[appeal, non-prosecution – succession]

Larra v. Blaxcell

Appeal Committee of the Privy Council, 1825

Appeal from New South Wales

Unreported[1]

Source: PRO PC2/206 Council Register 1824, p. 162, 26 February 1825

New South Wales

Commee Report for

dismissing Appeal of

Larra v. Blaxcell

for Non Pros.

            Your Majesty having been pleased by Your Order in Council of the 16th. Instant to refer unto his Committee the humble Petition of James Mangles Esquire on behalf of Garnham Blaxcell Esquire Setting forth that by a Judgment or Decree of the Court of Civil Jurisdiction of the 4th. of July 1806 made in a Cause depending before the said Court in which the said Garnham Blaxcell was Plaintiff and James Larra Administrator of the effects of the late Thomas Smyth Provost Marshal was Defendant the said Court found a Verdict that “Garnham Blaxcell Esquire as Provost Marshal is entitled to a Priority of payment of the effects of the late Thomas Smyth Esquire in the Sum of £440..17..6 if so much remains in his the said James Larra’s hands unadministered pursuant to a Decree of High Court of [sic] subject to any deductions that may hereafter be received by the said Garnham Blaxcell Esquire on account of the estate of the late Thoms Smyth Esqre. deceased  That the said James Larra appealed from the said Judgment or Decree to the Governor of New South Wales who confirmed the said Verdict on the 22nd. of July following from which Judgment or Determination of the said Governor the Appellant prayed and was allowed leave to Appeal to His late Majesty in Council but that the said Appellant has not prosecuted the same and the Petitioner therefore humbly prays that the said Appeal may be dismissed for Non Prosecution  The Lords of the Committee in obedience to Your Majesty’s said Order of reference this day took the said Petition into Consideration and having been attended by the Agent for the Petitioner thereupon Their Lordships do agree humbly to Report as Their Opinion to Your Majesty that the said Appeal ought to be dismissed for Non Prosecution.

[p. 182, 23 March 1825]

New South Wales

Order approving Comtee

Report for dismissing

Appeal of Larra v.

Blaxcell for non Pros.

            Whereas there was this day read at the Board a Report from the Right Honorable the Lords of the Committee of Council for hearing Appeals from the Plantations &c. dated the 26th. of last Month in the words following vizt.

Memdum Here the Committee Report for dismissing Appeal of Larra v Blaxcell from New South Wales for non Pros. Was inserted as Vide Entd. Page–

            His Majesty having taken the said Report into consideration was pleased by and with the advice of His Privy Council to approve thereof and to Order as it is hereby Ordered That the said Appeal be and the same is hereby dismissed this Board for non Prosecutn Whereof the Governor Lieutenant Governor or Commander in Chief of New South Wales for the time being and all other persons whom it may concern are to take notice and govern themselves accordingly.

Notes

[1]

The Appeal Book 1781-1819 (held in the office of the Judicial Committee of the Privy Council) records the following:

[1825]

New South Wales

Jas. Larra v Garnham Blaxcell

[Received] 15 Feb 1825

[Referred] [tick mark in box]

[Second lawyers' box] Mr. Mangles

Petn. to dismiss