No. 121
20th September 1867
My Lord Duke,
I have the honor to forward the papers noted in the margin
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Enclosure No. 1 Mr D.B. Ring to Governor Seymour, 10 July 1867.
Enclosure No. 2 Mr Etheridge to the Colonial Secretary, 17th June 1867, with the Attorney General's Report.
which shew some of the dissatisfaction which exists in the ColonyasManuscript image as to the present position of the Judges.
2. Your Grace has stated that the remedy can best be supplied by the action of the Local Legislature, but you will have observed from the enclosures to my despatch No. 86 of 10th July that Mr Needham repudiates entirely the Authority of the Legislative Council over the Court in which he continues to preside.
3. I shall venture toaddressManuscript image address your Grace further on this subject.
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 5 Novr
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Sir F. Rogers
The Governor encloses 2 letters, one from a barrister & one from a Commissr of the Hudson's Bay Compy, in which the Govr is requested to take steps to create a Court of Appeal.
He also encloses a letter of the Attorney General in which that officer disputes the validity of Mr Needham's Court, & sharply remonstrates against the plan which was proposed by H Grace with a view of getting over the present difficulties & which is now before the Law Officers.
No answer can be returned, I apprehend, until the Law officers have reported. Till then we are not in a position to decide whether a Court of Appeal would be desirable (though I can hardly doubt but that it would be) or how it should be constituted.
HTH 5/11
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Wait further despatch wh is promised.
FR 5/11
CBA 6/11
B&C 7/11
Documents enclosed with the main document (not transcribed)
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D.B. Ring to Seymour, 10 July 1867, urging establishment of court of appeal, with explanation.
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J.H. Etheridge, Commissioner, Hudson's Bay Company, to Colonial Secretary, 17 June 1867, expressing dissatisfaction with the administration of justice in the colony, with reference to a case previously before the courts.
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H.P.P. Crease, Attorney General, 2 July 1867, reporting on a case, Pidwell versus Hudson's Bay Company, with regard to Needham's position as judge and construction of the court with reference to the act of union.
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 15, 26 February 1868 referring Seymour to an earlier despatch, which forwarded “a Draft of an Ordinance for regulating the Supreme Courts of Justice of British Columbia."
Minutes by CO staff
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Mr Cox
See His Grace's minute attached to 88/8563/67 B.C. I suppose only an ackgt is necessary.