No. 13
Downing Street
15 February 1867
Sir,
I have received Governor Kennedy's despatch No. 76 of the 28th September transmitting the Acts passed during the last Session of the Van Couver Island Legislature.
I have reported to Her Majesty in Council my opinionthatManuscript image that nine of these Acts should be left to their operation, and I have the honor to transmit to you an Order of Her Majesty in Council dated the 2nd February approving that Report.
I entertain much apprehension as to the effect of the Act No. 2 "to amend the Liquor License Act 1861" which reduces the license fee on Spirit shops within three miles of a Town from 60£ to 12£. The effect will of course be somewhat to diminish the number of such places in the towns but to encourage their growth in theManuscript imagethe suburbs. I fear that on the whole the effect will be to stimulate the consumption of spirits in places where it is particularly desirable to discourage it, combining as far as possible the greatest facility for indulgence with the least facility for inspection. Such a result would be eminently undesirable in the middle of an Indian population: and I cannot without further explanation recommend that such a law should receive Her Majesty's sanction. Such an explanation I request you will communicatetoManuscript image to me together with a report on the actual working of the Law.
I cannot but acknowledge the propriety of the motives with which the ie Legislature has passed the Act No. 6 "to exempt the Homestead and other Property from forced Seizure and Sale in certain cases;" and I do not willingly interfere with the operations of a law passed to meet the exigencies of a rising community. I would however point out that enactments of this nature have a strong tendency to encourage recklessness in the transactionofManuscript image of business which it should be the object of legislation to discountenance. And I think that more might be done to prevent this consequence. For example extraordinary recklessness might be in some degree punished by providing that the Homestead should not be exempt from seizure in cases of bankruptcy, unless the assets of the bankrupt divided among his creditors amounted to twice the value of the Homestead.
Perhaps also it might be provided that if a bankrupt thus retained from his creditorspartManuscript image part of his existing property, these creditors should retain some corresponding or more than corresponding him [?] on his after acquired property, which if the cession had been complete, would have been absolutely free from liability.
Before giving Her Majesty any advice respecting the confirmation of this Act, I should wish to receive a report from you when the means of diminishing the encouragements which it may afford to reckless ordishonestManuscript image dishonest speculation.
I have the honor to be
Sir,
Your most obedient
humble Servant
Carnarvon

People in this document

Carnarvon, Earl

Kennedy, Arthur

Seymour, Frederick

Places in this document

Vancouver Island

Carnarvon, Earl to Seymour, Frederick 15 February 1867, NAC RG7:G8C/14, 59. 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/B677013.html.

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