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 11 February 1862, CO 305:19, no. 3888, 54.
Abstract
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 11 February 1862, CO 305:19, no. 3888, 54.
Despatch to London.
Minutes (3), Enclosures (transcribed) (1), Enclosures (untranscribed) (2), Other documents
(1).
No. 9, Legislative
11 February 1862
I have the honour to inform Your Grace that the second Session of the
Second Parliament of Vancouver Island was closed by Prorogation on
the 3rd day of the present month (February), and Iherewith
herewith enclose
a Copy of my speech to the Legislature on that occasion.
herewith enclose
a Copy of my speech to the Legislature on that occasion.
2. Twenty Bills have, in all, been introduced during the late
Session, Seventeen of which have passed both Houses and received my
assent, and three are now before the Council, and will probably not
pass without material alterations.
3. The Estimates submitted to the House at the openingof
of the
Session were voted, with a few unimportant alterations: the whole
sum granted for the service of the Year 1861 being £20,460, or £75 in
excess of the estimated Expenditure; the House having increased the
sums allowed for Schools and other objects.
of the
Session were voted, with a few unimportant alterations: the whole
sum granted for the service of the Year 1861 being £20,460, or £75 in
excess of the estimated Expenditure; the House having increased the
sums allowed for Schools and other objects.
4. The Public Revenues for the same period have produced the sum of
£20,687 and there remains to be collected a further sum of £1300,
being arrears of Taxesfor
for 1861, and applicable to the service of
that year.
for 1861, and applicable to the service of
that year.
5. Bills were introduced early in the Session for the purpose of
quieting Titles derived through Aliens—and for enabling Aliens to
hold Real Estate—and to enjoy, after a certain residence in the
Colony, all the rights and capacities of British Subjects, saving
only that of serving as Members of either branch of the
Legislature—and also for amending the presentpractice
practice and pleadings
of the Civil Courts. These were all duly passed, and the several
Acts have since been forwarded to Your Grace for Her Majesty's approval.
practice and pleadings
of the Civil Courts. These were all duly passed, and the several
Acts have since been forwarded to Your Grace for Her Majesty's approval.
6. These Acts are essential to the proper growth and development of
the Colony, and are much appreciated by the foreign population who
have become residents of the Country.
7. Acts have alsobeen
been passed for preventing frauds on creditors by
secret Bills of Sale—and unnecessary Expense and delay in recovering
on Bills of Exchange—and for declaring the Law relating to
Bankruptcy and Insolvency; these latter Acts being simply adaptations
of the Imperial Statutes for the same purposes.
been passed for preventing frauds on creditors by
secret Bills of Sale—and unnecessary Expense and delay in recovering
on Bills of Exchange—and for declaring the Law relating to
Bankruptcy and Insolvency; these latter Acts being simply adaptations
of the Imperial Statutes for the same purposes.
8. The other Acts of the session are of merely local importance, or
of a private nature.
9. The Legislative Assemblythroughout
throughout the Session have exhibited a
tone and spirit worthy of their position, as well as a sincere desire
to promote the public welfare.
throughout the Session have exhibited a
tone and spirit worthy of their position, as well as a sincere desire
to promote the public welfare.
10. Copies of all the Acts referred to in this Despatch, excepting
those previously forwarded, and the Bankruptcy Act, which has not
been received from the Printers, are herewith transmitted to Your
Grace with the Attorney General's Report, and the accompanyingSchedule
Schedule.
Schedule.
Minutes by CO staff
TFE
21 April
Pawnbrokers may take interest at the rate of 60 per cent per ann.
I am told that in V.C.I. this rate is not outrageous.
The Atty General's notion of the Act respecting foreign judgments is
worth reading. I have no doubt that in the neighbourhood of the U.S.
the Act is desirable though it has rather the appearance of inviting
into the Country runaway debtors &c. It is (I conceive) within the
competency of a Colonial Legre to determine within what limits, the
Colonial Courts shall take cognizance of the proceedings of a foreign
tribunal.
Sanction all the Acts.
Documents enclosed with the main document (transcribed)
Schedule of Acts transmitted
1. Liquor Licence Act 1861.
2. Firemans Protection Act 1861.
3. Supplementary Street Act 1861.
4. Bills of Sale Act 1861.
5. Pawnbrokers Act 1861.
6. Summary Procedure on Bills of Exchange Act 1861.
7. Victoria Gas Company's Extension Act 1861.
8. Trades Licence Amendment Act 1861.
9. Extension of Limitations of Foreign Actions Act 1861.
10. Act to prevent Swine and Goats from running at large.
11. Bill of Supply £4550.
12. Bill of Supply £15,910.
acts
Acts transmitted with Despatch No 73,
of the 25th of November 1861
No 1—Act to enable Aliens to hold Real Estate 1861.
" 2—Vancouver Island Civil Procedure Act 1861.
" 3—Alien Act 1861.
" 4—Act for the confirmation of the Titles of Aliens to Real Estate
1861.
Total number of Acts passed during the Session—17.
Transmitted herewith . . . . . . . . 12
Do 25th November 1861 . . . 4
At Printers (Bankruptcy Act) . . . . 1
Total . . . . 17
Transmitted herewith . . . . . . . . 12
Do 25th November 1861 . . . 4
At Printers (Bankruptcy Act) . . . . 1
Total . . . . 17
Documents enclosed with the main document (not transcribed)
Copy of speech given by Douglas to the Legislative Council and
Legislative Assembly to prorogue parliament, 3 February 1862,
as per despatch.
George Hunter Cary, Attorney General, to Colonial Secretary, 15 February 1862, reporting in detail on the acts passed in the recent
session of parliament.
Other documents included in the file
Newcastle to The Lord President, 24 May 1862, forwarding twelve acts
passed by the Legislature of Vancouver Island to be submitted to the
Queen in Council.
People in this document
Cary, Attorney General George Hunter
Fortescue, 1st Baron Carlingford Chichester
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes