No. 50
I have received your Despatch No. 40 of the 7th of July enclosing
the copy of a Proclamation entitled "The Sunday Observance Act 1863"
No. 6.
I have no doubt that the object of this Act is good but I think it
would have been better in a matter concerning the ordinary life of
individuals if instead of merely adopting
certain
certain Imperial Statutes
probably inaccessible to the large majority of the Colonists, and which
are partially obsolete in this Country as with regard to the punishment
of the Stocks (1 Car 6.1 and 29 Car 11.6.7) you had framed certain
regulations enacting formally and in words, so much of the English Law
as was properly applicable to
British Columbia.
Nor do I see what object could be answered by adopting the Act 13
Vict. C. 23, which is also wrongly described.
The Act 13 Victoria does but alter "An Act of Henry the 6
th." And
if the Act of Henry the 6
th is
in in force in
British Columbia it is quite
clear that the amending Act being passed before British Law was
introduced to the Colony is also in force there without express
adoption.
This error is so obvious that I am surprised that it did not attract
the attention of the Attorney General whose report I may observe does
not accompany the Proclamation.
I have not advised the disallowance of the Act but I should wish
you to submit to the Legislative Council the propriety of repeating it
and re-enacting it in an amended form.
I have the honor to be
Sir
Your most Obedient
Humble Servant
Newcastle