Benjamin Boothby was a South Australian colonial judge, who was removed from office for misbehaviour, one of four Australian supreme court judges removed in the 19th century. 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 1825. 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 supposed basis that only British-trained barristers 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.
Family
Justice Benjamin Boothby married Maria Bradbury Robinson in May 1827, lived at "The Glen", Glen Osmond, later a Passionist monastery. Their fifteen children included:
Anna Robinson Boothby married Basil Robertson Lethem, lived in Brisbane.
William Robinson Boothby CMG, Electoral Commissioner from 1856 to 1903. He married Frances Elizabeth Lawrence on 23 June 1863; their children were:
Benjamin Boothby CE, a civil engineer, married Mary Ann Warland on 1 December 1859; they had six sons and at least one daughter:
J Gilbert Boothby businessman with Turnbull, Boothby & Little, agent for Norwich Union Fire Insurance Society and consular agent for Italy.
George Boothby died at "The Glen", Glen Osmond. He was Adelaide manager of the Commercial Union Assurance Company and auditor and life member of the Zoological Society.
Josiah Boothby CMG married Susannah Hinds Lawrence on 10 October 1861; they had one son and four daughters.
Elizabeth L. Boothby inherited "The Glen" and sold it to the Passionist Fathers January 1896, renamed St. Paul's Retreat.
Thomas Wilde Boothby, pastoralist and parliamentarian, married Mary Agnes Hodding on 10 March 1864. Their children included:
James Henry Boothby married Emma Wilson, daughter of Rev. Yelverton Wilson, on 10 December 1874, settled at "Nalang", Tatiara, South Australia, retired to "Nalang", Malvern, Victoria. He was stock inspector with Dalgety & Co., and wrote a series of historical articles for The Register.
