Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 22 December 1859, CO 60:5, no. 1559, 269.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (2), Other documents (1).
Douglas transmits a
Copy of a Proclamation providing for the establishment of Courts in British Columbia,in order to
enable suitors to recover debts not exceeding in value the sum of Fifty Pounds Sterling (£50), by a cheap and speedy method,and observes that
The practice of the Supreme Court was found to be too slow and expensive to meet the exigencies of suitors in the recovery of small debts.
No. 239
I have the honor of transmitting herewith the Copy of a
Proclamation providing for the establishment of Courts in
British Columbia, to enable suitors to recover debts not
exceeding in value the sum of Fifty Pounds Sterling (£50), by a
cheap
cheap and speedy method.
cheap and speedy method.
The practice of the Supreme Court was found to be too slow and
expensive to meet the exigencies of suitors in the recovery of small
debts, which were not infrequently abandoned, in preference to incurring
the expense of seeking redress at that Tribunal.
2. Many abuses had grown out of that state of things,
together with a general want of confidence, and an almost
entire stoppage of credit transactions, to the great injury
of the mining population, who require advances to enable them
to carry on their operations.
3. The evil was not felt under the form of Government
established previously to the Proclamation declaring English
Law in force in the Colony of British
British Columbia, which issued
on the 19th day of November 1858, as Justices of the Peace
were before that event necessarily invested with very extensive
powers, which they exercised to the satisfaction of the public,
who overlooked occasional deviations from the strict letter of
the law, in the security enjoyed, and the amount of public good achieved.
British Columbia, which issued
on the 19th day of November 1858, as Justices of the Peace
were before that event necessarily invested with very extensive
powers, which they exercised to the satisfaction of the public,
who overlooked occasional deviations from the strict letter of
the law, in the security enjoyed, and the amount of public good achieved.
4. There is a general feeling in the Colony in favor of
the reestablishment of that system, which would, however, be
inconsistent with English Law, and the Attorney General has
framed the Act, now herewith transmitted to accomplish the
desired object of facilitating the recovery of small debts,
by a process, rapid, and yet not expensive to suitors.
5. The
5. The additional expense in the Colony will be inconsiderable
as the whole business of the new Courts is to be conducted by
the present stipendiary Magistrates, with the single addition
of Mr Elliot, an English barrister, whose salary of £200
a Year will be paid from fees.
6. The "Joint Stock Companies Act" has also in view the
encouragement of mercantile enterprises, and the formation of
Joint Stock Companies, by restricting the liability of shareholders
to the amount of their investments in those concerns, and
relieving them from further responsibility.
7. Those Acts are both much needed, and will be of great
advantage to the Colony.
8. The Reports of the Attorney
Attorney General fully explaining the
character of the Acts, are also herewith transmitted for your
information.
Attorney General fully explaining the
character of the Acts, are also herewith transmitted for your
information.
Minutes by CO staff
At once.
HM
F 15
Other documents included in the file
Draft, Merivale to G.A. Hamilton, Treasury, 9 March 1860,
forwarding copy of the despatch and enclosures for consideration.
Minutes by CO staff
Mr Blackwood
Sir F. Rogers Report 1950 does not suggest this reference, but I suppose it shd be made? The Report appears to have escaped notice, tho' the one referred to (1950) is minuted.
Sir F. Rogers Report 1950 does not suggest this reference, but I suppose it shd be made? The Report appears to have escaped notice, tho' the one referred to (1950) is minuted.
Mr Merivale
It is the custom to refer Laws relating to revenue to the T-y, & I conclude we should follow it in this case.
It is the custom to refer Laws relating to revenue to the T-y, & I conclude we should follow it in this case.
Documents enclosed with the main document (not transcribed)
George Hunter Cary, Attorney General, to Douglas, 9 December
1859, forwarding copy of the proclamation relating to small debts
court, with explanation.
