Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 4 June 1861, CO 60:10, no. 6743, 274.
Abstract
Despatch to London.
Minutes (2), Enclosures (untranscribed) (2), Other documents (1).
Douglas writes to Newcastle to report his correction of the “error and confusion” caused by the “Chief Commissioner
of Lands and Works,” who had misunderstood the two distinct ways in which land can
be purchased legally in British Columbia.
The minutes ask that Douglas's despatch be sent on to the Land Board.
Of the three documents included in the file, the first is a letter from Good to the Chief Commissioner of Lands and Works, which clarifies the ways in which crown
lands may be purchased; the second is a circular from Good to District Magistrates, which details land-sale regulations, with examples of related
forms required for land purchases; the third is a draft letter from Elliot to Emigration Commissioners, which forwards a copy of Douglas's despatch and enclosures, for observation and comment.
No. 36
4 June 1861
I have lately had occasion to devote my closest attention
to a highly important subject; the method adopted by the Chief
Commissioner of Lands and Works for the conveyance of public land
in this Colony, which was obviously leading to error and confusion.
2. The sale and conveyance of public land in British Columbia
is regulated by the Proclamation of the 14th February 1859.
The provisions of the Act, so far as they respect thealienation
alienation of land, are clear and simple: all public land having after survey
to be put up for sale by public auction, and whatever remains at
such auction unsold, is afterwards disposable by private contract
at the upset price. The rule applies to all surveyed land, which
cannot otherwise be legally conveyed.
alienation of land, are clear and simple: all public land having after survey
to be put up for sale by public auction, and whatever remains at
such auction unsold, is afterwards disposable by private contract
at the upset price. The rule applies to all surveyed land, which
cannot otherwise be legally conveyed.
3. The circumstances of the Colony rendering it expedient, as
I have fully explained in my despatches to Your Grace, to open the
whole country to immediate settlement, the Proclamation of the 4th
Jany 1860 known as the Pre-emption Act was issued, for the purpose of throwing open the unsurveyedDistricts
Districts of the Colony for settlement, and of enabling bonâ fide settlers and improvers
to
acquire land and to make homesteads for themselves without waiting
for the Official survey to be completed, which it will take years
to accomplish.
Districts of the Colony for settlement, and of enabling bonâ fide settlers and improvers
to
acquire land and to make homesteads for themselves without waiting
for the Official survey to be completed, which it will take years
to accomplish.
4. The only two methods therefore of acquiring public land in
British Columbia, as by law established, are as follows:
1. The absolute purchase for cash of land included in the
official survey, under the Proclamation of the 14th Feby
1859 without conditions of settlement.
2. The acquisition, without purchase, of land not included
in the official survey, on condition of continuous residence
and improvement and payment atthe
the upset price, after the
official survey, under the Proclamation of 4th Jany 1860.
the upset price, after the
official survey, under the Proclamation of 4th Jany 1860.
5. Title deeds are in all cases issued to the purchaser, for
lands sold under the first of those Proclamations there being no
difficulty in describing and identifying the land by the Official plans.
6. On the other hand, lands held under the Pre-emption Act,
which deals exclusively with unsurveyed land, cannot be identified
otherwise than by actual occupation, and the residence of the
persons desirous of acquiring them, therefore continuous residence
and occupancy are made conditions of the tenure, and being complied
with, constitute, with the Certificateof
of Record and Deposit from
the local Magistrate, the foundation of a perfect Title till the
Official survey is made.
of Record and Deposit from
the local Magistrate, the foundation of a perfect Title till the
Official survey is made.
7. This necessary distinction in the conditions of surveyed
and unsurveyed land, has been overlooked by the Chief Commissioner
of Lands and Works; who moreover appears to have entirely
misunderstood the object of the 7th section of the Pre-emption
Act, which is intended to enable settlers on the same condition of
residence and by payment of a deposit of 5/s per acre, to acquire
larger tracts of unsurveyed land than 160 acres, the deposit in
such cases being regarded as a proper security against speculation
and a proof that the land is wanted for actual settlement.
8. I find that in consequenceof
of that misunderstanding, the
Commissioner of Lands and Works has sold several tracts of
unsurveyed land at the upset price without stipulations as to
residence and improvement, and has issued to the purchaser a
document termed a "Certificate of Title", which is really
however nothing better than so much waste paper, and has thereby
placed the Government in the false position of having made sales
of land which cannot be identified, nor without residence can
the purchaser be protected in his proper rights.
of that misunderstanding, the
Commissioner of Lands and Works has sold several tracts of
unsurveyed land at the upset price without stipulations as to
residence and improvement, and has issued to the purchaser a
document termed a "Certificate of Title", which is really
however nothing better than so much waste paper, and has thereby
placed the Government in the false position of having made sales
of land which cannot be identified, nor without residence can
the purchaser be protected in his proper rights.
9. I lost no time in taking measures to put an end to a
system so fraught with evil,which
which would have plunged the affairs of the Land Department into a state of irretrievable
confusion,
and led to endless conflicts about the ownership of land.
which would have plunged the affairs of the Land Department into a state of irretrievable
confusion,
and led to endless conflicts about the ownership of land.
10. A copy of my instructions on this subject to the
Commissioner of Lands and Works and also to the District
Magistrates is herewith transmitted for Your Grace's information,
and I shall see that those instructions are fully understood
and strictly carried into effect in the course of my progress
through the Colony.
Documents enclosed with the main document (not transcribed)
Charles Good, Acting Private Secretary, to Chief Commissioner of Lands and Works, 27 May 1861, clarifying the rules with regard to pre-emption and the general conveyance of crown
lands.
Circular, Good to District Magistrates, 27 May 1861, providing information on land regulations as noted above, including examples of
forms to be used in recording land sales.
Other documents included in the file
Draft, Elliot to Emigration Commissioners, 12 August 1861, forwarding copy of the despatch and enclosures for observations and suggestions.