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Updated: June 27, 2025
Moreover, they decided as to who should fill the vacant offices, and asked the governor to appoint Mr. Justice Carter to the position of chief-justice and to offer a puisne judgeship to the attorney-general, Mr. Wilmot, and if he refused it to the solicitor-general, Mr. Kinnear. Mr. Wilmot accepted, and thus brought his political career to an end.
In 1874 I was offered by Lord Cairns the honour of a judgeship, which I respectfully declined. It was no hope of mine to step into a puisne judgeship, or, for the matter of that, any other judicial position. I was contented with my work and with my career.
'Suppose a rural dean to be unfrocked, does he fall to be a major? suppose a captain were cashiered, would he fall to be a puisne judge? The ignorance of your middle class surprises me.
Soon after the Advocate's removal to York, and not long before the opening of the Legislature, the Honourable D'Arcy Boulton, one of the puisne judges, laid himself open to attack by conduct of the most reprehensible kind.
"In the first place," he said, "I shall at once direct that the number be increased to seven; this fine one in the centre, and three on each side, gradually diminishing in size. We must look to quality, and not to weight, for the six puisne judges, as we should call them in the courts.
The latter, however, had but few weeks to enjoy his new position, dying in November of the same year, and leaving another vacancy on the bench to be filled. Again, as before, the Hon. Mr. Smith declined to go on the bench, and the Hon. John W. Weldon, who had been a long time a member of former legislatures, and was at one time Speaker, was appointed to the puisne judgeship, and the Hon.
Since that time not a copy has been sold with my knowledge or permission, but long ere that the pamphlet had received a very complete legal vindication. For while it circulated untouched in England, a prosecution was attempted against it in New South Wales, but was put an end to by an eloquent and luminous judgment by the senior puisne judge of the Supreme Court, Mr.
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.
A letter from one of the puisne lords of the Admiralty was read publicly on board the "Prince George," flagship of Sir William Parker, the same who had the controversy with Nelson about the Battle of St. Vincent, denouncing Lord St. Vincent in no very gentle terms for having sent so young a flag-officer.
"Whereas it appears to the legislature, by the records of the Council of Appointment, that Aaron Burr, Esq., one of the senators for this state in the Senate of the United States, was, on the 2d day of October last, appointed one of the puisne justices of the Supreme Court of Judicature of this state: Thereupon,
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