No. 44
               
            
            
            
            
               I have had the honor to receive Your Lordship's despatch
               
Vancouver Island No. 21 of the 
16th of November 1866
               addressed to 
Governor Kennedy.  Your Lordship states that
you
 you
               do not understand from the information before you how it is that
               certain public Monies under the control of the Legislature have
               been expended without the requisite Legislative sanction, and
               further that if they have been so expended, it will have been
               a grave irregularity on which you would desire a full report and
               for which it will be necessary to seek a remedy at the hands of
               the New Legislature of the Colony.
               
 
            
            
               2.  I was in England at the time when these payments were made, and
               I therefore referred for information to 
Mr Young the late Colonial
               Secretary of 
Vancouver Island, whose report I have the honor to enclose.
               
               3.  It was my intention to introduce a Bill of Indemnity to the
               Legislative Council.  The fourth paragraph of my opening address is
               as follows:  "I place prominently on the list of the Measures I wish
you
               you to pass, Bills of Indemnity to My predecessor in Office in
               
Vancouver Island and myself for money expended without an
               appropriation act.  The circumstances of the case are sufficiently
               familiar to all and I have no doubt that you will legalize Acts of
               supreme necessity."  The Council replied:  "The Acts of Indemnity
               referred to by Your Excellency shall receive our most favorable
               consideration."
               
               4.  I sent down the Auditor General to 
Victoria. He found
that
 that
               the Public Accounts of 
Vancouver Island had not been Audited for a
               considerable time and I am thus compelled to defer to another
               Session the introduction of the Indemnity Bill.  The Auditor's Report
               will be found enclosed in my despatch No. 40 of the 
8th Instant.
               
               Minutes by CO staff
               
                
                  
                  
                     Sir F. Rogers
                     The Report of the late Colonial Secretary of 
V.C. Island
                     explains how it happened that 
Govr Kennedy was compelled by
                     the dead lock in the Legislature to incur a considerable
                     unauthorized expenditure.  As however 
V.C. Island no longer
                     exists as a separate Colony it could answer no useful purpose
                     to pursue the subject further—and I presume the Despatch
                     may be acknowledged with an expression of regret that the
                     state of the Audit of the Accounts has compelled 
Govr Seymour
                     to defer the introduction of the Indemnity Bill?  See 4394.
                     
 
                  
                  
                   
                  
                  
                     I do not see that there is anything else to be done.
                     
                  
                  
                  
                   
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     W.A.G. Young to 
Seymour, 
5 February, reporting on public
                     expenditures made by the Legislative Assembly "without the requisite
                     legislative sanction."
                     
                     
 
                   
            
            
               Other documents included in the file