Despatch to London.
Minutes (3), Enclosures (untranscribed) (1), Other documents (2), Marginalia (2).
Douglas transmits to Newcastle copies of minutes from a Vancouver Island Council meeting, which record the formation of a Supreme Court—and related legal
matters and appointments—timber duties on Public lands, fees for boarding at the Colonial School, and fee-scales for the Justice's Court.
The minutes agree that the first Act or Ordinance passed by the Council of VanCouver's Island [should be] registered, and that the opinions of Rogers and Wood be sought on all the minutes of Council.
The first of the three documents included in the file, the copied council minutes,
is missing; the second is a draft reply from Labouchere to Douglas, which forwards an Order in Council to establish a Supreme Court on Vancouver Island; the third is a draft reply from Labouchere to Douglas, which authorizes Cameron’s appointment as Supreme Court Chief Justice of Vancouver Island.
I herewith transmit for the information of Her Majesty's
Government, copies of the proceedings in the Council of this Colony,
from the 20th day of September, to the 2nd of December last,
inclusive.
Your Grace will observe that the attention of Council, was drawn in
the first place to certain irregularities, in the practice of the
Justices Court; arising from the inexperience of the Magistrates, which
required amendment. It was therefore resolved to limit the Jurisdiction
of the Justices Court, in civil cases, to such simplematters
matters, as our
Justices are competent to deal with, and to establish a Supreme Court of
Civil Justice with Jurisdiction, over the whole Colony of Vancouver's
Island, and its dependencies, in all matters of Law or Equity, where the
amount in dispute is of the value of £50 Sterling and upwards.
An Act to that effect containing the rules and Forms of pleading to
be used, in said Court, was passed in Council, on the 2nd day of
December last, and David Cameron Esquire, was appointed Judge for the
time being, with an yearly salary of One hundred pounds Sterling, and a
sum was appropriated out of the Proceeds of the Duties, on Licenced Ale
Houses, to meet that outlay.
A copy of the Act in question is herewith transmitted for your
Grace's information, and I beg that it may be submitted to a Law Officer
of the Crown, for revision, as acting Judge Cameron, by whom the rules
were compiled is not a professional lawyer, and accepted the appointment
solely in compliance with my request,until
until a Law Officer for the
Colony, is appointed, by the Crown, a measure which for the sake, of the
Colony, and for my own relief, from an unusual amount and variety of
responsibility, I am desirous, should be soon carried into effect.
We next proceeded to pass an Act imposing a small duty on timber,
cut upon the Public lands, and restricting the exercise of that
priviledge to Her Majesty's subjects residing on Vancouver's Island.
Qy as to the legality of this proceeding. I think duties can
only be levied in V.C. Island by an Assembly of Freeholders.
The object of that act is altogether protective, it being thereby
intended to prevent the waste and destruction of timber on the public
lands, and to throw the timber trade, as much as possible, into the
hands of the actual Colonist.
The other matters contained in the Minutes now transmitted,
relating chiefly to the charge for the board of Pupils, at the Colonial
School, and the scale of Fees in the Justice's Court, will explain
themselves, and I will therefore not detain your Grace, with any further
remarks.
Trusting
Trusting that those proceedings, may meet with your Grace's
approval.
His Grace The Right HonbleThe Duke of Newcastle
Her Majesty's principal Secretary of State
For the Colonial Department
Minutes by CO staff
Mr Merivale
I think that this, the first Act or Ordinance passed by the Council of
VanCouver's Islandshd be registered, & referred to MessrsWood & Rogers, & that their opinion might be requested on the regulations for the cutting of Timber,
& on the other matters contained in the minutes of Council.