Note 39 — THE SLAVE IN UPPER CANADA[A]
Reading edition
The case is reported in (1861), 3, Ellis & Ellis Reports, Queen's Bench, p. 487; 30, Law Jour., Q. B., p. 129; 7, Jurist, N. S., p. 122; 3, Law Times, N. S., p. 622; 9, Weekly Rep., p. 255.
It was owing to this decision that the statute was passed at Westminster (1862) 25, 26, Vic., c. 20, which by sec. 1 forbids the courts in England to issue a writ of habeas corpus into any British possession which has a court with the power to issue such writ. The court was Lord Chief Justice Cockburn, and Justices Crompton, Hill and Blackburn, a very strong court. The Counsel for Anderson was the celebrated but ill-fated Edwin James. The writ was specially directed to the sheriff at Toronto, the sheriff at Brantford and the jail-keeper at Brantford. Judgment was given January 15, 1861.