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The requisite notice not having been given, the omission was held to vacate the order of amotion, and judgment was rendered accordingly. There is a covert irony in the portion of Judge Willis's Narrative which refers to this subject.
The case of Judge Thorpe was exhumed from the dust of twenty years, and the amoval of Judge Willis was believed to be a mere re-enactment of that forgotten iniquity. As for Judge Willis himself, he determined to proceed at once to England to present his side or his case, in the form of an appeal from the order of amotion, at the Colonial Office.
While officiating in that capacity he came into conflict with Sir George Gipps, Governor of the Colony, and the Executive Council, by whom he was once more "amoved" from office. The order of amotion, which was made on the 17th of June, 1843, was however reversed by the Imperial Privy Council for irregularity.
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. The well-known author, who was then in Canada as representative of the Canada Land Company. "Cabot," in Blackwood's Magazine for September, 1829.
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 not having been heard in Canada.
And We do further, by these presents, for Us, Our Heirs and Successors, will, ordain and grant, that the said College shall consist of one Principal, of such and so many Professors in the various Arts and Faculties as from time to time may be judged necessary and expedient by the said Governors, and of Fellows, Tutors and Scholars, in such numbers and at such Salaries, and subject to such provisions, rules and regulations as shall be appointed by the Statutes, Rules and Ordinances of the said College; that save and except for the purposes hereinafter specially mentioned and excepted, three of the said Governors shall be a sufficient number to be present at any meeting for the transaction of the ordinary business of the said College; that the determination of all questions, matters and things submitted to the said Governors at their meetings shall be made by the votes of the majority of those present, including the vote of the Governor presiding at such meeting, who shall have a double or casting vote in the case of an equality of votes thereat; that the President or Principal for the time being of the said Royal Institution, in all cases when present, shall preside at the said meetings, and in his absence the member of the said Royal Institution first or senior in order of appointment of those present at the meeting, shall preside thereat; that the Principal and all the Professors of the said College shall from time to time be elected by the said Governors or the major part of them present at a meeting specially convened and holden for the purpose of such election, and shall and may hold their respective offices subject to the right and power of a motion by the said Governors for the time being, at a meeting specially convened and holden for the said purpose; provided always that no less than five of the said Governors shall be present at every such special meeting for the purpose of election or amotion, and that special notice in writing of the time, place and object of every special meeting, by the Secretary of the said College, addressed to each of the said Governors, shall have been delivered by the said Secretary into the Post Office of the said City of Montreal at least fifteen days before the time appointed for such meeting; that within forty-eight hours after every such election or amotion, notice thereof in writing, sealed with the College Seal, signed by the Secretary of the said College or in his absence by the Governor who shall have presided at the meeting whereat such election or amotion shall have been voted, and addressed to Our Visitor of the said College hereinafter mentioned, for the time being, shall be delivered into the Post Office of the said City of Montreal; that every such election or amotion shall be subject to the review of Our said Visitor, whose determination thereon being signified in writing to the said Governors within sixty days after such delivery as aforesaid at the said Post Office of the City of Montreal, of the said notice of such election or amotion, shall be final and conclusive, unless the same by any order or orders to be by Us, Our Heirs or Successors made in Our or Their Privy Council shall be altered, revoked or disallowed as hereinafter is provided; that during the said last-mentioned period of sixty days the said election or amotion, as the case may be, shall have no force or effect; and that failing such signification within the said last-mentioned period, such election or amotion shall be and be held and taken to be by him approved and confirmed;
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