Murdoch to Rogers (Permanent Under-Secretary)
2nd February 1866
I have to request that the enclosed amended Draft Reconveyance of Vancouvers Island from the Hudsons Bay Co to the Crown may be substituted for the Draft which accompanied my Report of the 20th March last. The substitution is required under the following circumstances.
2. It may be remembered that at a discussion of this matter which took place at a personal interview with you in August last, it was doubted whether the DraftManuscript image taken in conjunction with its accompanying map, prepared by the Company, of the Victoria District (Lot 24 Sec 18) might not possibly be held to operate as a confirmation of Title to the Lands sold by the company previous to the 1st January 1862. If so this would be going beyond the intention of the Agreement of 3rd of Febry 1862 which simply declared that all such previous sales should be valid as against the Crown.
3. By the original Draft it is proposed that all the Island should be reconveyed to the Crown except (among other things not now in question) such portion of theManuscript image Victoria District (Lot 24 Sec 18) as is coloured Pink and marked with the letters H.B.C. But the Lots so coloured and marked include not only the Lands in that district to be retained by the Company but all Lands purported to be sold by them before the 1st January 1862. It was thought advisable not to attempt to delineate the sold Lands on the plan which was to be attached to the reconveyance, as this might hereafter involve the Crown in questions respecting the validity of the sales & the accuracy of the meter and bounds of the different Lots—but only to delineate on it the Lots reconveyed to the Crown and those in the actualManuscript image possession of the Company. It became necessary, therefore, to recast the description of the parcels in the original Draft and to bring it to as close an accordance with the provisions of the Agreement of Febry 1862, as the existing state of facts will allow.
4. As Mr Maynard the Solicitor of the Company had unofficially seen and approved of the original Draft on the part of the Company, it was considered right to allow him in like manner to see the amended Draft. We accordingly sent it to him unofficially in August last, and it has now been returned toManuscript image us, with the accompanying letter from Mr Dallas, stating that Mr Maynard sees no objection to the alterations. These alterations which, as I have stated, affect only the parcels are shown in red ink in the enclosed amended Draft.
5. The Map of the Victoria District which accompanied the Original Draft has not been altered to correspond with the amended Draft, but in its present shape it may still assist the Colonial Authorities who will of course take care, when preparing the plan of the Victoria District which is to be endorsed on the Deed, to follow the descriptionManuscript image contained in the amended Draft, which they will also take care to make correct, and to distinguish in detail in the plan only the Lots reconveyed to the Crown and those in the actual possession of the Company, shading each with a different colour, and denoting them respectively with the corresponding numbers and letters in the Draft.
6. Should Mr Cardwell see no objection to the Draft Reconveyance in its amended shape, I presume it will be dealt with as suggested in my Report of the 20th March last.
I have the honor to be,
Your obedient
humble Servant
T.W.C. Murdoch
Minutes by CO staff
Manuscript image
ABd 3 Feb
Sir F. Rogers
This Conveyance of Vancouver Island formed the subject of some personal interviewsManuscript image which took place in your presence. The question now is whether to follow Mr Murdoch's present suggestion.
TFE 3 Feby
Documents enclosed with the main document (not transcribed)
Manuscript image
Note on microfilm as follows: "C.O. 305/30. Folio's 157-158 are large maps and unsuitable for filming on this camera."
Manuscript image
Draft copy of an indenture for the reconveyance of Vancouver Island to the crown, edited as per despatch.
Manuscript image
Copy, A.G. Dallas to S. Walcott, Emigration Board, 23 January 1866, forwarding the draft reconveyance and map and advising that "Mr Maynard sees no objection to the alteration in the Form of Deed."
Other documents included in the file
Manuscript image
Rogers to Attorney General and Solicitor General, 14 February 1866, forwarding the draft reconveyance with a background explanation of the subject and asking whether the draft "would be sufficient in form and legal effect."
Minutes by CO staff
Manuscript image
This matter has been so long in hand that it shd not be allowed to
[sit?] by.
Manuscript image
Sir F. Rogers
The conveyance of the Church Reserve was executed in England in 1864 by the Co. &c and sent to the Colony for execution by Col. authorities. Mr Walcott cannot give the date and does not think it necessary.
There is a copyManuscript image of the "official plan" of Victoria District [off microfilm] the Land Board. Mr [off microfilm] thinks that there is no [off microfilm].
The plan referred [to] in Sec. IV. is the same [as] that described in [off microfilm] as drawn on the back of the conveyance.