Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 4 March 1861, CO 305:17, no. 4322, 96.
Abstract
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 4 March 1861, CO 305:17, no. 4322, 96.
Despatch to London.
Minutes (1), Enclosures (transcribed) (1), Enclosures (untranscribed) (1), Marginalia
(1).
No. 18, Legislative
4 March 1861
With reference to my Despatch No 16 of the 18th of February
transmitting the Acts passed in the House of Assembly during the past
Session, I have the honour now to forwardthe
the report upon those Acts,
by the Attorney General, which should have accompanied that Despatch,
but could not be obtained in time.
the report upon those Acts,
by the Attorney General, which should have accompanied that Despatch,
but could not be obtained in time.
Documents enclosed with the main document (not transcribed)
George Hunter Cary, Acting Attorney General, to Acting Colonial
Secretary, 23 February 1861, reporting on the various Acts "which
have become law during the late Session of the House of Assembly"
(21 pages).
Documents enclosed with the main document (transcribed)
The Atty Genls report on these Acts (4322) has just been
recd—& gives a very good accg of the Acts.
3646 V.C.
3646 V.C.
No 1 (or 19) assigns certain permanent salaries to
the Governor, C.J., Col. Secy, Treasurer, Surveyor Genl
and Atty Gl—in all £3200 per ann.
These are granted on condition that the Land Revenue is given up.
Mr Murdoch's & my own (written from the Emign Office with little
knowledge of the circes of V.C.I. in particular) on a Land
Board Report 3485/60 VanCouvers Island.
Mr Elliot's is minuted on that report.
So is the D. of Newcastle's.
I would only suggest one temporary obstacle to the giving up of the
Land Fund.
It is impossible to forsee what turn
the pending negotiations
with the H.B.C. may take; it may be prudent for the Govt to
compromise—compensate &c &c and this probably
by grants of land or by abandonment of questionable claims upon Land.
the pending negotiations
with the H.B.C. may take; it may be prudent for the Govt to
compromise—compensate &c &c and this probably
by grants of land or by abandonment of questionable claims upon Land.
At present the Crown being the land owner is competent to deal ad
arbitrium with questions of this kind. But when the land is handed
over to the Colony this can no longer be done.
It is therefore very questionable whether this ought to be done at
present—cf also the Govrs views in 3649 V.C.I.
Nos 2 & 3 (or 20, 21). Supply Acts—Sanction.
No 4 (or 24). Act imposing a tax on certain trades &
professions—Sanction.
No 5 (or 26). Road Act. Six days labour to be given for the first
100 acres & 2 days for every additl hundred any person may
possess—also six days to be given by every male resident above 18
years old—composition
6s/3 a day.
Appointment of Road Commr & Overseer
provided for. Sanction.
Appointment of Road Commr & Overseer
provided for. Sanction.
No 6 (or 27). A tax of 1 per cent per annum on the
market value (not rental) of any real estate—with certain
exceptions among wh are "all agricultural buildings & improvements."
The Govr dislikes the Law.
The tax seems (by the Atty Genl's report) to have been passed not
witht an eye to Speculators in Land. Sanction.
No 7. Fees for entrance & clearance of Vessels. Refer to B of
Trade with extract from Atty Gens report.
3649 V.C. Island
3649 V.C. Island
No 18. Joint Stock Compies Act. Sanction.
No 22. Street Fund. 2000£ (borrowed of course)
to be spent on improvement of Streets in Victa—a tax of 5/6 per
cent coincidently imposed on real property in Victoria.
No 23. Protection of firemen destroying property in exercise of
their office. Sanction.
No 25. Persons who sell liquor to Indians or who keep liquors
(without licence) within 50 yards of any Indian reserve or gathering
are subjected to a fine of 100£ for the first offence—and to
imprist not exceedg a year &
not less than a month for the second. A well meant Act. But
observe that it seems that no fine could be imposed in the case of a
second offence—and that it is doubtful whether any punishment
whatever cd be inflicted for a third or subsequent offence.
Sanction however.
No 28. Any person who has an informal or defective conveyance of
the fee simple of any Estate on Land (to wh
fee simple the Act is easily limited) may summon his Grantor
before the Supreme Ct & if the conveyance shews that the
fee was intended to be granted, may obtain a legal Grant. A
rough remedy for a usual difficulty in the early stages of Colonies.
Sanction.
No 30. Gas Compy. Sanction.
No 31. Titles derived from H.B.Cy. Refer to H.B.Cy for any
observations they may desire to offer.
No 32. Provides a summary method of dealing (by a jury of 8 men)
with offences triable at Quarter Sessions. I dare say a very
good Act. Sanction.
No 33. An action, the cause of wh has arisen in a foreign country
is to be barred by turn in V.C.I if it wd have been so barred in
the country where the contract (or other cause of action) took place.
Very right. Sanction.
No 24. Registration of Voters. Sanction.
No 35. Victoria Bridge. Sanction.
No 36. Transfer of Real Estate. Defer consideration. The Atty
Genl promises a further report. (If it is even a tolerable Act it
will do him great credit.)
This has not been received.
EBP
23-6 [date partly off microfilm]
No 37. Powder Mill. Sanction.
I think the Govr mt be told that the Legislation of the Session
appears to the D of N very creditable to the industry & practical
good sense of the Legislature.
It mt be observed however as a matter of detail that it wd be a
convenience if the Acts are numbered and in all cases were accompd
by a marginal abstract.
FR
18/5
Minutes by CO staff
Duke of Newcastle
The Vancouver's Id legislation of the past session (wh. lasted nearly twelve months!) deserves, I think, the compliment proposed and so does the Attorney General. The only question of doubt is as to the surrender of the Crown Lands to the Assembly. It seems to me that the consideration urged by Sir F.R. is conducive—altho' only temporary—and that the Govr sh. be informed that until the negociations with the H.B.Co. are terminated the disposal of the Waste Lands of the Crown must be retained in the hands of the Crown, but that as soon as those questions are settled, you will be prepared to advise their transfer to the control of the Colonial legislature, provided that a Civil List be granted to Her Majesty upon a scale of sufficient liberality. You will see (in 3649) that the Govr is not satisfied with the present scale, & means to propose another in the next Session.
The Vancouver's Id legislation of the past session (wh. lasted nearly twelve months!) deserves, I think, the compliment proposed and so does the Attorney General. The only question of doubt is as to the surrender of the Crown Lands to the Assembly. It seems to me that the consideration urged by Sir F.R. is conducive—altho' only temporary—and that the Govr sh. be informed that until the negociations with the H.B.Co. are terminated the disposal of the Waste Lands of the Crown must be retained in the hands of the Crown, but that as soon as those questions are settled, you will be prepared to advise their transfer to the control of the Colonial legislature, provided that a Civil List be granted to Her Majesty upon a scale of sufficient liberality. You will see (in 3649) that the Govr is not satisfied with the present scale, & means to propose another in the next Session.
CF
18