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Willis v Gipps

State Trials Cited authorities 10 Cited in 3 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date28 July 1846
Date28 July 1846
CourtState Trial Proceedings
22 Geo. 3. c. 75. The Colonial Leave of Absence Act,1782
9 Geo. 4. c. 83. The Australian Courts Act, 1828
WILLIS against GIPPS. JOHN WALPOLE WILLIS AND SIR GEORGE GIPPS, KNT - Appellant. - Respondent. PROCEEDINGS BEFORE THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL ON APPEAL FROM AN ORDER OF A COLONIAL GOVERNOR AND COUNCIL AMOVING A COLONIAL JUDGE FROM OFFICE, JUNE 24 & 25, JULY 28, 1846. (Reported in 5 Moo. P. C. 379.) Complaints having been made to Sir George Gipps, Governor of New South Wales, of the conduct of John Walpole Willis, one of the Judges of the Supreme Court of New South Wales, the Governor laid the complaints before his Executive Council, and after an investigation of the charges, at which Mr. Willis was not present, and of which no notice was given to him, the Governor, with the advice of his Executive Council, amoved him from his office under 22 Geo. 3. c. 75. Mr. Willis appealed to Her Majesty in Council under the same statute. Held by the Judicial Committee- 1. 22 Geo. 3. c. 75. Colonial Judges. That 22 Geo. 3. c. 75., empowering a Colonial Governor and Council to amove the holders of a patent office in the colony, if they should be wilfully absent from the colony, or neglect the duty of such office or otherwise misbehave therein, applies to colonial judges.(a) 2. Amotion of Colonial Judge Absence (f Notice. That no notice of the proceedings or opportunity of answering the charges having been given to the judge, the order of amotion was bad and should be reversed. (a) See as to this statute Montagu v. Governor of Van Diemans Land, 6 Moo. P. C. 489; Robertson v. Gov. Gen. of N. S. W., 11 Moo. II. C. 295; in re Cloete, 8 Moo. 1. C. 484; and as to the powers of the Privy Council see also in re the Representatives (I the Island of Grenada v. Sanderson. 6 Moo. P. C. 38 ; and Memorandum of the Lords of the Council on the removal of Colonial Judges in 6 Moo. P. C., N. S. after p. 348. This was an appeal by John Walpole Willis, late one of Her Majestys Judges of the Supreme Court of New South Wales, and Resident Judge of Port Philip, against an order of amotion from his said offices, made by the Governor and Executive Council under the statute 22 Geo. 3. c. 75., entitled- " An Act to prevent the granting in future of any patent office to be exercised in any colony or plantation now or at any time hereafter belonging to Great Britain, for any longer term than during such time as the grantee thereof, or the person appointed thereto, shall discharge the duty thereof in person, and behave well therein." Which after reciting- " the practice of granting offices in II.M. colonies and plantations in the West Indies to persons resident and intending to reside in Great Britain (in consequence whereof such offices were exercised by deputy, and have often been farmed out to the best bidder) " provides that- " from henceforth no office to be exercised in any colony or plantation now or at any time hereafter belonging to the Crown shall he granted, or grantable by patent, for any longer term than during such time as the grantee thereof, or persons appointed thereto, shall discharge the duties thereof in person, and behave well therein. " If any person or persons holding such office shall be wilfully absent from the colony, or 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 themselves aggrieved thereby, it shall and may be lawful to and for the person or persons so aggrieved to appeal therefrom, as in other cases of appeal, from such colony or plantation, whereon such amotion shall be finally judged of and determined by His Majesty in Council." 313] Willis against Gipp8, 1846. [314 The statute of 9 Geo. 4. c. 83., under The appellant took no steps to procnre which the appellant had been appointed the appearance of the Governor and one of the Judges of the Supreme Court Conned, and the time for...

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3 cases
  • Willis v Gipps
    • United Kingdom
    • Privy Council
    • 8 December 1846
    ...Dig. tit. COLONY, I. GENERAL PRINCIPLES, 4, Judges and Courts; tit. PUBLIC OFFICER, A. JUDICIAL CAPACITY, 1. Judges, e. Amotion. S.C 6 St. Tr. (N.S.) 311. The Statute 22 Geo. III., c. 75, was formerly known as Burke's Act. Under the Short Titles Act, 1896 (59 and 60 Viet. c. 14), its short ......
  • The Representatives of the Island of Grenada and The Hon. John Sanderson, Chief Justice
    • United Kingdom
    • Privy Council
    • 11 February 1847
    ... ... 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), ... ...
  • Algernon Montage, - Appellant; The Lieutenant-Governor, and Executive Council, of Van Dieman's Land, - Respondents
    • United Kingdom
    • Privy Council
    • 3 July 1849
    ... ... 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, ... ...

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