No. 34
New Westminster
29th April 1868
My Lord Duke,
I venture to transmit, as not without interest, certain papers showing the somewhat singular conflict of Jurisdiction existing between the two Judges of the Court or CourtsoutManuscript image out here.
I shall address you confidentially on this subject in a despatch of even date.
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 16 June
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Sir F. Rogers
This case is transmitted to HG in proof of the inconvenience & evils arising from the contest as to the jurisdiction of the Supreme Courts—(see my minute on 6295).
Nothing has to be done on this despatch which may be put by.
See 6295 & 6300.
HTH 19/6
FR 19/6
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Mr Holland
The act of the Judge in 1st declining to entertain the case because of his interest or liability to his brother inManuscript image connection with the Company, & his subsequent proceedings without any intimation that his liability or interest was raised seems inconsistent—& if the interest continued to be the same hardly proper—should no remarks be made.
B&C 24/6
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Duke of Buckingham
This case was sent over not as conveying any charge against Mr Needham, but as showing what the Govr terms "the singular conflict of jurisdiction existing between the two Judges."
I apprehend that Mr NeedhamManuscript image was in truth the only person who could try the case, as Mr Begbie had no jurisdiction in V. Island. It may be that the interest which Mr Needham had, or is alleged to have had, in this Company so "incapacitated" him within the meaning of the Order in Council creating the Court, as to enable the Govr to nominate some one to act in his place, but looking to the surrounding word in the Order in Council "upon the death resignation, sickness, or incapacity, or absence of the C.J. &c" I rather doubt the correctness of this.
However, if HG thinks right, the Govr might be directed to forward to Mr Needham copies of the statements, & desire a report upon them, with special reference to that part in which it is alleged that Mr Needham having at first declined to act on the ground of interest afterward proceeded to hear the case.
HTH 24/6
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I think it will be well that his attention shd be drawn to the statement with a view to C.J. Needham's explanation being given.
B&C 25/6
Documents enclosed with the main document (not transcribed)
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Precis by H.P.P. Crease, Attorney General, 6 April 1868, summarizing events in the bankruptcy case of Charles Wentworth Wallace, followed by related documents and correspondence (50 pages).
Other documents included in the file
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Draft reply, Buckingham to Seymour, no number, June 1868, marked "cancelled."