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![handle is hein.slavery/ssactsengr0301 and id is 1 raw text is: JERNINGRAM V. ADMINISTRATOR-GEN. OF DEMERARA [1862] XV MOORE, 529
[529] ON APPEAL FROM THE SUPREME COURT OF CIVIL JUSTICE OF
BRITISH GUIANA.
EDMUND JERNINGHAM and Others,-Appellants; THE ADMINISTRATOR-
GENERAL OF DEMERARA and ESSEQUIBO, representing the Estate of
JOHN WADDELL, deceased,-Respondent * [July 14 and 15, 1862].
A suit was instituted in 1846, by the Respondent the Administrator-General, in
the Supreme Court of British Guiana, against the Appellants the heirs and
Residuary Legatees of an estate previously administered by a Curator, and
alleged to have been adiated by such legatees without benefit of inventory;
for an account of their Testator's estate, and to recover certain specified sums
a6 over-payments made to them by the Curator, between the years 1834 and
1838, in respect of their claims on the estate, and which had been allowed to
him by the Court in passing his accounts. Held, on appeal by the Judicial
Committee, on an examination of the accounts, that there was error in the
mode of taking them by the Supreme Court, and that though some of the
items were properly charged to the Appellants, yet upon some items no
interest could be allowed on the sums awarded by reason of the delay and
laches of the Respondent.
This was a suit brought by the Respondent as Administrator-General of Demerara
and Essequibo, representing the estate of John Waddell, deceased, against the Appel-
lants, the heirs and legatees of the late Robert Waterton, who in his lifetime was
Administrator of the late John Waddell, under appointment from the Supreme
Court of Civil Justice of British Guiana, for an account of Robert Waterton's intro-
missions with the estate between the 18th of October, 1834, up to which time he
[530] had rendered an account, which was approved by the Supreme Court, and the
29th of June, 1837, when he died, and for payment of whatever sun might, on a
,settlement and adjustment of accounts, be found due to the Respondent by Waterton's
estate.
The Respondent filed his claim and demand in the Supreme Court against the
Appellants on the 25th of March, 1846; and on the 27th of the same month the
Appellants filed their conclusion of exceptions and answer. Issue was joined, and
on the 15th of March, 1847, the Court, after hearing the parties, rejected the con-
clusion of exception and answer of the Appellants, and pronounced the usual Inter-
locutory Decree to render accounts; which were accordingly rendered with Books
and vouchers, and on the 28th of June, 1847, reference was made (according to the
then existing practice of the Court) to the Auditors of accounts for their examina-
tion and report. These accounts showed a sum of 5784 guilders 12s. 3p. due by
Waterton up to the 18th of October, 1834, to the estate of John Waddell, which had
been passed by the Court on the 24th of January, 1835, as stated in the original
claim and demand, and a further sum of 32,429g. 3s. 12p. from Waterton to the
estate of Waddell due from the 18th of October to the death of Waterton, and made
out to the 31st of December, 1837. The Auditors made their report on the 29th
of December, 1847. Various proceedings were afterwards had and taken on these
accounts, and a second report made thereon by the Auditors on the 22nd of February,
1849, and by an Order of the 14th of May, 1849, the Court quashed the first report
of the 29th of December, 1847, and directed the Auditors to proceed to investigate
the accounts ab initio, confining themselves to the matter of account.
[531] Objections were again made by the Respondent to the accounts brought
in under this Order, and fresh Auditors having been appointed, a further Order
was made on the 9th of May, 1853, which proceeded on the ground that the sentence
of the 15th of March, 1847, had become superannuated and required renewal.
On the 1st of 'June, 1853, the Respondent filed a claim and demand against the
sentence of the 15th of March, 1847, from which the Appellants were, by a sentence
* Present :-The Right Hon. Lord Chelmsford, the Right Hon. Lord Kingsdown.
and the Right Hon. Sir John Taylor Coleridge.
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