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Re Justice Elzear Berard

State Trials Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date02 July 1849
Date02 July 1849
CourtState Trial Proceedings
31 Hen. 8. c. 10. Precedence in the House of Lords
59 Geo. 3. c. 69. Foreign Enlistment Act, 1819
33 & 34 Vict. c. 90. Foreign Enlistment Act, 1870
In re BEDARD. PROCEEDINGS BEFORE THE JUDICIAL COMMITTEE (a) OF THE PRIVY COUNCIL, ON PETITION FROM CANADA, IN RE JUSTICE ELZ EAR BEDARD, JULY 2ND, 1849. (Reported in 7 Moo. P.C. 23.) Prerogative Grant of Precedence. Mr. Justice Bedard, having been appointed one of the judges of the Court of Queens Bench for the district of Quebec, in the province of Lower Canada, by commission dated February 22nd, 1836, received a new commission dated April 26th, 1848, appointing him one of the judges of the Court of Queens Bench for the district of Montreal in the same province, with grant of precedence according to the date of his original commission. The other judges of the Court at Montreal haying disallowed this precedence, he appealed to Her Majesty, by whom the question was referred to the Judicial Committee, who held that the grant of precedence by the Crown was good. (a) Present : Lord Brougham, Lord Langdale, Dr. Lushington, and Mr. Pemberton Leigh (afterwards Lord Kingsdown). Mr. Justice Blzear Bedard, one of the puisne judges for the Court of Queens Bench for the district of Montreal in the province of Lower Canada, presented a petition to Her Majesty complaining of a rule, determination or order of the other judges of that Court, refusing him the right of precedence over Mr. Justice Day and Mr. Justice Smith, the other puisne judges of that Court, as granted by the terms of his commission. The petition set forth that the petitioner was appointed, on the 22nd of February, 1836, one of the justices of the Court of Kings Bench for the district of Quebec, in the province of Lower Canada, by letters patent and commission under the Great Seal of the province, subsequently sanctioned by warrant under the royal sign manual and seal of his late Majesty William the Fourth ; that, under local statutes, the province of Lower Canada was divided into five districts, having each its Court of Kings Bench ; that when sitting temporarily under local statutes in the Courts of other districts, and also in the Court of Appeals for Lower Canada, the petitioner had taken precedence among the judges of the province accord- ing to the date of his commission. That on the 26th of April 1848, at the city of Montreal, letters patent and a commission under the Great Seal of the province were issued, appointing the petitioner one of the...

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