No. 49
18th March 1867
My Lord,
I find among the papers in the Governor's office at Victoria, Mr Secretary Cardwell's despatch No. 69 of 1st December 1865 which would appear not to have been actedonManuscript image on in any way. Mr Kennedy had recommended that a Law should be passed dispensing with unanimity in a Jury in Criminal Cases. Mr Cardwell states that he will be prepared to submit for Her Majesty's sanction a Law passed for this object if that Law is otherwise unobjectionable.
2. I am not aware that the present law has worked badly. I referred the matter for the consideration of Mr Needham, late Chief JusticeofManuscript image of Vancouver Island, of Mr Begbie, Judge of the Court of British Columbia, and of Mr Crease, the Attorney General. Your Lordship will observe that all these are against Mr Kennedy's suggested alteration. Under these circumstances I shall not move in the matter without further instructions.
I have the honor to be,
My Lord,
Your most obedient humble Servant
Frederick Seymour
Minutes by CO staff
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Sir F. Rogers
Both the Judges & the Attorney General are opposed to extending the Jury Act to Criminal Cases as recommended by Govr Kennedy.
VJ 7 May
Put by.
FR 7/5
CBA 7/5
B&C 8/5
Documents enclosed with the main document (not transcribed)
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J. Needham, 7 January 1867, opposing the proposed law, with explanation.
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Minute, H.P.P. Crease, 21 January 1867, concurring with Needham's opinion.
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M.B. Begbie to Colonial Secretary, 23 January 1867, opposing the proposed law, with explanation.
Seymour, Frederick to Carnarvon, Earl 18 March 1867, CO 60:27, no. 4403, 377. 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/B67049.html.

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