Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 24 July 1862, CO 305:19, no. 8830, 220.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (1), Other documents (2).
Douglas forwards Newcastle copies of the following six acts recently passed by the Legislature of
Vancouver Island:
No 1 An Act to protect the property of a Wife deserted by her Husband. No 2 An Act to authorize the Chief Justice of Vancouvers Island and its Dependencies to make certain necessary appointments. No 3 An Act to establish Fire Limits within the Town of Victoria. No 4 An Act to confirm the appointment of certain Members of the Court of Revision under the 'Real Estate Tax Act 1860.' No 5 An Act to enlarge the time for the Establishment of Gas Works and Buildings by the Victoria Gas Company. No 6 An Act to authorize the appointment of a Sanatory Commission for the Town of Victoria.The minutes reflect the Colonial Office's concern that
the alteration made in the Imperial Law for protecting [the] property of deserted wives seems an alteration for the worseas it reduces the ability of deserted wives to protect property belonging to them from both their estranged husbands and their estranged husband's creditors.
No. 38, Legislative
24 July 1862
I have the honour of transmitting herewith, Copies of the following
Six Acts, lately passed by the Legislature of this Colony, and which
have received my assent, vizt:No 1.
No 1 An Act to protect the property of a Wife deserted by her
Husband.
No 2 An Act to authorize the Chief Justice of Vancouvers Island and its Dependencies to make certain necessary appointments.
No 3 An Act to establish Fire Limits within the Town of
Victoria.
No 4 An Act to confirm the appointment of certain Members of
the Court of Revision under the "Real Estate Tax Act 1860."
No 5 An Act to enlarge the time for the Establishmentof
of Gas
Works and Buildings by the Victoria Gas Company.
No 6 An Act to authorize the appointment of a Sanatory
Commission for the Town of Victoria.
No 1 An Act to protect the property of a Wife deserted by her
Husband.
No 2 An Act to authorize the Chief Justice of Vancouvers Island and its Dependencies to make certain necessary appointments.
No 3 An Act to establish Fire Limits within the Town of
Victoria.
No 4 An Act to confirm the appointment of certain Members of
the Court of Revision under the "Real Estate Tax Act 1860."
No 5 An Act to enlarge the time for the Establishmentof
of Gas
Works and Buildings by the Victoria Gas Company.
No 6 An Act to authorize the appointment of a Sanatory
Commission for the Town of Victoria.
The Attorney General's Report, which is also transmitted, so fully
and clearly explains the character and objects of these Acts, that it
appears unnecessary to trouble Your Grace with further remarks on the
subject.
Minutes by CO staff
TFE
11/9
Sanction—observing however (I think) that the alteration made in the
Imperial Law for protecting [the] property of deserted wives seems
an alteration for the worse, as it appears that a poor woman deserted
by her husband who by honest industry has collected a little property
witht troubling herself about questions of law will not be able
under the present Act to obtain any protection for the property so
acquired but will remain liable (notwithstanding any order wh she
may subsequently obtain) to have the whole of that property swept
away by the husband or the creditors of the husband who has
deserted her.
Express a hope that so ill judged an alteration of a provision
carefully considered by the best lawyer of the mother country will
not be allowed to remain on the Hatch book of V.C.I.
Documents enclosed with the main document (not transcribed)
George Hunter Cary, Attorney General, to W.A.G. Young, Colonial
Secretary, 24 July 1862, reporting favourably on the six acts, as per
despatch.
Other documents included in the file
Draft reply, Newcastle to Douglas, No. 118, 28 September 1862,
advising that Newcastle has recommended the acts be approved, but sharing the Colonial Office's
concern that
the alteration made in the Imperial Law for protecting [the] property of deserted wives seems an alteration for the worseas it reduces the ability of deserted wives to protect property belonging to them from both their estranged husbands and their estranged husband's creditors.
