No. 3
20 December 1866
My Lord,
I enclose herewith an application made to me by Mr Needham, the late Chief Justice of Vancouver Island, claiming a portion of certain Fees taken in the Court of Bankruptcy in the Island.
2. A previous similar application, which is also enclosed,wasManuscript image was made to Governor Kennedy, and was referred by him for the joint opinion of the Colonial Secretary, and the Attorney General. These Officers reported adversely to Mr Needham's claim, but as Governor Kennedy appears not to have coincided with their view, and as he left the matter unadjusted, I forward it for Your Lordship's decision.
3. I enclose the two local Acts bearing upon the case, and I think a perusal of the paperswillManuscript image will so fully disclose its merits that it is needless I should trouble Your Lordship with further remarks upon it.
I have the honor to be,
My Lord
Your Lordships most obedient
and humble Servant
Frederick Seymour
Minutes by CO staff
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Sir F. Rogers
When Mr Needham accepted the Office of Chief Justice of V.C. Island with a Salary of £1200 per ann: fixed by local enactment there was no mention or understanding as to his having any fees at all. These papers comprize, I think, all the infn which is needful to you.
ABd 6 Feb
It appears to me that there is no ground for this claim. The fees are not "chargeable with the salaries of officers" wh are to be what the Govr thinks just. And the closing words of the Act seem to imply that "the Commissr & other officers" not "the C.J. Commissr & other officers" were to participate in them.
Accordingly the Govr has never assigned any salary to the C.J. probably because he did not think it just.
But as obsd by the Col Secy & A.G. a subsequent Act, passed while the C.J. was not in the receipt of fees, &, it may be presumed, on the understanding that he was not to receive them gave him a salary of £1200 a year evidently, I shd say, in full of all claims on the public. Therefore I shd say the claim shd be negatived.
FR 6/2
CBA 7/2
C 7 Feby
Documents enclosed with the main document (not transcribed)
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Needham to W.A.G. Young, Colonial Secretary, 7 December 1866, forwarding papers in relation to his claim on the "fees in Bankruptcy."
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Needham to Seymour, 19 September 1866, outlining his claim to the fees in question.
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Young to Seymour, 25 September 1866, asking for a statement of the fees paid into the bankruptcy account, with short statement of the fees for 1862 through 1865 appended thereto.
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Minute of Council, written by Young, 2 October 1866, referring the matter for the joint report of the Colonial Secretary and Attorney General.
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Young and T.L. Wood, Acting Attorney General, 9 October 1866, recommending disallowance of Needham's claims, with explanation.
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Memorandum, written by Kennedy, 12 October 1866, disagreeing with the opinion expressed by Young and Wood, and advising that the matter should be held over for the decision of the Secretary of State.
Other documents included in the file
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Draft reply, Carnarvon to Seymour, No. 15, 16 February 1867.
Seymour, Frederick to Carnarvon, Earl 20 December 1866, CO 60:25, no. 1329, 267. 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/B66203.html.

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