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![handle is hein.slavery/ssactsengr0135 and id is 1 raw text is: DAVIDSON V. JOHNSON [1837]
the time for perfecting the securities. They urged also, that the dismissal of the
appeal from the decree of 1828 was a surprise, and ought not to have been applied
for without notice.
Mr. Pemberton, K.C., and Mr. G. Richards, for the Respondent,-Objected to the
appeal of 1828, which, being against the finding of a jury upon issues, ought not to
have been allowed at all; but at all events, not having been prosecuted for seven
years, was virtually abandoned, and could not be revived by the order for con-
solidating the two appeals.
Mr. Baron Parke.-We think that the appellant is entitled to be let in to appeal.
The rule of this Court is, that a party [408] appealing from an order or decree of
the Court below must present his petition of appeal to the King in Council within a
year and a day. This he has, in fact, done: for the consolidated appeals were
allowed on the 1st September 1835 ; and, on the 1st September 1836, the petition of
appeal to the King in Council, for the reception of the appeals, was lodged, that is
within the prescribed period. The Appellant is, therefore, entitled to be let in;
but it must be upon the terms of his paying the costs.
[Mews' Dig. tit. COLONY, III. APPEALS TO PRIVY COUNCIL, 6 Practice, d. Restoring.
S.C. 1 Moo. Ind. App. 358. Distinguished in Nathoobhoy Ram dass v. Mooljee
Madowdass, 1840, 3 Moo. P.C. at p. 97. The old rule requiring petition to
Privy Council to be filed within a year and a day (see 1 Knapp, 102 n.) has
been practically superseded by the 0. in C. of 13th June 1853 (Stat. R. and 0.
Rev. vol. iv. p. 305). As to consolidation of appeals, see note to Reterneyer v.
Obermuller, 1837, 2 Moo. P.C. 15.]
[409] ON APPEAL FROM THE COURT OF FIRST INSTANCE OF CIVIL
JURISDICTION IN TRINIDAD.
HENRY DAVIDSON and Another,-Appellants; CATHERINE JOHNSON
and Others,-Respondents * [Feb. 15, 1837].
The offices of Depositar'io General and Albacea Dativo, in the island of Trinidad,
are distinct and separate offices, and the security given in the former is not
available for defaults made in the latter.
The Appellants in this case were the mortgagees of an estate called Montrose,
in the island of Trinidad, the property of Joseph Graham, the Depositario General
of the tribunals of the island, and the Albacea Dativo of the estate and effects of
Henry Jones, otherwise Horace Johnson, a deceased intestate, whose heirs were the
Respondents.
On the 21st of February 1818, Mr. Graham was appointed Depositario General
by the Governor of the island; and instructions for the performance of the duties of
the office having been drawn up and sanctioned by the Governor, were at the same
time delivered to him. These duties con'sisted in administering estates placed
under his charge by any tribunal; in receiving in charge any deposit of money,
produce, houses, or other property, moveable or immoveable, delivered to him
pending litigation, or for safe custody; the accounts of which were directed to be
taken and kept in a particular form. (This office was abolished by the Order in
Council for the administration of justice in British Guiana, Trinidad, and St.
Lucia, 23d April 1831.)
[410] On the 15th of May 1818, Mr. Graham entered into a bond for the due
performance of the duties of his office, and as security mortgaged, or hypothecated
* Present :-Lord Brougham, Mr. Baron Parke, Mr. Justice Bosanquet, and the
Chief Judge of the Court of Bankruptcy [the Hon. Thomas Erskine].
870
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