Jamaica Portland 163A & B

Parliamentary Papers p. 52.

The award was split: 163A - £151 6s 9d went to Atkinson & Hozier, 21/12/1835; 163B - £75 13s 5d went to the Earl of Balcarres, 21/12/1835.

T71/1201: shows background to these claims with Atkinson & Hozier. Counterclaim by the Earl of Balcarres, resident in England. Appendix Particulars of counterclaim states: 'The counterclaim in this case labours under some difficulty in asserting his counterclaim in this country, in as much as there do not appear to be on hand the deeds between the parties by which their respective rights were ascertained and fixed: the counterclaim however states that under an agreement entered into between his late father, the Rt hon Alex. Earl of Balcarres formerly Governor of this colony, and the predecessors of the firm of the present claimants, Messrs Atkinson and Hozier his said father became entitled to one third of the whole of the slaves then employed by the  Govt as Pioneers (?) and also to one third of those who might be thereafter purchased and placed in that Establishment'. Title was taken by the existing firm, as any partner retired the interest was transferred to the succeeding firm. Until the death of 6th Earl, Atkinson and Hozier rendered accounts to him, charging him for purchases of enslaved persons, and credited him for hire or proceeds of slaves, 'by letters and otherwise invariably recognized his Lordships right to a participation in a full third of the rent and profit of all the Pioneer negroes, and also his claim to a full third of the negroes themselves'. The 7th Earl continued to receive accounts current, although 'title was with firm of Atkinson & Hozier, who until the last 3-4 years were attorneys of the 7th Earl. 7th Earl was 'ready to maintain and prove' the circumstances previously mentioned, one third of the compensation being 'both legally and equitably the property and of right payable and belonging to the counterclaimant.' Atkinson & Hozier (replication signature proved 17/12/1835) admittted the counterclaim and 'have not only never denied his right of participation but have always been ready and willing that he should receive and be paid the same'. Identifies James Hozier as being at present resident in London. The Earl of Balcarres omitted not to cut him out but because his name was not on the Slave Registers in 1832 nor since 1817.