The Humble Petition of George E. Nias, a native of Yorkshire,
Citizen of London and Freeman of the Stationers Company, now
residing in Melbourne Australia.
Sheweth:
That in the year 1860 your Petitioner emigrated to the Colony of
Vancouver Island.
That Sir James Douglas, then the Governor of Vancouver Island,
as empowered by law, issued several Proclamations, (having the
force of law,) prescribing the manner in which land might be
acquired by persons actually living on it and improving it.
That the third Proclamation issued in 1863 (to the best of your
Petitioner's recollection) allowed land to be Pre-empted without
restriction
in any part of the Island.
That your Petitioner relying on the
bona fides
of this Proclamation Pre-empted a small piece of land, containing
from 9 to 16 acres, situated about half a mile from the boundary
of the Town of Victoria.
That your Petitioner complied in every respect with the very
stringent requirements of the Proclamation—registered his
Pre-emption at the Surveryor-General's office in the Town of
Victoria. (The Surveyor-General [Mr] Pemberton, being present
assisting [at] the entry)—fenced in the land, built a house on
it and was living in it within one month from the time of
registering his claim, and with his family has continued to
reside upon it—and your Petitioners
family are now residing upon [it], during his temporary absence.
That by the terms of the Proclamation at the expiration of
Two years from the date of registering the Pre-emption claim, the
Governor (or other authority) was to issue a Title to such
Pre-empted land on payment of one dollar per acre.
That more than
four years
have elapsed since your Petitioner should have had his Title to
such pre-emption but the officials refuse and neglect to issue
the proper Title on various frivolous pretexts—but really
because some-one of greater influence than your Petitioner
wishes to obtain the land, which is beautifully situate on the
Sea Coast.
That your Petitioner is too poor to go to law with the Government.
That your Petitioner has expended all his means (about £600) on
building a house, barn and outhouses, sinking two wells 90 feet
deep, planted an orchard and expended much labor on the place.
That Mr William A.G. Young late Secretary of British
Columbia is now in England and cannot deny the
facts set forth by your Petitioner should enquiry be made of him.
Your Petitioner therefore Prays that your Most Gracious Majesty
3
will cause the proper authorities without further delay to
issue the proper Title to which under the said Proclamation
your Petitioner is entitled.
And your Petitioner will ever pray that health and happiness may
long attend your Majesty and that peace beyond the Grave may be
your Majesty's portion hereafter.
Mr Meade
I think the Petition had best be registered & the writer told
that a copy of his Petition has been sent to the Govr, but that
it is a matter that rests entirely with the local Govt.
Herbert to Nias, 19 February 1870, advising that a copy of his
petition had been forwarded to the governor, it being a matter for
the decision of the local authorities.