No. 76
2 October 1865
Sir,
I have had under my consideration an Ordinance passed by the Legislature of British Columbia "To declare the limitation of Foreign Suits and Actions," which was transmitted in Governor Seymour's Despatch No. 73 of 1st June 1865.
By the Law of the Colony as it stood previously to the passing of this Ordinance I understand that any person having a claim or causeManuscript image of action against another might have enforced that claim at any time during the periods allowed by English Law.
The first Clause of this Ordinance enacts in substance that claims arising elsewhere than in British Columbia shall not be enforceable against a person who has resided in British Columbia for three years after such claim has accrued. It declares that in a matter of simple justice claims arising in British Columbia shall have a privilege which claims arising in England or another Colony or a Foreign Country shall not have, and it allows a person resident in British Columbia for three years to repudiate a debt under circumstances in which the inhabitants of any other part of Her Majesty's Dominions or of a Foreign Country would not be allowed by Law to repudiate it.
IManuscript image
I hope that the Legislature did not fully apprehend what I conceive nevertheless to be the undoubted effect of this enactment. But, be this as it may, it has been impossible for me to advise Her Majesty that such a provision should be allowed to remain in operation. Her Majesty has therefore been pleased to disallow the Ordinance, and I have to request that you will cause its disallowance to be notified to the Colonists in the usual and most authentic manner.
I have the honor to be
Sir,
Your most obedient
humble servant
Edward Cardwell
People in this document

Cardwell, Edward

Seymour, Frederick

Places in this document

British Columbia

Cardwell, Edward to Seymour, Frederick 2 October 1865, NAC RG7:G8C/12, 332. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B657076.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)