No. 125
24th September 1867
My Lord Duke,
In reply to Lord Carnarvon's Despatch No 14 of the 15th of February last, I have the honor to acquaint Your Grace that I have made careful enquiries in respectofManuscript image of the extent of the Public Park at Victoria sold in error by the Hudson's Bay Company, and of the sum received for it, and I enclose herewith copy of reports I have obtained on the subject from Mr Young the Colonial Secretary and Mr Pearse the Acting Surveyor General of the late Colony of Vancouver Island.
2. It appears from these papers that the exact extent of public landerroneouslyManuscript image erroneously sold is five acres and one quarter, and that the money value accruing to the Hudson's Bay Company in consequence may be fairly estimated at $1700 or £350.10.4.
3. I notice that no allusion is made to the matter of Lot Z, which is very much in the same category with the Sale of the portion of the Public Park. From all that has transpired upon this subject I thinkitManuscript image it would be a cause of future regret if the present opportunity were allowed to pass without this affair being arranged. I know not whether Her Majesty's Government may coincide in the views expressed in the report forwarded by Governor Kennedy in his Despatch No 81 of the 20th October 1866, so far as Lot Z is concerned, but whether it may be so or not, or whether the Hudson's Bay Company may or may nothaveManuscript image have also agreed to refund the purchase money of Lot Z, I would urge to avoid future complications and annoyance that the matter should be settled at once.
There is every reason to believe that only a small instalment of the purchase money of Lot Z has been paid to the Hudson's Bay Company, and it is certain that no title has been issued.
The matter can therefore be easily arranged by theCompanyManuscript image Company. But should Your Grace decline to interfere I believe that a compromise can be effected in respect of the refund to be made for the Park Land, and that if the one matter be allowed to balance the other the local authorities of the Hudson's Bay Company can arrange the matter with Mr Lowenberg and put the Government again in peaceful possession of Lot Z upon the understanding that by sodoingManuscript image doing the claim on them for the refund on account of the Park land will be discharged. Should Your Grace approve of this suggestion I will as soon as practicable endeavor to carry it out.
4. This proposition is very favorable to the Hudson Bay Company and is a virtual surrender of the just claim of the Crown to the land, but it seems a ready and liberal way ofendingManuscript image ending a troublesome and complicated business.
I have the honor to be
My Lord Duke,
Your most obedient
humble Servant
Frederick Seymour
Minutes by CO staff
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Sir F.Rogers
This must go to the Land Bd. As regards lot Z the Comrs reported (see par: 6 of 11971) that the sale was a good one & that they recommended that the money to be recd for Beacon Hill Park shd beManuscript image should be [sic] spent in repurchasing lot Z. Hence the Govrs despatch of 20 Oct. 1866 to which he refers (see 11379) has remained in abeyance.
CC 5 Novr 67
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At once.
FR 6/11
Documents enclosed with the main document (not transcribed)
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W.A.G. Young to Seymour, 7 June 1867, reporting on the particulars of the sale of a portion of Beacon Hill Park by the Hudson's Bay Company.
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B.W. Pearse, late Acting Surveyor General, to Young, 2 May 1867, reporting on the size of the parcel erroneously sold by the company, and the money received for it, with sketch map appended.