Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Governor Frederick to
Grenville, Richard 30 August 1867, CO 60:28, no. 10372, 373.
Abstract
Seymour, Governor Frederick to
Grenville, Richard 30 August 1867, CO 60:28, no. 10372, 373.
Despatch to London.
Minutes (4), Enclosures (untranscribed) (1), Other documents (1).
No. 98
Victoria
30th August 1867
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. 34.
No. 34. An Ordinance to amend the Laws
relating to Gold mining.
I add the Attorney General's report.
No. 34. An Ordinance to amend the Laws
relating to Gold mining.
I add the Attorney General's report.
2. I hardly venture to recommend this measure formally
for allowance, inasmuch as the present disturbed state of Cariboo,
alluded to in my despatch No. 92 of the 16th August, will
probably lead to a reconsideration of the Gold Mining Laws at the
approaching Session ofthe
the Council.
the Council.
Minutes by CO staff
Mr Elliot
Gold Mining Law. This Ordinance practically extends to V. Island the Gold Mining Law of the mainland. There is (as pointed out by the AG) one important difference. The Act of 1865 by sec 10 allowed an appeal from the Gold Commissioner in civil cases over £50 to the Supreme Court. By the present Act
(sec 17) an appeal is allowed in civil cases over 250 dollars,
but only on points of law. Decisions of the Gold Commissr
on questions of fact are to be conclusive.
Gold Mining Law. This Ordinance practically extends to V. Island the Gold Mining Law of the mainland. There is (as pointed out by the AG) one important difference. The Act of 1865 by sec 10 allowed an appeal from the Gold Commissioner in civil cases over £50 to the Supreme Court. By the
present Act
(sec 17) an appeal is allowed in civil cases over 250 dollars,
but only on points of law. Decisions of the Gold Commissr
on questions of fact are to be conclusive.
This change has
always been strongly urged by the miners probably with the view
of preventing vexatious appeals & consequent delay. But it has
been made (accordg to the Attorney General) against the general
feeling of the Legislative Council & the Report of a Law Committee.
The Attorney General recommends that the Ordce be disallowed,
or sent back for attention.
I confess that it appears to me that
the Gold miners are probably the best judges as to a question of
this kind. They are willing to treat the Commissioner (who is
appointed by the Governor) as an arbitrator is treated in England,
& to let his decision be binding upon questions of fact. There is
nothing unreasonable in this, but rather the reverse. There is
no doubt more difficulty about not allowing an appeal from the
verdict of a Jury.
You will see by the accompanying papers 10373
that
a question has arisen in Cariboo upon this question of appeal.
a question has arisen in Cariboo upon this question of appeal.
Upon the whole, I should be disposed to inform the Govr
that before advising HM upon this Ordinance, HG desires to be
furnished with a copy of the Report of the Law Assimilation Committee
referred to by the A. General in his report; & that, as at present
advised, HG thinks that though an appeal might fairly & reasonably be
dispensed with from the decision of a Commissr upon questions
of fact, he entertains doubts whether it is desirable to take away
the right of appeal from the verdict of a jury in all cases;
though it may, perhaps, be desirable to do so where the subject
matter in dispute does not exceed a certain amount.
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Seymour, 28 August 1867,
reporting on the ordinance as per despatch.
Other documents included in the file
