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Unreported Judicial Decisions of the Privy Council, on Appeal from the Australian Colonies before 1850

Lord v. Harris [1813]

appeal, non-prosecution - bill of exchange

Appeal Committee of the Privy Council, 1813[1] 

Appeal from New South Wales

Unreported

Source: PRO PC2/194 Council Register 26 Oct. 1812 to 15 Jul. 1813, 8 Jan 1813 (no members named), pp 135-136

New South Wales

Committee Report for dismissing

Appeal of Simeon Lord against John

Harris and another

for Non Prosecution.

            Your Royal Highness having been pleased by Your Order in Council of the 9th of December last in the Name and on the behalf of His Majesty to refer unto this Committee the humble Petition of John Harris Esquire and Charles Mc.Laren;  Setting forth, That in the Year 1811 the Petitioners as the Payees of a certain Bill of Exchange drawn by Simeon Lord Esquire for the sum of £3,200 Sterling upon Messrs. Plummer, Bartiam and Plummer of London and which was returned protested for Non Acceptance commenced their action against Simeon Lord in the Court of Civil Jurisdiction held at Sydney in the Colony of New South Wales for recovery of the amount of the said Bill of Exchange; To which Action the said Simeon Lord pleaded the General Issue and the said Cause came on to be tried before the Judge Advocate of the said Court on the 30th. day of July 1811 when a Verdict was found for the Petitioners Damages £3953..15..5 and Costs £2..4..4  That immediately after the said Verdict was given the said Simeon Lord gave Notice of an Appeal to the Governor of the said Colony against the Decision of such Court, and an Appeal having been brought by the said Simeon Lord before His Excellency the Captain General and Governor in Chief of the said Colony on the 21st. day of August 1811 His said Excellency on the 24th. of the same Month of August was pleased to confirm the said Verdict, from which Order the said Simeon Lord prayed and was allowed leave to appeal to His Majesty in Council.  But the said Simeon Lord hath not prosecuted his said Appeal although one Year and upwards hath elapsed since the said Order was made and the said Appeal granted; and therefore the Petitioners humbly pray that the said Appeal may be dismissed with Costs for Non Prosecution; The Lords of the Committee in obedience to Your Royal Highness's said Order of Reference this Day took the said Petition into Consideration, and were attended by Counsel for the Petitioners thereupon, and it appearing to be Fifteen Months and upwards since the said Order was made and that the Appellant hath not during all that time presented his Petition of Appeal therefrom, nor taken any Steps towards prosecuting the same, Their Lordships do agree humbly to report as their Opinion to your Royal Highness that the said Appeal of the said Simeon Lord from the said Order of the Govert. of the said Colony of New South Wales of the 24th. day of August 1811, ought to be dismissed for Non Prosecution, with £30 Sterling Costs.

[p. 234, 10 February 1813, no members noted]

 

New South Wales

Order approving

Committee Report

for dismissing

Appeal of Simeon

Lord against John

Harris and another

for Non Prosecution

            Whereas there was this Day read at the Board a Report from the Right Honourable The Lords of the Committee of Council for hearing Appeals from the Plantations &c. dated the 8th. of last Month in the Words following vizt.

Memdum - Here the Committee Report for dismissing Appeal of Simeon Lord against John Harris Esqre. and another from New South Wales, for Non Prosecution was inserted at length as Vide entered Page    - 

            His Royal Highness the Prince Regent having taken the said Report into Consideration was pleased, in the Name and on the behalf of His Majesty and by and with the advice of His Majesty's Privy Council to approve thereof and to order as it is hereby Ordered, That the said Appeal of the said Simeon Lord from the said Order of the Governor of the said Colony of New South Wales of the 24th. day of August 1811, be, and the same is hereby dismissed this Board for Non Prosecution, with Thirty Pounds Sterling Costs.  Whereof the Governor, Lieutenant Governor or Commander in Chief of the Colony 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:

[1812]

New South Wales

Simeon Lord v John Harris & anr.

[Received] 24 Nov 1812

[Referred to the appeals committee] 8 Jan 1813

Leigh & Mason

Petn. to dismiss.

Under Enquiries, the same Appeal Book recorded the following:

New South Wales

Simeon Lord Esq v John Harris & McLaren

[Second lawyers' column] Leigh & Mason New Bridge St

Published by the Division of Law, Macquarie University