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.Manuscript image 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 EstablishmentofManuscript image 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.
I have the honor to be
My Lord Duke,
Your Grace's most obedient
and humble Servant
James Douglas
Minutes by CO staff
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ABd 11 Sepr
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.
N 19
Documents enclosed with the main document (not transcribed)
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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
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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 worse as it reduces the ability of deserted wives to protect property belonging to them from both their estranged husbands and their estranged husband's creditors.
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Newcastle to the Lord President, 9 October 1862, forwarding copies of the Acts for submission to the Queen in Council and recommending they be left to their operation.