Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to
Cardwell, Edward 14 July 1864, CO 305:22, no. 8115, 363.
Abstract
Kennedy, Arthur to
Cardwell, Edward 14 July 1864, CO 305:22, no. 8115, 363.
Despatch to London.
Minutes (6), Enclosures (untranscribed) (2), Other documents (1).
No. 46, Legislative
14th July 1864
Sir
I have the honor to submit an Act respecting Barristers and Attorneys
at Law passed by the Legislature of this Colony on which I have
reserved my Assent in consequence of the advice of the Attorney
General whose observations on this Act I enclose.
This Act passed both branches of the Legislature, and my individualopinion
opinion is in favour of its becoming Law.
opinion is in favour of its becoming Law.
I do not feel justified in setting aside the advice of the Attorney
General without a higher opinion which I have no means of obtaining
here.
I would therefore beg that I may be aided by the opinion of the Law
Officers of the Crown as to whether they think Mr Attorney General
Carey's objections are sufficiently weighty to justify me in
refusing assent to this Bill.
I
I would beg for this opinion at as early a period as possible.
Minutes by CO staff
Reserved for Sir F. Rogers
TFE
1/9
Is not this the result of a controversy in which a Canadian attorney
a Scotch writer or both took part? If so I shd like to see the
previous papers.
Papers annexed.
ABd
19 Sep
There is more than meets the eye in all this. There has been an
unaccountable opposition to the free admission of lawyers to practice
at the V.C.I. Bar—and the minute of the Atty Genl suggests the
idea that he wishes to keep that practice to himself & a few friends.
I would answer that the Govr will do well to assent to this Act, if
it is still competent to him to do so. But that Mr C so far agrees
with the Atty Genl as to think that the Law ought to invest
the Supreme Court or some other authority with the power
[of] excluding barristers or solicitors from practice in case of any
disgraceful conduct.
Or shd it be referred (as the Govr suggests) to the Law Offrs of
the Crown?
FR
20/9
To Law Officers.
EC
27
Documents enclosed with the main document (not transcribed)
"An Act respecting Barristers and Attorneys at Law," passed by
the Legislative Assembly 2 November 1863 and by the Legislative
Council 6 April 1864 (seven pages).
Extract, Attorney General George Hunter Cary to [Kennedy], 7
July 1864, objecting to the provisions of the act as being "loose and
unguarded," with explanation.
Other documents included in the file
Rogers to Attorney General and Solicitor General, 5 October 1864,
forwarding copies of the despatch and enclosures, and asking them to
give the matter their joint consideration and report their opinions.