No. 46
9th May 1865
I have the honor to forward an Authenticated and two plain Copies of an Ordinance of the late Session of the Legislature of this Colony entitled; No. 4. An OrdinanceinManuscript image in aid of the Trustees Relief Act.
2. I add the Report of the Attorney General. The Ordinance does not apply solely to the Bank of British Columbia. It extends to any "Bank for the time being employed to transact the banking business of the Government of this Colony."
I have the honor to be,
YourManuscript image Your most obedient
humble Servant
Frederick Seymour
Minutes by CO staff
Manuscript image
ABd 11 July
TFE 12/7
Ackne. State that there appears to be one or two errors of language in this Orde. In Sect 1 after the words "in the name" it wd seem proper to insert "or to the account." 2. The first phrase of Sect 2 does not shew what payments it was intended to cover. This shd be made clear. It was probablyManuscript image intended to mean that "all such payments & transfers heretofore are made in manner aforesaid." But whatever was the intention of the Legr the language shd be more accurately adjusted to it.
Also observe that it is very doubtful whether such an Act as that of 10 & 11 Vict. c. 96 wd be extended to the Colony by the general words of the Proclamation of 19 Nov. 1858. And recommend that the Orde shd contain a specific declaration that the Act shd so apply with certain substitutions including those provided for by this Orde.
It shd also be provided that the Supreme Ct of the Colony shd be competent to exercise all power conferred by that Act on the Court of Chancery, Lord Chancellor and Master of the Rolls.
EC 27
Documents enclosed with the main document (not transcribed)
Manuscript image
H.P.P. Crease, Attorney General, to Colonial Secretary, 9 May 1865, reporting on the ordinance as per despatch.
Other documents included in the file
Manuscript image
Draft reply, Cardwell to Seymour, No. 53, 3 August 1865.