No. 49

I find among the papers in the Governor's office at
Victoria, Mr Secretary Cardwell's despatch No. 69 of 1st
December 1865 which would appear not to have been acted on in any
way. Mr Kennedy had recommended that a Law should be passed
dispensing with unanimity in a Jury in Criminal Cases. Mr
Cardwell states that he will be prepared to submit for Her Majesty's
sanction a Law passed for this object if that Law is otherwise
unobjectionable.

2. I am not aware that the present law has worked badly. I
referred the matter for the consideration of Mr Needham,
late Chief Justice of Vancouver Island, of Mr Begbie, Judge of
the Court of British Columbia, and of Mr Crease, the Attorney
General. Your Lordship will observe that all these are against
Mr Kennedy's suggested alteration. Under these circumstances
I shall not move in the matter without further instructions.