Colonial Despatches

I have to acknowledge your letter of 7th inst. with the copy of a despatch from the Governor of British Columbia enclosing an Ordinance "to provide for the settlement of all outstanding questions relating to the sale of land for taxes in Vancouver Island."

2. It appears that numerous sales of land had been made in Vancouver Island under the Real Estate Tax Act 1860 and an Amending Act 1862, to satisfy arrears of taxes imposed by those Acts. The sales, however, not having been made in accordance with the requirements of the Acts are defective in title and call for legislative action. If there had been nothing more in the case than the mere non-observance of technical formalities the obvious and simplest remedy would be an Ordinance validating the sales and the titles derived from them. But it appears from the report of a Commission appointed by the Governor of B. Columbia to enquire into all matters connected with these sales, that not only in no instance were the legal formalities observed, but that in numerous instances much injustice had been committed towards the owners of the land. In some cases property had been sold on which the taxes had been paid, and in all cases it had been sold at prices greatly below its value.

3. The remedy adopted by the Local Legislature is the present Ordinance not to validate, but (sections 1, 2, 3, & 4) to annul all sales made for nonpayment of taxes under the Real Estate Tax Acts & to repay to the purchasers from the public Treasury the purchase money, with interest at the extreme Colonial rate of 24 per cent per annum, and to make the sum so repaid and the subsequently accrued taxes a primary charge on the lands in favour of the Government. The Ordinance then proceeds to require (sections 5, 6, & 7) that lists of these charges and taxes should be published in the Government Gazette for three consecutive months, and if at the end of the three months the debt is not paid, the Governor is empowered to order an entry to be made on the land and a notice of entry to be registered with the Registrar of Titles, whereupon the lands are to be deemed to have passed by operation of Law into the possession of the Crown as demesne Lands. If within two years the debt should be discharged by means of the rent and proceeds, the land is to be reconveyed to the original owner—but if not, the Governor (after the lapse of six months more and monthly publications during that time of notices in the Government Gazette) is authorized to sell the land by public auction in either one or more lots, to pay out of the proceeds the sums due to the Crown, and to hold the balance for the benefit of the owner of the lands.

4. The Commissioners of Inquiry in their report state that the purchasers under the defective sales not having taken possession of or utilized their purchases can sustain but little injury, & express their deliberate & unanimous opinion that fair and substantial justice will be done, and a great embarrassment removed, by the proposed mode of settling these outstanding questions. The Attorney General and Governor Seymour approve of the measure, and under the peculiar circumstances of the case no sufficient ground occurs to us for dissenting from the general conclusions of the Legislative and Executive Authorities of the Colony. I would submit, therefore, that the Ordinance be left to its operation.

5. The subordinate questions, however, raised by the Duke of Buckingham & Chandos' despatch to the Governor of 8th Febry last, namely, as to how the irregularities connected with the sales so long escaped detection—who were the public officers charged with them—whether they are still in the public service—and in what way remunerated, cannot be dealt with until the Governor's answer has been received.