The Representatives of the Island of Grenada and The Hon. John Sanderson, Chief Justice

JurisdictionUK Non-devolved
Judgment Date11 February 1847
Date11 February 1847
CourtPrivy Council

English Reports Citation: 13 E.R. 596

FROM THE ISLAND OF GRENADA.

In the Matter of The Representatives of the Island of Grenada and The Hon. John Sanderson, Chief Justice. 1

Mews' Dig. tit. Colony, I. General Principles, 4. Judges and Courts; tit. Public Officer, A. Judcial Capacity, 1. Judges, e. Amotion. For cases of similar references to the Privy Council by the Secretary of State, see Smith v. Sierra Leone (Justices of), 1841, 3 Moo. P.C. 361; In re Bedard, 1849, 7 Moo. P.C. 23; D'Allain v. Le Breton, 1857, 11 Moo. P.C. 64; Bahama Islands (In the matter of a Special Reference from), (1893), A.C. 138; and cf. M'Leod v. St Aubyn (1899), A.C. 549. As to no judgment being delivered in the case of special references (6 moo. P.C. 42), cf. Willis v. Gipps, 1846, 5 Moo. P.C. 392; Montagu v. Van Dieman's Land (Lieutenant-Governor of), 1849, 6 Moo. P.C. 499; Rainy v. Sierra Leone (Justices of), 1852-53, 8 Moo. P.C. at p. 63; Jersey In re the States of), 1853, 9 Moo. P.C. 262; In re Pollard, 1868, 5 Moo. P.C. (N.S.), 130; in re Bahama Islands (1893), A.C. 148.

[38] FROM THE ISLAND OF GRENADA. In the Matter of the representatives of the island of grenada and the hon. john sanderson, chief justice * [Feb. 9, 10, and 11, 1847]. On a Memorial, presented to the Queen in Council, by the House of Assembly of the Island of Grenada, complaining of the judicial conduct of the Chief Justice of that Island, as illegal and oppressive; being refered to the Judicial Committee of the Privy Council; it appeared from the evidence, that during the fourteen years in which the Chief Justice had held office, he had displayed on the Bench, several instances of intemperate, and in some cases illegal, conduct, but these acts were committed many years before the presentation of * Present: Lord Brougham, Lord Lang-dale, Lord Campbell, and the Right Hon. T. Pemberton Leigh. 596 GRENADA (REPRESENTATIVES, ETC., of) V. SANDERSON [1847] VI MOORE, 39 the Memorial, without any complaint at the time of the Chief Justice's misconduct ; the only act of recent date complained of, being the fining of two Magistrates for taking depositions in the third instead of the first person. In these circumstances, the Judicial Committee reported to the Crown, that, having regard to the length of time which had elapsed since all the acts complained of, except that of fining the Magistrates, (which, though erroneous and improper, had been committed by -the Chief Justice in the execution of his duty,) they...

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3 cases
  • Re Justice Elzear Berard
    • United Kingdom
    • Privy Council
    • 2 Julio 1849
    ... ... : Lord Brougham, Lord Langdale, the Right Hon. Dr. Lushington, and the Right Hon. T. Pemberton ... our district of Montreal, next after our Chief Justice thereof, and before the Honourable ... The Attorney-General (Sir John Jervis), and the Solicitor-General (Sir John ... ...
  • Adolphus John D'allain, - Petitioner; Sir Thomas Le Breton, Knt., -
    • United Kingdom
    • Privy Council
    • 17 Febrero 1857
    ... ... [64] ON PETITION FROM THE ISLAND OF JERSEY. ADOLPHUS JOHN D'ALLAIN,-Petitioner; ... against the Bailiff, Present: The Right Hon. Dr. Lushington, the Right Hon. T. Pemberton ... , in his plea " That he was named by the Chief Magistrate to the place of Advocate, that he was ... on is insufficient for the purposes of justice.-[Dr. Lushington : This petition is referred to ... ...
  • John Joseph Quane, - Appellant; Mary Ann Quane, - Respondent
    • United Kingdom
    • Privy Council
    • 14 Junio 1852
    ... ... two Deemsters and Twenty-four Keys of the Island, on the 24th of June, 1594, and was by them ... than two * Present: Lord Cranworth, Lord Justice Knight Bruce, the Right Hon. Dr. Lushington, the ... in question is elaborately treated by Lord Chief Justice Tindal. The following authorities upon ... ...

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