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 10Manuscript image 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 theallowanceManuscript image 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 despatchanotherManuscript image another Ordinance affecting the legal profession. It is entitled;
No. 20 An Act respecting the Legal Professions.
I have the honor to be
My Lord Duke,
Your most obedient
humble Servant
Frederick Seymour
Minutes by CO staff
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CC 4 Nov 67
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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 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.Manuscript image 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
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I think so.
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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.
HTH 14/11
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Mr Holland
I agree. But we had better tell the Governor why the decision is delayed. But why not sanction No 10.
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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.
HTH 15/11
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Mr Holland
I wd so proceed (at once).
FR 15/11
HTH 15/11
Documents enclosed with the main document (not transcribed)
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H.P.P. Crease, Attorney General, to Seymour, 7 May 1867, reporting on ordinance No. 10 as per despatch.
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Crease to Seymour, 16 August 1867, reporting on ordinance No. 20 as per despatch.
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Petition, Attorneys and Solicitors of Supreme Court of Civil Justice of Vancouver Island to Seymour, opposing ordinance No. 10.
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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
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Rogers to Attorney General and Solicitor General, 11 November 1867, requesting report on previous enquiry respecting status of Supreme Court of Vancouver Island.
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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."”
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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
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Sir F. Rogers
I have proposed a paragraph in lieu of the one in brackets.
HTH 16/11
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Mr Holland
The Law Officers opinion as to the Supreme Ct of B.C. is with you.
Qy as to last sentence. See Sir FRs 2nd minute.
Seymour, Frederick to Grenville, Richard 5 September 1867, CO 60:29, no. 10810, 15. 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/B67100.html.

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