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 the4thManuscript image 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.
I have the honor to be
My Lord
Your most obedient
humble Servant
A. Musgrave
Minutes by CO staff
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Mr Holland
See Minute on 7279.
CC 14 Sept
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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.
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May it not be a mistake for the 8th (Absentees) Clause?

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 toManuscript image 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
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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)
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H.P.P. Crease, Attorney General, to Musgrave, 11 May 1870, reporting on the ordinance as per despatch.
Other documents included in the file
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Draft reply, Kimberley to Musgrave, No. 23, 21 September 1870.
Musgrave, Anthony to Wodehouse, John 12 August 1870, CO 60:41, no. 9892, 2. 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/B70111.html.

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