Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Carnarvon, Earl 20 December 1866, CO 60:25, no. 1329, 267.
Abstract
Seymour, Frederick to Carnarvon, Earl 20 December 1866, CO 60:25, no. 1329, 267.
Despatch to London.
Minutes (3), Enclosures (untranscribed) (6), Other documents (1).
No. 3
20 December 1866
My Lord,
I enclose herewith an application made to me by Mr Needham,
the late Chief Justice of Vancouver Island, claiming a portion of
certain Fees taken in the Court of Bankruptcy in the Island.
2. A previous similar application, which is also enclosed,was
was made to Governor Kennedy, and was referred by him for the
joint opinion of the Colonial Secretary, and the Attorney General.
These Officers reported adversely to Mr Needham's claim, but as
Governor Kennedy appears not to have coincided with their view,
and as he left the matter unadjusted, I forward it for Your Lordship's
decision.
was made to Governor Kennedy, and was referred by him for the
joint opinion of the Colonial Secretary, and the Attorney General.
These Officers reported adversely to Mr Needham's claim, but as
Governor Kennedy appears not to have coincided with their view,
and as he left the matter unadjusted, I forward it for Your Lordship's
decision.
3. I enclose the two local Acts bearing upon the case, and I
think a perusal of the paperswill
will so fully disclose its merits
that it is needless I should trouble Your Lordship with further
remarks upon it.
will so fully disclose its merits
that it is needless I should trouble Your Lordship with further
remarks upon it.
Minutes by CO staff
Sir F. Rogers
When Mr Needham accepted the Office of Chief Justice of V.C. Island with a Salary of £1200 per ann: fixed by local enactment there was no mention or understanding as to his having any fees at all. These papers comprize, I think, all the infn which is needful to you.
When Mr Needham accepted the Office of Chief Justice of V.C. Island with a Salary of £1200 per ann: fixed by local enactment there was no mention or understanding as to his having any fees at all. These papers comprize, I think, all the infn which is needful to you.
ABd
6 Feb
It appears to me that there is no ground for this claim. The
fees are not "chargeable with the salaries of officers" wh
are to be what the Govr thinks just. And the closing words of
the Act seem to imply that "the Commissr & other officers"
not "the C.J. Commissr & other officers" were to participate in them.
Accordingly the Govr has never assigned any salary to the
C.J. probably because he did not think it just.
But as obsd by the Col Secy & A.G. a subsequent Act,
passed while the C.J. was not in the receipt of fees, &, it may
be presumed, on the understanding that he was not to receive
them gave him a salary of £1200 a year evidently, I shd
say, in full of all claims on the public. Therefore I shd
say the claim shd be negatived.
Documents enclosed with the main document (not transcribed)
Needham to W.A.G. Young, Colonial Secretary, 7 December 1866,
forwarding papers in relation to his claim on the "fees in Bankruptcy."
Minute of Council, written by Young, 2 October 1866, referring
the matter for the joint report of the Colonial Secretary and Attorney
General.
