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![handle is hein.slavery/ssactsengr0826 and id is 1 raw text is: 34 BRAV. 234. LAWRENCE V. WEST INDIA RELIEF COMMISSIONERS
[234] LAWRENCE V. THE WEST INDIA RELIEF COMMISSIONERS. Nov. 11, 12, 1864.
[S. C. 11 L. T. 295.]
The West India Relief Act (2 & 3 Will. 4, c. 125), gives, for moneys advanced by
the Commissioners on mortgage upon the application of a mere tenant for life,
absolute priority over all existing charges.
By the 2 & 3 Geo. 4, c. 125, passed for the purpose of affording assistance to
persons who had sustained losses in Jamaica, &c., by the late insurrection, a fund
of £300,000 was provided to be advanced by the Commissioners to enable the owners
to resume the cultivation of the estates by restoring the works and providing supplies
and negroes.
By the 21st section, the persons to whom any sums should be advanced were
previously to give mortgages upon the properties for which the advances should be
applied for; and it was enacted, that all such mortgages, &c., should be good
and effectual in the law, &c., and should, whether registered or not in the said
islands, have priority over all other mortgages, assignments, bonds, obligations, or
other securities, charged or chargeable upon or affecting the properties, for the
restoration of which advances should be made, any law, usage, or custom, &c.,
to the contrary notwithstanding.
The 22d section was as follows:-
XXII. And be it further enacted, that in case any persons to whom or for
whose use any advance shall be applied for under this Act shall be entitled to an
estate for life only, or other partial interest of and in the properties in respect of
which such advance is required to be made, with any subsequent remainders,
reversion, or limitations, in favour of other persons existing in or affecting the same
properties, the said Com-[235]-missioners shall, in their discretion, have full power
and authority to cause any mortgages, assignments, securities, bonds or obligations
of and from such persons so partially interested to be taken, notwithstanding such
remainders, reversions or limitations cannot be legally barred, conveyed or disposed
of ; and such mortgages, assignments or other securities, of or upon such properties
shall be good and effectual in the law to all intents and purposes, and shall have
priority over all such remainders, reversions or limitations.
In 1834 the Worcester estate in the island of Jamaica, under a deed of 1800,
stood limited to trustees for 500 years, on trust to raise, by sale or mortgage, a
sum of £20,000, and subject thereto, to Thomas Dehany Hall for life, with divers
remainders over.
Thomas Dehany Hall applied, under the provisions of this Act, for an advance,
and on the 20th of March 1834 he obtained an advance of £6750 upon a mortgage
to the Commissioners of the Worcester estate.
In 1857 the Commissioners sold the estate, and one of the questions in the
cause was, as to the priority, as between the Commissioners and the parties interested
in the £20,000, in respect of a fund in Court arising from the estate.
Mr. Hobhouse and Mr. Cutler, for the Plaintiff, a stakeholder, stated the case,
and asked for costs.
Mr. Southgate and Mr. Wolstenholme, for the Commissioners.
Mr. Higgins and Mr. H. R. Young, for persons interested in the charge of
£20,000. The money [236] was advanced to the tenant for life, under the 22d
section, and thereby the Commissioners obtained priority over those in remainder,
but not over the claimants having priority over the tenant for life. It is impossible
to conceive that power should be given to a tenant for life, to prejudice or destroy
the interests of persons claiming under a term preceding his life-estate, and that,
without their concurrence.
Mr. Selwyn, Mr. Fry and Mr. Lindley, for other parties.
THE MASTER OF THE ROLLS [Sir John Romilly]. I think the Act is too strong,
and that it is impossible to get over the express terms of it: the scope and object
of the Act were to provide a large sum of money, which was to be advanced by
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