No. 9, Legislative
11 February 1862
I have the honour to inform Your Grace that the second Session of the Second Parliament of Vancouver Island was closed by Prorogation on the 3rd day of the present month (February), and IherewithManuscript image herewith enclose a Copy of my speech to the Legislature on that occasion.
2. Twenty Bills have, in all, been introduced during the late Session, Seventeen of which have passed both Houses and received my assent, and three are now before the Council, and will probably not pass without material alterations.
3. The Estimates submitted to the House at the openingofManuscript image of the Session were voted, with a few unimportant alterations: the whole sum granted for the service of the Year 1861 being £20,460, or £75 in excess of the estimated Expenditure; the House having increased the sums allowed for Schools and other objects.
4. The Public Revenues for the same period have produced the sum of £20,687 and there remains to be collected a further sum of £1300, being arrears of TaxesforManuscript image for 1861, and applicable to the service of that year.
5. Bills were introduced early in the Session for the purpose of quieting Titles derived through Aliens—and for enabling Aliens to hold Real Estate—and to enjoy, after a certain residence in the Colony, all the rights and capacities of British Subjects, saving only that of serving as Members of either branch of the Legislature—and also for amending the presentpracticeManuscript image practice and pleadings of the Civil Courts. These were all duly passed, and the several Acts have since been forwarded to Your Grace for Her Majesty's approval.
6. These Acts are essential to the proper growth and development of the Colony, and are much appreciated by the foreign population who have become residents of the Country.
7. Acts have alsobeenManuscript image been passed for preventing frauds on creditors by secret Bills of Sale—and unnecessary Expense and delay in recovering on Bills of Exchange—and for declaring the Law relating to Bankruptcy and Insolvency; these latter Acts being simply adaptations of the Imperial Statutes for the same purposes.
8. The other Acts of the session are of merely local importance, or of a private nature.
9. The Legislative AssemblythroughoutManuscript image throughout the Session have exhibited a tone and spirit worthy of their position, as well as a sincere desire to promote the public welfare.
10. Copies of all the Acts referred to in this Despatch, excepting those previously forwarded, and the Bankruptcy Act, which has not been received from the Printers, are herewith transmitted to Your Grace with the Attorney General's Report, and the accompanyingScheduleManuscript image Schedule.
I have the honor to be
My Lord Duke,
Your Grace's most obedient
and humble Servant
James Douglas
Minutes by CO staff
Manuscript image
Sir F. Rogers
See previous minutes on previous "Alien" & other Acts. 1167/62.
ABd 21 Apl
TFE 21 April
Pawnbrokers may take interest at the rate of 60 per cent per ann. I am told that in V.C.I. this rate is not outrageous.
The Atty General's notion of the Act respecting foreign judgments is worth reading. I have no doubt that in the neighbourhood of the U.S. the Act is desirable though it has rather the appearance of inviting into the Country runaway debtors &c. It is (I conceive) within the competency of a Colonial Legre to determine within what limits, the Colonial Courts shall take cognizance of the proceedings of a foreign tribunal.
Sanction all the Acts.
FR 8/5
CF 9
N 9
Documents enclosed with the main document (transcribed)
Manuscript image
Schedule of Acts transmitted
1. Liquor Licence Act 1861.
2. Firemans Protection Act 1861.
3. Supplementary Street Act 1861.
4. Bills of Sale Act 1861.
5. Pawnbrokers Act 1861.
6. Summary Procedure on Bills of Exchange Act 1861.
7. Victoria Gas Company's Extension Act 1861.
8. Trades Licence Amendment Act 1861.
9. Extension of Limitations of Foreign Actions Act 1861.
10. Act to prevent Swine and Goats from running at large.
11. Bill of Supply £4550.
12. Bill of Supply £15,910.
actsManuscript image
Acts transmitted with Despatch No 73,
of the 25th of November 1861
No 1—Act to enable Aliens to hold Real Estate 1861.
" 2—Vancouver Island Civil Procedure Act 1861.
" 3—Alien Act 1861.
" 4—Act for the confirmation of the Titles of Aliens to Real Estate 1861.
Total number of Acts passed during the Session—17.
Transmitted herewith . . . . . . . . 12
Do 25th November 1861 . . . 4
At Printers (Bankruptcy Act) . . . . 1
Total . . . . 17
Documents enclosed with the main document (not transcribed)
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Copy of speech given by Douglas to the Legislative Council and Legislative Assembly to prorogue parliament, 3 February 1862, as per despatch.
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George Hunter Cary, Attorney General, to Colonial Secretary, 15 February 1862, reporting in detail on the acts passed in the recent session of parliament.
Other documents included in the file
Manuscript image
Newcastle to The Lord President, 24 May 1862, forwarding twelve acts passed by the Legislature of Vancouver Island to be submitted to the Queen in Council.
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 11 February 1862, CO 305:19, no. 3888, 54. 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/V62009.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)