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

Hart v. Mackie [1841] NSWSupC 51

insolvency - slavery, compensation for abolition - Tobago

Supreme Court of New South Wales

Stephen J., June 1841

Source: Sydney Herald, 21 June 1841[1] 

INSOLVENT DEBTORS' COURT.

SATURDAY. - Before MR. JUSTICE STEPHEN.

HART V. MACKIE, PEACOCK V. SAME.

            In this case the insolvent was remanded about four weeks ago, as, from his examination by the first plaintiff, it appeared that he was not an insolvent, he having a claim for compensation for seven hundred and fifty slaves, who had been emancipated on his parents' estate, in the island of Tobago.[1]

            Mr. HART, who opposed the insolvent in the first case, informed the Court he would not oppose his being discharged, provided that the insolvent was compelled to file a statement of his claims on the Commissioners of the National Debt, and, at the same time, filed such documents as were in his possession, in order to enable him (Mr. Hart) to recover the amount due to the insolvent from the Commissioners.

            Mr. D. POOLE, who appeared for the plaintiff, Peacock, informed the Court that he would not oppose the insolvent's discharge, provided a proper deed of assignment was executed; and he hoped that Major Innes would be appointed trustee for the general benefit of his client, and the other creditors.

            The insolvent informed the court he had no objection to Major Innes being appointed trustee for the general good of his creditors, but he hoped that no preference would be given to the plaintiffs who opposed him.

            The court was of opinion that the application of the plaintiffs was of such nature that the insolvent could not be discharged until he complied with it, at the same time there was nothing in the act which could warrant the court in complying with the request of the insolvent; who was afterwards remanded till the whole documents connected with his claims for the slaves were filed.

Notes

[1]  Those who have the opportunity to visit the office of the Judicial Committee of the Privy Council will find dozens of slavery compensation cases recorded in its archives

Published by the Division of Law, Macquarie University