Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Hamilton, George Alexander to Rogers, Frederic 29 January 1862, CO 60:14, no. 976, 130.
Abstract
Public Offices document.
Minutes (2), Other documents (1).
Hamilton requests that Newcastle supply the Treasury with Douglas's justification for creating the position of
Registrar of Titles to Landin the colony and asks if Moody had been acting as British Columbia's land registrar previously. Reflecting the Treasury's reluctance to supply the new registrar's
large salaryof £500, Hamilton suggests that the current
Registrar of Superior Courtmight be able to take on these additional responsibilities. Blackwood minutes that Moody had, in fact, been acting as registrar and reports that Douglas was likely attempting to improve the colony's
imperfectland management system, which had been the cause of
error and confusion.
Hamilton to Rogers (Permanent Under-Secretary)
Treasury Chambers
29 January 1862
With reference to your letter of the 18 Inst, I am directed by
the Lords Commissoners of Her Majesty's Treasury to request that
you will move The Duke of Newcastle to forward to this Board the
Report of the Governor of British Columbia, relative to the creation of
a Registry of Titles to Land, also the Proclamation to which he refers.
My Lords also request tobe
be informed whether the duties proposed
to be assigned to the Registrar, or any part of them, are at present
performed by the Officer commanding the Royal Engineers for whose
Establishment a sum of £1200 was voted in the Estimates of 1861-2
under the head of "Commissioner of Lands and Works."
be informed whether the duties proposed
to be assigned to the Registrar, or any part of them, are at present
performed by the Officer commanding the Royal Engineers for whose
Establishment a sum of £1200 was voted in the Estimates of 1861-2
under the head of "Commissioner of Lands and Works."
Their Lordships observe in the Return of Appointments in British Columbia to 31 December 1860 the Office of "Registrar of Superior Court"
at a Salaryof
of £300, and They would suggest whether the Officer might
not be able to perform the duties of Registrar of Titles to Land,
in addition to his other duties, with an increased Salary, whereby
a separate appointment with the large salary of £500, as proposed,
might be avoided.
of £300, and They would suggest whether the Officer might
not be able to perform the duties of Registrar of Titles to Land,
in addition to his other duties, with an increased Salary, whereby
a separate appointment with the large salary of £500, as proposed,
might be avoided.
Minutes by CO staff
Mr Elliot
Suppy the despatch 10959/61 and Proclamation asked for.
Suppy the despatch 10959/61 and Proclamation asked for.
2. In the absence of a Dt for registering
titles to Lands we may assume, with little fear of being wrong,
that hitherto Colonel Moody's Office has performed those duties
incidental to the sale of Crown Lands. And, if you will turn to
6743/61, you will perhaps be of opinion with me that it may be
in some measure owing to the imperfect method of the Chief
Commr of Lands & Works in conveying the public land, leading
to error and confusion, that the Proclamn has been passed
sanctioning the establishment of a Registrar General, &
District Registrars, & putting the business of Land conveying
into proper form. There is no subject in a new Colony which
is of greater importance than that of land registration. The
want of accurate titles & registries have led to the ruin of
individuals, public discontent, & vexation to Governments & no
effort should be spared to avert such results in B. Columbia.
Hitherto Col: Moody has performed the registration duties, tho'
not satisfactorily accg to the Govr, yet as well, it may
be presumed, as he could. But now that Land has been reduced to
the selling price of 4/2 an acre a great impetus will have been
given & we may expect extensive sales. It is, therefore, clearly
necessary that there shd be an efficient Registry Dept.
Whether Mr Bushby—who is the Registrar of the Supreme Court
with £300 a year—can also attend to the business of Registrar
of Lands is more than we can determine satisfactorily in D.St
But I so far agree with the Treasury as to consolidation in thinking
that until the duties of one or other Office become too excessive
for the same individual to discharge the experiment might be
tried. Although B. Columbia is an expensive place it is becoming
less so than it was, and as the Judge of the Supreme Court only
receives £800 a year I think £500 a year ought to be a sufficient
remuneration for the performance of the combined duties of the Registrar.
Though I had a good deal to do with B. Columbia on its
first establishment I have no recollection of the name of "Bushby"
having been recommended to the Govr. The commn about him must
have been unofficial.
ABd
30 Jany
I should transmit to the Treasury the despatches and
Ordinance for which they apply, and should say
that with regard to the consolidation of Offices
suggested in their Lordships' letter, the Duke of Newcastle does
not feel that there is sufficient information in this Country to
arrive at a final opinion, but that His Grace will readily call
upon the Governor for a report on the subject.
Other documents included in the file
Draft,
Elliot to G.A. Hamilton, Treasury, 4 February 1862, forwarding
copy of the despatch and proclamation requested, and advising the
question of consolidation of the offices had been referred to the
colony.