M Fortescue
It is not to be expected in a country circumstanced like
B. Columbia that matters can or need be conducted with the
regularity
w is necessary & practicable in a large & settled
community. The Laws therefore passed in that Colony are not
to be scanned very critically. But on some points I think
that more precision
w be attainable, & it
w therefore
be well, while approving the Proclamations in general terms
to notice points in which they appear to require amendment.
1. N 25. The Jurors Act. It may be very proper to
remove the qualif of property and to allow the Sheriff
to summon at his discretion persons not being British
subjects to serve upon juries. But I think some provision
should be made if possible for forming a Jury list—and for
requiring the Sheriff
![Manuscript image Manuscript image](https://hcmc.uvic.ca/~coldesp/jpg_scans/jpg_thumbnail/co_60_10/co_60_10_00072v.jpg)
to summon Jurors (being British subjects)
according to some fixed rule.
It is for the cons of the Gov whether it m
not be desirable to make it necessary that a juryman should be
able to read and sh not be known to have been convicted of
felony or any infamous crime.
The Gov m be authorised if he thought fit to
reduce the number of persons composing a jury to nine and to
provide that after deliberation of four hours the verdict in
which six jurors concurred should be received.
N 26. Judge (if necessary) may appoint persons to act as
Sherriff pro re ratâ.
High Sheriffs to hold Office during Gov pleasure—No observation.
N 27. Empower the Judge to try when he pleases, any
person charged with any offense
![Manuscript image Manuscript image](https://hcmc.uvic.ca/~coldesp/jpg_scans/jpg_thumbnail/co_60_10/co_60_10_00073r.jpg)
whether in custody or not—upon such
notice of Trial as he shall in such case deem expedient.
With every possible desire to deal liberally with experimental
Legislation it is I think impossible to avoid the disallowance of
a Proclamation which w enable a judge "on such notice as he m"
(not "by any general rule prescribe" but) "in such case
deem expedient"—to try any alleged offender in any place and
in his absence.
Under such a law no man could be saved from being tried
& condemned behind his back by a precipitate or hostile judge.
I think that the carelessness w wh this Law has been
framed deserves notice.
N 28. This is intended to give validity—or rather to
enable the Court to give validity to certain irregular transfers of
real property
w have taken place in
B. Columbia, as they
![Manuscript image Manuscript image](https://hcmc.uvic.ca/~coldesp/jpg_scans/jpg_thumbnail/co_60_10/co_60_10_00073v.jpg)
will
of course take place in every country
w is occupied in the same irregular way.
I think the Proclamation may be allowed to remain in
force—I would say however that though the D. of N. did not
think it necessary to disallow it under the peculiar circumstances under
which it was passed, he felt serious doubts whether it afforded
sufficient protection to the interests of persons having claims
on the property w did not appear on the affidavit of the
claimant or w for any other reason was not sufficiently before
the court and that H.G. w feel obliged to advise the
disallowance of the Proclamation unless it were so modified as
to remove this objection either by an absolute saving of all such
rights or by some other equitable method—also that the Procl
ought to be accompanied by a further Law providing some easy
mode of Registering Transactions affecting Land w would remove
the temptation to such irregular modes of proceeding hereafter.
The present law will afford that temptation to perjury w
the Statute of Frauds (w it supersedes) was passed to remove.