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 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.