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![handle is hein.slavery/ssactsengr0232 and id is 1 raw text is: M'TURK V. DOUGLAS [1849]
which he could have alleged against amotion. The common-law Courts will not
award a mandamus to a Corporation, to restore a party to a corporate office, where
his removal has been defective in form, the only effect of which would be to restore
an officer who they would be bound immediately to remove in a more formal
manner. The King v. Griffiths (5 B. and Ald. 731). The King v. The Mayor, etc.,
of London (2 Term. Rep. 177). Rex v. Gaskin (8 Term. Rep. 209). The Queen
v. Sinitl (5 Q.B. Rep. 614). The Queen v. The Governors of Darlington. School
(6 Q.B. Rep. 682). Substantial jus-[499]-tice has been done to him. The case of
Willis v. Sir G. Gipps is distinguishable from the present; there Mr. Justice Willis
had no opportunity of making his defence, which was not so in the present case.
Mr. Teed, Q.C., in reply.
Lord Brougham.-Their Lordships have agreed upon the report they will make
to the Queen: they do not state their reasons in these cases.
The report of their Lordships to Her Majesty, was as follows:-
The Lords of the Committee have taken the said Petition and Appeal into
consideration, and having heard counsel on behalf of Mr. Montagu and likewise
on behalf of the Governor-General of Van Dieman's Land, their Lordships agree
humbly to report, to your Majesty, as their opinion, that the Governor and Executive
Council had power, by law, to amove Mr. Montagu from his office of Judge of the
Supreme Court of Van Dieman's Land, under the authority of the 22nd of Geo.
III.; that, upon the facts appearing before the Governor and Executive Council,
as established before their Lordships, in that ease, 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 for amotion, when Mr. Montagu
had been called upon to show cause against an order for suspension; but, inasmuch
as it does not appear to their Lordships, that Mr. Montagu has sustained any
prejudice [500] by such irregularity, their Lordships cannot recommend a reversal
of the order of amotion.
This report was confirmed by an Order in Council, dated the 18th of July,
1849, when it was ordered, that the said petition and appeal be, and the same are,
hereby dismissed this Board.
[Mews' Dig. 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 FROM BRITISH GUIANA.
MICHAEL McTURK,-Appellant; The Executor and Representatives of the estate
of COLIN DOUGLAS, senior, deceased,-Respondent * [July 2, 1849].
Parties to an appeal agreed to compromise the same, and that the Appellant
should have paid over to him a certain sum of money, the amount of com-
pensation, in respect of slaves attached to. an estate, the subject of the
appeal. Upon petition, to dismiss the appeal, an order of dismissal made,
containing also an order for the Accountant-General of the Court of Chan-
cery, to pay to the Appellant the compensation-money in question.
This was an application, by the Appellant, upon Petition, to dismiss the appeal,
and for the order of [501] dismissal, to contain an order upon the Accountant-
General in Chancery, to pay over to the petitioner the sum of £2361 13s. 9d., the
amount awarded, as compensation, in respect of certain slaves attached to a
plantation in British Guiana. The petition set forth, that the appeal was brought
from a sentence of the Supreme Court at British Guiana, and was heard by the
Present: Lord Brougham, Lord Langdale, the Right Hon. Dr. Lushington,
and the Right Hon. T. Pemberton Leigh.
P.C. II. 777 25a
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