Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Collier, R. P. and
Collier, R. P. to
Cardwell, Edward 8 March 1866, CO 305:30, no. 2296, 77.
Abstract
Public Offices document.
Minutes (2), Enclosures (untranscribed) (1), Other documents (1).
Palmer and Collier to Cardwell
Lincoln's Inn
8th March 1866
Sir,
We are honoured with your commands, signified in Sir Frederic
Rogers's letter of the 14th February ultimo, stating, that he was
directed by you to bring under our consideration the following
case.
By Letters Patent, dated the 13th of January 1849, Vancouver Island was granted to the Hudson's Bay Company, (P.P. House of
Lords 12th February 1849).
The grant was made revocable, upon the expiration ofa
a certain
License to trade in part of British North America, enjoyed by the
same Company, subject to repayment of the Company's outlay of a
Public character, and to compensation for their establishments
property and effects.
a certain
License to trade in part of British North America, enjoyed by the
same Company, subject to repayment of the Company's outlay of a
Public character, and to compensation for their establishments
property and effects.
In January 1858, notice was given to the Company, that the grant
would be revoked, upon expiration of the License to trade which
happened on the 13th of May 1859.
In the meantime, (1853), the
Company had caused to be registered, as belonging to themselves by
a title older than the grant, 3,084 acres, or thereabouts,
including the site of the Town of Victoria, which they accordingly
claimas
as their own property.
as their own property.
This claim was not admitted, and steps were taken for its
investigation by the Judicial Committee of Privy Council; which,
however, was superseded by an Indenture between the Crown and the
Company, which was executed on the 3rd of February 1862:
(Colonial Green Book p.p. 41, 42).
By this Indenture it was agreed, that sales of portions of the
disputed property, effected before the 1st of January 1862, should
be valid and effectual as against the Crown; and that the unsold
portion should be divided between the Crown and the Company, in the
manner proposed in the Indenture.
The
The other claims of the Company have been satisfied, by payment of
£57,500.
The Reconveyance of the Island to the Crown has been delayed, by
causes into which it is not now necessary to enter.
In a letter dated the 20th March last, the Land and Emigration
Commissioners submitted the Draft of an Instrument for the purpose;
and, in a letter dated the 2nd ultimo, they submitted a fresh
Draft, which they proposed should be substituted for the other.
Copies of these letters, and of the Draft Instruments and Maps
referred to in them, were annexed.
Sir Frederic Rogers was also pleased to state, that he was directedby
by you to request, that we would inform you, whether the Draft last
submitted would be sufficient in form and legal effect: And, that,
if we should be of that opinion, the Draft would be communicated to
the Company, for their approval, with an intimation, that, before
it is finally submitted to the Company for execution, it would be
forwarded to the Governor for verification in respect to the
description of the lands, which are to be excepted from the
reconveyance.
by you to request, that we would inform you, whether the Draft last
submitted would be sufficient in form and legal effect: And, that,
if we should be of that opinion, the Draft would be communicated to
the Company, for their approval, with an intimation, that, before
it is finally submitted to the Company for execution, it would be
forwarded to the Governor for verification in respect to the
description of the lands, which are to be excepted from the
reconveyance.
In obedience to your commands, we have taken these papers into our
consideration, and have the honour to
Report
That wehave
have made some alterations in the accompanying Copy of
the Draft; subject to which, we are of opinion, that the Draft last
submitted is sufficient in form and legal effect.
have made some alterations in the accompanying Copy of
the Draft; subject to which, we are of opinion, that the Draft last
submitted is sufficient in form and legal effect.
Minutes by CO staff
At once ask the E.C. to obtain the concurrence of the HBC in
these slight alterations. Perhaps the papers had better be sent in
orig. to save time & copying.
FR
10/3
Documents enclosed with the main document (not transcribed)
Draft copy of an indenture for the final reconveyance of
Vancouver Island to the crown, edited and initialled by Palmer
and Collier (fifteen pages).
Other documents included in the file
Rogers to Emigration Commissioners, 11 March 1866, forwarding
copy of the letter and amended draft conveyance for information,
and asking that they obtain the "concurrence of the Company to the
slight alterations made in the Draft."