Bench of Upper Canada."
It seems probable that the suggestion emanated from Dr. Baldwin.
[107] 34 Geo. III., c. 2. This statute was framed by the Hon. William
Osgoode, first Chief Justice of Upper Canada, a gentleman of great
learning, who had been sent out from England for the express purpose of
organizing the Courts of the Province.
[108] 2 Geo. IV., c. 1.
[109] See pp. 249-267 of the Imperial Government's blue book on the
subject, _ubi supra_.
[110] The notification was dated the 26th of June, whereas the formal
document issued by the Council was not signed until the 27th. Mr. Willis
attached a good deal of weight to this irregularity, which however was
of less importance than might at first sight be supposed. The Council
had fully made up their minds on the 26th, and the notification was
despatched accordingly, though the order of amotion was not actually
ready for signature until the day following.
[111] The well-known author, who was then in Canada as representative of
the Canada Land Company.
[112] "Cabot," in _Blackwood's Magazine_ for September, 1829.
[113] See despatch marked "Separate," from Major-General Sir Peregrine
Maitland to Mr. Secretary Huskisson, dated 6th July, 1828.
[114] His reply will be matter of surprise to the staid and
decorously-attired judges of the present day. "On all ordinary
occasions," he wrote, "I usually wore a _black velvet coat and
waistcoat_. The first time I saw the Chief Justice he had on a black
kalimanco or camlet jacket, which I have seen him wear even on the
bench. I have met the Lieutenant-Governor frequently walking through the
streets with an olive-coloured square-cut velveteen jacket and
waistcoat; and a few days before I left York I beheld Mr. Justice
Sherwood in a grass-green cloth jacket with white metal buttons. I
merely mention these 'extravagancies' to show that my dress was neither
improper nor extraordinary."--See the _Narrative_, ubi supra.
[115] See Hansard's _Parliamentary Debates_, N. S., Vol. xxiv., 551-555.
[116] Some further particulars may be found in 8 Bingham, 376; also in 5
C. & P., 342.
[117] See the case of John Walpole Willis, Appellant, _versus_ Sir
George Gipps, Knt., Respondent, 5 Moore's Reports of Privy Council
Cases, 379. From an _obiter dictum_ of one of the judges in the case it
would appear that the order of amotion from the bench of this Province
was finally set aside on technical grounds, owing to the appellant's n
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