nding all the while, after the manner of a counsel at the
bar. In the course of his remarks, which occupied nearly an hour in
delivery, he expressed himself in very positive terms as to the
constitution of the Court. He declared it to be his decided opinion that
the Court could not be legally held without the presence of the Chief
Justice and two puisne Judges; that everything which had theretofore
been done in the Court by two Judges only was null and void; that the
Lieutenant-Governor had no authority to grant leave of absence to a
Judge without the express approbation of the Executive Council; that he
(Judge Willis) had made enquiry at the office of the Executive Council,
and had found that leave had always been granted by the
Lieutenant-Governor alone, in pursuance of which leave Chief Justice
Campbell was now absent from the Province. The manner in which the leave
of absence to the Chief Justice, as well as to many other persons
holding situations under the Provincial Government, had been granted by
the Lieutenant-Governor, was pronounced to be, in Judge Willis's
opinion, not only irregular but illegal, whereby the incumbents had
forfeited their several offices. During the preceding Term an order of
the Court had been passed by Judge Sherwood and himself. That order he
now rescinded, so far as his authority was concerned, and he expressed
his regret that he had entered upon the discharge of his judicial
functions without having previously acquainted himself with the state of
the law. He added that he had felt it to be his imperative duty to
declare his opinion as to the incapacity of the Court to legally proceed
with the business before it; and that, holding that opinion, he had
resolved to decline to sit any longer upon the bench, though he would
remain at hand to attend to any functions which he could legally
discharge.

This extraordinary address, it may be presumed, was not altogether a
surprise to Justice Sherwood, as Justice Willis had previously notified
the Lieutenant-Governor of his intention to give currency to his views
at the commencement of Term, and Sir Peregrine would be certain to
discuss the matter with the Attorney-General, through which medium the
facts would be tolerably sure to find their way to Justice Sherwood. The
latter seemed to take the matter very coolly. He informed the bar that
he would not take upon himself to pronounce an opinion on the subject of
the constitution of the Court, as th