Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Correspondence (private letter)
Harris, Isiah to Pelham-Clinton, Henry Pelham Fiennes 27 March 1862, CO 60:14, no. 3060, 400.
Abstract
Correspondence (private letter).
Minutes (3), Other documents (1).
Harris, representing investors considering
working the Alluvial Gold deposits in British Columbia,asks Newcastle whether contract law in the colony
is sufficiently strong to enforce agreements if an attempt should be made to evade them.Rogers minutes that although English law is in force in British Columbia,
in all thinly peopled countries where the labour is in request there is found to be the greatest difficulty in enforcing the performance of contracts of service against labourers who desire to escape from them.
Harris to Newcastle
It is proposed to form a Company with a Capital of 50,000£
for the purposes of working the Alluvial Gold deposits in British Columbia. For the successful carrying out, it is necessary to
send out Artizans and Laborers, and as Contracts will be made with
them here for the due performance of their duties there,
permit me to enquire if the Law in British Columbia is
sufficiently strong to enforce agreements if an attempt should be
made to evade them.
Minutes by CO staff
Mr Elliot
There is at present no Law in B. Columbia specially relating to Contracts. Sir F. Rogers could perhaps say how far the English Law is applicable to the case.
There is at present no Law in B. Columbia specially relating to Contracts. Sir F. Rogers could perhaps say how far the English Law is applicable to the case.
ABd
28 March
TFE
28 March
The English Law is in force in B. Columbia "so far as the
same is applicable to the circumstances of the Colony." What the
English Law is, is a question for Mr Harris' Attorney—whether
a judge would, in this respect hold English Law to be "applicable
to the circumstances" of the Colony is a matter to a certain
extent of conjecture. Nobody knows exactly what the phrase means.
I should think it would.
a judge would, in this respect hold English Law to be "applicable
to the circumstances" of the Colony is a matter to a certain
extent of conjecture. Nobody knows exactly what the phrase means.
I should think it would.
What is certain is that in a thinly peopled country
contracts of service never can be enforced unless it is for the
advantage of the labourer to keep them.
I would answer generally to the above effect, viz That
British law was generally in force in B. Columbia and that in the
absence of any special legislation respg contracts, H.G.
presumed that the English Law of Contracts wd be in force in
the Colony—& that Mr Harris wd probably judge for himself
after consulting his usual legal advisers how far the provisions
of that law would be sufficient for his purposes. But that it is
proper to add that in all thinly peopled countries where the
labour is in request there is found to be the greatest difficulty
in enforcing the performance of contracts of service against
labourers who desire to escape from them—a difficulty arising not
from the provisons of the Law but from the condition of the
country itself wh renders an efficient policy for such purposes
impossible.
