Benjamin Boothby
Encyclopedia
Benjamin Boothby was a South Australia
n colonial judge
, who was removed from office for misbehaviour.
Boothby was born in Doncaster
, Yorkshire
. He assisted Sir Thomas Wilde in his electoral campaigns and read in his chambers. He was called to the Bar at Gray's Inn
in 1841.
In 1853, Boothby was appointed a Judge of the Supreme Court of South Australia
. This was the last appointment of a South Australian judge by the Colonial Office
.
Boothby, in a series of judgments, adopted a pedantic approach to Imperial Law, holding a number of South Australian statutes invalid, including the Real Property Act 1857, which introduced the Torrens system of land registration in South Australia. Boothby also asserted that the Parliament of South Australia
had not been validly constituted since the enactment of the Constitution Act 1855-56.
In 1865, partly in response to the approach taken by Boothby, the Imperial Parliament passed the Colonial Laws Validity Act, confirming the authority of the colonial Parliament to pass legislation different from that passed by the Imperial Parliament. However, Boothby continued to create difficulties, refusing to acknowledge the authority of the Attorney-General and challenging the legality of the appointments of the other two Judges of the Supreme Court on the basis that only British-trained barrister
s could be appointed.
Proceedings were commenced to remove Boothby from office on the ground of misbehaviour. The charges were found proved and the Judge was "amoved" on 29 July 1867. Boothby took formal steps to appeal this decision to the Privy Council
, but died before the appeal was heard.
with his wife and twelve children. In total, they had fifteen children. These included:
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
n colonial judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, who was removed from office for misbehaviour.
Boothby was born in Doncaster
Doncaster
Doncaster is a town in South Yorkshire, England, and the principal settlement of the Metropolitan Borough of Doncaster. The town is about from Sheffield and is popularly referred to as "Donny"...
, Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
. He assisted Sir Thomas Wilde in his electoral campaigns and read in his chambers. He was called to the Bar at Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1841.
In 1853, Boothby was appointed a Judge of the Supreme Court of South Australia
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
. This was the last appointment of a South Australian judge by the Colonial Office
Colonial Office
Colonial Office is the government agency which serves to oversee and supervise their colony* Colonial Office - The British Government department* Office of Insular Affairs - the American government agency* Reichskolonialamt - the German Colonial Office...
.
Boothby, in a series of judgments, adopted a pedantic approach to Imperial Law, holding a number of South Australian statutes invalid, including the Real Property Act 1857, which introduced the Torrens system of land registration in South Australia. Boothby also asserted that the Parliament of South Australia
Parliament of South Australia
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the Legislative Council and the House of Assembly. It follows a Westminster system of parliamentary government....
had not been validly constituted since the enactment of the Constitution Act 1855-56.
In 1865, partly in response to the approach taken by Boothby, the Imperial Parliament passed the Colonial Laws Validity Act, confirming the authority of the colonial Parliament to pass legislation different from that passed by the Imperial Parliament. However, Boothby continued to create difficulties, refusing to acknowledge the authority of the Attorney-General and challenging the legality of the appointments of the other two Judges of the Supreme Court on the basis that only British-trained barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s could be appointed.
Proceedings were commenced to remove Boothby from office on the ground of misbehaviour. The charges were found proved and the Judge was "amoved" on 29 July 1867. Boothby took formal steps to appeal this decision to the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, but died before the appeal was heard.
Family
In May 1827, he married Maria Bradbury Robinson. In 1853, he moved to AdelaideAdelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
with his wife and twelve children. In total, they had fifteen children. These included:
- William RobinsonWilliam BoothbyWilliam Robinson Boothby , was Electoral Commissioner for South Australia, in charge of every parliamentary election from 1856 to 1903.Boothby was the eldest son of South Australian Supreme Court Justice Benjamin Boothby....
(1829-1903) - eldest son. On 23 June 1863 he married Frances Elizabeth Lawrence; they had two sons and two daughters. - Benjamin (1831-1883) - second son. On 1 December 1859 he married Mary Ann Warland; they had six sons.
- Josiah (1837-1916) - seventh child. On 10 October 1861 he married Susannah Hinds Lawrence (1834-1918); they had five daughters.
- Thomas Wilde (1839-1885) - ninth child. On 10 March 1864 he married Mary Agnes Hodding (1843-1907); of their three sons, Guy NewellGuy BoothbyGuy Newell Boothby was an Australian novelist and writer.-Biography:Boothby was born in Adelaide, son of Thomas Wilde Boothby, who for a time was a member of the South Australian Legislative Assembly. Guy Boothby's grandfather was Benjamin Boothby , judge of the supreme court of South Australia...
(1867-1905) won fame overseas as a novelist.