Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Birch, Arthur Nonus to Cardwell, Edward 21 June 1866, CO 60:24, no. 7796, 309.
Abstract
Birch, Arthur Nonus to Cardwell, Edward 21 June 1866, CO 60:24, no. 7796, 309.
Despatch to London.
Minutes (4), Enclosures (untranscribed) (2), Other documents (2).
No. 47
21st June 1866
Sir,
I have the honor to forward an Authenticated and two plain
Copies of an Ordinance of the recent Session of the Legislature
of this Colony, entitled;
No. 14. An Ordinance amending the procedure of theCounty
County
Courts of the Colony of British Columbia.
County
Courts of the Colony of British Columbia.
2. It is not for me to question the many Legal objections
raised by the Attorney General in the lengthy Report which I enclose.
Some of the statements however require explanation.
3. The necessity for an alteration in the Ordinance relating
to the County Courts of this Colony has often been represented by
the Judge of the Supreme Court andby
by every Magistrate resident in
the Country districts. The present Ordinance was framed and
introduced in the Legislative Council by Mr Elliot, a Barrister
of Lincoln's Inn and Magistrate of the Lillooet District. I am
not aware that the Bill received less consideration at the Council
Board than any other enactment of the Session. Nine Members of
Council supported and five opposed the measure, this can hardly
be termed in the words of the Attorney General a "verysmall
small majority."
by every Magistrate resident in
the Country districts. The present Ordinance was framed and
introduced in the Legislative Council by Mr Elliot, a Barrister
of Lincoln's Inn and Magistrate of the Lillooet District. I am
not aware that the Bill received less consideration at the Council
Board than any other enactment of the Session. Nine Members of
Council supported and five opposed the measure, this can hardly
be termed in the words of the Attorney General a "verysmall
small majority."
4. I may state in reply to the remarks of the Attorney General
in Paragraph 27 of his Report, that while there has been no external
agitation on the subject, the feeling of the Public is very generally
expressed and is referred to in every Grand Jury Report which I
receive from Mr Justice Begbie during the present circuit of the
Supreme Court. I enclose an extract from the Presentmentof
of the
Grand Jury at Yale.
of the
Grand Jury at Yale.
5. The Attorney General in Paragraph 34 more clearly, I consider,
defines the objections which he and no doubt the majority of the
Legal Profession naturally raise to this Ordinance as likely to
interfere with their practise. It does not appear to me that the
members of the Bar will be placed in a more anomalous position when
pleading before the several Magistrates as County Courts Judges
than when pleading,as
as is the constant practice, before the same
Gentlemen in the Gold Commissioners' Courts.
as is the constant practice, before the same
Gentlemen in the Gold Commissioners' Courts.
6. Should Her Majesty's Government decide upon Union of
Vancouver Island with British Columbia without further delay, the
consequent amalgamation of the Courts of the two Colonies would to
a great extent obviate the necessity at present existing for an
alteration in the Law. On the other hand, if British Columbia is
to continue separatethe
the appointment of a second Judge, entailing
an additional expenditure the Colony can ill afford, or the
increased powers proposed under this Ordinance to be vested in
the district Magistrates will be found expedient.
the appointment of a second Judge, entailing
an additional expenditure the Colony can ill afford, or the
increased powers proposed under this Ordinance to be vested in
the district Magistrates will be found expedient.
The several Magistrates have held commissions as County
Court Judges since the Proclamation of 1859. I have seldom heard
a complaint of the decisions given and should not hesitate, with
the experience alreadygained,
gained, to increase their jurisdiction as
now proposed.
gained, to increase their jurisdiction as
now proposed.
7. The Legislature, at my suggestion, inserted a clause
suspending the operation of the Ordinance until I have received
your instructions. I may add that Mr Justice Begbie is strongly
in favor of the proposed alterations in the Law.
Minutes by CO staff
Mr Elliot
Reserve for Sir F. Rogers, or refer, pending Sir Frederick's return, to Mr Seymour for any observations.
Reserve for Sir F. Rogers, or refer, pending Sir Frederick's return, to Mr Seymour for any observations.
ABd
Augt 14
I dare say the Orde is open to technical objections
wh may embarrass its working but the principle (of furnishing
speedy justice even though liable to occasional error)
is to my mind a very good one and I always distrust an accumulation
of minute objections against a thing useful at bottom. As
far as I can judge there does not seem to be much in them.
I wd answer conveying HM's allowance of this Ord to be published
in the Colony in the usual &c manner, and would add that
if the objections suggested by the Atty Genl are found
productive of practical inconvenience, Mr C. does not doubt
that the Legre will take the necessary steps for their removal.
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Officer Administering the
Government, 18 June 1866, reporting on the ordinance as per despatch.
Extract from the presentment made by the grand jury
at Yale, 4 May 1866, promoting the extension of the jurisdiction of
county courts to at least $500.
Other documents included in the file
Minutes by CO staff
Mr Macdonald
Please to place this with the despatch on the Ordinances, when it reaches you—for Sir F. Rogers's eye.
Please to place this with the despatch on the Ordinances, when it reaches you—for Sir F. Rogers's eye.
TFE
13 August
