The Labrador Boundary

Privy Council Documents

Volume IV

[12 May , 1823.]

The Surrogate Court decided, that the law of current-supply does not extend to a general trader ;  and that the 49th Geo. III., c. 27, is not applicable to the seal-fishery.

p. 2030

No. 855


The appellants had furnished John Langdon with supplies for the fisheries, to the amount of £27 15s. 0d., which Langdon had made over to the owner of a schooner fitted out by him for the seal-fishery ;  and the appellants had brought their action in the Court below against the trustees of Langdon for this sum, upon the ground that they were entitled, in the settlement of Langdons estate, to a preference as current suppliers.  Judgment had, however, been given against them, and reasons are assigned by the Surrogate in support of his decision :  First, that Langdon was a general trader, and that credit had been given to him by Hunters & Co. as a general merchant.  Secondly, that the 49th Geo. III., c. 27, is not applicable to the seal-fishery, but is entirely confined to the cod-fishery.  In appealing, therefore, against this judgment, Simms, on behalf of the appellants, contended, that both the ground upon which it was founded were bad in law, and referred to Le Messuriers, Kellys, Grahams, and Dollys cases, in support of his objection.  On the other side, Hayward insisted that the judgment below was right in whatever light it may be viewed ;  and contended, as in the former case, that the Supreme Court had not power to review it.
The Court deferred judgment to a future day ;  and afterwards dismissed the appeal, on the grounds stated in the judgment on the foregoing case.

¹ Newfoundland Select Cases, 1817–1828, pp. 335–336.



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