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Public Offices document
Murdoch, Thomas William Clinton to Rogers, Frederic 20 January 1868, CO 60:34, no. 739, 159.

Abstract
Public Offices document. Minutes (3), Other documents (1), Marginalia (1).
In reference to Allman’s application to claim land on Vancouver Island, Murdoch discusses the legal rights soldiers have to claim a grant of land on Vancouver Island following the union of the two colonies and the process soldiers need to follow to claim land on the mainland of British Columbia. Rogers’s minute confirms that the despatch should be forwarded to Chamberlayne. Cox’s minute asks Rogers to consider a point of Colonial Regulation regarding informing a colony’s governor when a soldier requests a grant of land.
Murdoch to Rogers (Permanent Under-Secretary)
Emigration Board
20th January 1868
Sir,
I have to acknowledge your letter of 16th inst, with one from Coll Chamberlayne submitting an application from Lieut Allman, of the 3rd West India Regt, for a grant of land in Vancouvers Island, on his retirement from the service to become a Settler in the Colony.
2. In Vancouver's Island before its union with B. Columbia no privileges in the acquisition of lands were granted to MilitaryManuscript image and Naval officers becoming Settlers there—and Crown Lands could be obtained only by purchase on the conditions specified in the Proclamation dated 6 Septr 1862.
3. We apprehend that this state of things still continues, as the Act of Union 29 & 30 Vic. c. 67 (passed 6 Augt 1866) declares (sec 5) that notwithstanding the Union the laws of each Colony shall remain in force until otherwise provided by lawful authority—and we are not aware that any contrary provision has yet been made on the subject.
4. If Lieut Allman wereManuscript image desirous of settling in B. Columbia he would as a subaltern of 10 years standing be entitled to a free grant of 200 Acres, on presenting to the Governor, within one year of its date, a memorandum from the Office of the General Commanding in Chief specifying his rank, date of retirement, and length of service. No other document from any Department of the Government is necessary.
I have the honor to be,
Sir
Your obedient
Humble Servant
T.W.C. Murdoch
Minutes by CO staff
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Sir F. Rogers
Send a copy to Colonel Chamberlayne?
CC 21/1
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At once.
FR 21/1
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Sir F. Rogers
As I am in doubt whether the Colonial Regulation referred to applies to such a case as this, I defer altering the draft until you consider the point.
An officer in a Regt quartered in Jamaica wishes to settle in Vancouver IslandManuscript image & sends his application for a Grant to the Colonel of his Regt who sends it on to the Secretary of State. It is a matter in which the Govr of Jamaica is in no manner whatever concerned
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True.
FR
& onManuscript image which it would be out of the question to ask him for a report—"explanations & remarks from the Govr without which no conclusion can be adopted. L[edger] F[olio].
The cause of delay is not easy to explain, but say that the delay in answering his letter has arisen for the fact thatManuscript image "it was accidentally opened in Jamaica & then sent on in the Govt Bag to the Secy of State without explanation which necessitated a reference back to the Govr?"
CC 25/1
Other documents included in the file
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Rogers to Colonel Chamberlayne, 28 January 1868, forwarding copy of the report by the Land and Emigration Commission on the application of Lieutenant Allman.