No. 38
21st June 1864
Sir
Referring to my Despatch No 37 dated 14th June I have the honor to transmit the copy of a Deed of Conveyance of Fisgard Rock executed by Mr W.A.G. Young on the 14th May 1864, and which was delivered to the Acting Colonial Secretary on the 21st June only.
I may remark that I had, previously to writing the Despatch before adverted to, inquired of the Treasurer, Acting Colonial Secretary,AttorneyManuscript image Attorney General, and Surveyor General who respectively disclaimed all knowledge of the execution or existence of any such Deed and there was no record of it in the Colonial Secretary's office.
Mr Drake in whose possession the Deed was is a solicitor practising at Victoria, but is not a salaried officer of the government.
It will be observed that the Surveyor General's name is not attached to this Deed and if it be deemed necessary I apprehend a fresh Deed mustbeManuscript image be executed.
I have the honor to be
Sir
Your most obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
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Sir F. Rogers
See 7398. Mr Young, the Colonial Secretary, who is now in this Country, will be able to explain how he came into possession of the Island—but it may be as well to wait for the Memo: & Minutes of Council referred to in N[o] 37?
VJ 8 Augt
Mr Jadis
Vide 7398.
The enclosures in 37 have now arrived. The Surveyor General, Mr Pemberton, ought clearly to have signed the Deed?
VJ 13 Augt
Documents enclosed with the main document (not transcribed)
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Deed of conveyance of Fisgard Island, dated 14 May 1864, signed by Cecilia E. Young and William A.G. Young, followed by a statement, no date, signed by Chief Justice David Cameron, showing that he had examined Cecilia Young and determined that the deed was freely and voluntarily executed by her.
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Attorney General George Hunter Cary to Acting Colonial Secretary, 21 June 1864, forwarding copy of the above deed, which he had just received from M.W.F. Drake.
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Drake to Cary, 17 June 1864, enclosing the deed.
Kennedy, Arthur to Cardwell, Edward 21 June 1864, CO 305:22, no. 7399, 308. 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/V64138.html.

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