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/ssactsengr0105 and id is 1 raw text is: III KNAPP, 155 COMPENSATION COMMISSIONERS (CASE OF) [1835]
and Application of; II. PARTICULAR COLONIES, 10. Gibraltar; III. APPEALS
TO PRIVY COUNCIL, 6. Practice, g. New Evidence; also tit. EXECUTOR AND
ADMINISTRATOR, X. ADMINISTRATION, a. Assets, 2. What forms part of estate;
also tit. INTERNATIONAL LAW, IV. PERSONS, a. Alienage, 1. General Prin-
ciples. See S.C. 3 St. Tr. (N.S.) 591; and Printed Cases, Privy Council Appeals.
On point (i.) as to alienage, distinguished in In re Stepney Election Petition,
Isaacson v. Durant, 1886, 17 Q.B.D. 61 ; and see note to Donegani v. Donegani,
1834-5, 3 Knapp, 93 ; (ii.) as to mode of alteration of law of conquered country,
se Cameron v. Kyte, 1835, 3 Knapp, 346; Beaumont v. Barrett, 1836, 1 Moo.
P.C. 75; and Forsyth's Cases and Opinions on Const. Jl~w, p. 15; (iii.) as to
substitution of English Law, see Lyons (Mayor of) v. East India Coy., 1836,
1 Moo. P.C. 175; Canterbury (Mayor of) v. [Vyburn and Melbourne Hospital
(1895), A.C. 89; (iv.) as to additional evidence (3 Knapp, 136), see 3 Knapp,
130 n. t; and Hughes v. Porral, 1842, 4 Moo. P.C. 41.]
[155] CASE OF THE COMMISSIONERS FOR COMPENSATION UNDER THE
ACT FOR THE ABOLITION OF SLAVERY.
WILLIAM BURGE, Esq., Agent for the Island of Jamaica,-Appellant; against
certain of the Rules of the COMMISSIONERS of ARBITRATION, con-
stituted and appointed under the Act for the Abolition of Slavery.
CHARLES ANTHONY FERDINAND BENTINCK, and HENRY JOHN WILLIAM
BENTINCK,-Appellants; against certain Rules of the same COMMIS-
SIONERS.
[Feb. 9th, 10th, and 23d, 1835.]
One of these appeals from the rules of the Commissioners appointed under the
Act for the abolition of slavery in the British dominions, 3 and 4 Will. IV. c. 73,
was by the agent for Jamaica, in his public capacity, on behalf of all the planters
in the island; the other was by the private proprietors of a plantation in Demerara.
[156] They were both heard together, and one decision was made upon both of
them. They arose under the following circumstances.
By the Act for the Abolition of Slavery, 3 and 4 Will. IV. cap. 73, the sum of
twenty millions sterling was granted by Parliament, distributable amongst the
several colonies by Commissioners to be appointed for that purpose, as a compensa-
tion to the persons entitled to the services of the manumitted slaves for the loss of
them, provided the Legislatures of the several colonies should pass such Acts for
giving effect to it as His Majesty, with the advice of his Privy Council, should
declare to be adequate and satisfactory; and it. contained provisions for the trans-
mission of those Acts, and the publication of His Majesty's approbation of them in
the Gazette.
The 38th section of the Act provides for the appointment of Assistant Commis-
sioners in the colonies, to act in aid of the Commissioners in all such cases and in
relation to all such matters and things as should be referred to them by the Com-
missioners, and to transmit to the Commissioners a full statement of the several
matters which should have been given in evidence before them, and true copies of
such written evidence as should have been received by them, and thereupon th6
said Commissioners shall proceed to adjudicate upon the same and upon such other
evidence, if any, as may be laid before them.
The 47th section of the Act provides, that the said Commissioners should also
proceed to inquire and consider of the principles according to which the compensa-
* Present: The Lord President (Lord Rosslyn), the Vice-Chancellor [Sir Lancelot
Shadwell], Mr. Baron Parke, the Chief Judge of the Court of Admiralty [Sir John
Nicholl], the Chief Judge of the Court of Bankruptcy [The Hon. Thomas Erskine].
608](ViewImageLocal?handle=hein.slavery/ssactsengr0105&div=1&collection=&method=preview&ext=.png&size=3)