Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Ex parte John Anderson Robertson

State Trials Cited authorities 11 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date14 June 1858
Date14 June 1858
CourtState Trial Proceedings
22 Geo. 3. c. 75. The Colonial Leave of Absence Act,1782
54 Geo. 3. c. 61. Public Officers : Colonies
18 & 19 Vict. c. 54. The New South Wales Constitution Act, 1855
Ex parte JOHN ANDERSON ROBERTSON. In re THE GOVERNOR-GENERAL AND EXECUTIVE COUNCIL OF NEW SOUTH WALES. PROCEEDINGS BEFORE THE JUDICIAL COMMITTEE OF HER MAJESTYS PRIVY COUNCIL ON THE 21ST JULY 1857,() AND 14TH OF JUNE 1858.(2) Reported in 11 Moo. P.C. 288. Petition to the Judicial Committee to rescind leave to appeal, pursuant to 22 Geo. 3. c. 75., from an order made by the Governor and Council of New South Wales, amoving the petitioner from the office of Commissioner of Works in the colony. 22 Geo. 3. c. 75. empowered the Governor and Council of a colony to amove the holders of patent offices in the colony subject to the right of appeal to the Queen in Council. The office in question was created by a Colonial Act providing that the appointment should be made by warrant under the hand and seal of the Governor, to continue during his pleasure. The petitioner was appointed under the Great Seal of the colony. Held by the Judicial Committee, rescinding the leave to appeal-- Amotion-22 Geo. 8. c. 75. Tenure during the pleasure of the Governor. That 22 Geo. 3. c. 75. did not apply to an office created by a Colonial Act providing that it should be held during the pleasure of the Governor. That dismissal from an office not within 22 Geo. 3. c. 75. was not an appealable grievance by itself. (1) Present at the haring of the petition for leave to appeal : The Right Hon. Dr. Lushington, Knight Bruce, L.J., Sir Edward Ryan, Turner, L.J., Sir John Dodson, Sir William H. Maule. () Present on the petition to dismiss the order granting leave to appeal: The Lord President (the Marquis of Salisbury), the Right Hon. Dr. Lushington, Knight Bruce, L.J., T. Pemberton Leigh (afterwards Lord Kingsdown), Turner, L.J., and Sir John T. Coleridge. This was a petition to the Queen in Council, praying for leave to appeal against an order made by the G-overnorGeneral and Executive Council of New South Wales amoving one Robertson, the petitioner, from the office of Commissioner of Crown Lands in New South Wales. The petition, which was referred to the Judicial Committee, raised the question whether the petioner was entitled to appeal to the Queen in Council under 22 Geo. 3. c. 75. (a) That statute, after (a) This statute is commonly known as Burkes Act, but originated with Lord ShelWarne, who brought in the bill and carried it through the House of Lords. (Fitzmaurice, Life of Lord Shelburne, vol. 3, p. 337.) It appears from the preamble to have been primarily directed against " the practice of granting offices in H.M. colonies and plantations in the West Indies to persons resident and intending to reside in Great Britain, in consequence whereof such offices were executed by deputy, and have often been farmed out to the best bidder." Places granted not by patent, but by warrant or commission, didenacting that no office in any colony or plantation shall be granted by patent except during such time as the officer shall discharge the duty in person and behave well therein, provides that " if any person or persons holding such office shall . . . neglect the duty of such office, or otherwise misbehave therein, it shall be lawful for the Governor and Council to amove such persons from every or any such office. " In case any person or persons so (as herein provided) amoved, shall think himself or not come within the words of the Act ; and its provisions were further evaded by the patentees obtaining permanent leave of absence from the colonial Governors and Councils. See the debates in Hans., vol. 27, on the Amending Act of 54 Geo. 3. c. 61., which extended the provisions of the former Act to offices granted by commission under the sign manual or other warrant or instrument, and placed restrictions on the powers of the Governors and Councils of colonies to grant leave of absence. 54 Geo. 3. c. 61. was repealed by the Colonial -Officers (Leave of Absence) Act, 1894, 57 & 58 Viet. c. 17. 1087] Ex parte John Anderson Robertson, 1857-8. [1068 themselves aggrieved thereby, it shall and may be lawful for the person or persons so aggrieved to appeal therefrom as in other cases of appeal from such colony or plantation, whereon such emotion shall be finally adjudged of and deter minel before His Majesty in Council." The petition set forth that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT