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all." I have bad some actions before me, going rather further than these transitory actions; that is, going to cases which in England would be local actions: and I remember one, I think it was an action brought against captain Gambier, who by order of admiral Boscawen had pulled down the houses of some suttlers who supplied the navy and sailors with spirituous liquors; and whether the act was right or wrong, it was certainly done with a good intention on the part of the admiral, for the sailors' health were affected by it. They were pulled down. The captain was inattentive enough to bring the gentleman over in his own ship, who would never have got to England otherwise; and as soon as he came here, he was advised that he should bring an action against him. He brought his action, and one of the counts in the declaration was for pulling down the houses. The objection was taken to the count for pulling down the houses; and the case of Skinner and the East India Company was cited in support of the objection. On the other side, they produced, from a manuscript note, a case before lord chief justice Eyre, where he over-ruled the objection; and I over-ruled the objection upon this principle, that the reparation here was personal, and for damages; that there would be a failure of justice, for it was upon the coast of Nova Scotia, where there were no regular courts of justice, but if there had been, captain Gambier might never go there again; and that the reason of locality in such an action in England did not hold in this case. I quoted a case of an injury of that sort in the East-Indies, where even in a court of equity lord Hardwicke had directed satisfaction to be made in damages. That case was not fully argued; but this was argued, and there were large damages given against Gambier. I do not quote it for the opinion I was of there, because that opinion is very likely to be erroneous; but I quote it for this reason, that there were large damages given against captain Gambier: and though he was not at the expence, for he acted by the orders of admiral Boscawen, yet the admiral's representatives paid the expence, therefore their inclination was to have got rid of that verdict if they could; but there never was any motion for a new trial. I recollect another cause that came on before me: that was the case of admiral Palliser; there the very gist of the action was local. It was for destroying fishingbuts upon the Labrador coast. It was a nice question; when the Canadians settled, and

when they had a right to it. It was a dispute between them and the fishermen in England. The cause went on a great way: the defendant would have turned it short at once, if he could' have made that objection; but that objection was not made. There are no local courts among the Esquimaux Indians upon that part of the Labrador-coast. Whatever injury had been done there by any of the king's officers would have been altogether without redress, if that objection of locality would have held: and the consequence of that circumstance shews, that where the reason fails, even in actions which in England would be local actions, yet that does not hold to places beyond the seas within the king's dominions. That of admiral Palliser's went off upon a proposal of a reference, and ended by an award. But as to transitory actions, there is not a colour of doubt but that every action that is transitory may be laid in any county in England, though the matter arises beyond the seas: and when it is absolutely necessary to lay the truth of the case in the declaration, there is a fiction of law to assist you, and you shall not make use of the truth of the case against that fiction, but you may make use of it to every other purpose. I am clearly of opinion not only against the objections made, but that there does not appear a question upon which the objections could arise.

same opinion, and the Court ordered, “That The other judges declared themselves of the the judgment should be affirmed.”

In consequence of the above judgment, on Saturday the 4th day of February 1775, the gentlemen who were bail for governor Mostyn, to prevent his being taken in execution and carried to prison, were obliged to pay to Mr. Fabrigas the sum of 3,000l. for his damages, and 159. which the Court amerced the governor in costs,

I have not ventured to alter the nonsensical passages in the former report of this case. The case in Shower, which is alluded to in p. 115, I suppose to be that of sir Richard Dutton v. Howell and others, executors of Witham, P. 24.

See the Case of Louisa Calderon. General Picton, B. R. A. D. 1809.

See, also, the following Case of the Island of Grenada (Campbell v. Hall), and the Canadian Freeholder, as therein cited.

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550. The Case of the Island of Grenada; in relation to the Payment of Four and one-half in the Hundred of Goods exported therefrom; between ALEXANDER CAMPBELL, esq. Plaintiff, and WM. HALL, esq. Defendant, in the Court of King's-Bench, before Lord Chief-Justice Mansfield: 15 GEORGE III. A. D. 1774. [The following account of this Case is com- he the said William would well and truly pay piled from the Reports of Mr. Lofft and Mr. Henry Cowper, together with the short-hand writer's report of the Arguments of Mr. Macdonald (now Lord Chief Baron of the Exchequer), and Mr. Hargrave. Both those learned persons have assented to the publication of this Manuscript, which was imparted to me by Mr. Hargrave, with his accustomed kindness of assistance in the im-year aforesaid, and often afterwards, at Lon

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London to wit, Be it remembered, that 'heretofore, that is to say, in Easter-term last 'past, before our lord the king at Westminster, came Alexander Campbell, esq. by Ben 'jamin Rosewell, his attorney, and brought in the court of our said lord the king then there, his bill against William Hall, esq. being in the custody of the marshal of the Marshalsea of our said lord the king, before the king himself, of a plea of trespass on the case; and there are pledges for the prosecution, to wit, John Doe and Richard Roe. Which said bill follows in these words, to wit, London, to wit, Alexander Campbell, esq. complains of William Hall, esq. being in the custody of the marshal of the Marshalsea of our lord the king himself, of a plea [of trespass on the case; and also] for that whereas the said William, on the first day of January, in the year of our Lord 1773, at London aforesaid, to wit, in the parish of St. Mary-le-Bow, in the ward of Cheap, was indebted to the said Alexander in the sum of 201. of lawful money ' of Great Britain, for the like sum of money by the said William before that time had and received, for and to the use of the said Alexander: and being so indebted, he the said William, in consideration thereof, afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward 'aforesaid, undertook, and to the said Alex⚫ ander then and there faithfully promised, that

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and satisfy the said Alexander the said sum of money whenever he the said William should be thereunto afterwards required. Yet the 'said William, not regarding his said promise and undertaking, but contriving and fraudu

lently intending craftily and subtilly to de'ceive the said Alexander in this behalf, hath not 'paid the said Alexander the said sum of money, or any part thereof, (although the said William afterwards, to wit, on the same day and

don aforesaid, in the parish and ward aforesaid, was by the said Alexander required so to do) but to pay the same, or any part thereof, to the said Alexander he the said William hath bitherto altogether refused, and still doth refuse, to the damage of the said Alexander of 201. And thereof he brings his 'suit, &c.'

"And now on this day, to wit, on Friday next after the morrow of the Holy Trinity, in this same term, (to which said day the said William had leave to imparle to the said bill, and then to answer, &c.) before our lord the king at Westminster, comes as well the said Alexander, by his attorney aforesaid, as the said William, by Robert Want, his attorney; and the said William defends the wrong and injury. When, &c. and says he did not undertake and promise in manner and form as the said Alexander Campbell above complains against him. And of this he puts himself upon the country; and the said Alexander doth the like.

"Therefore let a jury thereupon come before our lord the king on Wednesday next after three weeks of the Holy Trinity, by whom the truth of the matter may be better known, [and who neither are of kin to the aforesaid Alexander nor to the aforesaid William] to recog nize the truth of the issue between the said parties, because as well the said Alexander as the said William, between whom the issue is, have put themselves upon the said jury. The same day is given to the party aforesaid.

"Afterwards the process being continued between the parties aforesaid, of the plea aforesaid, by the jury between them being respited (before our lord the king, at Westminster, until Saturday next after the morrow of All Souls then next following, unless the king's right trusty and well beloved William, lord Mansfield, his majesty's chief justice assigned to hold pleas before our lord the king himself,

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shall first come on Friday the 2d day of July, at the Guildhall of the city of London, according to the form of the statute in such case made and provided) for default of jurors, because none of them did appear.

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Answer-They become subjects of bis 'Britannic majesty, and must take the oath of allegiance, but shall not be obliged to take 'arms against his most Christian majesty until 'a peace may determine the fate of the island. Article the fifth-They shall preserve their 'civil governinent, their laws, customs, and ' ordinances: justice shall be administered by 'the same officers who are now in employ

"At which day, before our lord the king ✰ Westminster, came the aforesaid Alexander Campbell, by the said Benjamin Rosewell, bis attorney aforesaid. And the said chief justice, before whom the issue was tried, sent hither his record had in these words, to wit, "After'wards, that is to say, on the day and at the 'place within contained, before the rightment; and there shall be a regulation made 'honourable William, lord Mansfield, the chief 'justice within written, John Way, gentleman, "being associated unto him according to the form of the statute in that case made and pro'vided, comes as well the within named Alexander Campbell, esq. by his attorney within 'named, as the within named William Hall, 'esq. by his attorney within mentioned.

for the interior police between the governor of his Britannic majesty and the inhabitants: ' and in case that at the peace the island shall 'be ceded to the king of Great Britain, it shall 'be allowed to the inl:abitants to preserve their political government, and to accept that of Antigua or St. Christopher's.

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"Answer-They become British subjects, (as in the preceding article) but shall continue 'to be governed by their present laws until his majesty's pleasure be known.

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"Article the sixth-The inhabitants, as also 'the religious orders, of both sexes, shall be maintained in the property of their effects, 'moveable and immoveable, of what nature soever, and shall be preserved in their privi'leges, rights, honours, and exemptions; their 'free negroes and mulattoes shall have the entire enjoyment of their liberty.

"And the jurors of the jury within mentioned being summoned, some of them, that is to say, Anthony Highmore, Peter Bostock, David Chambers, James La Motte, John Wilkinson, Joshua Bedshaw, and Silvanus 'Grove, come, and are sworn upon that jury: And because the residue of the jurors of the 'same jury do not appear, therefore other per'sons, of those standing by the court, by the 'sheriffs of the city and county aforesaid, at the request of the said Alexander, and by the 'command of the said chief justice, are now 'newly set down, whose names are filed in the within written pannel, according to the form of the statute in that case made and pro'vided. Which said jurors, so newly set 'down, that is to say, John Lee, William Ker'sil, Charles Hougham, John German, and 'Richard Hatt, being required, come, who, 'together with the said other jurors before im-majesty; and the capitation of negroes upon *pannelled, and sworn to declare the truth of 'the within contents, being elected, tried, and 'sworn, upon their oaths say,

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"Granted, in regard to the religious orders— The inhabitants, being subjects of Great Bri tain will enjoy their properties, and the same privileges as in the other bis majesty's Lee'ward islands.'

"Article the seventh-They shall not pay to his majesty any other duties than those which have been paid hitherto to his most Christian

the same footing it is paid at present, without any other charges or imposts: and the expences of justice, pensions to curates, and other occasional expences, shall be paid by the domain of his Britannic majesty, as they 'were by that of his most Christian majesty.' "Answered in the sixth article, as to what regards the inhabitants.

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"That the island of Grenada, in the WestIndies, was in the possession of the French ⚫king until it was conquered by the British 'arms in 1762. And that during that possession there were certain customs and impost ⚫ duties collected upon goods imported and ex- "Article the eleventh-No other than the 'ported into and out of the said island, under 'inhabitants resident in this island shall, till the the authority of his most Christian majesty. peace, possess any estates, either by acquisiAnd that in the said year 1762, the said island 'tion, agreement or otherwise: but in case at * was conquered by the king of Great Britain, the peace the country shall be ceded to the ⚫then in open war with the French king: and king of Great Britain, then it shall be per⚫ that the said island of Grenada surrendered to mitted to the inhabitants, who shall not be the British arms upon the same articles of willing to become his subjects, to sell their * capitulation as had been before granted to the estates, moveable and immoveable, to whom inhabitants of the island of Martinico, upon they please, and retire where they shall think the surrender thereof to the British arms. proper; in which case they shall be allowed And that in the articles of capitulation de-convenient time. [Answer.] All subjects of manded by and granted to the inhabitants of Great Britain may possess any lands or the said island of Martinico, upon the surren-houses by purchase. The remainder of this der thereof to the British arins, dated the article granted, provided they sell to British subjects.'

7th day of February, 1762, are the following les, that is to say,

Article the fourth-They shall be strictly

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"And the jurors aforesaid, upon their oaths aforesaid further say-That in the definitive

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treaty of peace and friendship between his Britannic majesty, the most Christian king and the king of Spain, concluded at Paris the 10th day of February 1763, amongst others are the following articles:

'tracting parties guaranty the partition so 'stipulated.'

"And the jurors aforesaid upon their oaths aforesaid further say, that his majesty, by his royal proclamation bearing date at Westminster the 7th day of October, 1763, amongst other things declared as follows, And whereas it will greatly contribute to the speedy settling 'our said new governments that our loving

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"Article the fourth-His most Christian 'majesty renounces all pretensions which he has heretofore formed or might form to Nova Scotia, or Acadia, in all its parts; and gua'ranties the whole of it and with all its depen-subjects should be informed of our paternal dancies to the king of Great Britain: moreover his most Christian majesty cedes and 'guaranties to his said Britannic majesty inhabitants thereof; we have thought fit to

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'care for the security of the liberties and properties of those who are and shall become in

publish and declare, by this our proclamation, that we have, in the letters patent under our 'great seal of Great Britain, by which the said 'governments are constituted, given express power and direction to our governors of our said colonies respectively, that, so soon as the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our council,

full right Canada, with all its dependancies, < as well as the island of Cape Breton, and all the other islands and coasts in the gulph and river of St. Lawrence. And in general every thing that depends on the said countries, lands, islands and coasts, with the sovereignty, property, possession, and all rights acquired by treaty or otherwise, which the most Christian king and the crown of France have had until now over the said countries, islands,summon and call general assemblies within lands, places, coasts, and their inhabitants: the said governments respectively, in such so that the most Christian king cedes and manner and form as is used and directed in 'makes over the whole to the said king and to 'those colonies and provinces in America, 'the crown of Great Britain; and that in the which are under our immediate government. most ample manner and form without re- -And we have also given power to the said 'striction, and without any liberty to depart governors, with the consent of our said coun from the said cession and guaranty uuder cils and the representatives of the people, so any pretence, or to disturb Great Britain in to be summoned as aforesaid, to make conthe possessions above mentioned.—His Bri- |'stitutions and ordain laws, statutes and ortannic majesty on his side agrees to grant the 'dinances, for the public welfare and good goliberty of the Catholic religion to the inhabi-vernment of our said colonies and of the peotants of Canada: he will consequently give ple and inhabitants thereof, as near as may the most precise and effectual orders, that his be, agreeable to the laws of England, and new Roman Catholic subjects may profess the under such regulations and restrictions as are worship of their religion, according to the ' used in other colonies. And in the mean time 'rights of the Romish church, so far as the and until such assemblies can be called as laws of Great Britain can permit-His Bri- aforesaid, all persons inhabiting in, or resorttannic majesty further agrees that the Frenching to our said colonies, may confide in our inhabitants or others who had been subjects royal protection for the enjoyment of the be of the most Christian king in Canada, maynefit of the laws of our realm of England: retire with all safety and freedom wherever they shall think proper, and may sell their 'estates provided it be to subjects of his Britannic majesty, and bring away their effects as well as their persons without being re'strained in their emigration under any pre⚫tence, except that of debts or criminal prose'cutions. The term limited for this emigration, shall be fixed to the space of eighteen 'months to be computed from the day of the 'exchange of the ratifications of the present treaty.'

"Article the ninth-The most Christain king cedes and guaranties to his Britannic • majesty in full right the islands of Grenada, with the same stipulations in favour of the inhabitants of this colony, inserted in the 4th 'article for those of Canada. And the partition of the islands called Neutral is agreed and fixed; so that those of St. Vincent, Do'minica, and Tobago, shall remain in full right to Great Britain, and that of St. Lucia shall be delivered to France, to enjoy the same likewise in full right. And the high con

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'for which purpose we bave given power under our great seal to the governors of our said co'lonies respectively, to erect and constitute, with the advice of our said councils respectively, courts of judicature and public justice 'within our said colonies, for the hearing and 'determining all causes as well criminal as civil according to law and equity, and as near as may be agreeable to the laws of England; with liberty to all persons who may think themselves aggrieved by the sentences of such 'courts in all civil causes to appeal, under the usual limitations and restrictions, to us in our privy council.'

"And the jurors aforesaid, upon their oaths aforesaid, further say-That his majesty by his royal proclamation bearing date at Westminster, the 26th day of March 1764, amongst other things did also declare as follows, Whereas we have taken into our consideration the great benefit that will arise to the commerce of our kingdoms and the interest of our subjects, from the speedy settlement of the islands of Grenada, the Grenadines,

Dominica, St. Vincent and Tobago, we do 'therefore think fit, with the advice of our 'privy council, to issue this our royal procla 'mation, to publish and declare to our loving 'subjects that we have with the advice of our 'said privy council, given the necessary powers and directions for an immediate survey, and 'division into proper parishes and districts, of 'such of the said islands as have not hitherto 'been so surveyed and divided; and for laying 'out such lands in the said islands as are in our 'power to dispose of, into allotments for planlations of different size and extent, according 'as the nature of the land shall be more or less 'adapted to the growth of sugar, coffee, cocoa, cotton, or other articles of beneficial cul. 'ture; reserving to us, our heirs and successors, 'such parts of the said islands as shall be ne'cessary for erecting fortifications thereon, and for all other military purposes; for glebes 'for ministers, allotments for school-masters, 'for wood-lands, high-roads, and all other 'public purposes: and also reserving such lands in our islands of Dominica and St. Vinceui, as at the time of the surrender 'were and still are in the possession of the 'French, inhabitants of the said islands; 'which lands it is our will and pleasure should 'be granted to such of the said inhabitants as 'shall be inclined to accept the same upon 'leases for terms absolute, or for renewable 'terms upon certain conditions, and under 'proper restrictions. And we do hereby farther 'publish and declare, that the allotments for plantations in our islands of Grenada, the 'Grenadines, Tobago and St. Vincent, shall 'contain from one hundred to three hundred 'acres, with some few allotments in each island 'of five hundred acres; and that the allot'ments in our island of Dominica, which is represented to be not so well adapted to the 'cultivation of sugar, and which from its 'situation requires in policy to be well peopled with white inhabitants, shall be in general from fifty to an hundred acres. That each purchaser of lands which have been cleared and im'proved, shall within the space of three months ⚫from the date of the grant settle and constantly 'keep upon the lot purchased one white man or two white women, for every hundred 'acres contained in the said lot, and in default thereof shall be subject to the payment of 201. per annum for every white woman, and * 401. per annum for every white man, that shall be wanting to complete the number. That the purchaser of uncleared lands shall ⚫ clear and cultivate one acre in every twenty in each year, until half the land so purchased 'shall be cleared, and in default thereof shall pay 57. per annum for every acre not cleared 'pursuant to such condition. And such pur'chaser shall also be obliged to settle and con'stantly keep upon the lot so purchased one white man or two white women for every 'hundred acres as the same shall be cleared. That each purchaser, besides the purchase *money, shall be subject to the payment of an

' annual quit-rent to us, our heirs and successors, ' of sixpence per acre, under the penalty of 51. per acre upon non-payment thereof. Such 'quit-rents in the case of the purchase of clear'ed lands to commence from the date of the 'grant, and the first payment to be made at the 'expiration of the first year; and in case of the 'purchase of the uncleared lands, such quit'rents to commence at the expiration of twelvemouths from the time each acre is cleared. That in case of failure in the payment of the purchase money in the manner above directed, the purchaser shall forfeit all right to the 'lands purchased.'

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"And the jurors aforesaid, upon their oaths aforesaid, further say, that his majesty by his letters patent, under his writ of privy seal bearing date, at Westminster, the 9th day of April 1764, appointed Robert Melville, esq. captain general and governor in chief in and over the islands of Grenada, the Grenadines, Dominica, St. Vincent, and Tobago, in America; and of all other islands and territories adjacent thereto : which said letters patent are as follows.-- George

the third by the grace of God, of Great Bri'tain, France and Ireland, king, defender of 'the faith, &c. To our trusty and well be'loved Robert Melville, esq. greeting: whereas we did by our letters patent under our great 'seal of Great Britain, bearing date at West'minster, the 4th day of April, in the first year ' of our reign, constitute and appoint Charles Pinfold, esq. captain-general, and governor in 'chief in and over our islands of Barbadoes, 'St. Lucia, Dominica, St. Vincent, Tobago, and 'the rest of our islands, colonies and planta⚫tions in America, commonly called or known by the name of our Carribee islands lying and being to the windward of Guadaloupe, and 'which then were or after should be under our subjection and government, during our will and pleasure, as by the said recited letters pa'tent, relation being thereunto had, may more fully and at large appear: now know you that we have revoked and determined, and by these presents do revoke and determine, such part and so much of the said recited letters patent, and every clause, article and thing, therein 'contained, as relates to, or mentions, the islands of St. Lucia, Dominica, St. Vincent, and Tobago. And further know you, that we, reposing especial trust and confidence in the prudence, courage and loyalty, of you the said Robert Melville, of our especial grace, 'certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint, you 'the said Robert Melville to be our captain'general and governor in chief, in and over our 'islands of Grenada, the Grenadines, Domi'nica, St. Vincent, and Tobago, in America, and of all other islands and territories adja. 'cent thereto, and which now are, or heretofore have been, dependent thereupon. And we do hereby require and command you to 'do and execute all things in due manner, that 'shall belong to your said command, and the

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