Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 4 November 1862, CO 60:13, no. 12258, 490.
Abstract
Despatch to London.
Minutes (2), Enclosures (untranscribed) (4), Other documents (3).
Douglas forwards Newcastle copies of the following acts:
No 3. 'The Lillooet Alexandria Road Toll Act';
No 4. 'The Lytton Alexandria Road Toll Act';
No 6. 'The Sunday Observance Act 1862';
No 7. 'The Lytton Alexandria Tolls Act 1862';
No 8. 'The New Westminster Municipal Extension Act No 2'; and
Rules and Regulations under the Gold-fields Act 1859,along with explanations of each.
No. 46, Legislative
4 November 1862
I have the honour to forward herewith, the six undermentioned
Acts, together with the Attorney Generals Report thereon:
1. No 3. "The Lillooet Alexandria Road Toll Act."
2.
2. No 4. "The Lytton Alexandria Road Toll Act."
3. No 6. "The Sunday Observance Act 1862."
4. No 7. "The Lytton Alexandria Tolls Act 1862."
5. No 8. "The New Westminster Municipal Extension Act No 2."
6. "Rules and Regulations under the Gold-fields Act 1859."
2. No 4. "The Lytton Alexandria Road Toll Act."
3. No 6. "The Sunday Observance Act 1862."
4. No 7. "The Lytton Alexandria Tolls Act 1862."
5. No 8. "The New Westminster Municipal Extension Act No 2."
6. "Rules and Regulations under the Gold-fields Act 1859."
By the first and second of these Acts are imposed Tolls each
of one half-penny sterling per pound weight on goods and of oneShilling
Shilling per head on cattle, passing or carried along any part of
either of the routes; and the fourth Act was passed to restrain
attempted evasions of the second Act; their sole object is to raise
a Revenue for defraying the cost of making and keeping the Roads in
repair. The first two Acts provide also for the repayment, with
interest, out of the said Tolls, of all Government advances made
during the construction ofthe
the roads as loans to the Contractors,
for whose benefit the said Toll will thereafter be collected for
the unexpired term of five years from the 1st of September 1862, subject only to the cost of repairs and necessary deviations. It
was also thought expedient to reserve a power to redeem the roads,
at a fair valuation, within eighteen months of the date of these
Acts, should that course be considered desirable.Rules
Shilling per head on cattle, passing or carried along any part of
either of the routes; and the fourth Act was passed to restrain
attempted evasions of the second Act; their sole object is to raise
a Revenue for defraying the cost of making and keeping the Roads in
repair. The first two Acts provide also for the repayment, with
interest, out of the said Tolls, of all Government advances made
during the construction ofthe
the roads as loans to the Contractors,
for whose benefit the said Toll will thereafter be collected for
the unexpired term of five years from the 1st of September 1862, subject only to the cost of repairs and necessary deviations. It
was also thought expedient to reserve a power to redeem the roads,
at a fair valuation, within eighteen months of the date of these
Acts, should that course be considered desirable.Rules
—Rules and Regulations—
This Act has a two-fold object, first to render the owners
of mining races responsible for all damage to public roads caused
by leakage or improper construction of races, and secondly to
protect the public against exorbitant claims for compensation
by the owners of water privileges, or races, crossing, or running
parallel to any line of public road; and provided for the
settlement of all reasonableclaims
claims, in case of injury to such property.
claims, in case of injury to such property.
The Sunday Observance Act was passed to remove doubts which
had arisen as to the powers of Magistrates in enforcing the proper
observance of the Lord's Day.
The New Westminster Municipal Extension Act was passed on
a requisition of the inhabitants, to enable the Municipal Council
to borrow money, on the security of the City Revenue, for the
construction of Streets and other public Works; and toimpose
impose
special taxes, by the passage of a Bye-law, for the repayment of
such loans.
impose
special taxes, by the passage of a Bye-law, for the repayment of
such loans.
Trusting that these Acts may meet with approval.
Minutes by CO staff
Sir F. Rogers
The Road Toll Act passed in 1860 has not yet been approved for the reasons stated in the Minutes on 1547. No objection however has been raised to the Act in the Colony.
The Road Toll Act passed in 1860 has not yet been approved for the reasons stated in the Minutes on 1547. No objection however has been raised to the Act in the Colony.
VJ
23 Decr
Duke of Newcastle
Sanction 3 & 4 and 7 (Tolls Acts) though it is a little unsatisfactory to observe that high tolls appear to be producing evasion.
Sanction 3 & 4 and 7 (Tolls Acts) though it is a little unsatisfactory to observe that high tolls appear to be producing evasion.
Reserve the decision on 6 (Sunday Trading) pointing out that
the Proclamation should print in a schedule or at least specify
by reference the English Acts wh the Law introduces. How is
an American immigrant without such intimation to know the penalties
to wh he is liable.
Reserve the decision also in No 7 observing that it seems
at first sight very improper to tax water carriage in order to
improve land carriage. But ask for explanation.
Sanction No 8 Municipal Loan.
No 9 to Land Board (I think appeal should be allowed
when the sum claimed was greater than 200£ even though the
decision was for less (S. 6) subject to some additl risk on
the part of the applicant or [rest of line cut off microfilm].
Documents enclosed with the main document (not transcribed)
Copies of ordinances not in file.
H.P.P. Crease, Attorney General, to Colonial Secretary, 22
August 1862, reporting favourably on Lillooet-Alexandria and
Lytton-Alexandria Road Tolls Acts.
Crease to Colonial Secretary, 15 September 1862, reporting
favourably on the Rules and Regulations under the Gold Fields
Act 1862 and the Lytton-Alexandria Road Tolls Act 1862.
Crease to Colonial Secretary, 18 September 1862, reporting
favourably on the Westminster Municipal Extension Act No. 2.
Other documents included in the file
Draft, Elliot to Emigration Commissioners, 6 January 1863,
forwarding copy of the gold fields act for suggestions and observations.
Draft reply, Newcastle to Douglas, No. 5, 17 January 1863,
informing Douglas that
Proclamations 3, 4 and 8have been approved, requesting amendments to
Proclamation 6and
Proclamation 7,and advising that
the proclamation entitled 'Ditches - Rules and Regulations Under the Gold Fields Act 1859' remains under consideration.
