HC Deb 17 March 1840 vol 52 cc1201-2
Mr. Leader

rose for the purpose of inquiring from the noble Lord the Secretary for the Colonies, by whose permission and under what authority the Chief Justice of Canada had remained for a year and a half in England. He wished also to know who performed the duties of Chief Justice in that colony, who received the salary, for what purpose did that learned person reside in England, and was it intended, and when, that he should resume his duties?

Lord J. Russell

said, that the Chief Justice of Upper Canada had received leave of absence in the usual way; that that leave had been renewed from time to time, first by Lord Glenelg, and subsequently by Lord Normanby; that the leave had recently expired; that he (Lord J. Russell) had intimated to the Chief Justice of Upper Canada, his opinion that the time had arrived at which it was desirable that he should return to that colony, and the Chief Justice intended early in the ensuing month to proceed to Canada accordingly, As to the inquiry which the hon. Member made respecting his salary, he could give no positive answer. He presumed that the payment was as usual—half the amount of the regular salary. In his absence his duty, as a matter of course, was performed by the other judges.

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