Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Murdoch, Thomas William Clinton to Elliot, Thomas Frederick 18 November 1862, CO 305:19, no. 11258, 436.
Abstract
Public Offices document.
Minutes (3), Other documents (1).
Murdoch writes Elliot to inform Newcastle that, since the government and the
HBC had
finalizedan agreement concerning
the retransfer to the Crown of Van Couvers Island on payment to the Company in all of the sum of £57,500,the HBC should no longer collect a ten percent commission on land sales in the colony, as it had been doing under the terms of
the Grant of 1849.
Murdoch to Elliot (Assistant Under-Secretary)
Emigration Office
18 November 1862
As it is understood that an arrangement has been finally concluded
between H.M. Govt and the Hudsons Bay Co, for the retransfer to
the Crown of Van Couvers Island on payment to the Company in all of
the sum of £57,500, I think it right to call the attention of the
Duke of Newcastle to that portion of the grant of 13th Janry 1849
which relates to Sales of Land.
2. By that Grant it is provided that for all sales of land affected
by the Company they shall be entitled to deduct, by way of profit, a
sum not exceeding 10 per cent on the gross amount. This they have
accordingly done up to the present time. Until the Island is
formally reconveyed to the Crown all Sales and grants of Land, though
practically made by the Government, must continue to be nominally
made by the Company, and according to the strict letter of the Grant
of 1849 the Company might perhaps be entitled to claim percentage on
such Grant. But in justice
they clearly are not entitled to any such
payment, and it may fairly be expected that no such claim will be
made. But perhaps it may be considered right, to prevent any future
misunderstanding, that this point should at once be set at rest. As
some delay may occur in settling the terms of the reconveyance of the
Island the question is not without its practical importance.
they clearly are not entitled to any such
payment, and it may fairly be expected that no such claim will be
made. But perhaps it may be considered right, to prevent any future
misunderstanding, that this point should at once be set at rest. As
some delay may occur in settling the terms of the reconveyance of the
Island the question is not without its practical importance.
Minutes by CO staff
Sir F. Rogers
Mr Murdoch's suggestion is evidently well founded. I think that a short letter should be written to the Company, not arguing the point, but taking it for granted. With
reference to the recent correspondence
with them on the forms by which the reconveyance of the Island to the
Crown is to be effected, I should point out to them that the
completion of these may possibly occupy some time, but that on the
other hand, as the money agreed upon for entitling the Crown to this
reconveyance has been actually paid to the Company, it is of course
right that the Govt of the Crown should at once enter upon it's
consequent rights. Such being the case, I should remind the Company
of the proviso in the grant, by which so long as the lands belong to
the Company they were entitled to deduct by way of profit a rate of
10 per cent on the gross amount, and I should say, that as in the
interval up to the formal reconveyance of the Island all sales and
grants though practically made by the Govt, must continue to be
nominally made by the Company, the Duke of Newcastle proposes to send
out explanatory instructions to theGovernor
Governor that nevertheless any
deduction by way of profit will no longer be claimable by the
Company, and that His Grace has no doubt that the Directors will be
prepared immediately to convey a corresponding intimation to their
Officers.
Mr Murdoch's suggestion is evidently well founded. I think that a short letter should be written to the Company, not arguing the point, but taking it for granted. With
reference to the recent correspondence
with them on the forms by which the reconveyance of the Island to the
Crown is to be effected, I should point out to them that the
completion of these may possibly occupy some time, but that on the
other hand, as the money agreed upon for entitling the Crown to this
reconveyance has been actually paid to the Company, it is of course
right that the Govt of the Crown should at once enter upon it's
consequent rights. Such being the case, I should remind the Company
of the proviso in the grant, by which so long as the lands belong to
the Company they were entitled to deduct by way of profit a rate of
10 per cent on the gross amount, and I should say, that as in the
interval up to the formal reconveyance of the Island all sales and
grants though practically made by the Govt, must continue to be
nominally made by the Company, the Duke of Newcastle proposes to send
out explanatory instructions to theGovernor
Governor that nevertheless any
deduction by way of profit will no longer be claimable by the
Company, and that His Grace has no doubt that the Directors will be
prepared immediately to convey a corresponding intimation to their
Officers.
So write.
N
19
Other documents included in the file
Elliot to H.H. Berens, Hudson's Bay Company,
22 November 1862,
advising that as the Crown had paid the agreed upon sum for the
reconveyance of the colony, the governor and company agent should each
be instructed that the company would no longer be entitled to a
ten per cent profit on the sale of land, with explanation.