Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 5 August 1868, CO 60:33, no. 9930, 188.
Abstract
Despatch to London.
Minutes (3), Other documents (1).
Seymour states that
the Ordinance No. 32 of 1867,of the legislative council. Seymour reports how members of the executive council viewed the proposed ordinance. Seymour recommends not bringing the ordinanceAn Ordinance to give to Mortagees certain powers now commonly inserted in Mortgages…was thrown out towards the end of the session
into operation.Holland’s minute discusses how Buckingham’s recommendations for the ordinance were adopted and suggests how to respond to Seymour. Buckingham’s minute concurs with Holland’s suggestions and recommends describing how the ordinance would operate without Buckingham’s previous suggestions.
No. 89
Victoria
5th August 1868
My Lord Duke,
I directed a Bill to be brought before the Legislative Council
to effect the amendments in the Ordinance No. 32of
of 1867, "An
Ordinance to give to Mortagees certain powers now commonly
inserted in Mortgages," suggested in Your Grace's despatch No.
80 of the 13th November 1867. The Bill was thrown out
towards the end of the session. It now then rests with Your
Grace to determine whether the Ordinance No. 32 of 1867, which
contains a suspending clause, shall be brought into operation or not.
of 1867, "An
Ordinance to give to Mortagees certain powers now commonly
inserted in Mortgages," suggested in Your Grace's despatch No.
80 of the 13th November 1867. The Bill was thrown out
towards the end of the session. It now then rests with Your
Grace to determine whether the Ordinance No. 32 of 1867, which
contains a suspending clause, shall be brought into operation or not.
2. Having a slight feelingof
of objection to the measure in its
present shape, I consulted the Executive Council as to the
nature of the advice I should tender to Your Grace on the subject.
of objection to the measure in its
present shape, I consulted the Executive Council as to the
nature of the advice I should tender to Your Grace on the subject.
The Attorney General was in favour of the Bill.
The Surveyor General was opposed to it.
The Collector of Customs said he knew nothing about it.
The Colonial Secretary was against the Bill, so was the Police
Magistrate ofNew
New Westminster. But neither supporters nor
opponents appeared to care much about the matter. It created
but little interest. If therefore it contains provisions
objectionable to Your Grace I do not see that the Ordinance
should be brought into operation.
New Westminster. But neither supporters nor
opponents appeared to care much about the matter. It created
but little interest. If therefore it contains provisions
objectionable to Your Grace I do not see that the Ordinance
should be brought into operation.
Minutes by CO staff
Mr Elliot
The amendments which were suggested by HG have not been made, and as the Ordinance gives a mortagee power to purchase—a power which requires careful checks to be placed upon it to prevent injustice being worked upon the mortgagor—and the Legislature have not chosen to guard this power in the way suggested by the Attorney General & approved by HG, I wd inform the Govr that HG is not prepared to advise
HM to sanction the Ordinance.
The result will be that the Ordce which has a suspending
clause will not come into operation. There does not seem to be
any strong feeling in favor of the Ordinance.
The amendments which were suggested by HG have not been made, and as the Ordinance gives a mortagee power to purchase—a power which requires careful checks to be placed upon it to prevent injustice being worked upon the mortgagor—and the Legislature have not chosen to guard this power in the way suggested by the Attorney General & approved by HG, I wd inform the Govr that HG is not prepared to advise
HM to sanction the Ordinance.
The result will be that the Ordce which has a suspending
clause will not come into operation. There does not seem to be
any strong feeling in favor of the Ordinance.
I agree but the despatch shd point out I think the probable
consequences which might result from the measure in its present
shape.
B&C
14/9
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 76, 21 September 1868 informing Seymour that
Ordinance No. 32 of 1867will not
receive Her Majesty's sanctionand describing the negative impacts the ordinance would have on British Columbia without Buckingham’s recommended amendments.