No. 5
               
            
            
               
               
               14 January 1860
               
               My Lord Duke
                
            
            
               In my report on the affairs of the Colony of 
British Columbia
               of the number and date noted in the margin,
               
               
               
                  
                     
                     24th Paragraph No 224, 18th October 1859.
                     
                
               
               I did myself the honor of laying before your Grace a statement of the
               expense, 
inconvenience
               
inconvenience, uncertainty and delays to which emigrants were
               exposed in making purchases of land in that Colony.
               
               2.  I also stated that the Government Surveys could not
               keep pace with the demand for public land, and I might moreover
               have added that the expense of moving Surveying parties of the
               Royal Engineers to the various points where land is required
               for settlement and cultivation, would probably exceed the money
               value of the land sold.
               
            
            
               3.  I at the same time, informed Your Grace that in order
               to remove so pregnant 
               
a
               
               a cause of complaint and to facilitate
               settlement, and promote the lawful acquisition of unsurveyed
               agricultural land, pending the operation of the public surveys,
               I had authorized the occupation of land to the extent of 160
               acres with a preemption right, by any person immediately
               occupying and improving such land, and agreeing to pay the
               Government price, not exceeding Ten Shillings an acre, whenever
               the land is surveyed and Title granted.
               
               4.  I now forward herewith, a Proclamation giving to my
               previous instructions the force of Law, and also providing for
               the purchase, 
               
with
               
               with the same limitation of the ultimate price,
               of larger tracts of unsurveyed country land, in addition to the
               land preempted, as may be desired by persons of larger means;
               it being in that case, also provided in order to guard against
               the mere speculative holding of land, that Five Shillings an
               acre is to be paid down, and the residue at the time of Survey.
               
               5.  This Act has been reviewed with much anxious consideration,
               and every precaution has been taken to adapt its machinery to
               the state of the Colony, and to divest it of unnecessary forms,
               expense, and delay.
               
            
            
               6. The
               
               6.  The District Stipendiary Magistrates will record the
               application for land, and immediately report the same to the
               Commissioner of Lands and Works, and to the Colonial Secretary,
               so that it will not cause any further drain on the funds of the
               Colony.
               
 
            
            
               7.  The object of the measure is solely to encourage and
               induce the settlement of the Country; occupation is therefore
               made the test of title, and no preemption Title can be perfected
               without a compliance with that imperative condition.
               
            
            
               8.  The Act distinctly reserved, for the benefit of the 
               
Crown
               
               Crown,
               all Town Sites, auriferous land, Indian Settlements, and public
               rights whatsoever; the emigrant will therefore on the one hand
               enjoy a perfect freedom of choice with respect to unappropriated
               land, as well as the advantage which is perhaps of more real
               importance to him, of being allowed to choose for himself, and
               enter at once into the possession of land, without expense or
               delay; while the rights of the Crown are, on the other hand,
               fully protected, as the land will not be alienated, nor Title
               granted, until after payment is received.
               
               9.  The system will, I trust, have the effect of enlisting
               the sympathies, and letting loose the energy, intelligence, and
               
activity
               
               activity of the whole emigrant population upon the public domain,
               adding daily to its value, while it is to be hoped the people
               themselves will become more and more attached to the soil, and
               more studious to acquire property in land rendered valuable by
               their own labour.
               Thus men who have no serious intention of settling in the Country,
               and others who, on their first arrival, have not the means of
               buying land, become in the end devoted settlers, and in their
               capacity of producers and consumers, valuable contributors to
               the public Revenue.
               
               10.  Other good effects are expected to result from the
               operation of the Act; there is for example, every reason to
               
               
believe
               
               believe that it will lead to the more rapid colonization of
               the Country; and to greater economy in its Survey, which can
               be effected hereafter, when roads are made, at a much smaller
               cost for travelling and conveyance, than at the present time.
               
               11.  The District Magistrates are authorised in all cases
               of dispute about land to proceed immediately in a summary way,
               to settle boundaries, to restore possession, to abate intrusions,
               and to levy such costs and damages as they may think fit, a
               course, which I believe will have the happiest effect, in
               preventing litigation, and private acts of violence for the
               redress of grievances; and to guard 
               
against
               
               against injustice on the
               part of the Magistrate, an appeal from his decision may be
               carried to the Supreme Court of the Colony.
               
               12.  I have only further to Express a hope that the measure
               may meet with the approval of Her Majesty's Government.
               
            
            
            
            
            
            
               Minutes by CO staff
               
               
               
                
                  
                  Mr Merivale
                     The Governor has carried into effect, formally, his
                     intention of allowing occupation of Crown Land, with right of preemption.
                     
 
                  
                  
                     I suppose the first step will be to refer this to the
                     L & E. Commrs, for report.
                     
                  
                  
                  
                   
            
            
               Documents enclosed with the main document (not transcribed)