No. 27, Legislative
13 May 1863
I have the honour to forward herewith the four
undermentioned Acts, together with the Attorney Generals
report thereon
N
o 1 Roads Bonds Act
1863.
N
o 2 The Military and Naval
Settlers Settlers Act
1863.
N
o 3 The Roads Tolls Extention Act
1863.
N
o 4 Gold Fields Act
1863 and further Rules and
Regulations issued in conformity with the Gold Fields Act
1859.
1. The Road Bonds Act is so fully reported on by the
Attorney General that further comment is unnecessary except
to remark that pending the question of a further loan, I
had no alternative than thus to make provision for meeting
our liabilities on account of Roads. The sanction of that
further
loan loan now renders the Act unnecessary, and provision
will be made in the Loan Act for cancelling the principal
liability incurred under the Bonds Act.
2. The Military and Naval Settlers Act
1863 repeals the
Act under the same title of
1861. Since the reduction in the
price of Country land in
British Columbia to four shillings and
two pence (4
s/2
d) an acre, the areas
represented by the remission in the purchase money of land
to Officers of the Army and Navy greatly exceed the acreage
which it was intended to convey.
It
It was moreover found by two years experience that the Colony had not gained the
advantages anticipated from the Act by the advent of a
respectable class of settlers; while the tracts of land
occupied by the few retired Officers of Her Majesty's Army
who have taken up their abode in the Colony, have created much
dissatisfaction among other classes of Her Majesty's subjects.
These lands
being being with few exceptions, untilled and unimproved,
are a hindrance to settlement and give the impression that
they are merely held for profitable resale.
It was therefore
deemed expedient to pass the present Act which practically
offers free grants of country land closely representing the
money value of the remissions in the former Act estimated at the rate
of one pound per acre. This is the general object of the Act.
3. The Roads Tolls Extension Act is simply a Revenue
measure imposing an additional tax of say one farthing sterling
per lb upon all goods leaving
Hope,
Yale and
Douglas for parts
beyond. This measure was adopted with the consent of a
majority of the inhabitants as a further means of raising
funds for the construction and improvement of roads and is
now in profitable operation.
4. The Gold Fields Act with Rules & Regulations
1863contain contain several useful provisions for the better working of the Gold Fields. The
Free Miners rights are more clearly defined, and
the Act especially secures for that class the free use of any
water flowing naturally through or past any mining claim and
guards against the diversion of the same, by exclusive grants
which are made applicable only to surplus water not required
by working Miners, in all places
where where such privileges may
be granted. The Act also imposes a fee of ten shillings and
three pence (10
s/3
d) on the registration of claims, instead of the fee of 4
s/- before levied as a means of Revenue.
It was also thought expedient to extend the size of the
claims to 100 feet square for all alluvial diggings and to
define the extent and method of working tunnel claims; a
matter of extreme interest to the
CarribouMiners Miners whose
practical knowledge and suggestions I found of great assistance
in arranging those apparently simple, but really very difficult
points. The other provisions in this Act are fully explained
in the Attorney Generals report.
I have the honor to be
My Lord Duke
Your Graces most obedient
Humble Servant
James Douglas
Minutes by CO staff
No 1 to the Treasury.
No 2 to the Emign Crs.
I see no reason for objecting to N
os 3 and 4 or to the Gold
Field
Regulations unless the settlers object to them. I think
that in cases of this kind where we are so very much dependant
on the Governor's judgement it is best to leave these Proclamations
subject to disallowance, but in operation.
I would say therefore
that HG saw no reason to object to these Proclamations, but
thought it better that HM's sanction should not be expressly
given to them until it should appear that they worked in a manner
acceptable to the settlers.
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Colonial Secretary,
17 January 1863, reporting on the Road Bonds Act.
Crease to Colonial Secretary,
24 February 1863, reporting on
the Road Tolls Extension Act.
Crease to Colonial Secretary,
28 February 1863, reporting on
the Gold Fields Act
1863.
Crease to Colonial Secretary,
27 January 1863, reporting on the Naval and Military Settlers Act.
Other documents included in the file
Elliot to Emigration Commissioners,
11 July 1863,
forwarding extract of the despatch and military settlers act
for observations and suggestions.
Elliot to
G.A. Hamilton, Treasury,
11 July 1863, forwarding
extract of the despatch and roads bonds act for consideration.