Appeals to the Privy Council

Report No. 08_1681_02

Dyer v Winder

New York 

Case Name Short

Dyer v Winder

Not a ‘true’ appeal.
Case Name Long

Capt. William Dyer v Samuel Winder

 

Acts of the Privy Council, Colonial Series

view_APC  view_CSP

APC Citation 

v.2 [47] p.24 – 14 September 1681 – entry 1

 
CSP Citation 

VI no. 229

 
PC Register Citation 

Charles II v.16 (1 June 1680 – 31 May 1683) p.356: PC 2/69/356

view  

APC Citation 

v.2 [47] p.24 – 29 June 1682 – entry 2

 
CSP Citation 

VI no. 591

 
PC Register Citation 

Charles II v.16 (1 June 1680 – 31 May 1683) p.528: PC 2/69/528

view  

APC Citation 

v.2 [47] p.24–25 – 3 August 1682 – entry 3

 
CSP Citation 

VI no. 642

 
PC Register Citation 

Charles II v.16 (1 June 1680 – 31 May 1683) p.542: PC 2/69/542

view  

APC Citation 

v.2 [47] p.25 – 25 October 1682 – entry 4

 
PC Register Citation 

Charles II v.16 (1 June 1680 – 31 May 1683) p.552: PC 2/69/552

view  

Colonial Courts

Court of Assises (see Notes)

Participants

Dyer, Capt. William

Winder, Samuel

Description

Accusation of high treason in levying customs within the province of New York

Disposition

According to the APC, Dyer’s bond is ordered delivered to him; “he may take his remedy at Law against the said Winder in New York or else where he shall think fit.” Winder fails to appear.

Notes

Goebel and Naughton, Law Enforcement in Colonial New York, p.224, notes that since there was no final judgment in the Court of Assizes in New York, Dyer v Winder is not, strictly speaking, an appeal. He explains that “at a special Court of Assizes Dyer objected to the jurisdiction of the court, and after some debate it was decided to send the defendant to England, take the security of Winder to prosecute and refer the matter to the Privy Council. Dyer petitioned the Council and the matter was referred to the Lords Committee. In due course the case was dismissed as Winder did not appear to prosecute.”


DOCUMENTATION

Printed Cases

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Privy Council Documents in PC 1 at The National Archives at Kew

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