Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 5 September 1867, CO 60:29, no. 10811, 39.
Abstract
Despatch to London.
Minutes (5), Enclosures (untranscribed) (1), Other documents (1), Marginalia (1).
Seymour forwards
No 16. An Ordinance to assimilate the law exempting the Homestead and other property from forced seizure and sale in certain cases in all parts of the Colony of British Columbiaand the Attorney General’s report. Holland’s minute summarizes ordinance 16, describes the ordinance’s effect, and further notes that this ordinance is
exactly similar to a Homestead Ordinance passed in V. Island last year,which
has never been sanctioned.Holland’s minute further discusses the positions of Seymour and the Attorney General on ordinance 16 and suggests allowing ordinance 16 with the expectations of receiving reports on its impact in British Columbia. Rogers minutes his agreement with Holland and asks for clarification on one aspect of the ordinance.
No. 101
Victoria
5th September 1867
My Lord Duke,
I have the honor to forward an authenticated and two plain
copies of an Ordinance of the last Session of the Legislature
of this Colony entitled;No 16.
No 16. An Ordinance to assimilate
the law exempting the Homestead and other property from forced
seizure and sale in certain cases in all parts of the Colony of
British Columbia.
No 16. An Ordinance to assimilate
the law exempting the Homestead and other property from forced
seizure and sale in certain cases in all parts of the Colony of
British Columbia.
The report of the Attorney General, which I
have the honor to enclose, shews that he disapproves of some of
the details of the measure. While regretting any faults which may
have crept into the Ordinance, I would wish once more to place
on record my approval of the principle it seeks toembody
embody in a
Colony situated like this.
embody in a
Colony situated like this.
Minutes by CO staff
Sir F. Rogers
Homestead Ordinance. This Ordinance is exactly similar to a Homestead Ordinance passed in V. Island last year, except that by this Ordinance the homestead need not be "the bonâ fide place of abode of the owner" as was provided by the act of 1866; and that a new provision is made for a widow by sect. 10.
Homestead Ordinance. This Ordinance is exactly similar to a Homestead Ordinance passed in V. Island last year, except that by this Ordinance the homestead need not be "the bonâ fide place of abode of the owner" as was provided by the act of 1866; and that a new provision is made for a widow by sect. 10.
The Homestead Act
of V. Island has never been sanctioned. Several of the provisions
were objected to and indeed the principle of the Act was considered
defective, & likely
to lead to reckless speculation. A report was
asked for (10631) and a report has just been received, (10833 B.
Columbia) which I send on with these papers, as they may be
considered together.
to lead to reckless speculation. A report was
asked for (10631) and a report has just been received, (10833 B.
Columbia) which I send on with these papers, as they may be
considered together.
The Governor, fully admitting some of the objections to this
Ordinance, approves the principle generally & thinks the Ordinance
will tend to promote the settlement of the Country.
The Attorney General on the other hand is strongly opposed to
the Ordinance, as tending directly to encourage fraud. He admits,
however that nearly all the members of the Legislative Council except
the Chief Commissioner & himself were not opposed to the principle
of this measure.
He is further distinctly opposed to some of the leading details
of the Ordinance, but he does not think the limitations suggested
from home in the despatch of 16 Feby 1867 could be carried out.
(See 10833.)
The V. Island Act must have been in operation a whole year, but,
curiously enough, neither the Governor or the Attorney General
state
what has been the effect of the working of the Act during that
year—whether owners have extensively availed themselves of the Act,
or otherwise.
state
what has been the effect of the working of the Act during that
year—whether owners have extensively availed themselves of the Act,
or otherwise.
I confess I have great difficulty in advising upon this
Ordinance. I am quite alive to the force of the
objections that have been raised
against the measure; but, on the otherhand, it is a measure calculated,
in the opinion of a large majority of the Colonists, and of the
Governor, to induce persons to settle in the Colony & remain there,
a consummation devoutly to be wished considering the state of the
Colonial Finances.
I should not be disposed, under all the circumstances, to
disallow
the Ordinance, but would inform the Governor that though
His Grace entertains the same doubts as to the practical effect of
the working of this Ordinance as those which he expressed in his
Despatch of the 15th February with reference to the Act of
Vancouver's Island & yet, under the circumstances, he has not
thought it necessary at present to advise that this Ordinance
should be disallowed. That whether it will be necessary for HG
to do so hereafter must depend upon the reports he receives from
the Govr of the actual working of the Act; and that he desires
that such reports should be sent to him from time to time. Such
reports should (amongst other things) contain full accounts of
the number of Homesteads registered, and the form in the Schedule
under which they have been registered, and should also, as far as
possible, state whether any of the owners who have so registered
have since become bankrupt.
HG should also be informed whether the expectation that this
Ordinance would tend to facilitate settling in the Colony has been
realized.
the Ordinance, but would inform the Governor that though
His Grace entertains the same doubts as to the practical effect of
the working of this Ordinance as those which he expressed in his
Despatch of the 15th February with reference to the Act of
Vancouver's Island & yet, under the circumstances, he has not
thought it necessary at present to advise that this Ordinance
should be disallowed. That whether it will be necessary for HG
to do so hereafter must depend upon the reports he receives from
the Govr of the actual working of the Act; and that he desires
that such reports should be sent to him from time to time. Such
reports should (amongst other things) contain full accounts of
the number of Homesteads registered, and the form in the Schedule
under which they have been registered, and should also, as far as
possible, state whether any of the owners who have so registered
have since become bankrupt.
HG should also be informed whether the expectation that this
Ordinance would tend to facilitate settling in the Colony has been
realized.
HTH
6/11
I agree (vide 10833)
I do not understand the [force?] of the latter sentence
of SS 10. And SS 11 appears to me to have the effect of making it
impossible to recover any fair proportion or debt from a person whose
property is under 150$ in value—i.e. from many a day labourer,
servant or idler. This perhaps mt be pointed out.
FR
8/11
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Seymour, 21 June 1867,
reporting on the ordinance as per despatch.
Minutes by CO staff
The Act has not yet received the sanction of HM. The principle
was objected to & a report called for. See 10631 V Isld &
the report in reply (10833 B. Columbia) just received.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 82, 14 November 1867 conveying “Her Majesty's gracious confirmation and allowance of the Ordinance … entitled
"An Ordinance to assimilate the Law exempting the Homestead and other Property from
forced seizure and sale in certain cases in all parts of the Colony of British Columbia"” and requesting updates on the impact of the ordinance on British Columbia.