Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
20 April 1871, CO 60:43, no. 5086, 447.
Abstract
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
20 April 1871, CO 60:43, no. 5086, 447.
Despatch to London.
Minutes (10), Enclosures (untranscribed) (1), Other documents (2).
No. 47
20th April 1871
My Lord,
I have had the honor to receive Your Lordship's Confidential
Circular Despatch of the 10th January last, respecting a
question lately raised in a West Indian Colony as to thepower
power
of the Governor to deal with the custody and management of
Idiots and Lunatics and their Estates, no such power being
specially delegated to him by his Commission or Instructions.
power
of the Governor to deal with the custody and management of
Idiots and Lunatics and their Estates, no such power being
specially delegated to him by his Commission or Instructions.
2. I forward for Your Lordship's information a Memorandum from
theChief
Chief Justice on the subject of that Despatch from which it
appears that he regards legislation upon the matter as scarcely
necessary. As Your Lordship's Despatch reached me only a very
little while previously to the close of the Session, and time
was not afforded for due consideration of so important asubject
subject, I have thought it most prudent to take no action until
reference could again be made to Your Lordship; and nothing
could now be done before the proposed Union of this Colony with
the Dominion of Canada.
Chief Justice on the subject of that Despatch from which it
appears that he regards legislation upon the matter as scarcely
necessary. As Your Lordship's Despatch reached me only a very
little while previously to the close of the Session, and time
was not afforded for due consideration of so important asubject
subject, I have thought it most prudent to take no action until
reference could again be made to Your Lordship; and nothing
could now be done before the proposed Union of this Colony with
the Dominion of Canada.
Minutes by CO staff
Mr Holland
Custody & Management of Idiots Lunatics & their Estates.
Custody & Management of Idiots Lunatics & their Estates.
As B.C. is about to be merged into the Dominion of Canada there
would appear to be no necessity to pursue the matter further so
far as the
separate Colony is concerned.
Put by.
WR
28/5/71
The Union will make no difference, as this is a subject which
would be dealt with by the Provincial Legislature, not by the
Parliament of Canada. And it appears to me that there is sufficient
doubt upon the question whether the Supreme Court has this
jurisdiction to make it advisable to instruct the Govr after
the Union has been effected to bring the matter under the
consideration of his advisers.
HTH
27/5
So proceed.
EHKH
29/1/71
No. But does not Mr Holland mean the Governor General of
Canada?
WD
2/6
I referred, as Mr Dealtry supposes, to the Govr General, but I
regret that I did not make my meaning clear. I meant that
copies of these papers should, after the Union has been
effected, be transmitted to the Govr General with instructions
to bring them under the notice of his advisers, in order
that if they should think it desirable, Ld Lisgar might advise
the Lt Govr with the assent of his Ministers to cause a
Bill to be introduced to remove all doubts.
HTH
2/6
So proceed.
K
June 2/71
Documents enclosed with the main document (not transcribed)
M.B. Begbie, 10 April 1871, memorandum on "Lunacy
Jurisdiction," as per despatch (twelve pages).
Other documents included in the file
Minutes by CO staff
Mr Holland
I have drafted this at once. Shall it be sent or delayed until the union has been completed?
I have drafted this at once. Shall it be sent or delayed until the union has been completed?
I would send it at once—& would send a copy of it to Govr
Musgrave in reply to his Despatch No 47 (5086).
