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| Appeals to the Privy Council from the Caribbean and Canadian Colonies |
| Report No. JAM_1759_03 |
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Jamaica |
| Case Name Long |
Thomas Peters (later also Thomas Hercey Barritt and Thomas Biggs) v John Bourke, et al. |
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| Case Name Long |
Sir John Molesworth and Thomas Peters v Thomas Fearon |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.4 [385] p.413–414 (11 April 1759 – 26 July 1765) |
| PC Register Citation | George II v.17 (1 Jan. 1758 – 21 May 1759) p.471: PC 2/106/471 |
| PC Register Citation | George II v.18 (2 May 1759 – 10 July 1760) p.131–132, 493: PC 2/107/131–132, 493 |
| PC Register Citation | George III v.1 (25 Oct. 1760 – 31 Dec. 1761) p.187: PC 2/108/187 |
| PC Register Citation | George III v.2 (1 Jan. 1762 – 30 April 1763) p.176–187, 202: PC 2/109/176–187, 202 |
| PC Register Citation | George III v.4 (1 Oct. 1764 – 27 Aug. 1766) p.169, 298–299, 305: PC 2/111/169–170, 298–299, 305 |
Colonial Courts |
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Chancery – 27 May and 21 Aug. 1758 (Peters v Bourke) |
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Chancery – 15 Nov. 1759 (Molesworth v Fearon) |
Participants |
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Barritt, Elizabeth |
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Barritt, Nicholas, later deceased (father of Thomas Hercey) |
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Barritt, Thomas Hercey, appellant (son of Nicholas) |
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Biggs, Thomas, appellant |
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Bourke (Burke), John, respondent |
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Bourke (Burke), Nicholas |
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Byndloss, Matthew |
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Fearon, Hon. Thomas, respondent (father of Thomas Peters Fearon) |
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Fearon, Thomas Peters, deceased (son of Thomas) |
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Flaherty, John |
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Ford, Mr. ___ (attorney for defendants) |
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Goostrey, Mr. [Thomas] (attorney for Thomas Fearon) |
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Molesworth, Sir John, baronet, of Pencarrow in Cornwall, appellant |
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Peters, ___ (attorney for John Molesworth) |
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Peters, Thomas, appellant |
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Thomson, Duncan, surveyor |
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Warnes (Worms), Edward, surveyor |
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Welch, Mr. [?Richard] (attorney for plaintiffs) |
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Wilson, Edmund, of New Court in the Temple (attorney for John Bourke and John Flaherty) |
Description |
Concerning land. |
Disposition |
Decrees of 1758 reversed. |
Notes |
John Bourke’s name is spelled ‘Burke’ in the printed case filed on his behalf. The fact that Yorke and Forrester represent the respondent in Molesworth v Fearon and the appellant in Peters v Bourke suggests, as is in fact the case, that the issues involved in the two cases are quite different despite the overlapping parties. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Peters v Bourke) |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case | Case of the appellant (Sir John Molesworth and Thomas Peters v Thomas Fearon) |
| Counsel | Flr. Norton; C. Ambler (Molesworth v Fearon) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36218 f.154r–156v (Molesworth v Fearon. Printed/manuscript date on dorse 6 April 1762; manuscript notes only on dorse.) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36218 f.161r–163v (Peters v Bourke. Printed date on dorse 6 April 1762; includes manuscript notes.) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36219 f.261r–263v (Peters v Bourke (as above). Printed date on dorse 6 April 1765. Note on dorse: “The Respondents on the former Hearing took an objection that Barritt & Biggs were not made Partys, they gave it upon the Merits, so the Lords ordered us to amend our Appeal, We have done it & made them Partys, & brung a Summons upon the Royal Exchange. To be heard 16. July 1765. Mr Yorke Mr Forrester – 10 Gu. /s/ Eyre.” Manuscript notes and underlining throughout.) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36219 f.264r–266v (Peters v Bourke (as above). Printed date on dorse 6 April 1765. Note on dorse: “(July 1764) This Cause was Part heard last Year when the respondents insisting upon their Objection for Want of Partys, the Lords ordered it to stand over with Liberty to amend our Appeal by adding Biggs & Barrett Partys – This has been done & a Summons brung upon the Royal Exchange – The Merits were in a Manner given up to us last Hearing, so we ?suspicion there will be little or no Opposition to us - Mr Eyre will send a Brief before with the two others that Mr Yorke ?has lately settled. As to the Lordships it has been long since heard as a Plantation Case [a line and a half deleted] Ex parte.” No other manuscript notes or underlining..) |
| Respondent’s case | Case of the respondent (Sir John Molesworth and Thomas Peters v Thomas Fearon) |
| Counsel | C. Yorke; Al. Forrester (Molesworth v Fearon) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36218 f.157r–160v (Molesworth v Fearon. Printed date on dorse 6 April 1762; manuscript notes only on dorse.) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36218 f.164r–165v (Peters v Burke. Printed date on dorse 6 April 1762. Note on dorse “Mr. Atty Genrl.” No other notes or underlinings.) |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36219 f.267r–268v (Peters v Burke (as above). Printed date on dorse 6 April 1762. No manuscript notes or underlining.) |
Privy Council Documents in PC 1 at The National Archives at Kew |
| TNA Document | Committee report (Peters and Molesworth v Bourke) – 18 July 1765 (PC 1/51/56) | view_Document |
| Notes about Document |
Referenced in APC v.6 [667] p.403. |