Horace Hearne
Encyclopedia
Sir Hector Horace Hearne (23 February 1892–31 December 1962) was a Judge.
Hearne was born in 1892, the son of Samuel Hearne and Edith (née Butterfield). He joined the Colonial Service
as an Assistant District Commissioner, in Uganda
in 1916.
, Kenya
(1951–1954); Chief Justice
, Jamaica
(1945-1950/1951); Puisne Judge
, Ceylon (1937–1944); Puisne Judge, Tanganyika
Territory (1934-1936/1937); Barrister.
He was called to the Bar
by Lincoln's Inn
on 24 June 1925, never practising as a barrister
, although he first appeared in the Law List in 1926.
After holding the appointments of first class Magistrate
, District Magistrate, Senior Magistrate and Acting Puisne Judge, Hearne was appointed as a Puisne Judge (High Court Judge), Tanganyika
Territory (East Africa) in 1933/1934, where he acted as Chief Justice
in 1935 and 1936.
In 1936/1937, he was appointed a Puisne Judge in Ceylon, and sat in the Supreme Court
in Colombo
. He stayed there for most of the Second World War
.
As a Puisne Judge of the Supreme Court
of Ceylon, the judgments of Mr Justice Hearne were subject to at least two appeals to the Privy Council
in London
. The reported cases appear in the English law reports. They are: Abdul Hameed Sitti Kadija v De Saram [1946] AC 208 and Vander Poorten v Settlement Officer [1946] AC 271. The former case concerned construction of a will; the latter concerned the Waste Lands Ordinance, No 1 of 1897, ss 18, 20. The second case is probably of historical interest only; the first may conceivably still be a relevant authority (i.e. part of English caselaw). In the first case, Hearne J (as he is cited in the law reports) was one of the majority in the Supreme Court which made the decision which was appealed to the Privy Council. A fellow High Court Judge
dissented; and the Privy Council
upheld the dissenter, thus finding that Hearne J and his colleagues were in error. The second appeal was also allowed, another finding that Hearne J and his colleagues had erred.
He became Chief Justice
and Keeper of the Records in Jamaica
, British West Indies
, and sat in the Supreme Court
, Kingston
between 1945 and 1950/1951.
Hearne was created a Knight
in 1946, for services to the Crown
during the Mau Mau Uprising
and was known thereafter as Sir Hector. Unlike a number of his fellow judges, he was never made King's (or Queen's) Counsel. He was an honorary Judge in the Queen's Bench Division.
In 1951, Hearne became Chief Justice
in Kenya
and sat in the Supreme Court
, Nairobi
).
Hearne was escorting the Princess Elizabeth
to a dinner at the Tree Tops Safari Hotel
in Kenya
on the night her father, King George VI
, died and she became Queen Elizabeth II. She returned immediately to the UK, escorted by Hearne.
Horace held the position of Chief Justice
in Kenya
until 1954 when he became an Appeal Justice of the West African Court of Appeal, a position he held between 1954 and 1955. He was Acting President of the West African Court of Appeal in 1958.
Horace's speciality was Roman Law
. Horace's last entry in the Law List as a barrister
was 1963. (It is indicated at the head of the list for that year that non-subscribing barristers will not be included in the list except by application).
Hearne was born in 1892, the son of Samuel Hearne and Edith (née Butterfield). He joined the Colonial Service
Colonial Service
The Colonial Service was the British government service which administered Britain's colonies and protectorates, under the authority of the Secretary of State for the Colonies and the Colonial Office in London....
as an Assistant District Commissioner, in Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
in 1916.
Career
Appeal Justice, the West African Court of Appeal (1954–1955); Chief JusticeChief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
, Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
(1951–1954); Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
, Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
(1945-1950/1951); Puisne Judge
Puisne
Puisne is a legal term of art used mainly in British English meaning "inferior in rank." It is pronounced like the word puny, and the word, so spelled, has become an ordinary adjective meaning weak or undersized.The judges and barons of the common law courts at...
, Ceylon (1937–1944); Puisne Judge, Tanganyika
Tanganyika
Tanganyika , later formally the Republic of Tanganyika, was a sovereign state in East Africa from 1961 to 1964. It was situated between the Indian Ocean and the African Great Lakes of Lake Victoria, Lake Malawi and Lake Tanganyika...
Territory (1934-1936/1937); Barrister.
He was called to the Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
by Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
on 24 June 1925, never practising as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, although he first appeared in the Law List in 1926.
After holding the appointments of first class Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
, District Magistrate, Senior Magistrate and Acting Puisne Judge, Hearne was appointed as a Puisne Judge (High Court Judge), Tanganyika
Tanganyika
Tanganyika , later formally the Republic of Tanganyika, was a sovereign state in East Africa from 1961 to 1964. It was situated between the Indian Ocean and the African Great Lakes of Lake Victoria, Lake Malawi and Lake Tanganyika...
Territory (East Africa) in 1933/1934, where he acted as Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
in 1935 and 1936.
In 1936/1937, he was appointed a Puisne Judge in Ceylon, and sat in the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in Colombo
Colombo
Colombo is the largest city of Sri Lanka. It is located on the west coast of the island and adjacent to Sri Jayawardenapura Kotte, the capital of Sri Lanka. Colombo is often referred to as the capital of the country, since Sri Jayawardenapura Kotte is a satellite city of Colombo...
. He stayed there for most of the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
As a Puisne Judge of the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of Ceylon, the judgments of Mr Justice Hearne were subject to at least two appeals to the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. The reported cases appear in the English law reports. They are: Abdul Hameed Sitti Kadija v De Saram [1946] AC 208 and Vander Poorten v Settlement Officer [1946] AC 271. The former case concerned construction of a will; the latter concerned the Waste Lands Ordinance, No 1 of 1897, ss 18, 20. The second case is probably of historical interest only; the first may conceivably still be a relevant authority (i.e. part of English caselaw). In the first case, Hearne J (as he is cited in the law reports) was one of the majority in the Supreme Court which made the decision which was appealed to the Privy Council. A fellow High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
dissented; and the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
upheld the dissenter, thus finding that Hearne J and his colleagues were in error. The second appeal was also allowed, another finding that Hearne J and his colleagues had erred.
He became Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and Keeper of the Records in Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
, British West Indies
British West Indies
The British West Indies was a term used to describe the islands in and around the Caribbean that were part of the British Empire The term was sometimes used to include British Honduras and British Guiana, even though these territories are not geographically part of the Caribbean...
, and sat in the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, Kingston
Kingston, Jamaica
Kingston is the capital and largest city of Jamaica, located on the southeastern coast of the island. It faces a natural harbour protected by the Palisadoes, a long sand spit which connects the town of Port Royal and the Norman Manley International Airport to the rest of the island...
between 1945 and 1950/1951.
Hearne was created a Knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
in 1946, for services to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
during the Mau Mau Uprising
Mau Mau Uprising
The Mau Mau Uprising was a military conflict that took place in Kenya between 1952 and 1960...
and was known thereafter as Sir Hector. Unlike a number of his fellow judges, he was never made King's (or Queen's) Counsel. He was an honorary Judge in the Queen's Bench Division.
In 1951, Hearne became Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
and sat in the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, Nairobi
Nairobi
Nairobi is the capital and largest city of Kenya. The city and its surrounding area also forms the Nairobi County. The name "Nairobi" comes from the Maasai phrase Enkare Nyirobi, which translates to "the place of cool waters". However, it is popularly known as the "Green City in the Sun" and is...
).
Hearne was escorting the Princess Elizabeth
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
to a dinner at the Tree Tops Safari Hotel
Treetops Hotel
Treetops Hotel is a hotel in Aberdare National Park in Kenya near the township of Nyeri, 1,966 m above sea level on the Aberdare Range and in sight of Mount Kenya...
in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
on the night her father, King George VI
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
, died and she became Queen Elizabeth II. She returned immediately to the UK, escorted by Hearne.
Horace held the position of Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
until 1954 when he became an Appeal Justice of the West African Court of Appeal, a position he held between 1954 and 1955. He was Acting President of the West African Court of Appeal in 1958.
Horace's speciality was Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
. Horace's last entry in the Law List as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
was 1963. (It is indicated at the head of the list for that year that non-subscribing barristers will not be included in the list except by application).