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Decisions of the Superior Courts of New South Wales, 1788-1899

Eagar v. de Mestre [1820] NSWKR 4; [1820] NSWSupC 4

felony attaint

Supreme Court
Field J.A., 15 September 1820
Source: F. Forbes, "Points for Consideration in Proposed New South Wales Bill", 1 January 1823, in Historical Records of Australia , series 4, vol. 1 (Section A), p. 417 (note 203). Note 203 details in "Commentary", H.R.A. , series 1, vol. 10, pp 944-945 [1]

[944] ...In the year 1820, a judgment in the suit of E. Eagar v. P. de Mestre was given by B. Field that "persons, arriving in the colony under sentence of transportation, and afterwards receiving instruments of absolute and conditional remission of such sentence, pursuant to the Act of Parliament before mentioned, were not thereby restored to any civil rights of free subjects, unless and until their names should be inserted in some General Pardon under the Great Seal of England, but, on the contrary, that they still remain convicts attaint, incapable of taking, by grant or purchase, holding or [945] conveying any property, real or personal, of suing in a court of justice, or of giving evidence therein".


[1] See also Eagar v. Field, 1820.

Published by the Division of Law, Macquarie University