No. 46, Legislative
4 November 1862
I have the honour to forward herewith, the six undermentioned Acts, together with the Attorney Generals Report thereon: 1. No 3. "The Lillooet Alexandria Road Toll Act." 2.Manuscript image 2. No 4. "The Lytton Alexandria Road Toll Act." 3. No 6. "The Sunday Observance Act 1862." 4. No 7. "The Lytton Alexandria Tolls Act 1862." 5. No 8. "The New Westminster Municipal Extension Act No 2." 6. "Rules and Regulations under the Gold-fields Act 1859."
By the first and second of these Acts are imposed Tolls each of one half-penny sterling per pound weight on goods and of oneShillingManuscript image Shilling per head on cattle, passing or carried along any part of either of the routes; and the fourth Act was passed to restrain attempted evasions of the second Act; their sole object is to raise a Revenue for defraying the cost of making and keeping the Roads in repair. The first two Acts provide also for the repayment, with interest, out of the said Tolls, of all Government advances made during the construction oftheManuscript image the roads as loans to the Contractors, for whose benefit the said Toll will thereafter be collected for the unexpired term of five years from the 1st of September 1862, subject only to the cost of repairs and necessary deviations. It was also thought expedient to reserve a power to redeem the roads, at a fair valuation, within eighteen months of the date of these Acts, should that course be considered desirable.RulesManuscript image
—Rules and Regulations—
This Act has a two-fold object, first to render the owners of mining races responsible for all damage to public roads caused by leakage or improper construction of races, and secondly to protect the public against exorbitant claims for compensation by the owners of water privileges, or races, crossing, or running parallel to any line of public road; and provided for the settlement of all reasonableclaimsManuscript image claims, in case of injury to such property.
The Sunday Observance Act was passed to remove doubts which had arisen as to the powers of Magistrates in enforcing the proper observance of the Lord's Day.
The New Westminster Municipal Extension Act was passed on a requisition of the inhabitants, to enable the Municipal Council to borrow money, on the security of the City Revenue, for the construction of Streets and other public Works; and toimposeManuscript image impose special taxes, by the passage of a Bye-law, for the repayment of such loans.
Trusting that these Acts may meet with approval.
I have the honor to be
My Lord Duke,
Your graces most obedient
and humble Servant
James Douglas
Minutes by CO staff
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Sir F. Rogers
The Road Toll Act passed in 1860 has not yet been approved for the reasons stated in the Minutes on 1547. No objection however has been raised to the Act in the Colony.
VJ 23 Decr
Duke of Newcastle
Sanction 3 & 4 and 7 (Tolls Acts) though it is a little unsatisfactory to observe that high tolls appear to be producing evasion.
Reserve the decision on 6 (Sunday Trading) pointing out that the Proclamation should print in a schedule or at least specify by reference the English Acts wh the Law introduces. How is an American immigrant without such intimation to know the penalties to wh he is liable.
Reserve the decision also in No 7 observing that it seems at first sight very improper to tax water carriage in order to improve land carriage. But ask for explanation.
Sanction No 8 Municipal Loan.
No 9 to Land Board (I think appeal should be allowed when the sum claimed was greater than 200£ even though the decision was for less (S. 6) subject to some additl risk on the part of the applicant or [rest of line cut off microfilm].
N 25
Documents enclosed with the main document (not transcribed)
Copies of ordinances not in file.
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H.P.P. Crease, Attorney General, to Colonial Secretary, 22 August 1862, reporting favourably on Lillooet-Alexandria and Lytton-Alexandria Road Tolls Acts.
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Crease to Colonial Secretary, 15 September 1862, reporting favourably on the Rules and Regulations under the Gold Fields Act 1862 and the Lytton-Alexandria Road Tolls Act 1862.
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Crease to Colonial Secretary, 18 September 1862, reporting favourably on the Westminster Municipal Extension Act No. 2.
Other documents included in the file
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Draft, Elliot to Emigration Commissioners, 6 January 1863, forwarding copy of the gold fields act for suggestions and observations.
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Draft reply, Newcastle to Douglas, No. 5, 17 January 1863.
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Draft reply, Newcastle to Douglas, No. 6, 22 January 1863.
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 4 November 1862, CO 60:13, no. 12258, 490. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B62046.html.

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