Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch from London
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes to
Douglas, Sir James 21 August 1861, LAC :, 497.
Abstract
Despatch from London.
Newcastle writes to Douglas on “the subject of the conveyance of Land in British Columbia,” and an error in the land-grant process. Newcastle finds Douglas's corrective instructions to Moody and the “District Magistrates” appropriate, but notes that “imperfect language” in
Douglas's proclamation was to blame for the mistake, and not the “Chief Commissioner.”
No. 86
21 August 1861
I have the honor to acknowledge the receipt of your despatch, No.
30, of the 4th of June last, on the subject of the conveyance of
Land in British Columbia.
The Instructions which you have issued to Colonel Moody and to the District Magistrates, to avoid for the future the errorwhich
which had occurred in the grant of unsurveyed Land in the Colony, appear well
calculated to produce the desired effect.
which had occurred in the grant of unsurveyed Land in the Colony, appear well
calculated to produce the desired effect.
I must however observe that although it is doubtless very desirable
that Land disposed of before Survey should be subject to the condition
of continuous occupation till the Survey comes up to it, that condition
is not imposed by the 7th Article of the Proclamation. Any confusion
therefore which may result from the omission of that condition is in my
opinion chargeable on theimperfect
imperfect language of the Proclamation and not
on the Chief Commissioner.
imperfect language of the Proclamation and not
on the Chief Commissioner.