Algernon Montage, - Appellant; The Lieutenant-Governor, and Executive Council, of Van Dieman's Land, - Respondents
| Jurisdiction | UK Non-devolved |
| Judgment Date | 03 July 1849 |
| Date | 03 July 1849 |
| Court | Privy Council |
English Reports Citation: 13 E.R. 773
ON APPEAL FROM VAN DIEMAN'S LAND.
Mews' Dig. tit. Colony, I. General Principles, 4. Judges and Courts; tit. Public Officer, A. Judicial Capacity, 1. Judge, e. Amotion. See note to Willis v. Gipps, 1846, 5 Moo. P.C. at p. 393.
ON APPEAL FKOM VAN DIEMAN'S LAND. ALGERNON MONTAGU-Appellant; THE LIEUTENANT-GOVERNOR, AND EXECUTIVE COUNCIL, OF VAN DIEMAN'S l,A~NT ,-Respondents * [June 29, and July 2 and 3, 1849]. The Governor and Council of a Colony or Plantation hare power, under the Statute, 22nd Geo. III., c. 75, to amove a Judge from his office, for mis-behavioxir or neglect of duty. Where a Judge availed himself of his judicial office, through an incident connected with the constitution of the Supreme Court in Van Dieman's Land, to obstruct his creditor from recovering a debt due from him, and, upon an investigation by the Governor and Council, was found to be involved to a large extent in bill transactions and pecuniary embarrassment: Held by the Judicial Committee sufficient to justify the Governor and Council in, removing him from office. The amotion was made, under an order of the Governor and Council, calling upon the Judge to show cause why he should not be suspended from office; Held also, that although there was some irregularity in pronouncing an, order for amotion, when the Judge had only been called upon to show cause against an order of suspension, yet, that as the facts justified the order of amotion and the Judge had sustained no prejudice by such irregularity, the order of amotion ought not to be reversed. This was a petition and appeal brought by Algernon Montagu, Esquire, against an order of His Excellency, [490] Sir William Thomas Denison, the Lieutenant-Governor, and the Executive Council, of Van Dieman's Land, dated the 31st of December, 1847, whereby the Appellant was amoved from the office of Puisne Judge of the Supreme Court, in that Colony, made in pursuance and under the powers conferred on the Lieutenant-Governor and Council, by the Statute, 22nd Geo. III., c. 75. The appeal was referred by Her Majesty to the Judicial Committee of the Privy Council. The order of amotion was made under the following circumstances: - By Statute, 9th Geo. IV., c. 83, for providing for the administration of justice in New South Wales and Van Dieman's Land, His Majesty was empowered to erect and establish Courts of Judicature in New South Wales and Van Dieman's Land, which were respectively to be called the Supreme Court of New South Wales and the Supreme Court of Van Dieman's Land. Under this Act, His Majesty, King-William the Fourth, by Letters Patent, dated the 4th of March, in the first year of his reign, ordained and appointed that there should be within the colony of Van Dieman's Land, a Supreme Court, to consist of, and be holden by and before, two * Present: Lord Brougham, Lord Langdale, the Right Hon. Dr. Lushington, and the Right Hon. T. Pemberton Leigh. 773 VI MOOEE, 491 MONTAGU V. VAN DIEMAN's LAND (LIEUT.-GOV. 0]?) [1849] Judges, one of them to be Chief Justice and the other Puisne Judge. The Appellant was appointed a Puisne Judge by Letters Patent, dated the 16th of June, in the third year of the reign of Will. IV., under the Great Seal of Great Britain, to hold the same during the pleasure of His Majesty, according to the above Act of Parliament and Letters Patent, or such other Charter or Letters Patent, as might be in force respecting the Supreme Court. On the 23rd of November, 1847, Mr. Young, the [491] attorney of a Mr. Anthony M'Meckan, presented a petition in the name of M'Meckan to His Excellency the Lieutenani Governor, which petition set forth, that M'Meckan was the holder of certain acceptances, granted by the Appellant, then Puisne Judge of the Supreme Court, and which were renewals of other acceptances previously granted for a debt due by him, contracted several years ago. That after various fruitless attempts on the part of the petitioner to obtain payment, he instructed his solicitor to issue a summons against...
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Termination of Appointments to Public Offices
...[1937] 2KB309.Willis vGipps(1846) 3Moo PCC 379; 13 ER 536; Montague vVanDiemen'sLand(LieutenantGovernor)(1849) 6MooPCC 489; 13 ER 773.H W RWadeandC F Forsyth, above n101at557. See alsoMallochvAberdeenCorporation[1971] 1WLR 1578at1595-6and1582.[1964]AC40.Ibidat65-6.Ibidat65.[1971] 1WLR 1996T......