Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 29 April 1868, CO 60:32, no. 6306, 231.
Abstract
Despatch to London.
Minutes (5), Enclosures (untranscribed) (1), Other documents (1).
Seymour transmits
papers showing the somewhat singular conflict of Jurisdiction existing between the two Judges of the Court or Courtsin British Columbia. Holland’s initial minute states the reason Seymour sent the despatch. Minutes by Buckingham and Holland discuss why Needham oversaw the case regarding Wallace despite a potential conflict of interest and how to respond to Seymour’s despatch.
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 Courtsout
out here.
out here.
I shall address you confidentially on this subject in a despatch
of even date.
Minutes by CO staff
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).
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.
Mr Holland
The act of the Judge in 1st declining to entertain the case because of his interest or liability to his brother in
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.
The act of the Judge in 1st declining to entertain the case because of his interest or liability to his brother in
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
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."
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 Needham
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.
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
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)
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
