lmas Term, 1827--he had occupied the bench
along with the other two judges. In Hilary Term of 1828 the Court had
been presided over by the same three judges, except that Chief Justice
Campbell had occasionally been absent from his seat in consequence of
infirm health. Immediately after the close of the last-named Term the
Chief Justice, having obtained from the Lieutenant-Governor six months'
leave of absence, departed for England, whence he did not return until
after a long holiday. The Court of King's Bench was thus left with only
the two puisne judges, who accordingly presided by themselves during the
following Easter Term. They had by this time come to dislike each other
most cordially, insomuch that it taxed their powers to the utmost to
treat each other with becoming respect. Sometimes the effort was beyond
their power, and they snapped and snarled at one another upon the bench
like two querulous old women. They now differed in opinion upon almost
every case which came before them, and it is impossible to doubt that
their differences were in large measure due to their personal hostility.
This was a serious matter, for, as no third judge was at hand to give
the preponderance of authority to either side, there was a practical
dead-lock in much of the business of the Court. Suitors were put to
serious delay, inconvenience, and consequent expense. Counsel were
profoundly disgusted, and of course took sides for and against. Judge
Willis was so sensible of the deplorable consequences of such a state of
things that, as soon as Term was over, he entered into a minute and
searching investigation of the constitution and power of the Court of
King's Bench as established in Upper Canada.[106] He was desirous of
finding some way out of the difficulty, or at all events of knowing
precisely upon what ground he stood. But a still more serious evil soon
began to loom up before his mind, for the result of his investigations
was a conviction that the Court could not legally sit in Term, unless
the full court--_i.e._, the Chief Justice and the two puisne
Justices--were present.

This conviction was a momentous one, for, if sustained, it would nullify
much that had been done in the Court ever since its establishment in
1794. The frequent practice had been for two Judges, and sometimes even
for only one, to sit during Term; and, as has been seen, Judge Willis
himself had so far acquiesced in this practice as to sit during a part
of the