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![handle is hein.slavery/ssactsengr0283 and id is 1 raw text is: SANTOS V. ILLIDGE
substance of the thing,-espeially when we see the reason given for the custom in
the case of Zinzan v. Talmage, Sir T. Jones, 142, viz. because the first [taker] is
intended to be the purchaser. If, there-[840]-fore, we were to regard the form and
neglect the substance, we should be preferring the interests of a stranger to those of
the real purchaser, who, as appears by the indenture of 1803, gave a valuable con-
sideration for the property in question.
WILLIAMS, J., who had left the court, previously intimated his concurrence in the
above judgment.
Rule absolute.
End of Trinity Term.
[841] CASES ARGUED AND DECIDED IN THE COURT OF COMMON PLEAS, AND IN
THE EXCHEQUER CHAMBER, IN TRINITY VACATION, IN THE TWENTY-THIRD
YEAR OF THE REIGN OF VICTORIA.
The Judges who usually sat in Banco in this Vacation, were,-Williams, J.,
Crowder, J., and Willes, J.
SANTOS V. ILLIDGE AND OTHERS. July 9th, 1859.
[Reversed in Exchequer Chamber, 8 C. B. N. S. 861.1
A sale of slaves by a British subject to a Brazilian subject, in the Brazils, where
slavery is by law permitted, for the purpose of being used and employed as slaves
in that empire, is rendered illegal by the 6 & 7 Viet. c. 98, though such slaves were
acquired and were in the possession of the seller before the passing of that Act.
This was an action upon a contract for the sale by the defendants, British subjects,
to the plaintiff, a Brazilian, of certain slaves in the Brazils.
The declaration stated that the defendants, being the directors of an association
or copartnership established for carrying on mining operations within the dominions
of the Emperor of Brazil, under the name and style of the Imperial Brazilian Mining
Association, agreed in [842] writing to sell to the plaintiff, who then agreed to
purchase and take from them, certain slaves belonging to and in the possession of
the said association or copartnership in the Empire of Brazil, at and for the price
or sum of 32,0001., and to deliver the said slaves to the plaintiff in Brazil aforesaid on
a certain day which elapsed before the breach hereinafter set forth; and that, although
the plaintiff had done all things on his part, and all things had happened and been
done, to entitle him to have the said slaves sold and delivered to him according to
the said agreement, and had paid to the defendants the sum of 10001. as a deposit in
part payment of the said price, yet the defendants had broken their agreement, and
had wholly refused to sell or deliver, and had not delivered to the plaintiff the said
slaves, or any of them, whereby the plaintiff had lost and been wholly deprived of the
use and benefit of the said slaves, and of the said sum of 10001., and had been other-
wise damnified.
The defendants pleaded, that the said association or copartnership was and is an
association or copartnership consisting of the defendants and others, all of whom were
and are British subjects, and resident and domiciled in Great Britain, and that the
said agreement was made after the coming into operation and effect of an act of parlia-
ment made and passed in'the session of parliament holden in the 6 & 7 Vict. (c. 98),
intituled An Act for the more effectual suppression of the slave trade, and that the
said agreement was and is illegal and void.
The plaintiff replied that the said slaves so agreed to be sold and delivered by
the defendants to the plaintiff were and are, as to some of them, slaves lawfully
acquired and purchased by the said association or copartnership in the said empire of
Brazil before (843] the coming into effect of the said act in the plea of the defendants
mentioned, for the lawful purpose of being employed and used as slaves within the
said empire of Brazil, and not otherwise, and, as to the residue of them, were and a-e
respectively the children and offspring of the slaves so lawfully acquired and used and
employed as aforesaid; and that the said slaves were, and each of them was, lawfully
C. P. xIx.-22*
6 C. B. (N. S.) 840.](ViewImageLocal?handle=hein.slavery/ssactsengr0283&div=1&collection=&method=preview&ext=.png&size=3)