Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 22 November 1867, CO 60:29, no. 2626, 438.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (1), Other documents (1).
Seymour forwards
No. 39. An Ordinance to amend and assimilate the proceedure of the County Courts in all parts of the Colony of British Columbiaand
Attorney General's Report.Seymour discusses how other colonial officials thought about the ordinance and describes measures Seymour took to process legal cases on Vancouver Island in Needham’s absence. Holland’s minute summarizes the effect of ordinance No.39, discusses how the ordinance will need to be altered following the establishment of the two Supreme Courts, and recommends sanctioning the ordinance. Adderley’s minute recommends redrafting the ordinance to refer to specific Imperial Acts.
No. 148
22nd November 1867
My Lord Duke,
I have the honor to forward an Authenticated and two plain
Copies of an Ordinance of the last Session of the Legislature
of this Colony, entitled;No. 39.
No. 39. An Ordinance to amend and assimilate
the proceedure of the County Courts in all parts of the Colony
of British Columbia.
No. 39. An Ordinance to amend and assimilate
the proceedure of the County Courts in all parts of the Colony
of British Columbia.
2. The Attorney General and several members of the Legislative
Council were strongly opposed to the principles of this measure and I
had intended to reserve it for the signification of Her Majesty's
pleasure. During the Grouse Creek dispute however it becamenecessary
necessary
to send Mr Needham to Cariboo and recall Mr Begbie. This latter
officer expressed great reluctance to going down to Victoria to act as
Judge during Needham's absence. He informed me that he was fully aware
that if he set his foot in Vancouver Island the question would at once
be brought before him as to the existence of the Separate Court of "the
Colony of Vancouver Island."He
He should feel himself compelled, which
would be painful to him, in Mr Needham's absence, to pronounce
that the Supreme Court had ceased to exist on the day when the Island
became merged in the Colony of British Columbia.
necessary
to send Mr Needham to Cariboo and recall Mr Begbie. This latter
officer expressed great reluctance to going down to Victoria to act as
Judge during Needham's absence. He informed me that he was fully aware
that if he set his foot in Vancouver Island the question would at once
be brought before him as to the existence of the Separate Court of "the
Colony of Vancouver Island."He
He should feel himself compelled, which
would be painful to him, in Mr Needham's absence, to pronounce
that the Supreme Court had ceased to exist on the day when the Island
became merged in the Colony of British Columbia.
3. As I cannot believe that I have the right to make use of the
Public Seal of the "Colony of Vancouver Island," and as many cases
of debt had to be tried, andas
as each Steamer carried off absconding
debtors there was nothing for it, but to assent to the Ordinance
I now transmit.
as each Steamer carried off absconding
debtors there was nothing for it, but to assent to the Ordinance
I now transmit.
4. Under its provisions I appointed Mr A.F. Pemberton, Police
Magistrate of Victoria to be a County Court Judge.
5. The Attorney General's Report is enclosed.
Minutes by CO staff
Sir F. Rogers
This Ordinance extends to all the present Colony of B.C. the provisions of County Court Ordinance of 1866 with some alterations, which are unobjectionable. The Ordinance of 1866 was sanctioned in spite of the objections raised by the Attorney General.
This Ordinance extends to all the present Colony of B.C. the provisions of County Court Ordinance of 1866 with some alterations, which are unobjectionable. The Ordinance of 1866 was sanctioned in spite of the objections raised by the Attorney General.
This present Ordinance may (I think) be sanctioned. But I would
point out that sections 8, 9, 11 & 14 will require some alterations when
the Ordinance has passed which establishes the Supreme Courts. I
should be disposed to add an
expression of hope that this last mentd
Ordinance has passed so as to put an end to the uncertainty & confusion
which must necessarily be detrimental to the proper & effective
administration of justice in the Colony.
expression of hope that this last mentd
Ordinance has passed so as to put an end to the uncertainty & confusion
which must necessarily be detrimental to the proper & effective
administration of justice in the Colony.
I think also the Supreme Ct Ordce necessitates alteration of
all the sections of this Ordce relating to it. The rest should be
redrafted. Legislation merely by wholesale reference to half a dozen
Impl Acts is slovenly, & dangerous. The necessary haste of this
enactment alone excuses it.
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Seymour, 24 October 1867,
reporting on the ordinance as per despatch.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 20, 25 March 1868 conveying “Her Majesty's Gracious Confirmation and allowance of…No. 39, "An Ordinance
to amend and assimilate the procedure of the County Courts in all parts of the Colony
of British Columbia"” and discussing what changes will be necessary with the passing of the ordinance
establishing two supreme courts.