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![handle is hein.slavery/ssactsengr0231 and id is 1 raw text is: MONTAGU V. VAN DIEMAN'S LAND (LIEUT.-GOV. OF) [1849]
the conduct complained of, without charging her husband with any specific acts
during that time. She has, however, pleaded certain specific charges which she has
proved to our satisfaction, and has confined herself to those charges, which, though
she leaves the blank of the two months, during which there might not have been any
ill-treatment; yet that her husband's conduct was likely to have been less cruel during
those two months than formerly, is not a necessary or even probable inference. [489]
In these circumstances, we are of opinion, that the sentence must be affirmed,
and the cause remitted to the Court below, to settle the amount of alimony to be
allowed the wife.
[Mews' Dig. tit. HUSBAND AND WIFE; II. DIVORCE; 5. Bars to: c. Condonation.
S.C. below 6 N. of C. 290.]
ON APPEAL FROM VAN DIEMAN'S LAND.
ALGERNON MONTAGU,-Appellant; THE LIEUTENANT-GOVERNOR, AND
EXECUTIVE COUNCIL, OF VAN DIEMAN'S LAND,-Respondents * [June
29, and July 2 and 3, 1849].
The Governor and Council of a Colony or Plantation have power, under the
Statute, 22nd Geo. III., c. 75, to amove a Judge from his office, for mis-
behaviour or neglect of duty.
Where a Judge availed himself of his judicial office, through an incident con-
nected with the constitution of the Supreme Court in Van Dieman's Land, to
obstruct his creditor from recovering a debt due from him, and, upon an
investigation by the Governor and Council, was found to be involved to a
large extent in bill transactions and pecuniary embarrassment: Held by
the Judicial Committee sufficient to justify the Governor and Council in
removing him from office.
The amotion was made, under an order of the Governor and Council, calling
upon the Judge to show cause why he should not be suspended from office;
Held also, that although there was some irregularity in pronouncing an
order for amotion, when the Judge had only been called upon to show cause
against an order of suspension, yet, that as the facts justified the order of
amotion and the Judge had sustained no prejudice by such irregularity,
the order of amotion ought not to be reversed.
This was a petition and appeal brought by Algernon Montagu, Esquire, against
an order of His Excellency, [490] Sir William Thomas Denison, the Lieutenant-
Governor, and the Executive Council, of Van Dieman's Land, dated the 31st of
December, 1847, whereby the Appellant was amoved from the office of Puisne
Judge of the Supreme Court, in that Colony, made in pursuance and under the
powers conferred on the Lieutenant-Governor and Council, by the Statute, 22nd
Geo. III., c. 75. The appeal was referred by Her Majesty to the Judicial Com-
mittee of the Privy Council. The order of amotion was made under the following
circumstances :-
By Statute, 9th Geo. IV., c. 83, for providing for the administration of justice
in New South Wales and Van Dieman's Land, His Majesty was empowered to erect
and establish Courts of Judicature in New South Wales and Van Dieman's Land,
which were respectively to be called the Supreme Court of New South Wales and
the Supreme Court of Van Dieman's Land. Under this Act, His Majesty, King
William the Fourth, by Letters Patent, dated the 4th of March, in the first year of
his reign, ordained and appointed that there should be within the colony of Van
Dieman's Land, a Supreme Court, to consist of, and be holden by and before, two
* Present: Lord Brougham, Lord Langdale, the Right Hon. Dr. Lushington, and
the Right Hon. T. Pemberton Leigh.
773
VI MOORE, 489](ViewImageLocal?handle=hein.slavery/ssactsengr0231&div=1&collection=&method=preview&ext=.png&size=3)