Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Musgrave, Anthony to Wodehouse, John 12 August 1870, CO 60:41, no. 9892, 2.
Abstract
Musgrave, Anthony to Wodehouse, John 12 August 1870, CO 60:41, no. 9892, 2.
Despatch to London.
Minutes (3), Enclosures (untranscribed) (1), Other documents (1), Marginalia (1).
No. 111
August 12th 1870
My Lord,
Referring to Your Lordship's Despatch No. 1 of the 9th July, I
have the honor to forward a complete copy of the Attorney
General's Report on the British Columbia Ordinance No. 13 of
1870, "to amend the Road Ordinance 1869" which should have
accompanied my Despatch No. 78 of the4th
4th of June.
4th of June.
2. I regret much that an unfinished copy should accidentally
have been forwarded with that Despatch, through some
inadvertance of which it is not now possible to trace the cause.
Minutes by CO staff
Road Ordinance 1869 amended.
I should be disposed to sanction this Ordinance, though
stringent, in consideration of the undoubted advantages that
will be secured to the Colony by good roads; and it practically
rests with the Colonists themselves to decide whether the
measure is to be adopted, inasmuch as no Road Districts (except
those specially created) can be created except upon petition
from 2/3d of the residents.
The criticism upon the proviso in sect 3 is no doubt correct,
but it is perhaps hardly worth pointing it out, as the meaning
is quite clear.
The 9h section appears to me the Most doubtful in policy,
though the AG expresses a hope that so valuable a clause may
find a place in every Land (Road) Act.
I do not feel sure that
"Country" should not be "Crown".
A Crown lessee would then Know what he might expect to have
taken from him under certain contingencies. But why should the
owner of real property, who has to
pay his tax under section 3
be deprived of gravel &
timber without compensation? This might be a very heavy loss
in some cases.
May it not be a mistake for the 8th (Absentees) Clause?
pay his tax under section 3
be deprived of gravel &
timber without compensation? This might be a very heavy loss
in some cases.
I should be disposed in sanctioning the Ordinance to enquire
into the meaning of this section.
HTH
14/9
I would sanction the ordinance, but observe that altho' it is
quite just that the Govt should have power to take gravel &c,
it seems unfair that they should not pay for what they take.
K
Sept 15/70
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Musgrave, 11 May 1870,
reporting on the ordinance as per despatch.
