No. 94
6th August 1868
My Lord Duke,
I have the honor to forward copy of a Bill sent up to me by the Legislative Council during its last Session entitled: No.Manuscript image No. [blank]. An Ordinance to Incorporate the Board of Trade of the Sisters of Saint Ann, of the City of Victoria, in the Colony of British Columbia, for Educational Purposes.
2. I add the report of the Attorney General. Agreeing in the objections taken by him to the proposed measure, but unwilling to deprive the excellent ladies referred to of any chance they might have of IncorporationIManuscript image I did not disallow the Bill, but, as it appears, assumed a power I do not possess. I reserved it for the signification of Her Majesty's pleasure.
3. The cause of delay in transmitting this Bill has been the illness of the Attorney General. No injury to any one has however been caused by this delay.
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 10 Sept
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Mr Elliot
I think the reasons urged against this Bill by the AG are good, & that the Govr should be informed that HG does not feel himself at liberty to advise HM to allow the Bill to become Law.
Point out to the Govr that instead of reserving the Bill he should have refused to assent to it unless a suspendg clause was inserted. (There is a confidl despatch 9941 upon this question of reservation.)
HTH 11/9
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There is an allusion in the AGs report to Upper Canada. I have caused an inquiry to be made, & no record of any similar proceedg is to be found except that in 1828 a petition was transmitted for Incorporatg by Charter the R. Catholic Bishop & others & the answer returned was that the Secy of State did not feel himself at liberty to advise HM to comply with the prayer of the petition. (U. Can. Vol. 3. p. 270.)
TFE 11/9
CBA 12/9
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What are the circumstances as to the Board of Trade Emmanuel in Victoria referred to by the A. Gen.?
B&C 14/9
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Duke of Buckingham
The Ordinance referred to in your minute was sent over without comment & sanctioned without comment by O. in Council in 1864—(11921/64 V. Island).
It incorporated an Israelite Congregation named "The Emmanuel of Victoria Vancouver Island."
Practically the powers given by that Ordinance & the one under consideration are much the same.
The Emmanuel Corporation were empowered to purchase & hold any land &c which may be "necessary & proper" for carryg out the objects of the Body Corporate or which may be granted to the Corporation in manner by law prescribed. They might also frame articles of constitution, a copy of which was to be deposited with the Col. Secretary.
If the incorporation is to be allowed, a fresh ordinance should be introduced, as HM cannot assent to a bill wrongly reserved—with a suspending clause; and it might be well to discuss an amendment to be made to meet the objection pointed out by the AG in the 13th paragraph of his Report, and further to require that a copy of the existing articles of constitution & of all rules & regulations made by virtue of the Ordinance should be lodged with the Colonial Secretary, the former within [blank] days after the passing of the Act, the latter within [blank] days after their being made.
HTH 16/9
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I shd disallow.
B&C 18/9
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Mr Robinson
The Govr wrongly reserved this Bill instead of assenting to it. I think the proper way to carry out HG's decision will be to inform the Govr by Despatch that HG considers the Ordinance objectionable for the reasons stated by the A.G. & [remainder cut off microfilm].
Documents enclosed with the main document (not transcribed)
Three printed copies of ordinance not on microfilm.
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H.P.P. Crease, Attorney General, to Seymour, 4 August 1868, reporting negatively on the ordinance as per despatch.
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 79, 25 September 1868 informing Seymour that an Ordinance to incorporate the Society of the Sisters of St. Ann of the City of Victoria, in the Colony of British Columbia, for Educational purposes is disallowed for the reasons stated by the Attorney General.