No. 125
               
            
            
               
               
                     Victoria
                     
                  
               24th September 1867
               
               My Lord Duke,
                
            
            
               In reply to 
Lord Carnarvon's Despatch N
o 14 of the 
15th
                  of February last, I have the honor to acquaint Your Grace that
               I have made careful enquiries in respect
of
 of the extent of the
               Public Park at 
Victoria sold in error by the Hudson's Bay Company,
               and of the sum received for it, and I enclose herewith copy of
               reports I have obtained on the subject from 
Mr Young the
               Colonial Secretary and 
Mr Pearse the Acting Surveyor General
               of the late Colony of 
Vancouver Island.
               
               2.  It appears from these papers that the exact extent of
               public land
erroneously
 erroneously sold is five acres and one quarter, and
               that the money value accruing to the Hudson's Bay Company in
               consequence may be fairly estimated at $1700 or £350.10.4.
               
               3.  I notice that no allusion is made to the matter of Lot Z,
               which is very much in the same category with the Sale of the portion
               of the Public Park.  From all that has transpired upon this subject
               I think
it
 it would be a cause of future regret if the present
               opportunity were allowed to pass without this affair being arranged.
               I know not whether Her Majesty's Government may coincide in the
               views expressed in the report forwarded by 
Governor Kennedy in his
               Despatch N
o 81 of the 
20th October 1866, so far as Lot Z
               is concerned, but whether it may be so or not, or whether the
               Hudson's Bay Company may or may not
have
 have also agreed to refund
               the purchase money of Lot Z, I would urge to avoid future
               complications and annoyance that the matter should be settled at once.
               
               There is every reason to believe that only a small instalment
               of the purchase money of Lot Z has been paid to the Hudson's Bay
               Company, and it is certain that no title has been issued.
               
            
            
               The matter can therefore be easily arranged by the
Company
 Company.  But
               should Your Grace decline to interfere I believe that a compromise
               can be effected in respect of the refund to be made for the Park
               Land, and that if the one matter be allowed to balance the other
               the local authorities of the Hudson's Bay Company can arrange the
               matter with 
Mr Lowenberg and put the Government again in
               peaceful possession of Lot Z upon the understanding that by so
doing
               doing the claim on them for the refund on account of the Park land
               will be discharged.  Should Your Grace approve of this suggestion
               I will as soon as practicable endeavor to carry it out.
               
               4.  This proposition is very favorable to the Hudson Bay
               Company and is a virtual surrender of the just claim of the Crown
               to the land, but it seems a ready and liberal way of
ending
 ending
               a troublesome and complicated business.
               
               I have the honor to be
               My Lord Duke,
               Your most obedient
               humble Servant
               
Frederick Seymour
               
               Minutes by CO staff
               
                
                  
                  Sir F.Rogers
                     This must go to the Land B
d.  As regards lot Z the Com
rs
                     reported (see par: 6 of 11971) that the sale was a good one &
                     that they recommended that the money to be 
recd for 
Beacon
                        Hill Park 
shd be

 should be [sic] spent in repurchasing lot Z.
                     Hence the Gov
rs despatch of 
20 Oct. 1866 to which he refers
                     (see 11379) has remained in abeyance.
                     
 
                  
                  
                   
                  
                  
                     At once.
                     
                  
                  
                  
                   
            
            
               Documents enclosed with the main document (not transcribed)
               
               
               
                
                  
                  
                     B.W. Pearse, late Acting Surveyor General, to 
Young, 
2
                        May 1867, reporting on the size of the parcel erroneously sold by
                     the company, and the money received for it, with sketch map appended.