Buckingham discusses the liabilities of an Ordinance to provide for the settlement of all outstanding questions relating to the Sale of
land for taxes in Vancouvers Island and recommends amendments to the ordinance. Buckingham states that the ordinance is not disallowed, if provisions [regarding the discussed liabilities] are made.
No. 30
24 May 1868
Sir,
I have to acknowledge the receipt of your Despatch No. 11 of the
24th February enclosing an Ordinance "to provide for the settlement
of all outstanding questions relating to the Sale of land for taxes
in Vancouvers Island."
I am aware that questions of this kind can only be dealtwith with by
somewhat arbitrary methods. But I fear that the provisions of this
Ordinance if literally carried out may in many conceivable cases work
great injustice.
It may for instance be found on the one hand that certain of the
Purchasers have effected improvements on their land or incurred
expenses on the faith of their ownership which would entitle them if
removed to special compensation, while on the other persons who have
paid their taxes and have had their lands illegally sold cannot
properly be called on to buy off purchasesto to whom the government
have without any right to do so sold their property.
I am of opinion that the government ought to be enabled to meet
these difficulties and with the advice of a Commission or Board of
competent persons, should be empowered on examination either to
confirm the titles of such purchasers as can satisfactorialy make
out a case of hardship or to award them special compensation and also
to pay from public funds such compensation as may be payable to the
purchasers of lands which Government wasnot not really entitled to sell.
The Ordinance has not been submitted to Her Majesty but I have
to inform you that Her Majesty will not be advised to disallow it,
if provisions to the above effect are made.
I have the honor to be
Sir,
Your most obedient
humble Servant Buckingham & Chandos