Colonial Despatches

The Memorial of Charles Graham Wylly lately Assessor of the Colony of Vancouver Island and its Dependencies, humbly Sheweth:

That Your Memorialist, at the date of the Union of the Colonies, was Assessor of Vancouver Island, having held that office since January, 1863.

The Assessorship, under theprovisions provisions of the "Real Estate Tax Amendment Act, 1862," of the Colony of Vancouver Island, was declared permanent; the Governor, for the time being, of the Colony, being required to appoint a "permanent Assessor."

The necessity for the office, (to which was attached a Salary of £500 Sterling per annum,) having ceased, through the union of British Columbia and Vancouver Island, the repeal of the Act under which the Assessorship was created, took place.

Following such repeal by the "Real Estate Tax Repeal Ordinance, 1867" and on notification of the abolitionof of the office, Your Memorialist preferred a claim for compensation.

This claim was objected to, on the ground that the appointment was merely a local one, not of Crown creation, and "permanent" only So long "as the local Act under which it was created, was in existence."

In reply to this objection, and further in behalf of the claim, as urged in the correspondence with the Government of British Columbia, Your Memorialist would respectfully Submit That, inasmuch as by the Vancouver Island Act of 1862, the office was declared permanent, So, the holder thereof, at once becameinvested invested with certain rights, and So had a permanent interest in the emoluments of the office, and that its abolition, not brought about by any action of the Assessor, but Simply by reason of the necessities of the State, could not divest that officer of his interest therein; moreover, that although the office might be abolished by the Legislature, yet, that the emoluments attached thereto, and vested in the Assessor, could not be confiscated, except by express terms, the absence of which, in the Ordinance repealing the Act of 1862, must, therefore, be held to be restrictive of the power conferredby by that Ordinance.

This, indeed, is the more plain, when it is Seen, that the Ordinance of 1867, while repealing the "Real Estate Tax Amendment Act, 1862," actually, by its provisions, Saved existing rights, So far as the Government had acquired a right under that Act, and consequently, it must follow, that the rights of the Assessor, as acquired under that Act, must, in like manner, be considered, Saved.

Your Memorialist therefore prays that relief may be afforded him, and that the justice of the claim, as advanced, may beadmitted admitted; its merits, and its merits alone, constituting its best title to consideration.

But Your Memorialist
as in duty bound, will ever pray &c