Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 3 June 1868, CO 60:32, no. 7426, 451.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (2), Other documents (1), Marginalia (2).
Seymour forwards
an Ordinance…entitled; No. 6. An Ordinance respecting the investigation of Accidents by Fireand the attorney general’s report. Holland’s minute discusses the benefits and issues with the forwarded ordinance, and Holland’s minute further summarizes the intent of the ordinance. Buckingham’s minute acknowledges Holland’s concerns and recommends sanctioning the ordinance.
No. 56
Victoria
3rd June 1868
My Lord Duke,
I have the honor to forward an authenticated and two plain
copies of an Ordinance of the recent Session of the Legislature
of this Colony, entitled;
No. 6. An Ordinancerespecting
respecting the investigation of Accidents
by Fire.
I add the report of the Attorney General.
respecting the investigation of Accidents
by Fire.
I add the report of the Attorney General.
2. This measure appears to be a useful one, and I beg to
recommend it for allowance.
Minutes by CO staff
Sir F. Rogers
Ordinance to empower investigations into fires.
Ordinance to empower investigations into fires.
The enquiry by the Stipendy Magistrate who is to examine
witnesses upon oath & to return their depositions to the Col.
Secrety, may be a useful measure and may facilitate
prosecutions for arson by securing the testimony of witnesses
directly after the fire.
But I
do not like Sect 4 which
provides for an enquiry before a Jury & a Verdict by them; a
proceeding in short something analogous to a Coroners inquest
in cases of death. I see no advantage to be gained by such a
verdict, as the Ordinance does not provide that—as in the case
of the finding upon a coroners inquest—a person may be
prosecuted upon the inquisition. The coroners inquisition,
which is the record of the finding of the Jury, amounts to an
indictment, & a person is arraigned upon it in the same way as
upon an indictment.
do not like Sect 4 which
provides for an enquiry before a Jury & a Verdict by them; a
proceeding in short something analogous to a Coroners inquest
in cases of death. I see no advantage to be gained by such a
verdict, as the Ordinance does not provide that—as in the case
of the finding upon a coroners inquest—a person may be
prosecuted upon the inquisition. The coroners inquisition,
which is the record of the finding of the Jury, amounts to an
indictment, & a person is arraigned upon it in the same way as
upon an indictment.
Nothing is provided in the Ordinance with respect to the effect
of the Jury's verdict or the mode of dealing with it. Is it to
be returned to the Col. Secrety?
The object of the Ordinance viz to get a speedy mode of
ascertaining the origin of Fires, is really secured by the
enquiry by a Stipendy Magistrate or Justice of the Peace
under the earlier sections of the Ordinance.
I should be disposed to point this out to the Govr & to
desire a repeal
or at all events further consideration of sect
4 & those sections which depend upon it.
HTH
16/7
The ordinance seems as near as circumstances admit to the form
of proceeding by Coroners in case of fire in England—a
proceeding not often adopted now—but perfectly well understood.
Sanction.
B&C
18/7
Documents enclosed with the main document (not transcribed)
Three printed copies of ordinance not on microfilm.
H.P.P. Crease, Attorney General, to Seymour, 25 May 1868,
reporting on the ordinance as per despatch.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 54, 23 July 1868 conveying “Her Majesty's Gracious confirmation and allowance of the British Columbia Ordinance No. 6 of 1868, entitled "An Ordinance respecting the investigation of accidents by fire."