[11] John Beverley Robinson was the son of Christopher Robinson
mentioned above.
[12] The same rule obtained in Lower Canada; (1827) re Joseph Fisher,
1 Stuart's L. C. Rep. 245.
[13] This is the Act (1833), 3 Will IV, c. 7 (U. C.). This statute
came forward as cap. 96 in the _Consolidated Statutes of Upper
Canada_, 1859, but was repealed by an Act of (United) Canada (1860),
23 Vic. c. 91 (Can.).
The Act of 1833 was drawn by Chief Justice Robinson and introduced by
him into the Legislative Council of which he was Speaker--it was a
"Government measure." Notice of bringing in the bill was given
November 28, 1832; the bill brought in November 30; read the second
time December 3 passed the committee of the whole on the fourth of
December and was finally passed by the Council the following day. It
reached the Legislative Assembly the same day where it was passed
without opposition and received the Royal Assent February 13, 1833.
[14] At the meeting were present His Excellency Sir John Colborne, K.
C. B. Lieutenant Governor, the Hon. and Rev. John Strachan, D.D.,
Archdeacon of York, the Honorable Peter Robinson, the Honorable George
Herchmer Markland, the Honorable Joseph Fells, and the Honorable John
Elmsley. The Executive Council at that time was very much under the
influence of the Chief Justice and Dr. Strachan, then Archdeacon
afterwards the first Anglican Bishop of York or Toronto.
[15] Robert Sympson Jameson an English barrister of the Middle Temple,
a familiar friend of Coleridge and Southey and the husband of Anna
Jameson of some literary note.
The report is from the _Canadian Archives, State J._, p. 137.
[16] The Executive Council on September 7th 1837 recommended his
extradition. The following is a copy of the Proceedings:
EXECUTIVE COUNCIL CHAMBER AT TORONTO Thursday 7th September 1837
REQUISITION FOR SOLOMON MOSELY
Read the Requisition of the Governor of the State of Kentucky and
other documents relating to the surrender of Solomon Mosely a
fugitive from the State of Kentucky charged with Horse stealing.
Read also the Attorney General opinion thereon as follows:
ATTORNEY GENERAL'S OFFICE
TORONTO 6th September 1837
_Sir_,
I have the honor to report that in my opinion there is sufficient
proof of the guilt of Solomon alias John Mosely a fugitive from
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