No 9
[Incorrectly numbered 10] 14th March 1864
My Lord Duke,
I have the Honor of transmitting herewith the following Acts for Her Majesty's approval, viz:
An Act to provide for the Election of a Mayor and Councillors for the City of Victoria at the expiration of the period for which the present Mayor and Councillors are elected.
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An Act to provide an Indemnity for the Mayor and Councillors of the City of Victoria.
No 1 of 1864. An Act to indemnify the Governor for applying certain moneys to the Redemption of Municipal Debentures.
No 2 of 1864. An Act to provide for the retirement of David Cameron, Chief Justice of the Colony of Vancouver Island and its Dependencies.
No 3 of 1864. An Act to establish pilots for the Port of Victoria and for other purposes relating thereto.
No 4 of 1864. An Act to grant the right to construct a Telegraph Line connecting Victoria with the Telegraph system of the United States, and for other purposes.
No 5 of 1864. An Act to apply the sum of Two hundred and fifty SevenThousandManuscript image Thousand two hundred and Seventy nine Dollars and fifty Cents out of the General Revenue of the Colony of Vancouver Island and its Dependencies to the service of the year One thousand eight hundred and Sixty four.
2. "An Act to provide for the Election of a Mayor and Councillors for the City of Victoria &ca"—Having fully shewn the object of this Act and the causes which rendered it necessary, in my Despatch of the 15th January last (Separate),
In circn with Civil List papers 29 June/64.
[ABd]
and the Attorney General having also touched upon the subject in his report which is now forwarded, I will not take up your Graces time withfurtherManuscript image further comments upon it in this Despatch.
3. "An Act to provide an Indemnity for the Mayor and Councillors of the City of Victoria". A case having been decided in the Supreme Court by which it was ruled that the Mayor and Councillors had in a certain ByLaw passed by them for raising and collecting certain Municipal Taxes, exceeded the powers conferred by the Act of Incorporation, the immediate passage of thisActManuscript image Act of Indemnity was rendered necessary to protect the Council, acting, as they had done, in good faith and with the best intentions, against vexatious suits which litigious individuals might, otherwise, raise against them.
4. "An Act to provide for the retirement of David Cameron, Chief Justice," &ca. This Act grants to Mr Cameron on his resignation of the Office of Chief Justice of Vancouver's Island, a Pension of £500, per Annum, to be paid after the arrival of his SuccessorfromManuscript image from England, the object of that condition being stated in my Despatch No 4 (Legislative) of the 3rd Instant.
In circulation 29-6-64.
[ABd]
5. "An Act to grant the right to construct a Telegraph Line &ca". By this Act there is granted to the California State Telegraph Company, the exclusive right of constructing a Telegraph Line and sending Messages from any place within the Colony of Vancouver's Island to any place within the Territories of the United States of America West of the Rocky Mountains, for a period of Seventy years; but terminableinManuscript image in Twelve years at the option of the Governor of Vancouver's Island; upon the express condition that the work shall be commenced within five months, and be completed, and the line of Telegraph put in operation within a further period of Thirteen months from the passage of the Act, otherwise the privileges granted by the Act shall cease, and the Act become absolutely void. The Act also provides for the continuous working of the line, and fixes a maximum rate of charge for the transmission of Messages,andManuscript image and in all other respects carefully guards the public interests. I have, therefore, no hestitation in recommending it for approval, as there can be no doubt that its effect will be highly advantageous to the general interests of the Colony, and as, in reality, the privileges granted (in no way interfering with the construction of a Line through British Territory) are as nothing in comparison with the outlay to be incurred by the enterprising Company which thus contracts to place Vancouver's Island in immediate communicationwithManuscript image with the outer world.
6. The other Acts transmitted do not, I believe, require any special comment beyond the report of the Attorney General which is herewith transmitted.
I have the honor to be
My Lord Duke
Your Graces most obedient
and humble Servant
James Douglas
Minutes by CO staff
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Mr E. [and] Sir F. Rogers
See Mr Cardwell's desph No 7. of the 1 June—respecting the exclusive privilege to the Telegraph Co.
ABd 29 June/64
Keep till the papers in circulation return—No 85 Election of Mayor. No 2/64 Cameron Pension.
Refer to B. of T. No 3/64 Pilots.
Sanction[:] 86 Mayor indemnity. No 1/64 Governors indemnity. No 5/64 Appropriation.
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As to the Telegraph Act refer to the dph to Gov. Seymour transmitted to Gov. Kennedy on the first of June last as conveying the views of H.M. Govt.
Proceed at once.
FR 4/7
The previous papers on the Mayor Election Act & the Cameron Pension Act have now reached me. The former expires on the 30 Inst., the latter is disposed of by Mr Cardwells dph of 12 May. I think therefore that both may be put by.
FR 14/10
Documents enclosed with the main document (not transcribed)
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Attorney General George Hunter Cary to Colonial Secretary William A.G. Young, 12 March 1864, reporting on the acts transmitted.
Other documents included in the file
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Cardwell to the Lord President, 8 July 1864, transmitting three acts and recommending that they be left to their operation.
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Draft reply, Cardwell to Kennedy, No. 20, 11 July 1864.
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Elliot to J. Booth, Board of Trade, 16 July 1864, transmitting a copy of the "act to establish pilots" for their opinion.
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Draft reply, Cardwell to Kennedy, No. 21, 18 July 1864.
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 14 March 1864, CO 305:22, no. 6038, 65. 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/V64009.html.

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