Colonial Despatches

I have to acknowledge the receipt of your Despatch No. 89 of the 5th of August, in which you inform me that the Legislative Council have declined to effect the Amendments in Ordinance No. 32 of 1867 which were suggested in my Despatch No. 80 of the 13th November.

Upon a reconsiderationof of the subject, I retain the opinion that without these amendments the Ordinance is not one which should receive Her Majesty's sanction.

No reason has been assigned why the period of time fixed by the Eleventh Section of the Imperial Act 23 and 24 Victoria C. 145 (upon which this Ordinance is based) should have been reduced, and in the absence of any special reason, I am of opinion that such reduction is uncalled for, and might tend to abuse.

The power given to a Mortgagee to purchase the mortgaged premises is new, and if grantedrequires requires to be carefully guarded to secure proper protection to the Mortgagor. Certain checks upon the Mortgagee may be imposed by the Court or Judge under Section 6 of the Ordinance, but it may be doubtful whether the condition which was imposed by the proposed amendment could be imposed under the Section as it now stands. Moreover I am disposed to think that this condition should not be left at the discretion of the Court or Judge but should be absolute in order effectually to check, if not altogether to prevent a Mortgagee from making a forcedsale sale and thereby unduly injuring the Mortgagor.

Under these circumstances I am not prepared to advise Her Majesty to sanction the Ordinance.