No. 89
5th August 1868
My Lord Duke,
I directed a Bill to be brought before the Legislative Council to effect the amendments in the Ordinance No. 32ofManuscript image of 1867, "An Ordinance to give to Mortagees certain powers now commonly inserted in Mortgages," suggested in Your Grace's despatch No. 80 of the 13th November 1867. The Bill was thrown out towards the end of the session. It now then rests with Your Grace to determine whether the Ordinance No. 32 of 1867, which contains a suspending clause, shall be brought into operation or not.
2. Having a slight feelingofManuscript image of objection to the measure in its present shape, I consulted the Executive Council as to the nature of the advice I should tender to Your Grace on the subject.
The Attorney General was in favour of the Bill.
The Surveyor General was opposed to it.
The Collector of Customs said he knew nothing about it.
The Colonial Secretary was against the Bill, so was the Police Magistrate ofNewManuscript image New Westminster. But neither supporters nor opponents appeared to care much about the matter. It created but little interest. If therefore it contains provisions objectionable to Your Grace I do not see that the Ordinance should be brought into operation.
I have the honor to be,
My Lord Duke,
Your Grace's most obedient,
humble Servant.
Frederick Seymour
Minutes by CO staff
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CC 11 Sept
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Mr Elliot
The amendments which were suggested by HG have not been made, and as the Ordinance gives a mortagee power to purchase—a power which requires careful checks to be placed upon it to prevent injustice being worked upon the mortgagor—and the Legislature have not chosen to guard this power in the way suggested by the Attorney General & approved by HG, I wd inform the Govr that HG is not prepared to adviseManuscript image HM to sanction the Ordinance. The result will be that the Ordce which has a suspending clause will not come into operation. There does not seem to be any strong feeling in favor of the Ordinance.
HTH 10/9
TFE 11/9
CBA 12/9
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I agree but the despatch shd point out I think the probable consequences which might result from the measure in its present shape.
B&C 14/9
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 76, 21 September 1868 informing Seymour that Ordinance No. 32 of 1867 will not receive Her Majesty's sanction and describing the negative impacts the ordinance would have on British Columbia without Buckingham’s recommended amendments.