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Caribbean Appeals Appeals by Colony

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Caribbean Appeals Appeals by Colony CARIBBEAN APPEALS including Antigua, Bahamas, Barbados, Bermuda, Dominica, East Florida, Grenada, Guiana, Jamaica, Leeward Islands, Montserrat, Nevis, St. Christopher, St. Vincent, Tobago, Tortola, West Florida This preliminary list of appeals was constructed from index entries in the Acts of the Privy Council, Colonial Series (APC), beginning with the year 1674 and ending with 1783. The focus is on appeals or petitions for leave to appeal with a definite lower court decision. A list by colony and section number of matters indexed as appeals but for which no lower court decision is apparent is provided for each volume of the APC. A smattering of disputes, not indexed as appeals (and so noted in this list), are included if the APC abstract uses appeals language. Prize cases are not included if the matter was referred to the Committee for Hearing Appeals on Prize. Appeals are listed according to the location in the margin note unless otherwise explained. The spelling of the names of parties is accepted as presented in the APC abstracts. Appeals with John Doe or Richard Roe as named parties are treated as if those parties were individuals. Significant doubt about the identity of the respondent(s) results in the designation ‘X, appeal of” as the name of the case. Given the abbreviated nature of the abstracts, additional research in the Privy Council registers, in genealogical records, and on matters of procedure will be needed to clarify the case names throughout and establish their accuracy. If the APC only uses wording such as “petition of John Jones referred,” the action was not assumed to be an appeal. However, brief checks were made in Joseph Smith’s Appeals to the Privy Council from the American Plantations, the Privy Council’s registers, and the Calendar of State Papers, Colonial (CSP) for some items and judgments with regard to inclusion made accordingly. Printed cases are noted for three collections only: the Hardwicke Papers at the British Library, the Sir George Lee collection at the Law Library of Congress, and the William Samuel Johnson collection at the Diamond Law Library at Columbia University. Further searching has not been undertaken. The Hardwicke cases in the British Library appear here in the order in which they appear in the bound volumes of Additional Manuscripts. Call numbers for Hardwicke materials indicate the first page on which the printed cases begin. These cases have been transcribed for the Division of Manuscripts at the Library of Congress. The Lee collection at the Law Library of Congress may also contain printed cases related to James Barclay for which detailed information was not available to this compiler and thus are not listed here. Location of material in the Diamond Law Library at Columbia University is as follows: Treasure – Johnson 1770m and 2nd Fl. Microfilm Cabinet. The name of the case is added to the entry for the repository only if needed for clarification or if the spelling of the names of the parties significantly differs. Privy Council documents catalogued as PC 1 at The National Archives (TNA) at Kew are listed for each appeal for which an entry is indexed under the name of the colony in the APC, volume 6, as either ‘appeals’ or ‘petitions and complaints’, the latter only if they appear to relate to a later appeal. A page-by-page study of volume 6 might reveal more documents. PC 1 documents can then be located by date in the Anglo- American Legal Tradition website. Additional PC 1 documents discovered after the creation of the APC should be located and added using the TNA catalogue. _____________________________________________________________________________ APPEALS BY COLONY – Volume 1 Appeals are not indexed as such in volume 1 of the APC. Smith regards the earliest issues brought from the colonies to be ‘petitions in the nature of an appeal’ rather than true appeals. See his discussion of some of 1 these matters beginning on p.66 of his treatise. A more complete enumeration of early actions in volume 1 may be warranted. However, Smith regards Rodney v Cole from Nevis as the first genuine appeal. Jamaica Francis Mingham v T. Martin APC v.1 [1308] p.864 (10 Oct. 1679) Register - Charles II v.15 (21 April 1679 – 29 May 1680) p.225 (PC 2/68) Smith TOC (Mingham v Martin) Note: See also the entry for Mingham v Martin in the APC v.2 [6]. Nevis Capt. John Rodney (Rodeney) v Thomas Cole APC v.1 [976], [983], [985] p. 597, 599, 601 (2 Jan. 1674 – 20 March 1674) Register - Charles II v.11 (11 April 1673 – 30 Sept. 1675) p.158, 165, 188, 194 (PC 2/64) CSP III no. 1207 Smith TOC (Rodney v Cole) __________________________________________________________________ APPEALS BY COLONY – Volume 2 Antigua Capt. George St. Lowe (Loe) v John Kirwan APC v.2 [221] p.97–98 (8 April 1687 – 16 July 1687) Register - James II Part II (1 April 1687 – 16 Dec. 1688) p.433, 453, 458, 468, 476, 481 (PC 2/72) CSP VII no. 1303, 1313, 1350 Smith TOC (St. Loe v Kirwan) Note: Not indexed as an appeal John Lucas, appeal of APC v.2 [741] p.331 (18 May 1699) Register - William III v.5 (5 May 1697 – 30 March 1700) p.334 (PC 2/77) CSP XII no. 405 Smith TOC (Lucas v Rex) William Cockrane v Capt. Garret Powell APC v.2 [751] p.337 (29 June 1699 – 3 Aug. 1699) Register - William III v.5 (5 May 1697 – 30 March 1700) p.353, 355, 362 (PC 2/77) Smith TOC (Cockrane v Powell) Anthony Monteyro, appeal of APC v.2 [838] p.377 (16 Sept. 1701) Register - William III v.6 (4 April 1700 – 19 Feb. 1702) p.257 (PC 2/78) Smith TOC (In re The Experience and Susanna) Note: Not indexed as an appeal Samuel Barron (Barons), appeal of APC v.2 [839] p.377–379 (16 Sept. 1701 – 9 July 1705) Register - William III v.6 (4 April 1700 – 19 Feb. 1702) p.258, 286 (PC 2/78) Register - Anne v.1 (8 March 1702 – 18 Jan. 1704) p.230, 273 (PC 2/79) Register - Anne v.2 (20 Jan. 1704 – 29 Sept. 1705) p.316, 397–400 (PC 2/80) Smith TOC (In re The America) Note: Not indexed as an appeal 2 Thomas and Elizabeth Elliot and John and Sarah Earle and Mary Ligham, appeal of APC v.2 [1057] p. 548 (1 April 1708 – 19 May 1709) Register - Anne v.4 (5 March 1708 – 31 May 1710) p.48, 123–124, 312, 317 (PC 2/82) Smith TOC (Elliot v Perne) DOCUMENTATION Privy Council documents in PC 1 at The National Archives at Kew Depositions - 21 May 1708 and 15 June 1708 (APC v.6 [190] p.68–69) John and Anne French, appeal of APC v.2 [1189] p.674 (20 July 1713) Register - Anne v.6 (18 Aug. 1712 – 31 July 1714) p.213 (PC 2/84) William Codrington v Col. Michael Lambert APC v.2 [1197] p.676 (10 Jan. 1714 – 28 Feb. 1714) Register - Anne v.6 (18 Aug. 1712 – 31 July 1714) p.302, 340, 344 (PC 2/84) Valentine and Elizabeth Morris v Thomas and Elizabeth Williams, Edward Byam and John Fry APC v.2 [1204] p.680–681 (24 May 1714 – 17 June 1715) Register - Anne v.6 (18 Aug. 1712 – 31 July 1714) p.362 (PC 2/84) Register - George I v.1 (1 Aug. 1714 – 2 March 1717) p.222, 230 (PC 2/85) DOCUMENTATION Privy Council documents in PC 1 at The National Archives at Kew Committee Report - 11 May 1715 (APC v.6 [257] p.104) Note: PC 1 document is labeled ‘Barbados’. Caesar Rodney v Edward Chester APC v.2 [1226] p.696 (30 April 1715 – 13 Dec. 1715) Register - George I v.1 (1 Aug. 1714 – 2 March 1717) p.216, 323, 325 (PC 2/85) Daniel and Elizabeth Smith v Maine Sweet APC v.2 [1272] p.721–722 (29 Aug. 1717 – 31 March 1718) Register - George I v.2 (2 March 1717 – 25 Aug. 1720) p.35, 124, 129 (PC 2/86) Note: Also indexed under Leeward Islands and Nevis William Franklyn (later Ann Franklyn) v Stephen Buraston (Borraston) APC v.2 [1295] p.741–743 (14 May 1718 – 28 March 1727) Register - George I v.2 (2 March 1717 – 25 Aug. 1720) p.142, 195, 405, 412 (PC 2/86) Register - George I v.4 (1 June 1722 – 25 Aug. 1724) p.310, 319, 331–332 (PC 2/88) Register - George I v.5 (Sept. 1724 – May 1727) p.118, 306, 327, 340 (PC 2/89) Smith TOC (Franklyn v Buraston) Edward Chester v Royal African Company APC v.2 [1305] p.749–750 (6 Nov. 1718 – 24 March 1721) Register - George I v.2 (2 March 1717 – 25 Aug. 1720) p.187, 194, 215, 218 (PC 2/86) Register - George I v.3 (25 Aug. 1720 – 31 May 1722) p.171 (PC 2/87) Smith TOC (Chester v Royal African Co.) Benjamin Eversden and John Wright v Henry Douglas, Nathaniel Crump et al APC v.2 [1306] p.751 (21 Dec. 1718 – 28 March 1720) Register - George I v.2 (2 March 1717 – 25 Aug. 1720) p.209, 216, 371, 399–400, 401 (PC 2/86) Smith TOC (Eversden v Douglass) Daniel Mackinnen and William Kennedy v Thomas de Witt, John de Witt, and Mary de Witt APC v.2 [1326] p.765–766 (25 Aug. 1719 – 28 Feb. 1720) 3 Register - George I v.2 (2 March 1717 – 25 Aug. 1720) p.307, 381, 386 (PC 2/86) Smith TOC (Mackinnen v DeWitt) DOCUMENTATION Privy Council documents in PC 1 at The National Archives at Kew Petition of appeal and Order of Reference - 25 Aug.
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