Gov. 855/
9208
Governor Douglas.
No 1.
6 Jany 58.
Sir,
I have had under my consideration the Rules of practice for the Supreme and Inferior Courts of Civil Justice of Vancouvers Island which accompanied your despatch No 25 of the 28 of July last.
These Rules appear to me to require revision before they can be submitted for Her Majesty's approval, & I therefore transmit the following documents for the guidance of the Chief Justice.
1. A draft amendment of the Rules of practice of the Supreme Court
2. A draft of an Act to establish a Court of Summary Jurisdiction
3. Amendments of Rules of practice for Inferior Courts.
The first of these drafts will, with the aid of the marginal notes, sufficientlyManuscript image explain the objections taken to the Rules as framed by the Chief Justice, & the amendments which I conceive to be required. The object of the draft Act is to remedy a fundamental objection to which the Rules for the Inferior Court are open.
The Supreme Court has authority over Inferior Courts, but it is not itself such a Court (as is shown by the provision that its rules are to analogous to those of the Superior Court at Westminster) not has it the power to constitute an Inferior Court of Law which can only be done by Legislative enactments. The Draft Act therefore remedies the objection by adopting the English County Court Act, but it gives at the same time a retrospective effect to the Rules as framed by the Chief Justice.
You will explain to the ChiefManuscript image Justice that these drafts are intended to assist him in effecting legally the object he has in view, but it is necessary that he should satisfy himself that they will have that effect, and he will make such modifications as the practice a circes of Vcouvers Island may require.
I have etc.
People in this document

Douglas, James

Labouchere, Henry

Places in this document

Vancouver Island

Labouchere, Henry to Douglas, James 6 January 1858, CO 410:1, 116. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V587001.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)