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![handle is hein.slavery/ssactsengr0296 and id is 1 raw text is: STEELE V. THOMPSON [1860]
said Advocates in support of their petition, as on behalf of the States of the Island of
Jersey in support of their Act, adjourned the consideration thereof ; and their Lord-
ships having this day again taken the said matter into consideration, do agree humbly
to report, as their opinion, to your Majesty, that it may be advisable for your Majesty
to approve of and ratify the said Act.
Her Majesty having taken the said report into consideration, was pleased, by
and with the advice of Her Privy Council, to approve of and ratify the said Act; and
to order, as it is hereby ordered, that the said Act, together with this Order, be
entered upon the Register of the Island of Jersey, and observed accordingly; whereof
the Lieutenant-Governor, or Commander-in-Chief, the Bailiff and Jurats, and all
other Her Majesty's officers for the time being in the said Island, and all other persons
whom it may concern, are to take notice and govern themselves accordingly.
[Mews' Dig. tit. COLONY; II. PARTICULAR COLONIES : 13. Jersey and Gaernsey;
c. Laws.]
[280] ON APPEAL FROM THE SUPREME COURT OF CIVIL JUSTICE OF
BRITISH GUIANA.
MATTHEW STEELE and GEORGE HENRY LOXDALE,-Appellants; JOHN
WALKER THOMPSON,-Respond'ewt * [Feb. 1 and 2, 1860].
C. by articles of agreement made in October, 1826, and recorded in the Registrar's
Office, agreed to sell certain land, part of a sugar plantation in Essequebo,
in British Guiana, to S. and M. upon terms (inter a/ia), that a fresh-water
canal, described as running across the entire plantation, should be for the
joint use of both plantations. By an instrument of transport, dated the
16th of November in that year, passed and executed by the several parties,
the plantation in question was conveyed, cent anexit', the quantities and
boundaries thereof being minutely described, together with a number of
negroes, as per schedule of registration thereto annexed, all agreeably to
contract of sale and purchase recorded as above in the Registrar's Office.
Held (affirming the sentence of the Supreme Court of British Guiana) that the
use of the canal being a servitude, though mentioned in the agreement, was
not so enumerated in the transport as to pass by that instrument [13 Moo.
P.C. 302].
By the Roman Dutch law prevailing in British Guiana, a servitude, like the use
of a canal, is of the character of immovable property [13 Moo. P.C. 298].
The transfer of immovable property is a judicial act, and a servitude, or ease-
inent, attached to such property, can only be transported in the presence
of judicial authority in the place where the property is situate [13 Moo. P.C.
298, 303].
This appeal was brought from a judgment of the Supreme Court of Civil Justice
of British Guiana, upon a claim and demand of the Appellants against [281] the
Respondent. The Appellants' claim in the suit was to establish the right to the use
of a fresh water canal for the purposes of the shipping and navigation of their
plantation, namely, for conveying the produce, etc., of the plantation, in boats
from one )art to another, and down to the sea for shipment, according to the usual
and ordinary mode of conveying the produce of plantations in the Colony.
The suit arose under the following circumstances -
The Appellants were owners of a sugar plantation in Essequebo, bordered by
the sea on the east, by a fresh-water river called the Cena creek on the west, by land of
*Present: The Right H.on. Lord Kingsdown, the Right Hon. Th6 Lord Justice
Knight Bruce, the Right Hon. Sir Edward Ryan, and the Right Ho1. Sir John
Taylor Coleridge.
P.C. IV. 105 4a
XIII MOORE, 280](ViewImageLocal?handle=hein.slavery/ssactsengr0296&div=1&collection=&method=preview&ext=.png&size=3)