No. 63
31st August 1864
Sir
I have the honor to submit the accompanying papers for your consideration in connection with the resignation of Mr G.H. Cary, Attorney General with the following explanation.
Mr Cary had held the office of Registrar under the "Vancouver Island Joint Stock Companies Act, 1860" fromtheManuscript image the date of its passing, in right of which office he collected the fees under that Act.
Circumstances arose which led me to doubt the regularity with which he had accounted for them and I called for a return showing the names of all Joint Stock Companies registered by him, the dates of their registration, and the fees received by the Attorney General as Registrar.
This Return was called foronManuscript image on the 16th August, and on the 20th August Mr Cary without replying to that communication paid into the Treasury the sum of $1179.40 as shown by the Treasurers letter dated 20th August and accompanying accounts.
It will be observed that these fees had been accumulating in Mr Cary's hands from January till August 1864 without being accounted for.
Though I have taken steps to prevent the possible recurrence ofsuchManuscript image such culpable irregularity I do not feel justified in withholding the knowledge of it from you.
Documents which have been placed before me show that while Mr Cary had improperly retained this considerable sum of public money in his hands, he had borrowed money at the rate of 3 per cent per month or 36 per cent per annum.
I have the honor to be,
Sir
Your very obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
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Mr Elliot
This is another exhibition of irregularity amongst the Officials of V.C. Island—the continuance of which Govr Kennedy is not a man to tolerate.
I do not think that this Office is called upon to mix itself up with the transaction in any way: but it might strengthen the Governor's hands if some expression of approval wereManuscript image signified at his resolution to rectify abuses & malpractices.
The Colonial Secy, Mr Young, now in England, ought to be able to furnish some explanation about the Coin found in his Office.
ABd 21 Octr
I should acke, & express approval of the steps which the Govr had taken in order to inquire into the disposal of the fees received by the late Atty Genl for registering Joint Stock Companies, & to ensure their prompt and correct payment into the public Treasury.
TFE 27/10
Yes, and I shd like a precis to be made in the Department of the various exceptional cases to which Mr Blackwood refers as having come before this Dt recently.
EC 28
The materials are not sufficient for a precis. The following are the cases which I had in my mind when I made the remark which has attracted Mr Cardwell's attention. Manuscript image No 1 Commencing in 1859 I find that there was a certain Mr C.A. Anderson who was Collector of Customs in V.C.I. Embezzlement took place in his Office, & he was dismissed for carelessness & remissness in the care of his Dept. No 2 In /61 Mr Nagle, Harbor Master, was dismissed for alleged defalcations. No 3 In /62 Mr D'Ewes, the Acting Port Master of Victoria absconded. He was a public and private defaulter. [No] 4 In the same year Mr G.T. Gordon, the Treasurer embezzled the public money. He was tried, was imprisoned, & escaped. I believe he was allowed to walk off without any attempt to detain him. [No] 5 Finally Mr Cary, the Attorney Genl, having resigned his Office, is charged with speculation, running into debt, & practices the reverse of honest.
This completes the list of officials in V.C.I. who have figured discreditably within the space of 5 years.
ABd 31 Oct.
Documents enclosed with the main document (not transcribed)
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"Schedule of Enclosures in Despatch No 63 dated 31st August 1864 relative to fees received and irregularly retained by Mr G.H. Cary, Attorney General, as Registrar of Joint Stock Companies," ten entries.
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Memorandum, Henry Wakeford, Acting Colonial Secretary, to G.H. Cary, Attorney General, 20 July 1864, asking for particulars regarding a package containing coins and a sealed envelope found in the colonial secretary's office.
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Wakeford to Cary, 13 August 1864, asking that his earlier memorandum be answered with as little delay as possible.
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Cary to Wakeford, 15 August 1864, advising that the package must contain approximately $100 in registration fees paid by various joint stock companies, and asking that the package be opened to clarify the issue.
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Wakeford to Cary, 16 August 1864, asking him to furnish information regarding past registration of joint stock companies including the dates of registration and fees paid.
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Alexander Watson, Colonial Treasurer, to Wakeford, 20 August 1864, providing information regarding monies paid that day by Cary as Acting Registrar of Joint Stock Companies, and advising that a previous sum had been handed over by Cary to Young which had not yet been paid into the Treasury, with enclosures.
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Memorandum, signed by Kennedy, 22 August 1864, asking that Watson be requested to provide clarification of the correct procedures regarding disposition of the registration fees.
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Memorandum, signed by Wakeford, no date, advising that the question had been referred to Watson.
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Memorandum, signed by Watson, no date, explaining that all fees were supposed to be paid immediately into the Treasury, and enclosing a circular sent to Cary and all other heads of departments explaining the procedure for submitting funds to Treasury.
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Statement of Sums lodged by Cary in the Treasury of Victoria, including date, name of company, and fee received, signed by Cary, Acting as Registrar of Joint Stock Companies (two pages).
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Copy, Circular sent by Watson to Cary, 21 February 1863, as noted above.
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Memorandum, signed by Kennedy, Wakeford and Watson, 22 August 1864, advising that the package had been opened and found to contain the sum of $49.34.
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Wakeford to Cary, 22 August 1864, asking again for the Return of transactions with regard to Registration of Joint Stock Companies and asking that the amount of the capital of each company be specified.
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Cary to Wakeford, 22 August 1864, advising that the money found in the package "consists of a Balance due to the Government of British Columbia, in respect of two registration fees," and providing further explanation and enclosures to clarify the issue.
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Cary to Colonial Secretary of British Columbia, 24 December 1861, advising that in the absence of any communication from the Treasurer, he was prepared to pay into his hands fees received for the registration of joint stock companies.
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Cary to Attorney General of British Columbia, 13 February 1862, discussing his difficulties in communicating with the Treasurer regarding the disposition of funds payable to the colonial treasury.
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Wakeford to Cary, 23 August 1864, advising that the package had been opened and found to contain only $49 and not the $100 he had earlier suggested, and asking for an explanation of this and other irregularities.
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Cary to Wakeford, 24 August 1864, advising that his previous statement was proved correct and that the money consisted of fees for registration of companies in British Columbia, that colony charging only half the fees charged in Vancouver Island.
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"List of Joint Stock Companies registered under the Vancouver Island Joint Stock Companies Act 1860," including time of registration, capital and registration fee, signed by Cary, no date.
Other documents included in the file
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Draft reply, Cardwell to Kennedy, No. 57, 1 November 1864.
Kennedy, Arthur to Cardwell, Edward 31 August 1864, CO 305:23, no. 9627, 107. 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/V64163.html.

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