HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0290 and id is 1 raw text is: order that the defendant might assure himself of that or some other place to lay his
head in by the 24th. I think we are not at liberty to say that the stipulation for
completion by the 14th was not a condition precedent.
BYLES, J. I entirely agree with my Lord and my Brother Willes, that comple-
tion by the 14th of June was a condition precedent. This is only one point upon
which I wish to make an observation, viz. the construction of instruments of this
sort. It appears [310] that, first in the Queen's Bench (in Bond v. Rosling), and then
in the Exchequer (in Rollason v. Leon), and afterwards in the court of Chancery (in
Parker v. Taswell), and also in this court during the present term, in a case of Haye
v. Cummings, post [421], the error which this court fell into in Stratton v. Pettilt has now
been corrected ; and it is settled, that, though void as a lease by reason of the 8 &
9 Viet. c. 106, s. 3, not being by deed, these instruments may still be held good as
agreements for a tenancy.
KEATING, J. I am of the same opinion, and for the same reasons.
Judgment for the defendant (a).
JMAIES ASPINALL TOBIN, who has Survived Thomas Tobin v. THE QUEEN. 1864.
[S. C. 33 L. J. C. P. 199 ; 10 L. T. 762; 10 Jur. N. S. 1029; 12 W. R. 838. See
Thomas v. R., 1874, L. R. 10 Q. B. 43. Referred to, Windsor andAnvapolis Railway
Company v. R., 1886, 11 App. Cas. 614. See Nireaha Tamaki v. Baker, [1901]
A. C. 575.]
1. A petition of right will not lie to recover compensation for a wrongful act done by
a servant of the Crown in the supposed performance of his duty.-2. Nor will it lie
to recover unliquidated damages for a trespass.-3. The commander of a Queen's
ship employed in the suppression of the slave-trade on the coast of Africa, seized a
schooner belonging to the suppliant, which he suspected of being engaged in slave-
traffic ; and, it being inconvenient to take her to a port for condemnation in a Vice-
Admiralty court, caused her to be burnt :-Held, that this was not a case for a
petition of right; the remedy for the wrong, if any were done, being against the
person who did it.
This was a petition of right pursuant to the statute 23 & 24 Vict, c. 34. The
petition was as follows :-V
Victoria Reg.
Let right be done.
To the Queen's most excellent Majesty.
Middlesex. The humble petition of Thomas Tobin, of, &c., and James Aspinall
Tobin, of, &c., by T. J. Rooke, their attorney, of, &c.,
[311] Sheweth,-That your suppliants are ship-owners and merchants carrying
on business in Liverpool, in the county of Lancaster, under the style or firm of Thomas
Tobin & Son:
That your suppliants, as such ship-owners and merchants, have for twenty-eight
years last past been very largely engaged in the African trade, and for the purposes
of such trade have established on the coast of Africa, between the fourth and ninth
degrees of south latitude, storehouses and factories where your suppliants' vessels
have been used and accustomed to discharge their outward cargoes for the purpose of
such cargoes being bartered with the natives on the coast for African produce, and
where your suppliants have been used and accustomed to receive in return for such
cargoes palm-oil, ivory, gum, coffee, and other African produce, which they have
been used and accustomed to ship on board their own vessels, and bring direct to
Liverpool:
That, for the purpose of superintending and managing their trade and business
on the said coast, your suppliants have for about five years last past employed on the
said coast, as their head resident agent there, a highly respectable and trust-worthy
gentleman of the name of Maunsel Mecham, well qualified to conduct and manage
their trade on the said coast, and several responsible officers and servants under the
(a) See The London Gas-Light Company v. The Vestry of Chelsea, 8 C. B. (N. S.) 215.
1148
TOBIN V. THE QUEEN
16 0. B. (N. S.) 310.](ViewImageLocal?handle=hein.slavery/ssactsengr0290&div=1&collection=&method=preview&ext=.png&size=3)