Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 5 September 1867, CO 60:29, no. 10810, 15.
Abstract
Despatch to London.
Minutes (9), Enclosures (untranscribed) (4), Other documents (3).
Seymour forwards two ordinances,
No 10. An Ordinance making provision for Barristers at Law, Notories Public and Articled Clerks of the late Colony of Vancouver Islandand
No. 20 An Act respecting the Legal Professions,Attorney General's legal report on ordinance number 10, a petition from legal practitioners against ordinance number 10, and Needham’s judgement on ordinance number 10. Holland’s minute describes the function of each ordinance, advises for ordinance number 10 to be sanctioned, and discusses how to act regarding ordinance number 20. Further minutes by Holland and Rogers discuss how to proceed on the two ordinances given the questions surrounding Vancouver Island’s status as a colony. One of the included documents is a letter requesting a report on the status of the Supreme Court of Vancouver Island.
No. 100
Victoria
5th September 1867
My Lord Duke,
I have the honor to forward an authenticated and two plain
copies of an Ordinance of the recent Session of the local Legislature
entitled;No 10
No 10. An Ordinance making provision for Barristers at
Law, Notories Public and Articled Clerks of the late Colony of
Vancouver Island.
I enclose the following documents.
No 10. An Ordinance making provision for Barristers at
Law, Notories Public and Articled Clerks of the late Colony of
Vancouver Island.
I enclose the following documents.
1. The Attorney General's legal report on the measure.
2. A petition
from "certain Attorneys and Solicitors of the Supreme Court of
Civil Justice of Vancouver Island British Columbia" against theallowance
allowance of the Ordinance and lastly a judgement given by Mr
Needham, late or present Chief Justice of Vancouver Island, ruling
that the Legislative Council of British Columbia has no power to
make laws affecting the Court over which Mr Needham continues
to preside. To this important paper Your Grace's attention will
be drawn in another despatch.
allowance of the Ordinance and lastly a judgement given by Mr
Needham, late or present Chief Justice of Vancouver Island, ruling
that the Legislative Council of British Columbia has no power to
make laws affecting the Court over which Mr Needham continues
to preside. To this important paper Your Grace's attention will
be drawn in another despatch.
I think it convenient to enclose in this despatchanother
another
Ordinance affecting the legal profession. It is entitled;
another
Ordinance affecting the legal profession. It is entitled;
No. 20 An Act respecting the Legal Professions.
Minutes by CO staff
Sir F. Rogers
Ordinance No 10 Legal Professions Ordce. This Ordinance enables Barristers & Attorneys of Vancouvers Island to practice on the Mainland. Sanction.
Ordinance No 10 Legal Professions Ordce. This Ordinance enables Barristers & Attorneys of Vancouvers Island to practice on the Mainland. Sanction.
Ordinance No 20 Legal
Practitioners Ordce. This Ordce allows Barristers to
practice as Attornies & Attornies or Barristers proceed upon the
assumption that since the Union Act the Supreme Court of V. Island
has ceased to exist.
A contrary construction of that Act has been
adopted by us; and a case has been submitted to the Law Officers in
which this point is raised for their decision.
A contrary construction of that Act has been
adopted by us; and a case has been submitted to the Law Officers in
which this point is raised for their decision.
Until their opinion has been received H Grace can hardly
advise HM upon this Ordinance.
Might not the Law Officers be told that there are several
important questions pending, upon which no decision can be given,
until their report upon the case submitted to them has been received
and that H.G. will be glad to receive that Report as soon as possible?
HTH
5/11
Sir F. Rogers
These Ordinances are in operation so that no harm will be done by delaying any sanction till we have heard from the Colony what steps are to be taken with respect to the draft Ordinance we are sending out.
These Ordinances are in operation so that no harm will be done by delaying any sanction till we have heard from the Colony what steps are to be taken with respect to the draft Ordinance we are sending out.
HTH
14/11
Mr Holland
I agree. But we had better tell the Governor why the decision is delayed. But why not sanction No 10.
I agree. But we had better tell the Governor why the decision is delayed. But why not sanction No 10.
Sir F. Rogers
I see no objection to sanctioning No 10, except that, I suppose, it was passed more or less upon the assumption that the Supreme Court of V. Island was abolished. But as it was a measure approved of by both the Judges, & differs, therefore, in this respect from No 20 I think that No 10 might well be sanctioned.
I see no objection to sanctioning No 10, except that, I suppose, it was passed more or less upon the assumption that the Supreme Court of V. Island was abolished. But as it was a measure approved of by both the Judges, & differs, therefore, in this respect from No 20 I think that No 10 might well be sanctioned.
HTH
15/11
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Seymour, 7 May 1867,
reporting on ordinance No. 10 as per despatch.
Petition, Attorneys and Solicitors of Supreme Court of Civil
Justice of Vancouver Island to Seymour, opposing ordinance No. 10.
Newspaper clipping, unnamed, no date, containing account of
Supreme Court decision with bearing on the question of
judicial jurisdiction as affected by the act of union.
Other documents included in the file
Rogers to Attorney General and Solicitor General,
11 November 1867, requesting report on previous enquiry respecting
status of Supreme Court of Vancouver Island.
Draft reply, Buckingham to Seymour, No. 77, 8 November 1867 conveying “Her Majesty's gracious confirmation and allowance of … No. 10 "an Ordinance
making provision for Barristers at Law, Notaries Public and Articled Clerks of the
late Colony of Vancouvers Island."”
Draft reply, Buckingham to Seymour, No. 89, 20 November 1867 informing Seymour that the decision regarding “Ordinance No. 20 entitled "An Ordinance respecting the
legal profession” is suspended until the British Columbia’s Legislature’s decision on “the draft Ordinance regulating the Constitution of the
two Supreme Courts.
Minutes by CO staff