Page:The Dictionary of Australasian Biography.djvu/64

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DICTIONARY OF AUSTRALASIAN BIOGRAPHY.

special commission to the Chief Justice directing him to try prisoners. In 1867 the patience of the Judicial Bench, the bar, and the colonists was exhausted. Charges were made against Mr. Justice Boothby of obstructing the administration of justice, and of unseemly conduct on the bench, as exhibited in his demeanour towards his colleagues and towards counsel. These charges were dealt with by the Executive Council under the authority of an Act of George III., the Governor presiding, and the judge was "amoved." The Crown Solicitor, Mr. Wearing, who was afterwards drowned in the wreck of the Gothenburg, in Torres Straits, was appointed to succeed him. Out of all this trouble, observes Mr. J. P. Stow (whose account has been quoted) some benefit accrued to the colony: the amoved judge accurately ruled that, owing to some omission in bringing the new constitution into force, the Legislative itself was invalid, and the defect was remedied by the Imperial Parliament. The repugnancy nuisance was effectually disposed of. Nothing can now be ruled repugnant unless it is so to an Imperial Act specifically applying to the colonies. The last Imperial Validating Statute was of a most comprehensive character. With the above exception no Colonial Act can be ruled invalid after receiving the Queen's assent, or after proclamation that she has not exercised her power of disallowance. The greatest inconvenience and alarm was caused in the year 1865 by the decision of the majority of the judges—namely, Justices Boothby and Gwynne—that the South Australian Legislature had no power to establish Courts of Judicature. This invalidated all the local courts of the colony, they having jurisdiction in civil cases up to £100, and the Insolvency Court. The Imperial Validating Act, however, settled this difficulty, greatly to the relief of suitors in particular, and the public generally. The powers of the Local Court of Appeal were enlarged by an Act of the South Australian Parliament, passed in 1861. This anomalous tribunal, consisting of the Executive, of whom nearly all are laymen, owes its continued existence to the recollection the colonists have of the "repugnancy" and "ultra vires" troubles. Judge Boothby died on June 21st, 1868, whilst on the point of leaving for England to initiate an appeal to the Privy Council.

Boothby, Josiah, C.M.G., fifth son of the late Benjamin Boothby, sometime Judge of the Supreme Court of South Australia, was born at Nottingham on April 8th, 1837. He went to the colony with his father in 1853, and in that year became Clerk in the Colonial Secretary's Office, Clerk in the Audit Office in 1854, Chief Clerk in the Audit Office in 1856, Chief Clerk in the Chief Secretary's Office in 1859, also Government Statist and Superintendent of Census in 1860, Assistant Secretary and Government Statist in 1866, and Under Secretary and Government Statist in 1868. He was elected Corresponding Member of the Statistical Society, London, in 1869; was appointed Trustee of the Savings Bank, South Australia, in 1869; a Commissioner for International Exhibitions in 1872; joint editor of a work "South Australia: its History, Resources, and Productions," published by authority of Government in 1876, and Executive Commissioner representing South Australia at the Paris Universal Exhibition in 1878, in connection with which he was created C.M.G., and received the Cross of the Legion of Honour. Owing to a dispute in connection with the expenses of the Paris Exhibition he retired from the public service of South Australia in 1880.

Boothby, William Robinson, B.A., J. P., Sheriff of South Australia, son of Benjamin Boothby, formerly judge of the Supreme Court of South Australia, was born in England on Sept. 26th, 1829. He was educated at London University, where he graduated B.A., and went to South Australia with his father in 1853. In the following year he was appointed Sheriff and Returning Officer of the province of South Australia, and Marshal of the Court of Vice-Admiralty in addition in 1862. Mr. Boothby, who is Comptroller of Prison Labour, is a member of the Council of the Senate of Adelaide University.

Bosisto, Joseph, C.M.G., M.L.A., is the son of the late William Bosisto, of Cookham, Berks, and was born on March 21st, 1827, at Hammersmith. Becoming a druggist, he emigrated to Adelaide, S.A., in 1848, where he established the business of Messrs. Faulding & Co. He proceeded

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