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Unreported Judicial Decisions of the Privy Council, on Appeal from the Australian Colonies before 1850

Montagu v. Lieutenant Governor, and Executive Council, of Van Diemen's Land [1849]

judge, amoval of

Judicial Committee of the Privy Council, 1849

Appeal from Van Diemen's Land

Reported as Algernon Montagu v. Lieutenant Governor, and Executive Council, of Van Diemen's Land (1849) 6 Moo. P.C. 489; 13 E.R. 773

Source: Minutes of the Judicial Committee, 1845-1853, vol. 3, p. 203 (kept in the office of the Judicial Committee of the Privy Council), 29 June 1849[1]

Present Lord Brougham, the Master of the Rolls, Judge of the Admiralty, Chancellor of the Duchy of Cornwall.

"Read - the humble petition and appeal of Algernon Montagu Esqr. against an Order of the Govnr. and Exve. Council of Van Diemen's Land whereby he was amoved form the Office of Puisne Judge in the Supreme Court of that Colony.

            Their Lordships heard Counsel on both sides."

[p. 205, 2 July 1849, same membership]

"Their Lordships resumed the hearing of Counsel."

[p. 206, 3 July 1849, same membership][2]

"(Reported). Their Lordships heard Counsel to the end of the argument and agreed humbly to report to H.M. as their opinion that the Govr. & Executive Council of Van Diemen's Land had power by law to amove Mr. Montagu from his office of Judge of the Supreme Court of V.D.'s Land under the authority of the 22nd. Geo. III.; that upon the facts appearing before the Govnr. and Council and established before their Lordships in this case there were sufficient grounds for the amotion of Mr. Montagu; that it appears to their Lordships that there was some irregularity in pronouncing an order of amotion when Mr. Montagu had only been called upon to show cause against an order for suspension, but in as much as it does not appear to their Lordships that Mr. Montagu has sustained any prejudice by such irregularity their Lordships cannot recommend a reversal of the order for amotion."

Notes

[1]         There is no decision listed in Printed Cases in Indian & Colonial Appeals Heard in 1849, vol. 45 (kept in the office of the Judicial Committee of the Privy Council).

The Appeal Book 1837-1876 (kept in the office of the Judicial Committee of the Privy Council) includes the following:

Whence 1849 VDL

Parties Algernon Montagu Esq vs. the Govnr & Council of VDL

lodged 9/2/49

Reference refd by genl order of 1/11/48

Report 3/7/49

Approval 18/7/49

Solcrs Withall 7 Parlt Sq

Taylor & Collison 28 Gt James St, Bedford Row for the Lt Gov & EC 10/2/49

[2]         The report as follows is as in 13 E.R. 777 except at the beginning.

 

Published by the Division of Law, Macquarie University