Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 23 September 1867, CO 60:29, no. 10833, 166.
Abstract
Despatch to London.
Minutes (5), Enclosures (untranscribed) (1), Other documents (1).
Seymour responds to Carnarvon’s despatch commenting on Vancouver Island legislative acts. Seymour encloses objections to Carnarvon’s despatch from British Columbia’s attorney general and discusses
the Act No. 2andto amend the Liquor license Act 1861,
the Act No. 6Holland’s minute comments on the reports on both acts and discusses how disallowing British Columbia’s homestead act will impact Vancouver Island’s act. Minutes by Rogers, Adderley, and Buckingham discuss whether to sanction the acts and if the acts needed to be revised before sanctioning.to exempt the Homestead and other property from forced seizure and sale in certain cases.
No. 123
Victoria
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 whichhad
had been passed by the late
Legislature of Vancouver Island.
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 prettyand
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 thisvicinity
vicinity, nor have I witnessed any irregularities
therein.
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 thisvicinity
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 UnitedColony
Colony and was extended
over the Mainland.
Colony and was extended
over the Mainland.
Minutes by CO staff
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
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
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)
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
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.”