No. 123
23rd September 1867
My Lord Duke,
I have had the honor to receive a despatch from Your Grace's Predecessor, marked No. 13 and dated 15th February 1867, on the subject of certain Acts whichhadManuscript image had been passed by the late Legislature of Vancouver Island.
2. The objections to two of the measures in question taken by the Earl of Carnarvon have been referred to the Attorney General whose report I enclose. I will however briefly state my own opinion additionally.
3. I do not think that the Act No. 2 "to amend the Liquor license Act 1861," works prejudicially. The suburbs of Victoria are extremely prettyandManuscript image and it is found a great relief to the people to drive out and spend their holidays in the cheerful tea gardens which are scattered about within a few miles of the town. There is no destitution here and but little drunkenness. The American system prevails of taking small draws at irregular hours. I have not had any complaint from the Police respecting the rural public houses in thisvicinityManuscript image vicinity, nor have I witnessed any irregularities therein.
4. The Attorney General is not favorable to the principles of the Act No. 6 "to exempt the Homestead and other property from forced seizure and sale in certain cases." It may have faults of detail and yet I am of opinion that it has the tendency to promote the settlement of the country. The measure was received with great favour in the Legislature of the UnitedColonyManuscript image Colony and was extended over the Mainland.
I have the honor to be,
My Lord,
Your most obedient,
humble Servant.
Frederick Seymour
Minutes by CO staff
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CC 6 Nov
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Sir F. Rogers
A report was desired upon 2 Acts of V. Island.
The report as to No 2 (Liquor Licence Act) appears satisfactory & that Act might be sanctioned.
The report as to No 6 The Homestead Act is not so satisfactory. The Govr still approves of the principle of the Act & the Attorney General strongly opposes it. Since this Act was passed it has been repealed by a B. Columbian Ordinance which however practically extends its provisions to the whole Colony. For my view of the question I will only refer to the minute on 10811 B Columbia—sent on herewith.
If the B. Columbian Act is not disallowed, no notice need be taken of this V. Island Act since it is repealed by the Ordce. If the B Columbian Ordce is to be disallowed, this Act would (I apprehend) share the same fate.
HTH 6/11
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I agree. Sanction the Liquor Licence Act—as to the Homestead Act vide 10811.
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I should sanction both. The latter with all its objectionableness has the general will of the place & cannot be amended; & should not be disallowed here.
CBA 9/11
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Sanction both—but request operations of the latter to be watched that if any of its provisions are found to give facility for fraud or evasion of liabilities—necessary amendments may be made by Legislature.
B&C 12/11
Documents enclosed with the main document (not transcribed)
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H.P.P. Crease, Attorney General, to Seymour, 11 May 1867, reporting on the liquor licence and homestead acts.
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 83, 15 November 1867 conveying “Her Majesty's gracious Confirmation and allowance of … No. 2 "To amend the Liquor License Act 1867" and No. 6 "to exempt the Homestead and other property from forced seizure and sale in certain cases"” from “late Legislature of Vancouvers Island.”