Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 24 February 1868, CO 60:32, no. 4513, 70.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (3).
Seymour transmits a British Columbia ordinance
entitled; No. 40. An Ordinance to provide for the settlement of all outstanding questions relating to the sale of Land for Taxes in Vancouver Islandand British Columbia’s attorney general’s report on the ordinance. Seymour notes that the ordinance is related to the irregularities found in land sales on Vancouver Island. Holland’s minute discusses the purpose and faults of ordinance no.40. Holland’s minute recommends forwarding the despatch to the land board or withholding sanctioning the ordinance. Rogers minutes instructions for the despatch to be sent to Cardwell. Included documents describe the state of the documents on microfilm.
No. 11
New Westminster
24th February 1868
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. 40.
No. 40. An Ordinance to provide for the
settlement of all outstanding questions relating to the sale of
Land for Taxes in Vancouver Island.
No. 40. An Ordinance to provide for the
settlement of all outstanding questions relating to the sale of
Land for Taxes in Vancouver Island.
2. I already forwarded a copy of the report of the Committee
appointed to investigate the question in my despatch No. 157, of
the 30th
November 1867. Your Grace will have seen how respectably this
Committeewas
was composed, how strongly the opinion of the
Legislative Council was supported, and will I think approve of
my having assented to the Ordinance.
was composed, how strongly the opinion of the
Legislative Council was supported, and will I think approve of
my having assented to the Ordinance.
3. I enclose the Report of the Attorney General.
Minutes by CO staff
Mr Holland
See 1213 from Gov. Seymour. He had not of course recd his Grace's despatch in answer to it.
See 1213 from Gov. Seymour. He had not of course recd his Grace's despatch in answer to it.
CC
4 May 68
Sir F. Rogers
This is a somewhat embarrassing case owing to the gross irregularities with which these sales have been conducted.
This is a somewhat embarrassing case owing to the gross irregularities with which these sales have been conducted.
Perhaps this Ordinance—which avoids all sales & provides for the
repayment of the purchase money with interest—is the best way
out of the difficulty—But it seems rather hard upon owners of
land which has been wrongfully sold—Either because no taxes
were in fact due, or because no attempt to levy by distress was
made under sec 22 of the Act of 1860—that the amount repaid in
respect of purchase money & interest should be made a charge
on the Estate, & be recoverable by distress.
This is the more hard, because purchasers are fully compensated,
& yet from the Report it appears
that there was only one case in
which the purchaser had entered into possession or had done any
act which a prudent man would have done when becoming possessed
of property.
that there was only one case in
which the purchaser had entered into possession or had done any
act which a prudent man would have done when becoming possessed
of property.
Again by the Acts of 60 & 62 the owner of land had the right to
redeem the land sold by paymt of the taxes & 20 per Cent
thereon within a year. But it is clear from the Report that in
some cases the land was sold without the knowledge of the owner,
& without notice to him; so that he had no opportunity within
the year of redeeming, or proving that he had paid the taxes.
I should be disposed to send this Act & the prior papers to the
Land Board for a report, but if this should not be thought a
proper case for them I would point out the above objections to
the Governor & delay sanction.
HTH
5/5
Documents enclosed with the main document (not transcribed)
Note on microfilm as follows: "Folios 74-75 not photographed.
Newspaper extract
The Government Gazette, 1st Feby, 1868, pp 2 & 3."
Three printed copies of ordinance not on microfilm.
H.P.P. Crease, Attorney General, to Seymour, 24 February 1868,
reporting on the ordinance as per despatch.