Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch from London
Pelham-Clinton, Henry Pelham Fiennes to Douglas, James 28 September 1862, NAC RG7:G8C/3, 138.
Abstract
Despatch from London.
Newcastle informs Douglas that the six acts passed by the Legislature of Vancouver Island in
June and July of 1862 [Douglas to Newcastle, 24 July 1862, CO 305:19, no. 8830, 220]
have been approved but expresses concern about
An Act to protect the property of a Wife deserted by her Husband,noting that
the alteration made by this Act in the Imperial Law for protecting the property of deserted wives seems an alteration for the worse,as it reduces the ability of deserted wives to protect property belonging to them from both their estranged husbands and their estranged husband's creditors.
No. 118
Downing Street
28 September 1862
Sir,
I have received your despatch No. 38 of the 24th of July last,
enclosing 6 Acts passed by the Legislature of Vancouver Island in June
and July last, which I have submitted to Her Majesty with my
recommendation that they should be leftto
to their operation.
to their operation.
I think it necessary however to call your attention to the effect
of the Act No. 59 "to protect the property of a Wife deserted by her
Husband."
The alteration made by this Act in the Imperial Law for protecting
the property of deserted Wives seems an alteration for the worse, as it
appears that a poor woman,deserted
deserted by her husband, who by honest
industry has collected a little property, will not be able under the
present Act, without troubling herself about questions of Law, to
obtain any protection for the property so acquired, but will remain
liable (notwithstanding any order which she may subsequently obtain) to
have the wholeof
of that property swept away by the husband or the
creditors of the husband who has deserted her.
deserted by her husband, who by honest
industry has collected a little property, will not be able under the
present Act, without troubling herself about questions of Law, to
obtain any protection for the property so acquired, but will remain
liable (notwithstanding any order which she may subsequently obtain) to
have the wholeof
of that property swept away by the husband or the
creditors of the husband who has deserted her.
Such being the case I cannot doubt that so undesirable an
alteration of a provision carefully considered by the best Lawyers of
this Country will not be allowed to remain on the Statute Book of
Vancouver Island.
Governor Douglas C.B.