No. 6
               
            
            
               10 January 1861
               
            
            
               With reference to Your Grace's Despatch of the 
28th June 1860, N
o 26, upon the subject of the resumption of 
Vancouver's Island by Her
               Majesty's Government, and of the temporary arrangement
made
 made for the
               disposal of land not heretofore dealt with by the Company, I have the
               honor to acquaint Your Grace that I received by the same Mail with
               Your Despatch, the undertaking, to which you allude, from the
               Governor of the Company, to confirm all sales of such land that I
               might make.
               
               2.  There is however, one serious drawback to this arrangement, for
               by it, all the Deeds must be forwarded to the Company
in
 in England to
               be perfected by the attachment of the Corporate Seal of the Company,
               the use of which it is stated cannot be delegated.  I am not aware
               whether Your Grace contemplated this process, but it is one which
               will be productive of much embarrassment.  Under the old system when
               Land was paid for by instalments the practice was found inconvenient,
               but under existing circumstances, when Land may be sold by Auction
               and paid for
at
 at once, the delay and uncertainty attending the issue
               of the Title may, I fear, have the effect of depreciating its value.
               
               3.  As an instance of the delay consequent upon sending the Deeds to
               England, I would mention that in 
February 1859, certain Title Deeds
               were forwarded for execution, and that up to the present time they
               have not been returned.  Constant enquiries have been made at the Land
               office for them, and their

 non-arrival, combined with a rumour which
               has circulated that the Company do not intend to confirm the
               appropriation made of Land for the Public Park and Church Reserves,
               has created a feeling of distrust embarrassing to this Government.
               
               4.  I have specially addressed the Company upon the subject of the
               non-arrival of these Deeds, and in replying to the Communication
               before alluded to, from the Governor of the Company, I have again
               adverted to the circumstance
as
 as will be seen from the Copy of the
               letter I enclose herewith.
               
               5.  My recent Despatch N
o 51 of the 
7th December last, will throw
               much light upon the claim, now under the consideration of the Judicial
               Committee of the Privy Council, made by the Company to 3084 acres
               around 
Fort Victoria; and I trust I may be pardoned for urging upon
               Your Grace that no settlement of the claim should be
admitted
 admitted which
               would in any way infringe upon the Reserves made and virtually
               guaranteed to the Public by being marked upon the Official Plan, and
               used as appropriated.
               
               6.  To convey a clearer idea of the position of the land in question,
               I forward herewith a Rough Sketch Map of the Town of 
Victoria and
               Environs, upon which the portions reserved for Governmental and
               Public
purposes
 purposes are distinctly noted and marked in color.
               
               I have the honor to be
               My Lord Duke,
               Your Grace's most obedient
               and humble Servant
               
James Douglas
               
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Douglas to Governor 
H.H. Berens, Hudson's Bay Company, 
8 January
                        1861, explaining the difficulty anticipated if deeds of conveyance
                     were to be forwarded to 
London for execution, using as an example the
                     non-return of deeds sent for execution in 
1859, as per despatch.
                     
 
                  
                  
                  
                     "A Sketch Map of the City of 
Victoria and Environs, exhibiting the Reserves made of Land for governmental and public purposes."
                     
                     
 
                
            
            
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