No. 64
12th April 1867
My Lord,
I have the honor to forward an Authenticated and two plain Copies of an Ordinance of the recent Session of the Legislature of this Colony, entitled; No. 6. An OrdinanceauthorizingManuscript image authorizing the sale of the Real and personal Estates of Intestates.
2. I append the report of the Attorney General. I regret to see that he considers the ordinance to be highly objectionable. Had I been aware of this, in time, I should have returned the bill to the Council for amendment. I may however mention that the great majority of Members were in favour of the measure as it nowstands.Manuscript image stands.
I have the honor to be,
My Lord,
Your most obedient,
humble Servant
Frederick Seymour
Minutes by CO staff
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CC 17 June
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Mr Elliot
Ordinance authorizing Sale of Real & Personal Estates of Intestates. I do not feel any objection to the power vested in the Judge to sell &c the "personal" as well as "real" estate upon good cause being shewn that such sale &c would be advantageous to the Estate. Any defect in the working can readily be amended.
As to the objection of the Attorney General to the alteration made by sec. 3 it appears to me that the Court would still retain power over the fund. The monies are to be paid into Court, & to be transferred under the orders of the Court (sec. 2) and under these circumstances I can hardly doubt but that the order of the Court must be obeyed in whatever name the monies stand.
But as the Attorney General objects, and as no reason has been assigned for departing from what appears to me to be the more correct mode of keeping the account, viz paying the monies to the credit of the Accountant General of the Court; and as another point is raised as to the section about fees, I would suggest that the Govr should be informed that looking to the objections raised by the Attorney General, and to the statement that had the Govr been aware of those objections he would have returned the Bill to the Council for amendment, His Grace though approving of the main object of the Ordinance, desires before advising HM upon the Ordinance to be informed for what reason the alteration was made in requiring the payment in to the credit of the General Revenue instead of to the credit of the Accountant General; & further to be informed whether the question of the payment of fees was duly considered or simply adopted from the former Act 29 Vict No 8, as it appears to His Grace that fees upon a low scale might very properly be taken.
HTH 18/6
TFE 18/6
CBA 18/6
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Yes, & suggest that an ordinance amended in these particulars shd be passed in substitution.
B&C 25/6
Documents enclosed with the main document (not transcribed)
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H.P.P. Crease, Attorney General, to Seymour, 31 March 1867, reporting on the ordinance as per despatch.
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 44, 1 July 1867 asking for clarification regarding the inclusion of fees on estate sales and suggesting to Seymour that Ordinance No. 6 should be amended with the Attorney General’s suggestions.