Supplement to a Treatise On the West Indian Incumbered Estates Acts With Report

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Osborn should secure in the manner therein mentioned the repay- ment to the consignees of all moneys advanced by them either to Mrs. Osborn or her husband, or on account of the plantation, with interest thereon after the rate of £5 per cent, per annum from the time or times at which such moneys should be advanced, excludes all claim to interest, save simple interest at the rate of £5 per cent. If the case were to be decided on this recital alone, I much doubt if the contention could be supporte...d. £5 per cent, was to be the rate of interest, but the character of the sums on which it was to be charged in relation to advances made for cultivation and management must, I think, de- pend upon the custom of merchants. Tn order to exclude merchants from th^ benefit of the ordinary charges in the trade, a clear and explicit intention ought to be expressed or necessarily implied in the language used. The words in the recital do not, ih my view, exclude the ordinary usage, and the wihtnessing part is scarcely consistent with putting the suggested Tnea«ing upon them.

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