Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Governor Frederick to
Carnarvon, Earl 12 April 1867, CO 60:28, no. 5793, 61.
Abstract
Seymour, Governor Frederick to
Carnarvon, Earl 12 April 1867, CO 60:28, no. 5793, 61.
Despatch to London.
Minutes (3), Enclosures (untranscribed) (1), Other documents (1).
No. 64
12th April 1867
My Lord,
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 Ordinanceauthorizing
authorizing
the sale of the Real and personal Estates of Intestates.
authorizing
the sale of the Real and personal Estates of Intestates.
2. I append the report of the Attorney General. I regret
to see that he considers the ordinance to be highly objectionable. Had I
been aware of this, in time, I should have returned the bill to the
Council for amendment. I may however mention that the great majority of
Members were in favour of the measure as it nowstands.
stands.
stands.
Minutes by CO staff
Mr Elliot
Ordinance authorizing Sale of Real & Personal Estates of Intestates. I do not feel any objection to the power vested in the Judge to sell &c the "personal" as well as "real" estate upon good cause being shewn that such sale &c would be advantageous to the Estate. Any defect in the working can readily be amended.
Ordinance authorizing Sale of Real & Personal Estates of Intestates. I do not feel any objection to the power vested in the Judge to sell &c the "personal" as well as "real" estate upon good cause being shewn that such sale &c would be advantageous to the Estate. Any defect in the working can readily be amended.
As to the objection of the Attorney General to the alteration
made by sec. 3 it appears to me that the Court would still
retain power over the fund. The monies are to be paid into Court,
& to be transferred under the orders of the Court (sec. 2)
and under these circumstances I can hardly doubt but that the
order of the Court must be obeyed in whatever name the monies stand.
But as the Attorney General objects, and as no reason has
been assigned for departing from what appears to me to be the
more correct mode of keeping the account, viz paying the monies
to the credit of the Accountant General of the Court; and as
another point is raised as to the section about fees, I would
suggest that the Govr should be informed that looking to the
objections raised by the Attorney General, and to the statement
that had the Govr been aware of those objections he would have
returned the Bill to the Council for amendment, His Grace
though approving of the main object of the Ordinance, desires
before advising HM upon the Ordinance to be informed for what
reason the alteration was made in requiring the payment in to
the credit of the General Revenue instead of to the credit of
the Accountant General; & further to be informed whether the
question of the payment of fees was duly considered or simply
adopted from the former Act 29 Vict No 8, as it appears to
His Grace that fees upon a low scale might very properly be taken.
Yes, & suggest that an ordinance amended in these particulars
shd be passed in substitution.
B&C
25/6
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Seymour, 31 March 1867,
reporting on the ordinance as per despatch.
Other documents included in the file
