Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Head, Edmund Walker to Rogers, Frederic 24 October 1864, CO 305:24, no. 9841, 207.
Abstract
Public Offices document.
Minutes (3), Enclosures (untranscribed) (1), Other documents (2).
Head sends detailed legal documents filed in the Supreme Court of Civil Justice relating
to proceedings commenced against the Hudson's Bay Company. He comments that in his opinion the legal proceedings were
at variancewith a prior agreement that stipulated all HBC land sales prior to 13 January 1862 would be
held valid.The Colonial Office sends the documents to the Land Board.
Head to Rogers (Permanent Under-Secretary)
Hudson's Bay House
October - 24th / 64
Sir,
I have the honour to enclose for the information of the Secretary of
State a copy of a document transmitted from Vancouver's Island, being
an information & interrogatives filed against the Hudson's Bay Company
in Chancery by the Attorney General of the Colony.
It appears to me
that these proceedings are entirely at variance with
the purport of the agreement entered into on February 3d 1862 by
which it was stipulated that the sales made by the Company previous
to January 13 1862 were to be held valid & effectual as against the
Crown.
that these proceedings are entirely at variance with
the purport of the agreement entered into on February 3d 1862 by
which it was stipulated that the sales made by the Company previous
to January 13 1862 were to be held valid & effectual as against the
Crown.
It is true that the alleged relator is not the Crown but Mr John
Despard Pemberton the Surveyor General of the Colony, but of the
character & object of the proceedings there can be no doubt. We
trust that the Right Honble. The Secretary of State will give
instructions to stop
all proceedings on the part of the Crown
Officers contrary to the tenor of the Indenture of February 1862,
which we on the part of the Company are prepared at once to carry out
by the best means which can be derived. For this purpose Mr Dallas &
myself last week had an interview with Mr Murdoch & the course to be
pursued was in the main agreed upon.
all proceedings on the part of the Crown
Officers contrary to the tenor of the Indenture of February 1862,
which we on the part of the Company are prepared at once to carry out
by the best means which can be derived. For this purpose Mr Dallas &
myself last week had an interview with Mr Murdoch & the course to be
pursued was in the main agreed upon.
Documents enclosed with the main document (not transcribed)
Detailed legal documents filed in the Supreme Court of Civil
Justice relating to proceedings commenced against the Hudson's Bay
Company, as per despatch, three documents (ten pages).
Other documents included in the file
Minutes by CO staff
Draft settled & approved by Mr Cardwell yesterday.
TFE
2/11
Other documents included in the file
*
Elliot to Head, 3 November 1864, advising that a decision on
this and other matters recently communicated to the Colonial Office
must wait until information is received from the colony.
Minutes by CO staff
Mr Cardwell
I appreciate that we ought to give some answer to Sir Edmund Head; and I submit this for your consideration.
I appreciate that we ought to give some answer to Sir Edmund Head; and I submit this for your consideration.
TFE
2 Novr