Despatch to London.
Minutes (4), Enclosures (untranscribed) (2), Other documents (1).
No. 75a, Financial
28th September 1866
My Lord,
I have the honor to acknowledge the receipt of Mr Cardwell's
Despatch No 27 dated 25th June 1866 wherein it is stated that some
doubt has arisen respecting the exact meaning of my Despatch No 18
of the 6th March last, and inquiry is made whether Fines, Fees and
Forfeitures were not previously to the 1st of January1866 1866 carried
to the credit of Crown Revenue and if not for what reason.
In reply I have the honor to state that I did not in my Despatch
intend to convey that the payment of Fines, Fees and Forfeitures to
the account of Crown Revenue was from 1st January 1866 proposed to
be specially applied to defraying the expenditure in Lighthouses.
I enclose copies of a Memorandum of the Colonial Secretary and of a
letter from Mr Ker, Auditor Generalof of British Columbia and until
lately acting as Auditor for Vancouver Island, which I trust will be
found to afford the required information relative to the disposal of
Fines, Fees and forfeitures prior to 1st January 1866.
I have the honor to be,
My Lord,
Your Lordship's most obedient Servant A.E. Kennedy
Governor
Minutes by CO staff
Mr Elliot
The enclosures supply the information required by Desp: of 25 June
66, as to the Appropriation of fines fees & forfeitures.
The Treasurer appears to have gone on the principle that when the
Crown Revenues paid for a particular Department, the fees received in
that Department should go to the Crown Revenue, but that when the
general revenue paid all the expenses of a Department, the fees
received in that Department ought to go to the credit of the general
revenue.
This appears to be equitable in itself, but I have no means of
stating how far it accords with general practice in places where
fines and fees are said to go to the Crown.
The choice seems to lie between accepting the explanation as
sufficient, or asking the Treasury whether they are ofthat that opinion.
If the latter, I think that our letter should begin by some such
general remark as I have above offered.
Documents enclosed with the main document (not transcribed)
Memo, W.A.G. Young, Colonial Secretary, to Kennedy, 26 September
1866, describing past and present procedures regarding the disposition
of funds received on account of fines, fees and forfeitures.
Robert Ker to Colonial Secretary, 27 September 1866, detailing
the general procedure he employed in apportioning the revenue
received on account of fines, fees and forfeitures, with explanation.
Other documents included in the file
Colonial Office to Secretary to the Treasury, 5 December 1866,
forwarding copies of correspondence on the subject for opinion.