No. 49
23rd September 1865
Sir,
In answer to the enquiry contained in your despatch of the 4th July No. 50, as to the liability of the Governor, the Colonial Secretary and the Royal Marines employed at San Juan to taxation under the provisions of "An Act to impose aTaxManuscript image Tax on Salaries and for other purposes," to which you have lately given your assent, I have to say that, in my opinion, all salaries payable from Colonial Funds whether included in the Civil List or not, are properly taxable by a General law of this nature, but that it cannot be allowed that the pay of soldiers or sailors, who are paid from Imperial funds should be so taxed.
Under these circumstances the Act under consideratin will not be sanctioned untilitManuscript image it is made clear that the Tax is not to apply to Officers or others paid from Imperial funds for the benefit of the Colony.
I have the honor to be
Sir,
Your most obedient
humble servant
Edward Cardwell
Minutes by CO staff
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Send to Actg Attorney Genrl and request he will frame a bill (if necessary) to meet the requirements of paragraph A
Forwarded to the Attorney General in accordance with his Excellency's minute above noted.
By command
William A.G. Young
Col. Secretary
7 Dec 1865
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This matter being now concluded, his papers returned.
Tho. L Wood
Acting Attorney General
Feby 6 1866
Cardwell, Edward to Kennedy, Arthur 23 September 1865, NAC RG7:G8C/5, 210. 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/V657049.html.

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