HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0137 and id is 1 raw text is: ADAM (IN Pig) [1837] IMOE 5
Mr. Burge, K.C.-Now moved to rescind the order of the Chief Justice of the
Supreme Court, on the ground of irregularity, it having been made without any
evidence to warrant the act of suspension, or to support the statements contained in
the order. He contended that the Chief Justice, if he took any course, ought to have
refused the privilege from arrest; that allowing that, was in direct variance with
the order for suspension; that the same was made without any legal or equitable
grounds, no affidavit having been made of the facts stated in it, and was an extra-
judicial and oppressive act.
[459] Lord Wynford.-If the petitioner was not entitled to his privilege as a
bona fide practising attorney at the time of the arrest, he certainly ought not to have
been protected; but he certainly ought not to have been suspended, for that debars
him from obtaining any practice. Their Lordships are of opinion that the prayer
of the petitioner must be granted, and the order suspending him from practising
as an attorney of the Supreme Court of Judicature in Prince Edward's Island (see
Re Justices of Antigua, 1 Knapp, 267) rescinded, but without costs.
[Mews' Dig. tit. BARRISTER, 6. Misconduct of Counsel. The relevant authorities
are collected in the note to Antigua (Justices of) In re, 1830, 1 Knapp, 269.
See also Smith v. Sierra Leone (Justices of), 1848, 7 Moo. P.C. at p. 175. As to
appeals from Prince Edward's Island, see note to In re Cambridge, 1841, 3
Moo. P.C. 176.]
[460] ON PETITION FROM THE ISLAND OF MAURITIUS.
in 'e HENRY ADAM* [July 4, 1837].
The status of a party resident in the Mauritius must be determined by the laws
of England, but the rights and liabilities incidental to such status must be
determined by the law of the colony. By the 13th art. of the Code Civil
(which prevailed in the Mauritius previous to its surrender to the British
Crown), the domicile of an alien can only be obtained par Vautorisation,
du Couvernement, which, according to the law and practice in France, is
an express and formal authority of the Government, and not merely a tacit
or permissive acquiescence, for the residence of an alien friend in the Island
[1 Moo. P.C. 472, 473, 475, 476].
Where, therefore, an alien friend had, by an order of the Governor and Colonial
Council, been deported, and directed to quit the Island within a month; it
was held by the Judicial Committee, to whom the case was referred by the
Crown that such order was consistent with the law of France, and strictly
legal, notwithstanding that it appeared that the party so deported, had en-
joyed the privileges, and exercised the rights of a person duly domiciled in
the Island [1 Moo. P.C. 476].
This case came on to be heard before the Judicial Committee upon a petition of
complaint presented to His Majesty in Council by Henry Adam, late of the Island
of Mauritius.
By this petition Mr. Adam complained that he had been unlawfully banished
from the Mauritius by the Governor and Council of that island, and prayed that
their decree might be reversed, and that compensation might be awarded to him
for the wrong and suffering which had been inflicted upon him.
The petition alleged that Mr. Adam, being a native of France, had, in the year
1817, gone over to the Mauritius, with the intent of permanently settling in that
colony, and had with that view made large purchases of land there, and engaged
extensively in cultivation and -export of its produce; that he continued to reside
in the island until he was forcibly [461] removed from it by order of the Governor
* Present :-Lord Lyndhurst, Lord Brougham, Mr. Justice Bosanquet, and the
Chief Judge of the Court of Bankruptcy [The Hon. Thomas Erskine].
889
I MOORE, 459](ViewImageLocal?handle=hein.slavery/ssactsengr0137&div=1&collection=&method=preview&ext=.png&size=3)