Re the Justices of the Court of Common Pleas at Antigua

JurisdictionUK Non-devolved
Judgment Date06 April 1830
Date06 April 1830
CourtPrivy Council

English Reports Citation: 12 E.R. 321

BY PETITION FROM ANTIGUA.

In Re the Justices of the Court of Common Pleas at Antigua

Mews' Dig. tit. Barrister: 6 Misconduct of Counsel: Suspension in Colony. Cf. In re Monckton, 1837, 1 Moo. P.C. 455; In re Ramsey, L.R. 3 P.C. 427; 7 Moo. P.C. (N.S.) 263; Smith v. Sierra Leone (J.J.), 1841, 3 Moo. P.C. 361; In re Wallace, 1866, L.R. 1 P.C. 283; In re M'Dermott, 1866, ib. 260; M'Dermott v. British Guiana (J.J.), 1868, L.R. 2 P.C. 341; In re Pollard, 1868, L.R. 2 P.C. 106, 118; Ex parte Renner, 1896, (1897), A.C. 218. It was formerly held that the Judicial Committee had no Jurisdiction to entertain an appeal from Courts of Record in the Colonies inflicting fines for contempt (Rainy v. Sierra Leone (J.J.), 1852-53, 8 Moo. P.C. 47. But contempt is now treated as a criminal matter, and special leave is given in the exercise of the prerogative in criminal cases). Cf. In re Bahama Islands, 1892, (1893), A.C. 138; M'Leod v. St Aubyn (1899), A.C. 549 (where a judge was ordered to pay the costs of appeal to H. M. in Council of a barrister whom he had committed for alleged contempt). The principle on which special leave is given is stated in In re Dillet, 1887, 12, App. Cas. 467, and Carew v. Japan (Crown Prosecutor), (1897), A.C. 719. Cases of the kind may also be referred under 3 and 4 Will. IV. c. 41, s. 4.

[267] BY PETITION FKOM ANTIGUA. In Re The justices of the court op common pleas at Antigua [Dec. 21, 1829, April 6, 1830]. The power of Colonial Courts to prevent advocates who misconduct themselves from practising before them cannot be disputed. The petitioner in this case had been dis-barred by the Justices of the Court of Common Pleas at Antigua for various acts of professional and general misconduct, with which he had been charged by the Attorney-general and several other practising Advocates there. The Advocates at Antigua practise both as Barristers and Attornies. They are admitted to practise in both characters by the Court of Common Pleas there, and afterwards practise in all the other Courts in the Island (see the 3rd Report of the Commissioners on the Administration of Justice in the West Indies, page 26). Previously to the final order for the dis-barring the petitioner the Court had, at the desire of the Colonial Secretary, examined witnesses upon the charges which had been made against him. He petitioned the Privy Council to restore him to the Bar. The Judges presented a memorial in answer to the...

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    ...The principle upon which this rests was well stated by Lord Wynford in 1830 in In re Justices of Court of Common Pleas of Antigua [ (1830) 1 Knapp 267, 268]: “In the colonies there are no Inns of Court, but it is essential for the due administration of justice that some persons should have ......
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