No. 26
               
            
            
               9 May 1863
               
            
            
               I have the honour to acknowledge the receipt of Your
               Grace's Despatches N
o 5 and 6 of the 
17th and 
22nd January last,
               acquainting me that Proclamations N
os 3, 4, and 8, and the
               "Ditches
Rules
 Rules and Regulations" which were transmitted in my
               Despatch N
o 46 of the 
4th November 1862 had received Her
               Majesty's approval and confirmation.
               
               2.  The Sunday Observance Act No 6 has been forwarded to
               the Attorney General in order that the necessary Schedule may
               be appended, and will be transmitted to Your Grace in due course.
               
            
            
               3. I have to explain
with
 with respect to Proclamation N
o 7
               (
Lytton Alexandria Toll Act 
1862) which as Your Grace observes "taxes water carriage for the improvement of land carriage,"
               that the Act in question was passed at the request and for the
               protection of the Contractor, who had undertaken to construct
               the road at his own expense in consideration of a Charter
               empowering him to levy a toll of one half penny a pound on
               all goods
&c
 &c passing along the road, as his sole means of reimbursement.
               
               4. He represented that persons sought to evade the tax by
               crossing the River above 
Lytton or by going a short distance
               up the River by boat, and striking the contractors road beyond
               the Toll collectors station. The attention of Government was
               also strongly called to
the
 the fact through the Toll Collector and
               the resident Magistrate of 
Lytton.
               
               5.  To put a stop to a practise that would inevitably have
               imposed a great loss on the Contractor and ultimately on the
               Government the provisions of the Act which appear objectionable
               to Your Grace were made applicable to all goods whether carried
               by land or by water. This
would
 would have been neither just nor
               politic, had there existed a practicable water communication,
               but there being no navigable Rivers between 
Lytton and 
Alexandria,
               and all goods being conveyed between those places exclusively
               by land, there was practically no injustice in the course
               pursued, as it does not affect the interest of any persons other
               than those seeking to
evade
 evade the toll.
               
               6.  Trusting that this explanation may satisfy Your Grace as
               to the expediency of the Act, and that it may receive Her Majesty's
               approval.
               
            
            
               I have the honor to be
               My Lord Duke
               Your Grace's most obedient
               Humble Servant
               
James Douglas
               
               Minutes by CO staff
               
               
               
               
               
               
                  
                  
                     I think that with this explanation the Act may be sanctioned—no
                     petitions having (I apprehend)
                     
 been received ag
st it.
                     
 
                
            
            
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