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Colonial Cases

Newspaper reports and minor cases, Privy Council

The Times, 3 November, 1833.
COURT CIRCULAR.
A meeting of the Judicial Committee of the Privy Council was held yesterday in the Council Chamber. It was attended by the Lord Chancellor, Mr. Justice Parke, Mr. Justice Bosanquet, the Judge of the Prerogative Court, and the Vice-Chancellor.
The Lord Chancellor, on the part of their Lordships, gave judgment in the appeal "Powell v. Marshall" (Antigua), reversing the decision of the Court below, on the ground that the writ of error had been improperly taken off the file. The bill of exceptions must therefore be allowed to be amended, as to the notice of the Chief Justice.
A motion (ex parte) was made in the case of "Nottings v. Winslow (Prince Edward Island.)
Mr. Pemberton and Mr. Burge addressed their Lordships on the appeal "Smith v. Ure" (Granada). The Attorney-General was heard in a cross-appeal, "Ure v. Smith." The principal question in dispute was, whether a party in certain commercial transactions in which he had been engaged and acted on the part of a firm, of which he was a member, or simply for his individual benefit. Mr. Pemberton having replied to the arguments of the Attorney-General, their Lordships adjourned.

 

The Times, 12 November 1833
COURT CIRCULAR.
A meeting of the Judicial Committee of the Privy Council appointed by an act for the better Administration of Justice in His Majesty's Privy Council, passed during the last session of Parliament, was held yesterday at the Council Chamber, Whitehall. It was attended by the Lord President of the Council, The Lord Chancellor, the Lord Chief Justice of the Court of King's Bench, the Master of the Rolls, Lord Lyndhurst, the Lord Chief Justice of the Court of Common Pleas, the Judge of the Prerogative Court, the Chief Judge of the Court of Bankruptcy, Mr. Justice Bosanquet, Mr. Justice Parke, and Sir L. Shadwell. Mr. Greville and the Hon. William Bathurst were the clerks of the council in waiting. The King's Advocate-General was also in attendance.
This was the first meeting of the Judicial Committee since its appointment. Their Lordships assembled at 3 o'clock, and adjourned soon after 5 o'clock.

 

The Times, 2 January, 1834
COURT CIRCULAR.
  The Judicial Committee of the Privy Council held a meeting yesterday morning in the Council Chamber, Whitehall. The Lords present were the Right Hon. Sir James Parke, Sir John Bosanquet, and Sir Alexander Johnston; the Chief Judge of the Bankruptcy Court and the Vice-Chancellor.
  The Hon. William Bathurst was the Clerk of the council in waiting.
  The Attorney-General, Dr. Lushington, and Mr. Burge addressed their Lordships on a number of petitions:
  Duncan (Guernsey), was an application to stay the decree of the Royal Court respecting a bond for 6,500 l., with a clause that there should be no appeal. - Refused.
  Austin (Demerara) was for leave to prosecute certain parties who had taken his private property in execution. It not being liable. - Granted.
  Kearney, Tupper and others (Guernsey), was against an assessment for rates made on property by the parish. - Granted.
  Representatives of Douglas (Demerara), and Fraser (St. Vincent's).
  An appeal "Haimlun Chill Singh v. Hoomer Gunshearn Singh" (Bengal), then occupied the attention of their Lordships. The appeal is respecting a disputed succession to property, and as to the existence of an ancient law, by which a widow could adopt a son who could succeed to the property to the exclusion of the husband's relatives. Their Lordships adjourned about 4 o'clock.

 

The Times, 14 May, 1834
COURT CIRCULAR.
  The Judicial Committee of the Privy Council sat yesterday in the Council Chamber, Whitehall, to hear Colonial Appeals.
  Douglas versus Moffat. - This was a question as to the amount of compensation to an agent for recovering a large sum of money from a party who had absconded with it from the Canadas. Mr. James Wigram was heard for the appellant, and Mr. Maude for the respondents.  Sir Bernard Bosanquet delivered, on the part of the Court, the judgment, "that the decree of the Court of Appeal be reversed, and that the judgment of the Court of King's Bench be confirmed, as far as regards the interest and costs, but varied in the matter of the principal sum from 600 l. to 507 l."
  Vewata Niladry Row v. Vachavoy Veucatapotty Raz, an appeal from the Sudder Adawat, Madras. Mr. Miller opened this case on the part of the appellants, and continued speaking till their Lordships adjourned.
  The Lords present were the Right Honourable Sir L. Shadwell, Sir James Parke, Sir Bernard Bosanquet, Thomas Erskine, Sir Alexander Johnston, and Sir Edward East. The Hon. William Bathurst was the Clerk of the council in Waiting.

 

The Times, 17 May, 1834
COURT CIRCULAR.
  The Judicial Committee of the Privy Council were occupied during the whole of their sitting on Thursday with the further hearing of an appeal from Madras - Veucata Nilandry Row v. Vutchavoy Veucata Putty Rae." Messrs. Miller and James Wigram appeared for the appellants; Mr. Sergeant Spence for the respondents. The case was resumed yesterday morning and concluded. The Report of the committee will be submitted to the King in Council.
  Sir Charles Wetherall afterwards addressed their Lordships on the appeal "Meiklejohn v. Attorney-General" (Lower Canada.) The Solicitor-General replied on the part of the respondents.
  Their Lordships then adjourned.

 

The Times, 15 June, 1836
COURT CIRCULAR.
  The Judicial Committee of the Privy Council sat yesterday in the Council Chamber.  The appeals "Stowe v. Laborde" (St. Vincent), and "Ex parte Attorney-General v. Ryan (Newfoundland), were heard by their Lordships.
  The Lords present were the Vice-Chancellor, Sir J. B. Bosanquet, Mr. Baron Park, and the Chief Judge in Bankruptcy.  The Hon. W. Bathurst was the Clerk of the Council in Waiting   Their Lordships adjourned at 12 o'clock.

 

The Times, 30 November, 1835
COURT CIRCULAR.
  The Judicial Committee of His Majesty's Most Hon. Privy Council sat on Saturday, and resumed the appeal "Yachereddy Chinna  Bassavapa v. Yachereddy  Gowdeep." - Mr. Wigram, King's Council, was heard for the appellant, and Mr. Serjeant Sparkie  and Mr. Lloyd  for the respondent. - Judgment reserved.
 Mt. Miller, King's Counsel, then opened asn apperal  from Bombay - "Bae Rutum Koonwar Budder (widowe of Huree, appellant, v. Patek Ravee Budder  Shebudder, aftyer his deasth his heirs, respomdemt. [Bombay]
  At 4 o'clock theor Lordship s adjourned. There were present Lord Broughsm, Mr. Naron Parke, the Judghe of the Prerogstiver Courtg, the Chuief Judge in Banjruiotcy, and S|ir Aklwxander Johnston.

 

The Times, 5 December, 1835
COURT CIRCULAR.
  The Judicial Committee of His Majesty's Most Honourable Privy Council sat yesterday in the Council chamber. There were present Lord Brougham, Mr. Baron Parke, the Judge of the Prerogative Court, the Chief Judge in Bankruptcy, and Sir Alexander Johnston.
  Mr. Baron Parke, on the part of their Lordships, gave judgment in an appeal from Madras, "Yecherreddy Chinna Bassavapa v. Yachereddy Godpa," affirming the decree of the Court of Sudder Dewanny Adawlut, except as to costs; the Court having given costs against the present appellant both in that Court and the Provincial Court below; this part of the decree was altered. Each party to pay his own costs.
  Messrs. Miller and Gordon were heard for the appellants in an appeal from Bombay, "Bae Rutum Koonwur v. Patek Ravee Budder." Mr. Serjeant Sparkie and Mr. Lloyd were heard in support of the decree of the Court below.

 

The Times, 22 December, 1835
COURT CIRCULAR.
  The Judicial Committee of His Majesty's Most Honourable Privy Council sat yesterday. There were present Lord Brougham, Mr. Baron Parke, the Judge of the Prerogative Court, and the Chief Judge in Bankruptcy.
   Lord Brougham gave judgment in the appeal "Fraser v. Birch," from St. Vincent's, and reversed part of the decree of the Court below, and also ordered the respondent to pay the costs.
  Dr. Lushington then addressed their Lordships for the respondent in the appeal "Cameron v. Kyte," from Berbice.

 

The Times, 9 January, 1836
COURT CIRCULAR.
  The Judicial Committee of the Privy Council sat yesterday. The Lords present were Lord Lyndhurst, Mr. Baron Parke, the Judge of the Prerogative Court, and the Chief Judge in Bankruptcy. The Hon. William Bathurst was the Clerk of the Council in Waiting.
  Their Lordships gave judgment on an appeal from Demerara, "Cameron v. Kyte," and dismissed the appeal with costs.

The Times, 10 February, 1836
COURT CIRCULAR.
  The Judicial Committee of the Privy Council sat yesterday, and was occupied throughout the day on an appeal from the Court of Criminal and Civil Justice of the Colony of Demerara and Essequibo, between Michael M'Turk, attorney in the colony of British Guiana, of John Douglas, Thomas Dunlop Douglas, and Archibald Douglas, and Co. v. the Executor or Executors of Colin Douglas, sen. Deceased.
  Mr. Serjeant Stephen and Mr. Burge, King's Counsel, were heard for the appellant; and Messrs. Pemberton and Spence, King's Counsel, for the respondent.
  The Court ordered that the accounts should be taken, the question of costs in the Court below being reserved. Their Lordships also made an alteration in the decree of the Court below.
  The Lords present were Lord Lyndhurst, Sir J. Bernard Bosanquet, Mr. Baron Parke, and the Chief Justice in Bankruptcy.

The Times, 22 February, 1836
COURT CIRCULAR.
The Judicial Committee of the Privy Council sat on Saturday. The Lords present were - Lord Wynford, Mr. Baron Parke, Sir J. Bernard Bosanquet, and the Chief Judge in Bankruptcy.
  The appeals for hearing were .  .  .  "Ranee Naghoor in Nissa," from Bengal (special motion);  .  .  .

 

The Times, 5 January, 1841
JUDICIAL COMMITTEE OF THE PRIVY COUINCIL,
MONDAY, JAN. 4.
BUTTS v. FOWLER, ATTORNEY OF WARD.
  This appeal, which came from Guiana, was heard and decided, but was not of the smallest interest or importance to anybody except the parties immediately interested. Mr. Miller, Queen's Counsel, and Mr. Loftus Wigram appeared for the appellants; and Mr. Pemberton, Mr. Burge, and Mr. Sydney Gurney, for the respondent s. The appeal was dismissed with costs.

 

The Times, 19 February, 1841
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
THURSDAY, FEB. 18.
  Their Lordships this morning assembled to hear an appeal from Lower Canada, in which the only question between the parties was the extent to which they were severally entitled to use the water of a river which flowed by mills belonging to each of the suitors.
  The Lords present were Lord Brougham, Mr. Justice Bosanquet, Mr, Justice Parke, and the Judge of the Court of Admiralty.
  Mr. Burge appeared for the appellants; and Mr. Kinnersley and Mr. Wigram for the respondents.
  At the conclusion of the argument, the Court was cleared, but after an interval of about 20 minutes it was intimated that no judgment would be then given, and the Court rose a little after 4 o'clock.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School