Sir F. Rogers
Homestead Ordinance. This Ordinance is exactly similar to
a Homestead Ordinance passed in
V. Island last year, except that
by this Ordinance the homestead need not be "the bonâ fide place of
abode of the owner" as was provided by the act of
1866; and that a
new provision is made for a widow by sect. 10.
The Homestead Act
of
V. Island has never been sanctioned. Several of the provisions
were objected to and indeed the principle of the Act was considered
defective, & likely
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to lead to reckless speculation. A report was
asked for (10631) and a report has just been received, (10833
B.
Columbia) which I send on with these papers, as they may be
considered together.
The Governor, fully admitting some of the objections to this
Ordinance, approves the principle generally & thinks the Ordinance
will tend to promote the settlement of the Country.
The Attorney General on the other hand is strongly opposed to
the Ordinance, as tending directly to encourage fraud. He admits,
however that nearly all the members of the Legislative Council except
the Chief Commissioner & himself were not opposed to the principle
of this measure.
He is further distinctly opposed to some of the leading details
of the Ordinance, but he does not think the limitations suggested
from home in the despatch of 16 Feb 1867 could be carried out.
(See 10833.)
The
V. Island Act must have been in operation a whole year, but,
curiously enough, neither the Governor or the Attorney General
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state
what has been the effect of the working of the Act during that
year—whether owners have extensively availed themselves of the Act,
or otherwise.
I confess I have great difficulty in advising upon this
Ordinance. I am quite alive to the force of the
objections that have been raised
against the measure; but, on the otherhand, it is a measure calculated,
in the opinion of a large majority of the Colonists, and of the
Governor, to induce persons to settle in the Colony & remain there,
a consummation devoutly to be wished considering the state of the
Colonial Finances.
I should not be disposed, under all the circumstances, to
disallow
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the Ordinance, but would inform the Governor that though
His Grace entertains the same doubts as to the practical effect of
the working of this Ordinance as those which he expressed in his
Despatch of the
15 February with reference to the Act of
Vancouver's Island & yet, under the circumstances, he has not
thought it necessary at present to advise that this Ordinance
should be disallowed. That whether it will be necessary for HG
to do so hereafter must depend upon the reports he receives from
the
Gov of the actual working of the Act; and that he desires
that such reports should be sent to him from time to time. Such
reports should (amongst other things) contain full accounts of
the number of Homesteads registered, and the form in the Schedule
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under which they have been registered, and should also, as far as
possible, state whether any of the owners who have so registered
have since become bankrupt.
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And whether the homesteads are supposed to be registered.
HG should also be informed whether the expectation that this
Ordinance would tend to facilitate settling in the Colony has been
realized.