-
stance, that if he had not cast off the tow-rope the Christina would have been
dragged by the Mary Clark; and that is a circumstance respecting which there is
also conflicting evidence. It is stated that there was sufficient room for the barque
to have passed to the westward even after the time when the tug ceased to tow; and
that if she had continued to tow to the westward, no collision would have happened.
Now, we have carefully considered the evidence, and our opinion is in con-
currence with the judgment of the Court below: we think that the learned Judge of
that Court has come to a correct conclusion, and we ought not to differ from him
and reverse his judgment, unless we could clearly come to a contrary con-[381]-
clusion. This being the case, we must affirm the judgment and with costs. In
coming to this conclusion, we cannot help expressing our regret that, as this was
a mere question of fact, the owners of the steam-tug should have put themselves to so
much more expense by this appeal than their claim amounts to.
[Mews' Dig. tit. SHIPPING; A. XX. COLLISION; 8. Tug and Tow. S.C. below, sub norn.
Christina (The), 3 Rob. W. 27. See The Energy, 1870, L.R. 3 Ad. and E. 52;
The Mary, 1879, 5 P.D. 17. As to Admiralty jurisdiction, see note to Colby
v. Watson, 1848, 6 Moo. P.C. 341.]
ON APPEAL FROM THE COURT OF CHANCERY IN JAMAICA.
ROSANNA RICHARDS, ROSANNA (otherwise called ROSY) WHITE, JEMIMA
WHITE, EDWARD WHITE, ROSANNA RICHARDS, and EMMA WHITE,-
Appellants; The ATTORNEY-GENERAL of JAMAICA, JOSEPH GORDON,
LAWRENCE GIBSON, CHARLES ANDERSON, WILLIAM FOSSETT, JAMES
MITCHELL PARKER, JOHN PUGH JONES, GEORGE APPLEBY, and
CHARLOTTE his wife, and THOMAS GROOM,-Respondents * [July 7
and 8, 1848].
Testator resident in Jamaica, and geised of plantations and slaves in the Island, by
his Will, dated June, 1834, after giving certain bequests, proceeded as follows:
- Also I give, devise and bequeath, share and share alike, unto R. and her
children, all my right, title, and claim to compensation such as may be
awarded to me, as my portion of the compensation-fund, for the emancipation
of such slaves as may belong to me and be living on the 1st of August, 1834.
This Will was not attested so as to pass real estate, but was properly executed
to pass personalty. By the law of Jamaica, slaves could only be directly
devised as real estate. The Act for the Abolition of Slavery (3rd and 4th
Will. IV., c. 73, passed on the 28th of August, 1833), provided that, on the
1st of August, 1834, slavery should cease in the British dominions, and gave
to the owners of the slaves a right to their services as apprentices, and to
compensation, for the loss of their services as slaves. The testator died
before this period of manumission arrived. The Court in Jamaica decreed,
Present: Lord Langdale, Lord Campbell, the Right Hon. Dr. Lushington, and
the Right Hon. T. Pemberton Leigh.
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