No. 50
4 September 1863
Sir,
I have received your Despatch No. 40 of the 7th of July enclosing the copy of a Proclamation entitled "The Sunday Observance Act 1863" No. 6.
I have no doubt that the object of this Act is good but I think it would have been better in a matter concerning the ordinary life of individuals if instead of merely adoptingcertainManuscript image certain Imperial Statutes probably inaccessible to the large majority of the Colonists, and which are partially obsolete in this Country as with regard to the punishment of the Stocks (1 Car 6.1 and 29 Car 11.6.7) you had framed certain regulations enacting formally and in words, so much of the English Law as was properly applicable to British Columbia.
Nor do I see what object could be answered by adopting the Act 13 Vict. C. 23, which is also wrongly described.
The Act 13 Victoria does but alter "An Act of Henry the 6th." And if the Act of Henry the 6th isinManuscript image in force in British Columbia it is quite clear that the amending Act being passed before British Law was introduced to the Colony is also in force there without express adoption.
This error is so obvious that I am surprised that it did not attract the attention of the Attorney General whose report I may observe does not accompany the Proclamation.
I have not advised the disallowance of the Act but I should wish you to submit to the Legislative Council the propriety of repeating it and re-enacting it in an amended form.
I have the honor to be
Sir
Your most Obedient
Humble Servant
Newcastle
People in this document

Douglas, James

Pelham-Clinton, Henry Pelham Fiennes

Places in this document

British Columbia

Pelham-Clinton, Henry Pelham Fiennes to Douglas, James 4 September 1863, NAC RG7:G8C/10, 577. 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/B637050.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)