Colonial Despatches

We are honored with Your commands, signified in Sir Frederic Rogers's letter of the 5th of October, instant, stating that he was directed by you to transmit to us the accompanying copy of a Despatch from the Governor of VancouverIsland Island, enclosing a correspondence relative to the power of the Government of the Colony to collect arrears of the Tax on Real Estate in the Colony under the Act passed by the Legislature in December 1862, entitled "An Act to amend the Real Estate Tax Act 1860."

Sir Frederic Rogers was also pleased to state that he was desired to call our attention to the 42nd, 45th, 47th, and 53rd Sections of this Act, and to the opinion expressed in the letter from the Chief Justice dated the 26th of July,1864 1864, to the effect that the Legislature of Vancouver Island had not authority to make Real Property in the Colony alienable for a charge which is only a personal one in this Country.

Sir Frederic Rogers was further pleased to enclose copy of an Imperial Act passed 28th of July 1849 "To provide for the administration of Justice in Vancouver Island," and also an extract from the Commission appointing James Douglas Esquire to be Governor and Commander in Chief ofVancouver Vancouver Island, and empowering the Legislature of the Colony to make Laws; and to request that we would take these papers into our consideration, and inform you whether we consider that there is any reason for doubting the validity of the above cited clauses of the "Act to amend the Real Estate Tax Act 1860."

In obedience to Your commands we have taken this matter into consideration, and have the honor to Report

That we are of opinion that it was competent to the Legislature of the Colony topass pass the "Act to amend the real Estate Act 1860" in its present shape; and that having been assented to by the Governor, and not disallowed by Her Majesty that Act ought to be enforced. Whatever may have been the opinion of the Chief Justice on the subject of its policy he would be highly culpable if he were to allow that opinion to influence him in the discharge of the plain duty now cast upon him to give effect to its provisions in any case which may come before him: and if he conceives that, (as a matter of law), this Actis is "repugnant," and not "as near as may be agreeable" to the Law and Statutes of the United Kingdom in the sense of the words of limitation contained in the Governor's Commission of the 16th May 1851, we are but repeating (in a much clearer case) what we have already advised upon similar questions arising in the Australian Colonies, when we express our very decided dissent from such a view.