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Journals of the Legislative Council of British Columbia, from the 12th December, 1864, to the 11th April,… British Columbia. Legislative Council 1865

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Array     

JOURNAL 
OF THE 
U.B,C. Ubrar,

ACC.NO.
ISLATIVE COUNCIL

OF
BRITISH COLUMBIA
FKOM THE 12th DECEMBEK, 1864, TO THE 11th APEIL, 1865,
IN THE



28th Year of the Reign of Her Majesty
QUEEN VICTORIA,
BEING THE SECOND* SESSION OF THE LEGISLATIVE COUNCIL OF BRITISH COLUMBIA,
NEW WESTMINSTEE:
PRINTEILAT THE GOVERNMENT PRINTING OFFICE.

1865,
  TABLE OF CONTENTS.
Roll of the Members of the Legislative Council.
Index to Journals.
Schedule of Public Bills introduced.
Votes and Proceedings.
Appendix.
ERRATA.
Page 21—"Waggon Tire Bill—2nd line, erase word "now."   Insert "to-morrow"
after "time."    Erase the two following lines.
Page 26, after Minutes read and confirmed, insert:—
The Hon. the Attorney General gave notice that on Monday he would introduce
Bankruptcy Bill.
The Hon. Mr. Walkem asked leave to bring in G-old Fields Amendment Bill.
Ordered that leave be granted, and that the said Bill be now read first time.
Read first time accordingly.
Ordered to be read second time to-morrow.
m
j»I
* <A ROLL
OF THE
HONOURABLE THE LEGISLATIVE COUNCILLORS
OF
irifiak ^rtttmhk
FOR THE SECOND SESSION OF THE LEGISLATIVE COUNCIL,
BEING THE YEARS 1864-5.    28° VICTORIA.
ARTHUR JST. BIRCH  Colonial Secretary, and Presiding Member,
HEKRY P. PELLEW CREASE,... Attorney General.
CHARLES WILLIAM FRANKS,  Treasurer.    ,i1   ^SS^^^r / ;.,.,
WYMOND OGILVY HAMLEY,    Collector of Customs.   ^I'L^St
CHARTRES BREW,   Magistrate, New Westmjesjeer.
PETER O'REILLY,     Do.        Cariboo.
HENRY MAYNARD BALL,   Do.        Lytton.
ANDREW CHARLES ELLIOTT, Do.        Lillooet. - -
JOHN CARMICHAEL HAYNES,   .     Do.        Osotoos and Kootenay.
JOSHUA A. REYNOLDS HOMER, New Westminster District.
HENRY HOLBROOR,  Douglas and Lillooet District.
CLEMENT FRANCIS CORNWALL, Hope, Yale, and Lytton District.
GEORGE ANTHONY WALKEM, Cariboo East and Quesnel Forks District.
WALTER MOBERLY,  Cariboo West and Quesnelmouth District. INDEX TO THE JOURNALS
OF THE
LEGISLATIVE COUNCIL.
SESSION 1864-
ADDRESSES:
In reply to Opening Speech, 5, 14.
ADJOURNMENT:
For want of Quorum, (see Quorum).
Adjourned sine die, 39.
ADMINISTRATION OF OATHS to Members of Council. 2. 10
BILLS:
Supplementary Supply, introduced 8, first reading 8, second reading 8, committal 9
third reading 10, Governor's assent 10.
Native Evidence, introduced 15, first reading 15, second reading 18, committal 18
re-committal 22, third reading 22, passed 23, assented to 28.
International Telegraph, introduced 15, first reading 15, second reading 18, committal 20, third reading 22, passed 23, Governor's assent 37.
Steam Traction Engine Extension, introduced 15, first reading 15, second reading 1G
committal 16, third reading 18, assented to 27.
Game Protection, introduced 17, first reading 25, second reading 34, committal 36
third reading 37, assented to 57.
Decimal Currency, introduced 19, first reading 19, second reading 22, committal 22
23, 26, third reading 27, assented to 40.
Telegraph   Amendment,  first reading 19, second reading 20,   committal 23, third
reading 24, assented to 37.
County Court Amendment, introduced 19.
Thompson River Bridge, introduced 20, first reading 23, second reading 24, committal 25, re-committal 28, third reading 29, amended by Governor 35, assented to 37.
Gold Export Duty, introduced 21, first reading 21, second heading 24, committal '25,
26, re-committal 30, third reading 30, assented to 52.
Pounds Bill, introduced 22, first reading 24, second reading 29, committal 32, 3'6.
withdrawn 38.
Waggon Tire, introduced 21, first reading 22, withdrawn 34.
Trustees' Relief, introduced 21, first reading 27, second reading 28, committal 29,
third reading 30, assented to 35.
Gold Fields Amendment, introduced and first reading (see errata), second|reading 27,
committal 28, 29, 31, 34, 35, 36, 37, 38, third reading 44, assented to 54.
Bankruptcy, introduced, (see errata) first reading 27, second reading 35, committal
38, referred to Select Committee 38, committed 58, assented to 61,
Customs Amendment, first reading 30, second reading 31, committal 31, re-committal 31, third reading 31, assented to 32.
Harbour  Dues, introduced 41,' first reading 45,  second reading 45, committal 45,
third reading 46, assented to 49.
Indian Liquor Bill, introduced 44, first reading 44, second reading 47, committal 50,
third reading 51, assented to 56.
Births, Deaths, and Marriages Registration Bill, introduced 44,  first reading 44,
thrown out, on motion for second reading, 52.
Harbour Regulation, introduced 45, first reading 45, second reading 48, committal
48, third reading 50, assented to 55.
Municipalities, introduced 45, first reading 45, second reading 46, committal 46, third
reading 47, assented to 50.
Excise, introduced 45, first reading 45, second reading 46, committal 46, 48, third
reading 49, assented to 50.
Supply, introduced 44, first reading 45, second reading 45, committal 45, third reading 46, assented to 47.,
Supreme Court Fees, introduced 47, first reading 47, second reading 49, committal
^)6, 57, third reading 58, assented to 62. INI3EX.
Land Bill, first reading 47, second reading 58, committal 59, 60, 61, re-committed 61, third
reading 61, assented to 62.
Marriages, first reading 47, second reading 52, committal 54, 55, 57, 58, third reading 58,
assented to 62.
Imprisonment for Debt, introduced 49, first reading 49, second reading 51, committal 53, 59,
third reading 60, assented to 62.
Vice-Admiralty Practice, introduced 49, first reading 49, committal 51, third reading 51, disallowed 55.
Tolls Exemption, introduced 54, first reading 54, second reading 55, committal 55, third
reading 57, assented to 57.
Indian Graves, introduced 54, first reading 54, second reading 55, committal 55, third reading 56, assented to 57.
Ports of Entry, introduced 59, first reading 59, second reading 60, committal 60, third reading 61, assented to 62.
Salaries Extension, introduced 59, first reading 59, second reading 60, committal 60, third
reading 61, assented to 62.
Suits and Actions Limitation, introduced 60, first reading 60, second reading 61, committal
61, third reading 61.
Telegraph Extension, introduced 62, first reading 62, second reading 62, committal 63, third
reading 63, assented .to 63.
COMMITTEES, Select:
For framing a reply to His Excellency's Opening Speech, 3; Report of, 5; Received, 6,
Presented, 7; Reply to 7. For framing a reply to His Excellency's Speech at re-opening of
Council, 13; Report of, 14; Presented, 15; Reply to, 15. On Assisted Immigration, 21- Report of, 36; Adopted, 39.    For consideration of Bankruptcy Bill, 38; Report, 56- Adopted
*?°St^f^Z\f'   SuPremce0ConrtFeesBill,49j Report, 54; Adopted, 54. 'imprisonment for Debt Bill, 53; Report, 58; Adopted, 58.
COMMITTEES OF THE WHOLE HOUSE:
Supplementary Estimates, 7.
'Assisted Immigration, 20.
On a Petition from Lillooet, 33.
On Amendments made by the Governor on Thompson River Bridge Bill   35
On Petition regarding Tolls on the Southern Boundary, 36. 1
On Report of Select Committee on Assisted Immigration, 39
On Message No. 30, 51.
On Message No. 34, proposed Amendments to Gold Laws, 53.
Committees on Bills, (See Bills.)
ESTIMATElr' A* I AP°l0Sy f°r eXpressions used in debate *P°n Petition against Union, 62,
. Supplementary for 1864, 7. £60,076 6, 8, Voted 7
Vota;m42teS f°r 1865; intr°duCed 4L    Ordered in Committee, 41, 42.    Resolution of, 42,
fines/
For non-attendance remitted to Mr. Walkeni 16   flolrminl fin^ofovr, i^   m -w ^
GOVERNOR: '        colonial beeretary, 17.  Treasurer, 17,23.
Speech at opening of Session, 2.    Answer of, to reply of Council to Speech 7
the Council, 10. Speech at re-openine of Council If)    »„„„„.„      i     *£ '     -, v~"e>
Speech at Prorogation of Council^63 ' S™ t0 reply °f Councl1 thereto> 1
Messages of:
Proroguing
Lge
.Bill  will be  assented  to. 40.    No. 18   Awrwi™ ■ B1E3HI    ilHff'fp ,vm5U ^a^e
Williams Creek Hospital Debts, 40 No ^ mSS? ^^f ^T^ Bil1' 40* No« 19,
Game Bill, 44. « Sending dow^Xtl^Hfi, ?°" 2lJ Def™S «ent to
claim for Government "RinlrlinrS   d/7   ^mMi  Ti     \ ,   £•?, mfo reference to payment of
Supply, 47.    No. 25, In
8°;
Assent to Bill of 99
3d
On Mr. Waddington's Petition, 52.    No. 34, Alteration in Gold Mining
seizure
of
Assent to Gold Laws, 54.    No. 36, With Proclamation about
Disallowing Vice-Admiralty Bill, 55.    No. 38, Assent to Harbour Res;
port Bill, 52
Act, 53.    No. |
Gold, 54.    No. 37,
ulation Bill, 55.    No. 39, Assent to Indian Liquor Bill, 56.    No. 40, Assent to Game Bill,
57.    No. 41, Assent to Indian Graves Bill, and Tolls Exemption Bill, 57.    No. 42. Assent to
Bankruptcy Bill, 61.    No. 43, Assent to Supreme Court Fees, Ports of Entry, Imprisonment
for Debt, Governor's Salary, and Marriages Bills, 62.    No. 44, Assent to Land Bill. 62.
LEGISLATIVE COUNCIL:
Dissolved, 1.     Convened, 1.    His Excellency's Speech at opening, 2.     Reply thereto, 7.
His Excellency's Speech at prorogation, 10.    His Excellency's Speech at re-opening, 10.   Reply thereto, 14.    His Excellency's Speech at close of Session, 63.
Resolutions of :
On Chilicoten Expedition Expenditure, 8. For Military protection, 9. For Returns of
Tonnage Dues, 15. For Select Committee on Assisted Emigration, 15, 21. For taxing unimproved Lands, 17. For the Survey of Pre-emption Claims, 17. For Repeal of Harbour Dues
Act, 20. For improvement of Harrison Lake Slough, 33. For Toil on Quesnel Road, 33.
Agricultural produce to be free of Road Tolls, 33. For Excise Bill, 40. For increase to
Salary of Governor, 41. Against paying £10,760 16s. 7d. for Buildings at R. E. Camp, 45.
To ask His Excellency to re-consider Message No. 30, on Gold Export Bill, 51. Agreeing
to alterations of Governor to Gold Laws, 53. About Mr. Waddington's Petition, 58. For
Rewards to be offered, 63.
Divisions of:
On Resolution for Military Aid, 9.   On motion for Select Committee on Immigration, 16.
On motion for secon*
easing Oj
Telegraph Bill, 16. On notice of motion by Hon. H. Holbrook,
18.    On amendment to a motion of Hon. H. Holbook about the Road Tolls, 19.   On a motion
for an alteration of Harbour Dues, 20.    On a motion for committal of Currency Bill, 22.    On
motion for postponing third reading of Gold Export Bill.
9.'
30.
On motion for adjournment,
32, 42. On motion for a I 'oil on Queslnelmouth Waggon Road, 33. On motion for going into
Committee of Gold Export Bill, 36. On motion for leave to bring in a Bill to tax unoccupied
lands, 42. Voting Supply for 1865, 42. Adding to certain Salaries and Public Works, 42,43.
For pension to widow of Donald McLean, who fell on Chilicoten Expedition, 44. On motion
for Select Committee on Supreme Court Fees Bill, 49.
MESSAGES : (See Governor.)
MQTIONS:
Negatived, 18, 34.
Withdrawn, Mr. Holbrook, in reference to a Bill for regulating Fisheries, 17.    Mr* Holbrook,
in reference to Harrison .Rapids, 20.    Mr. Moberly for Explorations, 39, 42.
Mo LEAN, Donald, Services of; Pension to widow of, 44.
NOTICE calling Second Council together, 1.
OATH: (See Administration of Oath.)
PETITIONS:
From Douglas^ grant for School purposes, 15. Douglas against the introduction of broad
Tires, 15. From Douglas for deepening the Slough near the Town, 16. From Lillooet for
withdrawal of Road Toll on Agricultural produce, 18. Petition from Lytton, 28. From Merchants about Tolls on Southern Boundary, 32. From Rev. L. Brown, about Marriages, 39.
From Merchants, &c, against Union with Vancouver Island, 45 ; Deferred till end of year, 62.
PROCLAMATIONS:
Dissolving First Council, 1. Calling Council together after having been adjourned sine die, 39.
QUESTIONS TO MINISTERS: Mr. Holbrook to the Colonial Secretary, in reference to arrest
of British Columbia Volunteers in Victoria, 8.
QUORUM : Adjournment for want of, 50.
RETURNS:
Order for correspondence between Collector of Customs and Auditor General on Refund of
Customs Duties, 9.    Tonnage Dues, 15.    Road Tolls, 15.
REPORTS OF SELECT COMMITTEES :    (See Select Committee.)
RESOLUTIONS:    (See Legislative Council.)
REPORTS, Committee of the whole :    (See Committee of the whole.)
STANDING ORDERS, Appendix A; Introduced and read, 13; Suspended, 9,38, 48, 55,62, 63.
UNION, Petition against, 45, 62,
WADDINGTON, Mr. Petition for theR
nlet
Road
to be
taken over by Government, 58.
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H^Pm BRITISH COLUMBIA.
V.
R.
I
FREDERICK SEYMOUR.
PROCLAMATION
By His Excellency Frederick Seymour, Esquire, Governor and Commander-in-
Chief of the Colony of British Columbia and its Dependencies, &c, &c, &c.
To all whom it may concern.
Greeting.
WHEREAS, for divers good causes and considerations, it is expedient, forthwith,
to dissolve the existing Legislative Council of British Columbia; NOW
KNOW YE THAT I, Frederick Seymour, under and by virtue of the powers
and authorities vested in me in that behalf, DO hereby declare and proclaim that
the Legislative Council of the Colony of British Columbia and its Dependencies be
dissolved as and from the day of the date hereof, and the same is hereby dissolved
accordingly.
GIVEN under my hand and the Public Seal of the Colony, at Government
House, New Westminster, in the Colony of British Columbia, this twenty-
first day of October, in the year of Our Lord one thousand eight hundred and
sixty-four, in the twenty-eighth year of Her Majesty's Reign.
By Command.
Charles Good,
for the Colonial Secretary.
+~+
NOTICE.
Colonial Secretary's Office,
28th October, 1864.
WHEREAS, by an Order of the Queen in Council, dated the 11th day of June,
A. D. 1863, a Legislative Council for the Colony of British Columbia was
constituted and established, such Legislative Council to consist of such Public
Officers within the said Colony, as shall from time to time be designated, and of
such persons as shall from time to time be named, by or in pursuance of any Instructions or Warrant under the Royal Sign Manual and Signet, and of such other
persons as may from time to time be appointed by the Governor, by Instruments to
be passed under the Public Seal of the said Colony, provided however that every
such last mentioned appointment shall be provisional only until the same shall have
been approved by Her Majesty, through one of the Principal Secretaries of State.
AND, WHEREAS, Her Majesty, by Instruction issued under the Royal Sign
i 21V ~
2
12th DECEMBER.
1864
Manual and Signet, and dated the 31st day of July, A. D. 1863 hath appointed an d
declared that the following Public Officers shall, during Her pleasure, be Members
of the said Legislative Council, that is to say the respective Officers lawfully acting
for the time being t
As Colonial Secretary for the said Colony,
As Attorney General for the said Colony,
As Treasurer for the said Colony, .3 n i
As Chief Commissioner of Lands and "Works for the said Colopy,
As Collector of Customs for the said Colony.
NOW THESE AEE TO NOTIFY AND DECLARE that in pursuance of the
power and authority given as aforesaid, the Governor has constituted and appointed^
the undermentioned Magistrates to be, during Her Majesty's pleasure, Members of
the said Legislative Council, viz:
The Honourables
Chartres Brew, Magistrate, New Westminster,
Peter O'Reilly, Magistrate, Cariboo,
Henry Maynard Ball, Magistrate, Lytton,
Andrew Charles Elliott, Magistrate, Lillooet,
John Carmichael Haynes, Magistrate, Osoyoos and Kootenay.
The following appointments to the Council have also been made by the Governor,
in deference to the wishes of the people, as expressed in the Districts mentioned
after each Honorable Member's name:
The Honourables
Joshua Attwood Reynolds Homer, New Westminster,
Henry Holbrook, Douglas and Lillooet,
Clement Francis Cornwall, Hope, Yale, and Lytton,
George Anthony Walkem, Cariboo East and Quesnel Forks,
Walter Moberly, Cariboo West and Quesnelmouth.
Provided always that such appointments as last mentioned shall be provisional
only as aforesaid, and provided also that they shall continue in force, unless previously determined, until the 1st day of May, A. D. 1866, and no longer. AND
THESE ARE FURTHER TO NOTIFY, SUMMON, AND CONVENE the
various Officers and Persons, as aforesaid, to meet at New Westminster, on the 12th
day of December, in the year of Our Lord one thousand eight hundred and sixty-
four.
By Command.
ARTHUR N. BIRCH.
Monday, the 12th day of December, 1864,
Pursuant to the above notice the Legislative Council met this dav, the following
Members being present:—The Honourables The Colonial Secretary, The Attorney
General, The Treasurer, The Collector of Customs, Chartres Brew, J. P., Peter 0*
Reilly, J. P., Henry Maynard Ball, J. P., J. A. R. Homer, Henry Holbrook, G. A.
Walkem, and W. Moberly.
At 2 o'clock, p. m., His Excellency Frederick Seymour, Esquire, Governor of the
Colony, entered the Council Chamber, attended by his Private Secretary, and bein°*
seated in the President's Chair, administered the usual oath of allegiance and office
to. the Members present, who severally subscribed the same.
His Excellency then delivered the following gracious Speech:
Honourable Gentlemen op the Legislative Council: 28° VICTORIA
12th DECEMBER,
I think it highly desirable that we should, before Christmas, dispose of all the
work of the year which is about to close. For this reason I shall only lay before
you the Supplementary Estimates, and the Bill necessary to give a legal sanction to
the payments which have been made under the authority of Resolutions of the late
Council, and such as an unforeseen emergency has necessitated.
The late Council voted £216,400 for the Public Service of the year 1864—£135,639
by Ordinance, sanctioned by my Predecessor, and £80,700 by Resolutions. The
total Expenditure, up to the 1st instant, has been, as nearly as it is possible for me
to ascertain, ,£153,000, including the remittances to the Crown Agents for Interest
and Sinking Funds on the Loans which will not be brought to account this year,
and also the arrears of Expenditure of previous years, which amounted to £16,824,
leaving the actual Expenditure under the Estimates and Resolutions, for the eleven
months, a little over £136,000. The probable disbursements for this month will be
£8,000, vshowing on the year an Expenditure less by £72,000—including the unforeseen expenses—than that sanctioned. The payments made under Ordinance fall
short of the Estimates by some £16,000; those under Resolutions by £56,000. I
regret to say that the Public Revenue will fall short of the Estimate by about £13,000.
The principal public works performed dnriag the year have been:—the formation
of roads in the Cariboo District, the maintaining in repair of the mainlines of communication, the re-opening of the trail over the Cascade Mountains at Hope, the
commencement of the road from Npw Westminster to Burrard Inlet, the opening
of a sleigh road from Quesnel mouth to Alexandria. Much more would have been
done, but for two causes which came into operation almost simultaneously. The
rise of the rate of discount in England made it difficult to procure, except on the
most unfavourable terms, the money proposed to be borrowed under the Act of last
Session. The sudden discovery of the valuable gold mines on the Kootenay rendered
it expedient that a large amount of capital should be kept in hand for openiug the
communication between the Fraser and new diggings. We have drawn against the
Loan only to the extent of £26,300, leaving £73,700 as probably available for the
service of 1865. As it is of importance that the line of travel to the Kootenay mines
should be selected with the utmost care, it will be satisfactory for you to know that
three distinct expeditions are now exploring in that direction.
I regret that the want of money*as prevented the establishment of a Light Ship
at the Mouth of the Fraser. The necessary amount shall appear again in the Estimates for 1865. An appropriation will be asked for in aid of the establishment of
Steam communication with Panama.
You will have anticipated my explanation that the great outlay on unforeseen
contingency was caused* by the suppression of the Chilicoten Insurrection of last
summer.    The expense incurred in this way was about £16,000.
A party of road makers, well provided with food but unarmed, lay down to sleer
among a number of armed Indians, who were almost in a state of starvation. Ler
me do justice to the dead. On the scaffold at Quesnelmouth, it was stated that they
gave no provocation. But so it was; the Indians were suffering all the pangs of
hunger, while the white men slept unarmed. An attack was made on the sleepers
at day break, and but three of them escaped. The Indians, leaving the greater
part of their booty behind them, on account of the difficult nature of the country,
crossed the Cascade range. They appear to have received considerable reinforcements before they reached the house of a white Settler on Benshee Lake. He was
soon dispatched, and the assassins, with continually swelling numbers, advanced to
meet a pack train with eight drivers, approaching from Bentinck Arm. Three of
these men were killed. Five, by an amount of dexterity and good fortune^ which
seems marvellous, managed to effect their escape. Favoured by impunity the
assassins soon became promoted to the dignity of insurgents, by the adhesion of the
whole Chilicoten tribe, from the summit of the Cascade Mountains to the benches
of the Fraser.
The rug^edness of the Coast range, aided by the absence of all means of transport, seemed to debar us from access to the Chilicoten country from the Sea, but
an expedition under a gentleman of great reputation for courage and skill in dealing with the Native tribes of the Colony had left the Upper Fraser for the interior.
The force of twenty-five men, suggested by my predecessor, had become by circum-
r   M p*-*
iV-^
12th DECEMBER.
1864
stances so obviously insufficient, that the Commander in the exercise of the wide
discretion confided to him increased it to sixty-five. That number was found in a
log Fort on the summit of ahill near Benshee Lake, when joined on the bth July
by another party of 38 Volunteers from New Westminster, who had been conveyed
by Admiral Kingcome to Bentinck Arm.
Though after a first brush with the Natives, the white flag floated oyer the JJ ort
from the 13th of June to the 7th July, no steps tending towards conciliation had
been made by the Indians, and when the Northern Volunteers marched at day break,
on the 7th of July, towards the Bute inlet Mountains, they were still m doubt as to
the reception they would meet with from the Indians. It was one, I regret to say,
of deadly hostility.
A scarcity of food reduced the New Westminster party to apparent inaction when
left alone at Benshee, but the time was well spent in securing the confidence of the
Eastern branch of the Chilicoten Indians, whose Chief had taken no active steps m
the extermination of the whites. As women and children, and finally men, were
allowed to leave the Volunteer Camp unharmed, according to promise, the Chief
was finally induced to present himself to the Governor on the 20th of July, the day
on which the Alexandria Volunteers returned to Benshee.
It is well known to you how the New Westminster party then ransacked the
remotest recesses of the Bute Inlet Mountains; how the Indian Chiefs, harassed by
the bands of Volunteers which had come upon them from the opposite points of the
compass, found themselves without food or fire, reduced to the sole alternatives of
suicide or surrender.
It is my duty to speak with the utmost praise of the men who came forward from
Cariboo and New Westminster, to engage in a conflict formidable from the nature
and extent of the Country over which it raged, and one in which it appeared at one
time as if famine were about to fight on either side. I saw more of the party raised
in this neighbourhood, and can confidently say that, strengthened as it was by a large
and admirable Military element, the force, numerically small, could scarcely have
been surpassed in efficiency and good conduct in the Mother Country, or any one
of Her Colonies. The Alexandria Volunteers presented an equally fine and formidable appearance.
With the advice of the Executive Council, the Legislature not being in Session,
I have ordered certain testimonials of intrinsic value for presentation to Mr. Brew
and Mr. Cox, the leaders of the respective expeditions, in acknowledgment of their
valuable services.!
I propose to lay before you, in January, Bills having the following objects in view:
1st. To amend the Laws of Bankruptcy and Insolvency;
2nd. To amend those regulating the disposal of the Crown Lands;
^ 3rd. To make Waggons pay Toll according to the amount of damage the insufficient width of their tires is calculated to inflict upon the public roads;
4th. A Bill to remodel the Postal Service;
5th. A Bill to consolidate and amend the Mining Laws;
6th. A Bill to amend the Law of Evidence, two Telegraph Bills, and others, perhaps, of minor importance.
I trust, likewise, to be able to submit to you a Bill proposing to make important
changes in our fiscal arrangements, with a view to increase the commerce oR the
Colonv.
The present state of our north-west coast shall receive my particular attention,
and the question of Education shall form the subject of a special message.
I shall suggest an alteration in the mode of keeping the public roads in repair.
You will find that the contracts entered into by my predecessor have caused an
excess of Expenditure over the Estimates of a sum exceeding £9,000 on this account.
1 tear that I shall disappoint some persons when I state that I shall have no Bill
lbodying an "Indian policv" to lay before you.   The Governmentha
always, we trust, just and firm, stern or merciful as  occasion
justice—not venge-
e energetic pursuit
(Mil 1)0(1    .   , .._     ..^ SM^M_«««.     •«»...-- ...      .««.    *r««--r«.•*-.    T,n.*. ■ .... i     ■    ■ i. i .  . ~ ~— —   w^-.    lfg T)Q|lf>Y
or mercuui as  occasion may require; last
summer straining the resources of this youne Colonv to secure '
v <2 **/
ance
this winter to feed, if necessary, some of those whom th
of our Volunteers has reduced to starvation
which such principles of honesty and h
If you can introduce
any measure 1
>v
ion our ca
n be implanted in the breast of all 28° VICTORIA
16th DECEMBER.
the white traders among the Indians, the Bill shall have my most cordial approval.
| You are probably aware that the House of Assembly of a neighbouring Colony
has passed certain resolutions in favour of a conditional union with British Columbia, under one Governor. These resolutions shall be laid before you. Without
entering into details, it may perhaps be convenient that I should at once express my
opinion on the subject. I think it would be better for Imperial interests that Great
Britain should not be represented by more than one Governor to the westward of
the Rocky Mountains, and I can imagine cases in which both the Governors, as
well as the Officer in command of Her Majesty's Naval forces, might be considerably embarrassed by the present state of things. But the unaided power of the
prerogative is fully able to remove the present inconvenience to Her Majesty's
service if it be found considerable, and I advise you merely to consult your local
interests. I do not see at present how British Columbia would gain by the suggested change^ and I am rather disposed to think that a longer separation is necessary
before a satisfactory re-union could take place. Let time remove the impression
which exists in some minds that the resources of the one Colony have not yet been
fully developed, while the prosperity of the other has been somewhat artificially
stimulated.
I trust Honourable Gentlemen of the Council that you will close the accounts of
this checkered and not over prosperous year before it expires. We shall then be
able to devote our undivided attention to the more pleasing task of contributing by
every means in our power to the brighter future which seems opening before us.
His Excellency then left the Council Chamber.
The Hon. The Colonial Secretary took the Chair as Presiding Member.
On the motion of the Hon. the Colonial Secretary, the Hon. P. O'Reilly seconding,
Ordered, That His Excellency the Governor's Speech be printed for the use
of Members.
Then, on the motion of the Hon. the Attorney General, the Hon. Mr. Moberly seconding,
Ordered, That a Select Committee, to be named by the Presiding Member,
be appointed to draw out and submit a reply to His Excellency's gracious
Speech.
The following honourable gentlemen were appointed accordingly:—The
Honourables the Attorney General, the Collector of Customs, Mr. O'Reilly,
Mr. Homer, Mr. Moberly.
Then, on the motion of the Hon. Mr. Ball, the Hon. Mr. Holbrook seconding, the
Council adjourned till Friday next, at 3 o'clock in the afternoon.
Friday, the 16th day of December, 1864.
The Council met at 3 o'clock, pursuant to adjournment.
Present.—The Hon. the Attorney General, The Hon. the Treasurer, The Hon.
Messrs. O'Reilly, Homer, Holbrook, and Moberly.
The Hon. the Attorney General in the Chair as Presiding Member.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. the Attorney General, the Chairman of the Select Committee appointed
to prepare an Address in reply to His Excellency's opening speech, brought up
a Report, and the same was read as followeth:
May it please Your Excellency:
We, Her Majesty's most dutiful and loyal subjects, the Legislative Council of
British Columbia, have received, with unfeigned pleasure, Your Excellency's graci- TP*-*
&J*?^
19th DECEMBER.
1864
ous Address, on the opening of this, the second Session of the Legislative Council,
of this Colony, on the "12th instant. ,.,,.-
Our earnest efforts will be given to take advantage of the brief portion ot 18b4,
which yet remains to us, to carry through the financial business and Supplementary
Estimates of the "present year.
We rejoice at the termination of the Chilicoten Expeditions, and at the success
which has attended their exertions. While paying every tribute due to the leaders
and private members of these Expeditionary Corps; to the ready and valuable
assistance of Rear-Admiral Kingcome and the Service under his command; it is
impossible for us to pass over in silence the share which Your Excellency's presence
in the country of the Chilicotens, had in the subjection and pacification of those
wild tribes.
It is a subject of congratulation that Your Excellency has so promptly pressed on
the opening of the Interior communications, on which so much of the succsss of
the Country depends; and that the establishment of direct Steam communication
with Panama is to form part of our Legislation.
We are the less inclined to lament the financial circumstances at Home, which
have impeded the full issue of our latest Loan, in that they will, we trust, have been
the means of enabling Your Excellency, besides completing the works now on hand,
to open up a line of road, which will induce the main traffic of the new and important
Gold Mining Region of Kootenay, to pass through the interior of our own Territory.
The numerous and important subjects, laid down for the Legislation of the coming
year, will have our anxious and undivided attention.
With regard to the partial Resolutions of the Legislature of the neighbouring
Colony, in favour of Union on specific terms, which Your Excellency has been
graciously pleased to promise to lay before this Council, we cannot disguise from
Your Excellency that we see no reason for changing the opinion, deliberately and
unanimously expressed by the late Council, in the Resolution of the last Session,
transmitted to Her Majesty's Government: that an Union with the neighbouring
Colony would be inexpedient and disadvantageous to British Columbia; a view in
which, we are glad to see, Your Excellency concurs.
We have the less hesitation in expressing these views at the present time, as we
hope thereby to set this question finally at rest; and so the better to respond to
Your Excellency's invitation to concentrate our efforts on the work more immediately before us.
Arthur N. Birch,
Council Chamber, Presiding Member.    ■
16th December, 1864.
On the motion of the Hon. Mr. Holbrook, the Hon. Mr. O'Reilly seconding,
Ordered, That the Report be received and the Committee discharged.
On the motion of the Hon. Mr. Homer, Hon. Mr. Moberly seconding,
Ordered, That the Address in reply to His Excellency's opening Speech, as
prepared by the Select Committee appointed for that purpose, be now adopted'.
On the motion of the Hon. Mr. Holbrook, Hon. Mr. Moberly seconding
Ordered, That the Address be engrossed and signed by the Presiding Member.
On the motion of the Hon. Mr. O'Reilly, the Hon Mr. Homer seconding,
Ordered, That the Address be presented to the Governor by the whole House.
On the motion of the Hon. the Treasurer,
Ordered That the Presiding Member be requested to ascertain at what hour
Jlis Excellency would be pleased to receive the Address.
The Hon. Mr. Holbrook gave notice of motion.
Then, on the motion of the Hon. Mr. Holbrook, the Council adjourned till 3 o'clock
p. m., on Monday the 19th instant. I
Monday, the 19th day of December, L864. M
The CounciL met at 1 o'clock, pursuant to a special notification from His
Excellency.
**w 28° VICTORIA.
19th DECEMBER.
Present.—The Hon. the Colonial Secretary, the Hon. the Attorney General, the
Hon. the Collector of Customs, the Hon. Messrs. O'Reilly, Ball, Homer, Holbrook, Walkem, and Moberly.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. the Colonial Secretary stated that he had, in pursuance of the wish of the
Council, seen the Governor in reference to receiving the Reply to the Address,
and that His Excellency would be pleased to receive the Council at once.
On the motion of the Hon. Mr. O'Reilly, the House then adjourned during pleasure.
On the House resuming its sitting, the Hon. the Colonial Secretary informed the
Council that, in compliance with the order of the Council, he, accompanied by
several Members of this Council, had attended upon His Excellency with
the Address adopted by the Council in reply to His Excellency's Speech, and
that His Excellency had been pleased to make thereto the following answer:
Honourable Gentlemen of the Legislative Council:
I have to thank you for the Address you have been good enough to present to
me. I am glad to find that you are prepared generally to approve of the policy of
the Government, as represented in the retrospective review I recently laid before-
you. Let us hope that the same concurrence of opinion may exist upon the more
important matters which I shall bring before you early in January.
The Supplementary Estimates shall be laid before you to-day, and it is my desire
that every information be furnished you* respecting all payments therein specified.
I may now state that it is my intention to take my seat as a Member of your
Board, rarely, if ever, during the present and approaching Session. I think freedom
of debate, and the maintenance of the present mutual good feeling, will be best
promoted by our acting, in most cases, as two distinct branches of the Legislature.
I would however beg to assure you that I shall, at all times, during both Sessions,
be ready to receive any Member or Members of your body who may desire a personal conference with me.
FREDERICK SEYMOUR.
Government House, W*
19th December, 186^p|P{
A Message from His Excellency the Governor was delivered to the Hon. the Presiding Member, by D. C. Maunsell, Esq., His Excellency's Private Secretary,
and the same was read as followeth:
Message No. 1.
Frederick Seymour.
The Governor lays before the Legislative Council the Supplementary Estimates for the service of the present year.
Full information respecting them will be furnished by the Colonial Secretary
and other Officers present in Council.
Government House,
19th December, 1864.
On the motion of the Hon. the Colonial Secretary,
Ordered, That the Council do resolve itself into a Committee of the whole on
the Supplementary Estimates.
The Council resolved itself into the said Committee accordingly.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of Committee.
The Presiding Member resumed the Chair.
The Committee rose, and the Chairman reported that the Supplementary
Estimates had been gone through, and that the sum of £60,076 8s. 8d. had
been duly voted.
Resolved, That the House be recommended to grant a supplementary supply of
£60,076 8s. 8d. 20th DECEMBER.
1864
The Hon. Mr. Holbrook moved,
The Hon. Mr. Homer seconding, ,
Ind it was Ordered, That the Iccompanying Standing Orders being those
nsed by the late Council, be continued as the Standing Orders of the present
Council until new ones be prepared.
The Hon. Mr. Holbrook gave notice of 2 motions.
The Hon. Mr. Homer gave notice of motion.
The Hon. Mr. Walkem gave notice of motion.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 3 o'clock
to-morrow afternoon.
Tuesday, the 20th day of December, 1864
The Council met at 3 o'clock, pursuant to adjournment.
Present.—The Hon. the Colonial Secretary, the Hon. the Attorney General, the
Hon. Messrs. O'Reilly, Ball, Homer, Holbrook, and Walkem.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Homer moved,
Hon. Mr. O'Reilly seconded,
And it was Eesolved, That as the heavy expenditure in connection with the
Chilicoten Expedition was in no way brought about by the inhabitants of this
Colony, but in consequence of the actions of persons living out of the Colony,
and over whom the Government of British Columbia had no control, therefore
this Council deems it necessary and just that the Home Government should be
respectfully asked to pay one half of the cost incurred by the said expedition,
and that this Resolution be forwarded to His Excellency the Governor for
transmission to Her Majesty's Principal Secretary of State for the Colonies.
The Hon. Mr. Holbrook asked the Colonial Secretary if the report were true that
several of our Volunteers were arrested when passing through the Colony of
Vancouver Island, at the time they were under arms to put down the insurrection among the Indians of the Chilicoten Country, and if any steps will be
taken against the parties engaged in such arrests, if the report be true ?
The Colonial Secretary replied that it was impossibe to conceive that the
Government of Vancouver Island had any connivance or complicity in the arrests alluded to, although he had no doubt that such arrests had been made. It
was therefore impossible for this Government to take any action in the matter.
The Council would observe that the Governor had expressed his intention of
altering the laws of Bankruptcy, so that if such disgraceful proceedings could
be carried on in Vancouver Island they should not be possible in this Colony.
A Message from His Excellency the Governor was delivered to the Hon. the Presiding Member by D. C. Maunsell, Esq., His Excellency's Private Secretary,
and the same was read as followeth:
.£ _, Message No 2.
r rederick Seymour.
The Governor lays before the Legislative Council a Bill entitled "An Ordinance granting a Supplementary Supply of Sixty thousand and seventy six
pounds, eight shillings and eight pence, out of the General Revenue of the
Colony of British Columbia and its Dependencies, to the service of the year
one thousand eight hundred and sixty-four.
Government House,
20th December. 1864.
.«^K^ 28° VICTORIA
21st DECEMBER,
On the motion of the Hon. the Attorney General,
Ordered, That this Bill be now read the first time.
Read first time accordingly.
On the motion of the Hon. Mr. Ball,
Ordered,Th&t the Standing Orders be suspended in order to allow the Bill in
question to be read second time.
Read second time accordingly.
On the motion of the Hon. the Attorney General,
Ordered, That the Council do now go into Committee of the whole on the
said Bill.
The House went into Committee accordingly.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through without amendments.
On the motion of the Hon. the Attorney General,
Ordered, That the Bill be read the third time to-morrow.
The Hon. Mr. Holbrook moved, the Hon. Mr. Moberly seconding,
That the Home Government be respectfully asked to send part of a Regiment of Soldiers to this Colony for our protection, as such would be the means
of keeping the Indians quiet when they knew such a force existed in the Colony, and His Excellency be respectfully requested to send a copy of this Resolution to the Secretary of State for the Colonies.
Moved in amendment by the Hon. Mr. Crease, seconded by the Hon. Mr.
Hamley,
Resolved, That knowing that, under present arrangements, Her Majesty's
Government expects Colonies requiring Military aid to meet the Colonial pay
of any such force, and while this Council is aware that the state of the Revenue does not admit of asking for Military aid on these terms, it respectfully
requests that the Home Government will, with the view of making provision
for the defence of this Colony, order that a sufficient portion of Her Majesty's
Pacific Squadron may be permanently stationed in the Fraser River, and on
the Coast of British Columbia, and the great inconvenience which at present
arises may be avoided, viz: that when any sudden emergency occurs assistance has to be sent for as far as Esquimalt, Vancouver Island; and that this
Resolution may be forwarded to His Excellency for transmission to Her Majesty's
Principal Secretary of State for the Colonies. .
On the amendment being put the Council divided,
Ayes 8, Noes 1,
So it was Resolved in the affirmative.
On the original Resolution being put the Council divided,
Ayes 1, Noes 8,
So it passed in the negative.
the Hon. Mr. Walkem moved, the Hon. Mr. Homer seconding,
That all correspondence between the Hon. the Collector of Customs and the
Auditor General, with regard to the Refund of Customs duties, be produced.
Correspondence produced and read.
I he Hon. Mr. Holbrook gave notice of motion.
[ hen, on the motion of the Hon. Mr. Walkem, the Council adjourned till 3 o'clock,
to-morrow afternoon.
Wednesday, tbe 21st day of December, 1864,
The Council met at 3 o'clock, pursuant to adjournment. 12th JANUARY.
1865
Present—The Hon. the Colonial Secretary, the Hon. the Attorney General, the
Hon. the Collector of Customs, the Hon. Messrs. O'Reilly, Ball, Elliott, Haynes,
Homer, Holbrook, and Walkem. j
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the third reading of the Supplemental Supply Bill,
Ordered, That the same be read a third time.
'Read a third time accordingly.
On the motion of the Hon. Mr. O'Reilly,
Resolved, That this Bill do pass, and that its title be "An Ordinance granting
a Supplemental Supply of Sixty thousand and seventy-six pounds, eight shillings, and eight pence, out of the General Revenue of the Colony of British
Columbia and ^Dependencies, for the service of the year 1864."
His Excellency the Governor introduced into the Council Chamber two
Members of Council, Andrew Charles Elliott, Esquire, and John Carmichael
Haynes, Esquire, and His Excellency, having taken the President's Chair, administered the usual oaths of allegiance and office to the new Members, who
severally subscribed the same, and took their seats at the Council.
His Excellency then prorogued the Council in the following Speech:
Honourable Gentlemen oe the Legislative Council :
I must express to you my best thanks for the prompt manner in which you have
passed the Supplementary Appropriation Ordinance, to which I assent in the
Queen's name, and have concluded the financial business of the year.
I have received your Resolution, requesting me to convey to Her Majesty's
Secretary of State the opinion of the Council, that one-half of the expenses incurred
in connection with the Chilicoten expeditions should be defrayed from the Imperial
Treasury. I have to a certain extent anticipated your wishes in this respect, but
your Resolution, which I shall duly forward, cannot fail to give additional weight
to my representations.
I shall, likewise, be able to adduce your Resolution respecting the very imperfect
arrangements now existing for the defence of the Colony, in support of some
statements on the subject already made by me.
I pee no reason for depriving you of the holiday which we should wish all to
enjoy at this time of .the year, and I therefore now prorogue your Honourable
Council to the 12th of January, 1865; and the same is hereby prorogued accordingly.
Thursday, the 12th day of January, 1865.
Present.—The Hons. the Colonial Secretary the Collector of Customs, the Attorney Genera , the Treasurer, C. Brew, P. O'Reilly, H. M. Ball, J. A. R. Homer,
H. Holbrook, G. A. Walkem. and W. Moberly.
At 3 o'clock,^His Excellency Frederick Seymour, Esquire, Governor of the Colony,
entered the Council Chamber, accompanied by his Private Secretary, and, being
seated m the President's Chair, administered the usual oath of allegiance and
office to Clement Francis Cornwall, Esquire, the Member for the Yale and
Lytton District who was introduced by the Hon. the Colonial Secretary, and,
having subscribed the oath, took his seat at the Council.
His Excellency then delivered the following gracious Speech:
Honourable Gentlemen oe the Legislative Council:
Her Majesty's Royal Commands "direct and require me to frame and propose to
■AS- 28° VICTORIES.
12th JANUARY
ll
"the Council for their adoption such Standing Rules as may be necessary for the
'•conduct of business, which Rules and Orders shall at all times be followed and
I observed, and shall be binding upon the said Council, unless the same or any of
"them be disallowed" by "Her Majesty."
z. The Royal Instructions leave me great discretionary power, and I have availed
myself of it to give greater Legislative independence to the Council. The right of
Members to introduce Bills is conceded. The mode in which business shall be
conducted between the Governor and the Council, in their future usual position of
distinct branches of the Legislature, is regulated with a view to your freedom of
action, and you will find that nearly all the powers generally belonging to an elected
Assembly are conferred on you. I trust that year by year we shall, without unduly weakening the Executive action, be able to take steps towards giving to the
people a more direct share in the Government of the Colony.
3. Her Majesty specially directs me to make such Rules as may be necessary "to
ensure punctuality of attendance of the Members of Council." With this object, I
propose to give the President for the time being, with the consent of the Council,
authority to fine Members for non-attendance. This provision is taken from the
Rules of au Elective Assembly with which I was recently connected. I lay the
Standing Rules before you.
4. The Acts of the last Session have, with three exceptions, received Her Majesty's
approval. A decision on the Customs Bill is deferred. The Ordinance regulating
Inland Navigation cannot be submitted for the Queen's allowance in its present
shape. The Secretary of State has not yet acquainted me with his views on the
Bill intended to regulate the issue of Bank Notes.
5. The Estimates of expected Receipts and proposed Expenditure for the year
shall be laid before you without delay. When you are in possession of the financial
details, I think that you will concur with me in the opinion that our present Revenue is insufficient to meet the large outlay absolutely required. The Import duties
are generally as high as trade can bear, and the Road Tolls should be reduced as
soon as it becomes financially possible. It seems to me, therefore, that if we must
increase taxation, that we should follow in the direction pointed out by the late
Council, and I may add, by the late Secretary of State, and impose a duty on the export of Gold. I regret to have to suggest that we should cast any burden upon the
Miners; but I would observe that the whole amounts raised by Loan have been
expended for their benefit. It is no use closing our eyes to the fact that it is within
the range of possibility that more tempting mines may depopulate our own Gold
districts, and the responsibility of the payment of the large loans contracted or
authorized must rest with the settled residents alone. The migratory Miner, and
the non-resident trader, may escape from all liability to our London creditors. I
propose that the receipts from Gold, if the duty be imposed, shall be a separate fund,
appropriated by Law to the benefit of the Mining Districts to be laid out in facilitating
access to them; improving their internal communications; prospecting and exploring
for the richer metals, and generally, for the sanitary and social benefit of the Mining
population.
6. You will find, as usual, in the Estimates, that the principal amounts required
are for the making and reparing of Roads to the Mines. First in importance is the
Road which must be made to the Kootenay. I regret to say that as yet we have not
discovered a line of Country to the new mines, which may without hesitation be
pronounced to be the one upon which all the resources we can command should be
expended. But Exploration is still going on, and I trust that before the Council is
prorogued some satisfactory result will be announced. Should such not be the case,
it will be our duty in the early spring, as a temporary expedient, to use every effort
to make the present trail by Hope conveniently available for pack trains.!
7. The Estimates contemplate a large outlay on the Roads in Cariboo, including^
the formation of a Street to connect Camerontown with Richfield. The claims of
those who have made this Colony their home, and who are responsible for the Public
Debt, should not be disregarded; and I propose to expend out of the Moneys to be
raised on Loan such moderate amount as may, should the Municipal Council consent,
make one or more of the main thoroughfares of New Westminster creditable to the
seat of Government of this large and important Colony.
i 12th JANUARY
1865
8. The erection of Public Buildings has become urgently necessary in more than
Moderate grants shall be asked for this purpose, and also in aid of
Hospitals at Cariboo, Kootenay and New Westminster. I think it would be well
to add a small amount to assist the formation of a Library at each of the places just
mentioned. A subsidy towards securing Steam communication with San Francisco
and Panama shall not be forgotten, and the establishment of a Light Ship or Light
House at the Mouth of the Fraser will be provided for. A set of Iron Buoys to
mark the Channel has been ordered from England.    The expense will appear in
the Estimates. .
9. The late Council requested the Governor to introduce a system of Tariff Duties,
proposed by an Honourable Member of the late and present Board. The question
was transferred by my Predecessor to myself, but I considered it of too great importance for me to deal with in the first few days of my administration of the Government. I have now arrived at the opinion that the Tariff proposed would act
beneficially to the trade of the Colony, and I shall direct a Bill adopting its general
principles to be laid before you. I have, however, not found myself able to recommend
the reduction in the Customs Revenue, which the measures advocated by the late
Council proposed to effect.
10. I have seen with pain the operation of our Insolvency and Bankruptcy Acts.
In a Gold Mining Country, at a vast distance from the Sea, a man must venture
much if he would hope to profit fully by his exertions. The more enterprising the
Miner the greater the risk he incurs, and some of our boldest prospectors and explorers have found themselves reduced to select between the alternative of flight
from the Colony or the debtor's prison. Imprisonment for debt Where no fraud is
suspected is not suited to a community like this, where speculative and hazardous
enterprise is necessary to the advancement of the Colony. A Bill to relieve Insolvent debtors shall be laid befoBeyou, and in pursuance of this object it will among
other provisions abolish the distinction in Bankruptcy of trader and non-trader.
11. In view of the enormous expense annually required for the repair of the roads,
the damage to them being greatly aggravated by the insufficient width of the tires
generally in use, a Bill shall, at your next meeting, be laid before you framed upon
the principal of the English turnpike Acts, making heavily loaded waggon spay toll
according to the amount of injmy to the roads the construction of their wheels is
likely to cause. You are aware that under the 4th Section of Proclamation No. 3,
of 1862, it is competent to the Chief Commissioner of Lands and Works, to do, by
mere notice, that which I now propose we should do by Law. The responsibility
seems to me too great to be thrown upon a single Officer,
12. A Bill shall be sent to you making important changes in the laws regulating
the acquisition of lands. The subject is one of the utmost importance and difficulty.
I trust therefore that I shall receive every assistance from you in adapting the Law
to the promotion of the welfare of the Colony.
13. Of equal importance is the Ordinance which shall, at an early date be submitted to you, having for its object the consolidation and amendment of the Mining
Laws. In this case I have relied principally upon the valuable assistance of the
Mining; Board.
14. Measures shall be brought forward for remodelling the Postal system; for
amending the laws of evidence; to facilitate tbe soleminzation of Marriages in the
country districts; for extending the time granted to a Company for a monopoly of
Traction Engines; for abolishing the exclusive privileges granted to the California
State Telegraph; and for the protection of the great line of the Russian-American
Telegraph, which will bring New Westminster into immediate communication with
the electric systems of Asia, Europe and North Africa.
15. Probably the subject of Telegraphic communication is the only one to which
I can now refer with altogether unmixed satisfaction. Before long, it is probable
that we shaU have at least two distinct means of communication with the Mother
Country and the whole civilized globe. It will be my earnest endeavour to attach'
our two Mining Districts to the great system, and to the head quarters of this Gov
eminent I need not point out to you*the immense advantage we should derive
from instantaneous communication with Cariboo and theEootenay. It would double
the eftective strength of our Police force, and thus probably enable the Government
to establish at moderate charges a secure Gold Escort.   To tl
It would dout
'. t
le dwellers on the Gold 28° YICTORLE.
16th JANUARY.
Creeks, and to the Merchants of New Westminster, the wire would be equally valuable.
16. I shall probably lay before you a Bill authorizing the Governor to grant, by
Proclamation, on petition of a certain proportion of the inhabitants, Municipal
powers to the several towns of the Colony. It would be well, I think, not to exclude
aliens from the suffrage.
17. There are many other subjects of importance to which I shall draw your attention by Message during the progress of the Session, but I may as well at once
say I shall omit the promised communication respecting Union with Vancouver
Island. Your reply to the address, with which I opened the late Session, has convinced me that it is unnecessary for me to moot the question again now. I regret
that the interests of two Colonies so near each other, and so remote from the Mother
Country, should be in some respects antagonistic, but my duty to British Columbia
is paramount, and I accept your decision. I trust that the entire separation which
now takes place may ultimately lead to a desire for the most intimate relations and
probably for an Union which, in some respects, I cannot but consider to be desirable.
18. I shall wait with much interest the results of your labours, for I think that if
this Session be well employed it will form a turning point in the history of British
Columbia for many years to come. Great and solemn interests are confided to our
hands, and I trust that a sense of their importance will produce a spirit of candid and
patient examination. Deeply conscious that of ourselves we can do but little to ensure
the prosperity of this vast province, let us humbly ask the blessing of the Almighty,
without which our labours would be but vain.
His Excellency's Speech was listened to with profound attention.
The Governor then left the Council Chamber.
The Hon. the Colonial Secretary took the Chair as Presiding Member.
The Hon. the Colonial Secretary stated that, to prevent mistakes, he had obtained
a copy of the Governor's Speech, and moved, the Hon. Mr. O'Reilly seconding,
That the same be printed and distributed to the Members of the Council.
Ordered accordingly.
On the motion of the Hon. the Treasurer, the Hon. Mr. Holbrook seconding,
Ordered, That a Select Committee, to be named by the Presiding Member,
be appointed to draw up and submit a Reply to His Excellency's gracious
Speech.
The following Members were appointed accordingly:—the Hons. the
Treasurer, Mr. Brew, Mr. Ball, Mr. Holbrook, and Mr. Walkem.
The Standing Orders, as laid before the Council by the Governor, were then read
by the Clerk.*
Then, on the motion of the Hon. the Attorney General, the Council adjourned till
Monday, the 16th instant, at 3 o'clock.
Monday, the 16th day of January, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the Members names being called over it was found that they were all present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon Mr. Crease gave notice of motion.
The Hon. Mr. Holbrook gave notice of 4 motions.
The Hon. C. W. Franks, Chairman of the Select Committee appointed to prepare
an Address in reply to His Excellency the Governor's opening Speech, brought
up a Report, and the same was read as followeth:
* See Appendix. A.
i
rs 17th JANUARY
186,
Address:
Your Committee recomend the adoption by the Council of the following
May it please Your Excellency :
We, Her Majesty's most dutiful and loyal subjects, the Legislative Council of the
Colony of British Columbia, beg leave to return our thanks to Your Excellency for
the Speech with which you have been pleased to open the present Session of the
Council. Hfj Wm
2. We notice with satisfaction the Standing Orders prepared by Your Excellency
for adoption by the Council, and we recognize with unfeigned pleasure the spirit
of liberality which pervades them. \
3. We trust that those Ordinances which passed the Council last Session, but
have not received the assent of Her Majesty, may yet in their main features become law.
4. The Estimates shall receive our most careful attention. We are gratified to
learn that it has at length been determined to impose a duty on the Export of Gold.
5. The extension of Roads and other means of communication throughout the
Colony appears to us ameasure of the highest importance, and we believe that it will
be of great benefit to the Colony to have direct steam communication with San
Francisco and Panama. Our best aid shall be given in promotion of these measures.
6. Of hardly less importance appears to us the improvement of the navigation,
and the placing of a Light Ship and Buoys at the mouth of the Fraser.
7. We have everv confidence that the alteration of the Tariff will have an advan-
tageous influence on the trade and commerce of the Country.
8. We hail with great pleasure the measures proposed for the extension of Telegraphic communication throughout the Colony. Feeling fully confident that they
will prove of the greatest advantage, we will give these and the other measures
which Your Excellency proposes to lay before us our careful consideration.
9. While we concur with Your Excellency in regretting that the interests of two
adjacent Colonies should be antagonistic, we are glad to see that our views with regard to the question of Union with Vancouver Island have been accepted.
10. In conclusion we would beg to refer with the utmost satisfaction to the vigorous determination, breathed throughout Your Excellency's Speech, to promote the
interests of the Colony and to foster its advancement. Feeling the solemn responsibility imposed upon us, we will use our utmost endeavours in assisting Your Excellency to obtain objects so desirable.
Charles W. Franks,
Council Chamber, Chairman.
VJlh January, 1865.
On the motion of the Hon. the Treasurer, the Hon. Mr. Homer seconding,
Ordered, That the Address in reply to the Governor's Speech, as prepared
by the Select Committee, be adopted.
On the motion of the Hon. Mr. O'Reilly, the Hon. Mr. Elliott seconding,
Ordered, That the said Address be engrossed and signed by the Presiding
Member. to J b
On the motion of the Hon Mr. Crease, the Hon. Mr. Walkem seconding
Ordered, That the said Address be presented to the Governor by'the whole
ouse.
The Hon. the Presiding Member informed the Council that His Excellency would
be prepared to receive the Address to-morrow, Tuesday, at 1J o'clock.
rhen, on the motion of the Hon. tbe Attorney General, the Council adjourned till
1 uesday, at li o clock in the afternoon.
Tuesday, the 17th day of Janaury, 1865.
The Council met at 1$ o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member VICTORIA.
17th JANUARY, 1865.
the names being called over the Hon. Mr. Walkem was found to be absent
without leave granted.
The Minutes of the previous Meeting were read over and confirmed.
The Council then adjourned during pleasure.
On the Council resuming its sitting, the Presiding Member informed the Council
that, in pursuance of the order of the Council, he, in company with several
Members of the Council, had attended upon His Excellency, to deliver the
Address in reply to His Excellency's Speech at the opening of the Session, and
that His Excellency had been pleased to make thereto the following answer:
Honourable Gentlemen of the Legislative Council:
I have received your Address with much satisfaction. It will always be my
pleasure, as it is my duty, to co-operate with you in every way towards the advancement of the public good.
The Hon. Mr. Holbrook presented a Petition from the inhabitants of Douglas praying for a grant of money for School purposes.
Ordered to be read.   Read accordingly.
The Hon. Mr. Holbrook presented a further Petition from the inhabitants of Douglas praying that no Ordinance might be passed rendering broad tires necessary.
Ordered to be read.    Read accordingly.
The Hon. Mr. Holbrook gave notice of 3 motions.
The Hon. Mr. Moberly gave notice of motion.
The Hon. the Attorney General laid on the table, by order of the Governor, the
following Bills:
A Bill to amend the Law of Evidence;
A Bill regulating the construction of the International Telegraph;
A Bill extending the time of the Steam Traction Engine Company.
Ordered to be read the first time.
Read first time accordingly.
Ordered that they be read secoud time as follows:
Traction Engine Bill, Wednesday 18th;
Law of Evidence Bill, Thursday 19th;
International Telegraph Bill, Friday 20th.
On the motion of the Hon. Mr. Holbrook, the Hon. Mr. Elliott seconding,
Resolved, That His Excellency be respectfully asked to lay before the Council
a Return of the amount collected for Tonnage Dues on goods going up river
for the past 12 months, ending 31st December, 1864, at the Port of New Westminster.
On the motion of the Hon. Mr. Holbrook, the Hon. Mr. Elliott seconding,
Resolved, That His Excellency be respectfully asked to lay before the Council
a Return of the amount of Road Tolls, collected during the last twelve months
ending 31st December, 1864, on the road from Douglas to Lillooet, and the
sum expended on such road during the same time; also the amount of Road
Tolls collected on the road from Yale to Lytton, and the sum expended for the
same period on such road.
The Hon. Mr. Holbrook moved the following Resolution, the Hon. Mr. Homer
seconding:
That a Select Committee of the House be formed to consider how an assisted
emigration from Great Britain can be made available for the Colony, either by
paying part of the passage money or giving grants of land, and that the Presiding Member name such Committee.
The Hon. Mr. Ball moved the following amendment, the Hon. Mr. Cornwall
seconding:
That the Council go into Committee of the whole this day week on the sub- 18th JANUARY
1865
ject of the Hon. Mr. Holbrook's Resolution respecting assisted emigration to
thTh?HTMr^
Sat tie appotntoent of the Committee be postponed until after the introduction of the new Land Bill in course of preparation by Government
On the Hon. Mr. Moberly's amendment being put, the Council divided
Ayes 4, Noes 10.
Sn'tKon. Mr^aS-fa^ndmentteingpuMt was carried --imouslv and
frdend. That the House do resolve itself into a Committee of the whole this
day week on the Hon. Mr. Holbrook's Resolution.
Then, on the motion of the Hon. Mr. Brew, the Council adjourned till Wednesday,
the 18th instant.
Wednesday, the 18th day of January, 1865.
The Council met at 1 o'clock, pursuant to order.
The Hon. the Attorney General took the Chair as Presiding Member, being
the senior Member present.
On the names being read o^er, the Hon. the Colonial Secretary and the Hon. the
Treasurer were found to be absent.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Holbrook presented a Petition from the inhabitants of Douglas praying that a grant might be made by the Council for deepening the small slough
near Douglas.
On the motion of the Hon. Mr. Holbrook,
Ordered, That the Petition be read.    Read accordingly.
The Hon. Mr. Holbrook presented a Petition from the Inhabitants of Lillooet praying that the Road Tolls might not be collected on home grown produce.
On the motion of the Hon. Mr. Holbrook,
Ordered, That the Petition be read.   Read accordingly.
The Hon Mr. Walkem rose to speak tela question of privilege in regard to the fine
imposed upon him for being absent from the Council yesterday.
On the question being put as to whether the fine imposed be remitted, it was
carried unanimously,
So it was Ordered that the fine in question be remitted.
The Hon. Mr. Holbrook gave notice of 2 motions.
On the Order of the day being read for the second reading of the Steam Traction
Engine Extentmn Bill, a debate arose.
The Council divided on the question being nut.
Ayes 13, No 1. & *
So it was Resolved in the affirmative, and Ordered, That the Bill be read a
second time at once.   Read second time accordingly.
On the motion of the Hon. the Attorney General
Ordered, That the Bill be committed forthwith.    j
™G S°n^ r\s?lve? itQ,e¥int0 a Col™ttee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Walkem in the Chair of Committee.
The Presiding Member resumed the Chair.
outlmend^nls" "^^ ** Chairman rep°rted th*Bm^onethrough*iih-
frU 28° VICTORIA,
19th JANUARY.
Then, on the motion of the Hon. the Attorney General,
Ordered, That this Bill be read a third time to-morrow.
The Hon. Mr. Holbrook asked leave to withdraw his motion asking the Government to bring in a Bill regulating Fisheries.
Ordered that leave be granted.
Bill withdrawn accordingly.
The Hon. Mr. Holbrook moved for leave to bring in a Bill prohibiting, at certain
seasons, that game should be bought, sold, or shot,
Ordered that leave be granted, and that the said Bill be read a first time on
the 1st February.
On the motion of the Hon. Mr. Holbrook, the Hon. Mr. Moberly seconding,
Resolved, That the Government be asked to bring in a Bill to provide for the
proper Registration of Births, Deaths, and Marriages.
On the motion of the Hon. Mr. Holbrook, the Hon. Mr. Homer seconding,
That the Government be asked to bring in a Bill to impose a tax upon all
unimproved lands bought or pre-empted from Government in this Colony.
The Hon. Mr. Ball moved the following amendment: That the words "and
unoccupied" be inserted after the word | unimproved," and that the words "or
pre-empted" be struck out.
On the amendment being put it was carried unanimously, and Resolved accordingly.
The original Resolution with amendments was then put and carried.
The Hon. Mr. Moberly moved, the Hon. Mr. O'Reilly seconding,
That the Government be respectfully requested to take such steps as may be
necessary to have all the pre-empted and purchased lands in the Colony surveyed at as early a date as possible, and that when surveyed titles to the above
lands be granted on payment of all dues thereon to the Crown being made.
The Hon. Mr. Brew moved as amendment, the Hon. Mr. Holbrook seconding,
That the Government be respectfully requested to cause pre-empted lands
throughout the Colony to be surveyed and the titles issued whenever the pre-
emptors of such lands shall apply to have their lands surveyed.
On the amendment being put it was carried unanimously, and Resolved accordingly.
The Hon. the Colonial Secretary rose to speak to a question of privilege in regard
to his being absent at the time of meeting this day;
And oil the question being put it was Ordered that no fine be imposed on the
Colonial Secretary, and the explanation given being satisfactory that he be considered to have been present at the meeting of the Council.
The Hon. the Treasurer rose to speak to a question of privilege in regard to his
being absent at the time of meeting this day;
And on the question being put it was Ordered that no fine be imposed on the
Treasurer, and the explanation given being satisfactory that he be considered
to have been present at the meeting of the Council.
Then, on the motion of the Hon. the Colonial Secretary, the Council adjourned.
Thursday, the 19th day of January, 1865,
The Council met at 3 o'clock, pursuant to order.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the names being called over the the Hon. the Attorney General was found to
be absent. 20tii JANUARY
186c
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Walkem gave notice of 2 motions.
The Hon. the Attorney General gave notice of 2 motions.
On the Order of the day being read for the second reading of the Native Evidence
I
Ordered that; the same be read second time forthwith.
Read accordingly the second time.
On the motion of the Hon. Mr. Crease,
Ordered, That the Council do go into Committee of the whole on the said Bill.
The Council resolved itself into a Committee of the whole accordingly.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of Committee.
The Presiding Member resumed the Chair.
The Committee rose, and the Chairman reported the Bill gone through with
certain amendments.
Then, on the motion of the Hon. the Attorney General,
Ordered, That the said Bill be read the third time on Wednesday next.
On the Order of the day being read for the 3rd reading of the Traction Engine Extension Bill,
Ordered that the said bill be read third time presently.
Bill read a third time accordingly.
On the motion of the Hon. the Attorney General,
Resolved, That this Bill do pass, and that its title be "The Traction Engine
Extension Ordinance, 1865."
The Hon. Mr. Holbrook moved that his Resolution in regard to a Petition from the
inhabitants of Lillooet and the neighbourhood standing as an Order of the
day for the present day be allowed to be placed on the Order of the day for tomorrow.
Ordered that the same be placed on the Order of the day for to-morrow.
On the Order of the day being read for the consideration of a Resolution to be
moved by the Hon. Mr. Holbrook, having reference to the improvement of the
slough near Douglas,
The Hon. Mr. Holbrook moved that this Resolution be considered this day
month,
And it was Ordered accordingly.
Then, on the motion of the Hon. the Attorney General, the Council adjourned.
Friday, the 20th day of January, 1865,
The Council met at 3 o'clock, pursuant to order.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the Members names being called over it was found that they were all present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Homer gave notice of 2 motions.
On the Hon Mr. Holbrook giving notice of motion a debate arose, and on the
question being put as to whether the motion shall stand on the Order Book
for discussion, •wvh.
The Council divided.
Ayes 7, Noes 6,
So it was Resolved in the affirmative, and Ordered accordingly
fcSfcS 28° VICTORIA,
23rd JANUARY, 1865.
The Hon. Mr. Cornwall gave notice of motion
On the Order of the day being read for the 2nd reading of the International Telegraph Bill,
Ordered, That this" Bill be read the second time presently.
Read second time accordingly.
On the motion of the Hon. the Attorney General, That this Bill be committed forthwith,
The Hon. Mr. Ball moved as an amendment that the said Bill be committed
on Monday next.
And on the amendment being put it was carried unanimously, and Ordered
accordingly.
The Hon. Mr. Walkem asked leave to bring in Decimal Currency Bill.
Ordered, that leave be granted.
He accordingly presented the said Bill which was received, and on the motion of the Hon. Member,
Ordered, That the said Bill be now read a first time.
Read first time accordingly.
Second reading Ordered for Thursday next.
On the Order of the day being read for the first reading of the First Telegraph
Amendment Bill,
Ordered that the same be now read the first time.
Read first time accordingly.
Ordered that the said Bill be read the second time on Monday next.
The Hon. Mr. Holbrook moved the following Resolution, the Hon. Mr. Homer
seconding,
That as the present Road Toll chatfged on farm produce carried along the
road from Lillooet to Clinton, and from Clinton to Lillooet, imposes a tax on
occupied land of from <£5 to <£12 per acre per annum, and is very detrimental
to settlement, be it resolved that this Council recommend that His Excellency
be pleased to remit the Toll on such road on native grown produce, such as
hay, manure, lumber, and grain when being carried to a grist mill for the purpose of being ground to flour; and that the Council take into consideration the
Petition from Lillooet on this subject.
The Hon. Mr. Moberly moved the following amendment, the Hon. Mr. Ball
seconding,
That the motion of the Hon. Member for Douglas respecting the alterations
in the Collection of Tolls on the Lillooet Alexandria Road be postponed for 1
month.
On the amendment being put the Council divided,
Ayes 13, Noes 1,
So it was Eesolved in the affirmative, and Ordered accordingly.
Then, on the motion of the Hon. Mr. Holbrook, the Council adjourned.
Monday, the 23rd day of January, 1865.
The Council met at 3 o'clock, pursuant to order.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the names being called over all the Members were found to be present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Walkem moved for leave to bring in County Court Amendment .Bill,
Ordered that leave be granted, and that the Bill be read first time on Unday
next.
The Hon. Mr. Homer moved, the Hon. Mr. Holbrook seconding,
That the Government be recommended to introduce a Bill repealing tne
i 24th JANUARY.
present Act which regulates the Pilot and Harbour dues, and in lieu thereof
establish the rates of Pilotage at one dollar per foot, and appropriate the sum
of Three hundred and fifty pounds for the support of Pilots.
The Council divided on the question being put.
Ayes 8, Noes 5.
So it was Resolved in the affirmative.
The Hon. Mr. Cornwall moved for leave to bring in Thompson River Bridge Charter Bill.
Ordered that leave be granted, and that the Bill be read first time on Thursday
next.
The Hon. Mr. Holbrook moved the following Resolution, the Hon. Mr. Elliott seconding:
That whereas the prevailing opinion appears to be that the better way of
keeping open the Harrison Rapids and Slough at Douglas is by the use of a
Dredging Machine, be it resolved that the Government be respectfully requested to advertize in the next papers and Gazette for tenders, in order to ascertain
the expense of keeping open such navigation either by that or in some other
manner.
After some discussion the Hon. mover asked leave to withdraw the motion.
Ordered that leave be granted. Leave granted accordingly and motion withdrawn.
On the Order of the day being read for the Committal of the Telegraph Establishment Bill,
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the Bill be read a third time on Wednesday next.
On the Order of the day being read for the second reading of the First Telegraph
Amendment Bill,
Ordered that the same be now read second time. Read second time accordingly.
Ordered that the said Bill be committed on Thursday next.
Then, on the motion of the Hon. Mr. Brew, the Council adjourned.
Tuesday, the 24th January, 1865,
The Council met at 3 o'clock, pursuant to order.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the names being called over the Hon. Mr. Walkem was found to be absent,
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Cornwall gave notice of motion.
On the Order of the day being read for a Committee of the whole on Assisted Em-
lgration,
The Council resolved itself into the said Committee
The Presiding Member left the Chair.
r!Je Son: J^r- ?^Reilly in the Chair of the Committee.
Ihe Presiding Member resumed the Chair. <~v
28° VICTORIA.
25th JANUARY
21
The Committee rose and the Chairman reported progress, handing in a Resolution of the Committee, and asked leave to sit again.
Ordered that leave be granted.
On the motion of the Hon. Mr. Cornwall, the Hon. the Attorney General
seconding,
Resolved, That the Resolution of the Committee of the whole be adopted, viz:
That a Select Committee be appointed to consider the subject of Assisted Emigration to this Colony, and to draw up a Report on the subject to be laid before the House at the expiration of one month from this date.
The following Members were appointed to form the Committee in question:
The Hons. Messrs. Ball, Cornwall, Homer, Holbrook, and Moberly.
A Message from His Excellency the Governor, which being read was as follows:
Message No. 1.
Frederick Seymour.
• In compliance with the request of the Legislative Council, the Governor lays
before the House a Return of the amount of Tonnage Dues collected at the
Port of New Westminster during the year 1864.
Government House,
24:th January, 1865.
According to the Order of the day the Hon. the Attorney General brought in Gold
Export Duty Bill.
Ordered that the said Bill be now read first time.
Read first time accordingly.
Ordered that the said Bill be read second time on Friday next.
On the motion of the Hon. the Colonial Secretary,
Ordered, That the second reading of the Currency Bill, now standing on the
Order of the day for Thursday, be altered'to Wednesday.
The Hon. Mr..Homer moved the following Resolution, the Hon. Mr. Moberly seconding :
That the Government be recommended to introduce a Bill for the purpose
of establishing statute labour in the Colony.
On the question being put the Council divided,
Ayes 2, Noes 12.
So it passed in the negative.
The Hon. the Attorney General brought in Waggon Tire Bill.
Ordered that the said Bill be now read the first time.
Read first time accordingly.
Ordered that the said Bill be read a second time to-morrow.
The Hon. Mr. Walkem moved that the fine leviable on him for non-attendance at
the opening of the Council this day be remitted.
Ordered that the fine be remitted.
Then, on the motion of the Hon. the Collector of Customs, the Council adjourned.
Wednesday, the 25th day of Janaury, 1865.
The Council met at 1 o'clock, pursuant to order.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the Members names being called over the Hon. the Treasurer was found to be
absent.
The minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the third reading of the Native Evidence Bill'
>
>
l 26th JANUARY
The Hon the Attorney General moved that the said Bill be re-committed.
Ordered accordingly.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through witn
certain amendments.
Ordered that the Bill be now read a third time.
Read a third time accordingly.
Ordered that this Bill be brought up for passing to-morrow.
On the Order of the day being read for the third reading of the Telegraph instruction Bill,
Ordered that the said Bill be now read third time.
Read third time accordingly.
Ordered to be brought up for passing to-morrow.
The Hon. Mr. Cornwall moved for leave to bring in Pounds Bill.
Ordered that leave be granted.    Leave granted accordingly.
Ordered that the said Bill be read first time on Monday next.
On the Order of the day being read for the second reading of the Currency Bill.
Ordered that the said Bill be now read the second time.
Read second time accordingly.
On the motion of the Hon. Mr. Homer that this Bill be now committed,
The Council divided.
Ayes 8, Noes 4.
So it was Resolved in the affirmative and ordered accordingly.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, the Chairman reported progress and asked leave to sit
again.
Ordered~that leave be granted for to-morrow.
On the Order of the day being read for the first reading of tbe Waggon Tire Bill,
Ordered that the said Bill be now read first time.
Bill read first time accordingly.
Ordered that the same be read second time a fortnight hence.
Then, on the motion of the Hon. Mr. Brew, the Council adjourned.
Thursday, the 26th day of January, L86£
The Council met at 3 o'clock, pursuant to order.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the names being read over all the Members were found to be present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No 2.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has received an application from the Honourable Gentlemen appointed severally to represent the
districts of Cariboo, East and West, Yale, and Lytton, to be relieved from the
attending a Meeting of the Council or of paying a fine of ten i
OQO
8° VICTORIES.
30th JANUARY
23
The Governor, though with regret, consents to make such alterations in the
• Standing Orders as may meet the wishes of the Honourable Members referred
to, but as this will probably necessitate some important changes he will not be
able to lay the amendment before the Council until Monday.
Pending the proposed changes the Governor has given leave of absence to the
Honourables Clement Francis Cornwall, George Anthony Walkem Walter
Moberly.
Government House,
26th January, 1865.
The Hon. The Treasurer rose to speak to a question of privilege in regard to his
being absent from the Council at the hour of meeting yesterday, and begged
that the fine might be remitted.
On the motion of the Hon. Mr. Cornwall, the Hon. Mr. Elliott seconding,
Ordered, That the fine be remitted.
On the Order of the day being read for the first reading of the Lytton Thompson
River Bridge Charter Bill.
Ordered that the same be now read the first time.
Read the first time accordingly.
Ordered that the same be read a second time on Monday next.
On the Order of the day being read for the Committal of the First Telegraph
Amendment Bill,
Ordered that the Council do go into Committee of the whole on the said Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the said Bill be read the third time on Monday next.
On the Order of the day being read for the passing of the Native Evidence Bill,
Resolved that this Bill do pass and that its title be the "Native Evidence
Ordinance, 1865."
On the Order of the day being read for the passing of the Telegraph construction
Bill,
Resolved that the said Bill do pass and that its title be the "International
Telegraph Ordinance, 1865."
On the Order of the day being read for the Committal of the Currency Bill,
Ordered that the Council do now go into Committee of the whole on the
said Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, the Chairman reported progress and asked leave to sit
again.
Ordered that leave be granted for Wednesday next.
Then, on the motion of the Hon. Mr. Brew, the Council adjourned till Monday next.
Monday, the 30th day of January, 1865.
The Council met at 3 o'clock, pursuant to order.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
On the names being called over the whole of the Members were found to be present,
The Minutes of the previous Meeting were read over and confirmed.
! F"*-*
T1Z
24
30th JANUARY.
18ff5
A Message from His Excellency the Governor, which being read is as follows:
& " Message No. 3.
Frederick Seymour. m m       | m fill m      ^ *. v
The Governor lays before the Legislative Council certain alterations mat ne
has made in the Standing Orders.
Clauses 1 and 2 are struck out; the following occupy their place :
1. The Council shall at each day's adjournment fix the day and hour for the
next meeting as may be deemed most convenient for the dispatch of business.
2. As near as may be to the hour of meeting fixed for any particular day,
the member present who shall be senior in order of precedence shall take the
Chair.
In Section 3, after the word "contempt," the words "unless he shall have
obtained leave of absence from the Governor" are added.
Section 6 stands thus:—Except on the first day of Session, all such Members
as shall be absent without leave at the expiration of half an hour from the time
fixed for meeting shall be fined ten dollars.
In Section 33, "Every Bill except those sent down to the Council by the
Governor shall be introduced by leave granted to some Member on motion
therefor."    The remainder of the clause is struck out.
Government House,
SOth January, 1865.
A further Message from His Excellency, which being read is as follows:
Message No. 4.
Frederick Seymour.
The Governor has received the Resolution of the Legislative Council of the
18th instant, requesting him to bring in a Bill to impose a tax upon all unimproved and unoccupied land bought from Government in this Colony.
The Governor is not sufficiently impressed at present with the expediency
of the measure to be disposed to take the initiative in it, but any Bill which
may carry out the wishes of the Council in this respect will, when placed before him, meet with the most earnest and respectful consideration.
Government House,
SOth January, 1865.
A further Message from His Excellency, which being read is as follows:
Message No. 5.
Frederick Seymour.
The Governor lays before the Legislative Council copies of two letters received from the Agents General for Crown Colonies, relative to the difficulty
of borrowing, money on Colonial securities, in the present state of the London
market.
Government House,
SOth January, 1865.
The letters alluded to were read aloud by the Clerk.
The Hon. The Attorney General gave notice of motion.
On the Order of the day being read for the first reading of the Pounds Bill
Ordered that the said Bill be now read the first time.
Read first time accordingly.
Ordered that the said Bill be read second time on Thursday, the 9th instant.
011 Brid Pe Bilf ^ *** ^^ ^ ** ** SeC°Ud reading °f the Lytton Tho^Pson
Ordered that the said Bill be now read second time.
Read second time accordingly.
Ordered that the Bill be committed to-morrow.
011 m'e^Bm^the ^ b6ing ^^ f°r the tWrd "^^ °f the TeleSraPh Amen4-
Ordered that the said Bill be now read the third time. 28° VICTORIA.
1st FEBRUARY
Read the third time accordingly, and
Resolved that this Bill do pass, and its title be "The Telegraph Amendment
Ordinance, 1865."
On the Order of the day being read for the second reading of the Gold Export Bill,
Ordered that the said Bill be now read the second time.
Read the second time accordingly.
Ordered that the same be committed to-morrow.
Then, on the motion of the Hon. Mr. Brew, the Council adjourned till 3 o'clock
to-morrow.
i
Tuesday, the 31st January, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
All the Members present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the first reading of the Game Protection Bill,
Ordered that the said Bill be now read the first time.
Read the first time accordingly.
Ordered that the same be read the second time on Friday the 10th proximo.
On the Order of the day being read for the committal of the Lytton Bridge Bill,
Ordered that the Council do now go into Committee of the whole on the said
Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Elliott in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the said Bill be read the third time on Tuesday next.
On the Order of the day being read for the committal of the Gold Export Duty Bill,
Ordered that the Council do now go into Committee of the whole on the said
Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
CD
Ordered that leave be granted for to-morrow.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 1 o'clock
to-morrow.
Wednesday, the 1st day of February, 1865.
The Council met at 1 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member
Ml the Members present. 2nd FEB RUART
1865
The minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the committal of the Gold Export Duty Bill,
Ordered that the Council do now go into Committee of the whole on the said
Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, the Chairman reported progress and asked leave to sit
again.
. Ordered that leave be granted for to-morrow.
On the Order of the day being read for the Committal of the Decimal Currency Bill,
Ordered that the Council do now go into Committee of the whole on the said
Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
Then, on*the motion of the Hon. the Collector of Customs, the Council adjourned
till 3 o'clock to-morrow.
Thursday, the 2nd day of February, 1865
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
All the Members were present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the committal of the Gold Export Duty Bill,
Ordered that the Council do now go into Committee of the whole on the said
Bill. •
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the Bill be read the third time on Monday next.
On the Order of the day being read for the committal of the Decimal Currency Bill,
Ordered that the Council do now go into Committee of the whole on the said
Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee,
he Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments. G
Ordered that this Bill be read the third time on Monday next.
Then on the motion of the Hon. Mr. O'Reilly, the Council adjourned till Mondav
the 6th February. J 28° VICTORIA.
8th FEBRUARY
Monday, the 6th day of February, 1865
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Holbrook absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read therefor, the Hon. the Attorney General brought
in Trustees'Relief Bill.
Ordered that this Bill be now read the first time.
Read first time accordingly.
Ordered that the same be read the second time on Wednesday next.
On the Order of the day being read for the second reading of the Gold Fields
Amendment Bill,
Ordered that the said Bill be now read second time.
Read second time accordingly.
Ordered that the same be committed on Wednesday next.
On the Order of the day being read for the first reading of the Bankruptcy Bill,
Ordered that the said Bill be now read first time.
Read first time accordingly.
Ordered that the same be read second time on Monday next.
On the Order of the day being read for the third reading of the Gold Export Duty
Bill,
The Hon. Mr. Cornwall moved, the Hon. Mr. Elliott seconding,
That this Bill be read the third time on Monday next.
On the question being put the Council divided.
Ayes 7, Noes 4.
So it was Resolved in the affirmative and Ordered accordingly.
On the Order of the day being read for the third reading of the Decimal Currency
Bill,
Ordered that the said Bill be now read the third time.
Read the third time accordingly, and Resolved That this Bill do pass and that
its title be the "Decimal Currency Ordinance, 1865."
Then, on the motion of the Hon. Mr. O'Reilly, the Council adjourned till Wednesday the 8th instant, at 1 o'clock.
Wednesday, the 8th day of February, 1865.
The Council met at 1 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Holbrook absent on leave; all others present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
& Message No. .6.
Frederick Seymour. i       .,,,,-,! S a •   tr™.
The Governor acquaints the Legislative Council that he has assented, in Hei
Majesty's name, to the Ordinance entitled "An Ordinance to extend the term
of the Steam Traction Engine Ordinance, 1864."
Government House,
1th February, 1865. 9th FEBRUARY.
1865
On the Order of the day being read for the second reading of the Waggon Tire Bill,
On the motion of the Hon. the Attorney General, \Wm
Ordered, That the second reading of the said Bill be postponed till I riday
the 10th instant.
On the Order of the day being read for the second reading of the Trustees' Relief
Bill,
Ordered that the said Bill be now read the second time.
Read second time accordingly.
Ordered to be committed to-morrow.
On the Order of the day being read for the committal of the Gold Fields Acts
Amendment Bill,
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
On the Order of the day being read for the third readiug of the Lytton Bridge Bill,
The Hon. Mr. Cornwall moved that the said Bill be re-committed to-morrow.
Ordered accordingly.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till to-morrow, at 3 o'clock in the afternoon.
Friday, the 9th day of February, 1865.
The Council met at 3 o'clock, pursuant to adjourment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Holbrook absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No 7.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance to amend the Law of Evidence."
Government House,
8th February, 1865.
A further Message from His Excellency, which being read is as follows:
_, 1 Message No. 8.
Irederick Seymour.
In fulfilment of a promise made by his predecessor, the Governor lays before
the Legislative Council a petition from certain inhabitants of Lytton praying
for compensation under circumstances stated by them.
The Governor acquaints the Legislative Council that he has already considered the petition in Executive Council, and was not advised to comply with its
prayer. He is simply carrying out his predecessor's pledge in placing the petition before the Legislative Council, r
Government House,
8th February, 1865.
On the Order of the day being read for the re-committal of the Lvtton Bridge Bill
On the motion of the Hon. Mr. Cornwall, 28° VICTORIES.
10th FEBRUARY.
Ordered, That the said Bill be re-committed to-morrow.
On the Order of the day being read for the second reading of the Pounds Bill,
Ordered that the said Bill be now read the second time.
Read second time accordingly.
Ordered to be committed on Wednesday the 14th instant.
On the Order of the day being read for the committal of the Trustees Relief Bill,
The Council resolved itself into the said Committee.
The Presiding Member left the Chair. •
  CD
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
some slight amendments.
Ordered that the said Bill be read third time on Monday next.
On the Order of the day being read for the committal of the Gold Fields' Amend-
j ment Bill,
The Council resolved itself into Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, the Chairman reported some progress made with the
Bill, and asked leave to sit again.
Ordered that leave be granted for to-morrow.
On the motion of the Hon. the Presiding Member,
Ordered, That the second reading of the Game Bill, standing on the Order of
the day for to-morrow, do stand as an Order of the day for that day week.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 3 o'clock
in the afternoon to-morrow.
Friday, the 10th day of February, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. the Treasurer and the Hon. Mr. Holbrook absent on leave; all other
Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. the Attorney General gave notice that on Monday next he would bring
in a Bill altering the Customs Laws.
On the Order of the day being read for the second reading of the Waggon Tire Bill,
On the motion of the Hon. the Attorney General,
Ordered, That the second reading of the said Bill be postponed till this day
week.
On the Order of the day being read for the re-committal of the Lytton Bridge Bill,
On the motion of the Hon. the Attorney General,
Ordered that the said Bill be now read third time.
Read the third time accordingly, and Resolved that this Bill do pass and that
its title be "The Lytton Bridge Toll Ordinance, 1865."
On the Order of the day being read for the further committal of the Gold Fields Bill,
The Council resolvedltself into the eaid Committee.
The Presiding Member left the Chair. 13th FEBRUARY
1865
The Hon. Mr, Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
Committee rose and the Chairman reported some progress made with
the Bill and asked leave to sit again.
Ordered that leave be granted for Monday next.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till Monday
next, at 3 o'clock in the afternoon.
Monday, the 13th day of February, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon the Colonial Secretary in the Chair as Presiding Member.
The Hon. the Treasurer and the Hon. Mr. Holbrook absent on leave; all the other
Members present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the second reading of the Bankruptcy Bill,
On the motion of the Hon. the Attorney General,
Ordered, That the said Bill be read the second time on Thursday next.
On the Orderof the day being read for the third reading of the Gold Export Duty Bill,
The Hon. Mr. Ball moved the re-committal of the Bill.
On the question being put the Council divided.
Ayes 7, Noes 4.
So it was Resolved in the affirmative and Ordered accordingly.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
some amendments.
On the motion for the third reading made by the Hon. the Attorney .General,
The Council divided.
Ayes 7, Noes 4. '*  't^TT *>■£',
So it was Resolved in the affirmative and Ordered that the Bill be now read
the third time.
Read the third time accordingly, and Resolved that this Bill do pass, and that
its title be "The Gold Export Ordinance, 1865."
A Message from His Excellency the Governor, which being read is as follows:
Message No. 9.
Frederick Seymour.
The Governor lays before the Legislative Council a petition presented to him
against the Bill now before the Council for regulating the width of tires upon
the public roads.
Government House,
12>th February, 1865.
On the Order of the day being read for the third reading of the Trustees' Relief Bill,
Ordered that the said Bill be now read the third time.
] Read the third time accordingly, and Resolved that this Bill do pass, and its
title be "The Trustees' Relief Ordinance, 1865."
On the Order of the day being read for the first reading of the Customs Amendment
Ordered that the said Bill be now read first time.
Read first time accordingly.
Ordered that the same be read the second time to-morrow.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 3 o'clock
to-morrow afternoon. 28° VICTORIA.
15th FEBRUARY
Tuesday, the 14th day of February, 1865
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. the Treasurer and the Hon. Mr. Holbrook absent on leave; all the
other Members present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the second reading of the Customs Amendment Bill,
Ordered that the said Bill be read second time.
Read second time accordingly.
On the motion of the Hon. the Attorney General.
Ordered, That the same Bill be committed at once.
The Council resolved itself into the said Committee.
if#l ->The Presiding Member left the Chair.
The Hon. Mr. Moberly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the said Bill be read third time to-morrow.
Then, on the motion of the Hon. Mr. Elliott, the Council adjourned till to-morrow,
at 1 o'clock in the afternoon.
Wednesday, the 15th day of February, 1865
The Council met at 1 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. the Treasurer and the Hon. Mr. Holbrook absent on leave; all the other
Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Moberlv gave a notice of motion.
*/     CD
On the Order of the day being read for the committal of the Pounds Bill,
Ordered that the same be placed on the Order of the day for to-morrow.
On the Order of the clay being read for the third reading of the Customs Amendment Bill,
On the motion of the Hon. Mr. Homer,
Ordered, That the said Bill be re-committed.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported an amendment made to tne
Schedule of the Bill.
Ordered that the said Bill be now read the third time. #m
Read the third time accordingly, and Eesolved that this Bill do pass, and its
title be "The Customs Amendment Ordinance, 1865."
On the Order of the day being read for the further Committal of the Gold Fields
BThe Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair. 6th FEBRUARY
The Hon. Mr. Cornwall in the (hair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again presently.
Ordered that leave be granted.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 10.
Fredbbick Seymour. .   xr
The Governor acquaints the Legislative Council that he has assented, m .tier
Majesty's name, to an Ordinance entitled "An Ordinance to amend the Duties
of Customs."
Government House,
15ih February, 1865.
On the motion of the Hon. the Attorney General,
l?he Council again resolved itself into Committee of the whole on the Gold
Fields Bill.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee;
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
On the motion of the Hon. the Attorney General for adjournment,
The Council divided.
Ayes 5, Noes 4.
So it was Resolved in the affirmative, and the Council adjourned till Thursday
the 16th, at 3 o'clock in the afternoon.
Thursday, the 16th day of February, 1865
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer and the Hon. Mr. Walkem absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 11.
Fredbbick Seymour.
n compliance with the request of the Legislative Council, the Governor forwards £ Return of the amount of Road Tolls collected during the year 1864, on
the road from Douglas to Lillooet, and the sum expended on such road during
the same time; also a Return of the amount of Road Tolls collected on the
road from Yale to Lytton, with the sum expended for the same period on such
(jfovenvjienl House*
WiA February* 1865.
he Hod. Mr. Holbrook presented and read a petition from certain Merchants and
Traders, praying against goods crossing the Southern Boundary being exempted
from Road lolls.
Ordered that the said Petition be considered to-morrow. 28° VICTORLE.
17th FEBRUARY.
On the Order of the day being read therefor, and on the motion of the Hon. Mr.
Holbrook, the Hon. Mr. Moberly seconding,
It was Resolved That this Council recommend that His Excellency be pleased
to comply with the' 'petition from the inhabitants of Douglas, for tne improvement of the Slough from Harrison Lake to Douglas Lake, and grant a sum of
money sufficient for that purpose.
On the Order of the day being read therefor, and on the motion of the Hon. Mr.
•   Moberly, the Hon. Mr. Holbrook seconding,
It was Resolved, on a division of the Council, Ayes 7, Noes 3,
That His Excellency be respectfully requested to impose a small toll on all
goods, merchandize, animals, and carriages passing over the Waggon Road
between Quesnelmouth and Williams Creek, so soon as that (road is completed,
and that the monies derived from the above Tolls be expended in keeping that
road in repair. Also, that if the above tolls are imposed that the proposed
Waggon Tire Ordinance be withdrawn.
oo
On the motion of the Hon. the Colonial Secretary,
Ordered, That the further Committal of the Gold Fields Bill, standing next
on the Order of the day, be transferred to the Order of the day for to-morrow.
On the Order of the day being read for the committal of the Pounds Bill,
The Council resolved itself into a Committee of the whole on the said Bill. *
The Presiding Member left the Chair.
The Hon. the Treasurer in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, the Chairman reported progress and asked leave to sit
again.
Ordered that leave be granted for to-morrow.
Then, on tbe motion of the Hon. the Attorney General, the Council adjourned
till 3 o'clock to-morrow.
Friday, the 17th day of February, 1865
The Council met 'at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hons. the Attorney General, the Collector of Customs, and Mr. Homer absent
on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read for the consideration of the petition from the
inhabitants of Lillooet,
On the motion of the Hon. Mr. Holbrook,
Ordered that the Council do now go into Committee of the whole on the said
petition.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Moberly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman handed in a Resolution of the Committee for the adoption of the Council.
On the motion of the Hon. Mr. Cornwall, the Hon. Mr. Walkem seconding,
Resolved, That Agricultural produce in an unprepared state should pass free
of charge over the Toll Roads in this Colony; but where such produce of a
greater weight than 100 lbs. be carried over such roads then a double toll shall
be charged on the animal or animals carrying or drawing such load. *p^*
t*Zx-**
°4
A Message from
17th FEBRUARY
865
ency the Governor, which being read is as follows:
Message No. 12.
Frederick Seymour. m      \
The Governor has received the Resolution of the Legislative Council praying ^
that a Toll be imposed upon goods passing on the road between Quesnelmouth
and Williams Creek, and that the Waggon Tire Bill be withdrawn.
He lays before the Council a petition, presented to him this day, in favour of
the Waggon Tire Bill and against the proposed Toll.
Although it cannot be denied that the narrow tires now commonly in use do
an amount of detriment to the public roads, which the large amount of expenditure incurred can hardly obviate, the Governor has received earnest representations that a large and important interest, not now in the most flourishing condition, would suffer from the immediate passing of the Bill before the Council.
He complies, therefore, with the wishes of the Council and withdraws the
Jill. He trusts, however, that a knowlelge, on the part of the public, that the
Government is convinced of the correctness of the principle of the proposed
measure, and that it will probably be re-introduced at a future period, will tend
to diminish the existing private interests in favour of the narrow tire.
The Governor does not think that enough has yet been done on the road
from Quesnelmouth to Williams Creek to call for the imposition of Tolls on
goods making use of it.
Government House,
Vlth February, 1865.
On the Order of the day being read for the second reading of the Game Bill,
The Hon. the Treasurer moved that the Orders of the day be suspended for
the present to enable him to give notice that, on Monday next, he would move
the following Resolution:
That in the opinion of this Council, formed after due consideration of the
circumstances under which the Customs Amendment Ordinance became law,
and the character of the shipments it has affected, it is inexpedient to levy the
increased duties upon goods imported into this Colony by the steamer arriving
at this* port on Wednesday the 15th instant.
^hat this opinion be respectfully submitted to the Governor, with a request
that he will be pleased to direct that the difference between the duties leviable
under the old and new tariffs may be returned to any persons who apply for it.
On the motion of the Hon. the Colonial Secretary,
Ordered, That the motion in question be not. alio wed to appear en the Order
}ok.
Then, on the motion of the Hon. Mr. Holbrook,
Ordered that the Game Bill be now read second time.
Read second time accordingly.
Ordered that the same be committed on Tuesday next, the 21st instant.
On the Order of the day being read for the consideration of the petition from certain Merchants to impose Road Tolls on goods crossing the Southern Boundary
On the motion of the Hon. Mr. Holbrook,
Ordered that this Petition be considered in Committee of the whole on
truesuay next.
uieic
B
On the Order of the day being read for the further committal of the Golc
The Count-il resolved itself into the paid Committee.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
A, Tfe?11Cox2mi*teS ™8e aml *he Chairman reported some progress made wit
tne -bill and asked leave to sit again.
Ordered that leave be granted for Monday next.
Then, on the motion of the Hoi
on Mondav next.
Jrew, the Council adjourned till
> o cioc —'-If. Wh~^u
8° VICTORIA.
20th FEBRUARY.
35.
Monday, the 20th day of February, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Haynes absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 13.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance in aid of the Trustees' Relief Act."
Government House,
18th February, 1865.
A further Message from His Excellency, which being read is as follows:
Message No. 14.
Frederick Seymour.
The Governor recommends that the following amendments be made in the
Bill entitled "An Ordinance for the construction 6f a Toll Bridge across
Thompson River, at Lytton."
That in the first section the words "within a distance of twelve miles" be expunged, and the words "within a distance of five miles" be inserted in their
place.
That in the second section the words "to twelve miles above" be expunged,
and the words "to five miles above" be inserted in their place.
Government House, .
20th February, 1865.
On the motion of the Hon. the Colonial Secretary,
Ordered, That the Council do now go into Committee on the amendments
made to the said Bill by His Excellency.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the amendments made by
the Governor assented to without alteration.
Ordered that the Governor be acquainted that the Council has agreed to the
amendments made by His Excellency to the Bill entitled "An Ordinance for
' the construction of a Toll Bridge across the Thompson River, at Lytton."
The Chairman of the Select Committee on Immigration stated that he was prepared
to hand in the Report of the Committee, whenever the Council were prepared
to receive it.
Ordered that the Report of the said Committee be received to-morrow.
On the Order of the day being read for the second reading of the Bankruptcy Bill,
Ordered that the said Bill be now read second time.
Read second time accordingly.
Ordered that the same ba committed on Tuesday next.
On the Order of the day being read for the further Committal of the Gold Fields
Bill,
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
I
**s 21st FEBRUARY.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
f
Then, on the motion of the Hon. Mr. Brew, the Council adjourned till to-morrow
at 1 o'clock in the afternoon.
Tuesday, the 21st day of February, 1865,
The Council met at 1 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
All the Members were present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read therefor,
The Council resolved itself into a Committee of the whole on the Game Bill,
The Presiding Member left the Chair.
The Hon. Mr. Haynes in the Chair of the Committee.
Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the said Bill be read third time to-morrow.
On the Order of the day being read for the consideration, in Committee of the whole,
of a petition from certain merchants and traders that the Road Tolls be
charged on goods coming into the Colony by the Southern Boundary,
The Hon. the Attorney General moved that the Council do now go into
Committee of the whole on the Gold Bill.
On the question being put the Council divided.
Ayes 5, Noes 8.
So it passed in the negative, and Ordered that the Council resolve itself into
Committee of the whole on the said petition.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose without making any Report.
On the Order of the day being read therefor,
v CD 7
The Hon. Mr. Ball, from the Select Committee appointed to draw up a Report on the subject of Free and Assisted Emigration, brought up the same. *
Ordered to be read by the Clerk.
Read accordinglv. •
Ordered that the said Report be printed and laid on the table.
On the Order of the day being read therefor,
v CD 7
The Council resolved itself into a Committee of the whole on the Gold Fields
Bill.
The Presiding Member left the Chair.
The I[on. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported some progress made with
the Bill and asked leave to sit again.
Ordered that leave be granted for to-morrow.
On the Order of the day being read therefor,
The Council resolved itself into a Committee of the wtole on the Pounds Bill
Ihe Presiding Member left the Chair.
The Hon. the Treasurer in the Chair of the Committee.
* See Appendix. B. 28b VICTORIA,
22nd FEBRUARY
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported that no progress had been
made with the Bill but asked leave to sit again.
Ordered that leave be granted for to-morrow.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 1 o'clock
to-morrow afternoon.
Wednesday, the 22nd day of February, 1865.
The Council met at 1 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
All the Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No 15.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her'
Majesty's name, to the undermentioned Ordinances:
"An Ordinance to encourage the construction of a line of Telegraph connecting the Telegraphs of British Columbia with the Telegraph lines of Russia and
the United States and other countries, and for other purposes."
"An Ordinance for the construction of a Toll Bridge across Thompson River,
at Lytton."
Government House,
22nd February, 1865.
A further Message from His Excellency the Governor, which being read is as follows i
Message No. 16.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance to amend the First Telegraph
Ordinance, 1864."
Government House,
22nd February, 1865.
On the Order of the day being read for the third reading of the Game Bill,
Ordered that the said Bill be now read, the third time.
Read the third time accordingly, and Resolved that this Bill do pass, and its
title be the "Game Ordinance, 1865."
On the Order of the day being read for the further committal of the Gold Fields
Amendment Bill,
The Council resolved itself into Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, the Chairman reported some progress made with the
Bill, and asked leave to sit again.
Ordered that leave be granted for to-morrow.
On the Order of the day being read for the committal of the Pounds Bill,
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. the Treasurer in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported no progress made with the
Bill and asked leave to sit again.
fei&u& 24th FEBRUARY.
Ordered that leave be granted for to-morrow.
Then, on the motion of the Hon. Mr. Elliott, the Council adjourned ti
in the afternoon to-morrow.
3 o'clock
Thursday, the 23rd day of February, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Haynes absent on leave; all the other Members present.
The minutes of the previous Meeting were read over and confirmed.
The Hon. the Colonial Secretary acquainted the Council that he would, on Thursday
next the 2nd March, introduce the Estimates for the present year.
On the Order of the day being read for the committal of the Bankruptcy Bill,
Ordered that the Gold Bill be first considered in Committee.
The Council resolved itself into a Committee of the whole on the Gold Fields
Bill.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for Thursday next, the 2nd March.
CD v '
On the Order of the day being read for the committal of the Bankruptcy Bill,
Ordered that the Council do now go into Committee of the whole on the said
Bill.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted at some future day to be named.
CD %J
On the motion of the Hon. Mr. Walkem,
Ordered that the Bankruptcy Bill be referred to a Select Committee, to be
named by the Presiding Member.
The following Members were appointed to form the said Committee:  The
lions, the Attorney General, Mr. Elliott, Mr. Cornwall, Mr. Walkem.
On the Order of the day being read for the further consideration of the Pounds Bill
The Hon. Mr. Cornwall asked leave to withdraw the said Bill.
Ordered that leave be granted.
Bill withdrawn accordingly.
On the Hon. Mr. O'Reilly moving the adjournment,
The Hon. Mr. Homer moved that the Standing Orders be suspended in order
to allow the consideration of the Immigration Committee Report to be put on
the Order Book for to-morrow.
Ordered that the Standing Orders be suspended for that purpose.
The Council then adjourned till 3 o'clock to-morrow afternoon.
Friday, the 24th day of February, 1865
The Council met at 3 o'clock, pursuant to adjournment
The Hon. the Colonial Secretary in the Chair as Presiding Member.
5^^ 28° VICTORIA.
6th march.
The Hon. Mr. Haynes absent on leave; all the other Members present.
The Minutes of the previous Meeting were read over and confirmed*
The Hon. Mr. Elliott presented a petition from the Rev. Lundin Brown.
Ordered to be read.   Read accordingly.
Ordered that the same be laid on the table.
The Hon. Mr. Holbrook gave notice of motion
The Hon. Mr. Moberly moved the following Resolution:
That the Government be respectfully requested to appropriate a sum of money to be expended in opening some pack trails through the interior of the
Colony, by such lines as may be most advantageous and practicable, to enable
miners to prospect that section of the Country extending from the most northerly point of the Columbia River to the head waters of the North Thompson
River, from Cariboo to the same point, and from thence via Tete Jaune Cache
to the valley of Peace River.
After some discussion the Hon. mover asked leave to withdraw the motion.
Ordered that leave be granted.
Motion withdrawn accordingly.
On the Order of the day being read for the consideration of the Report of the Select
Committee on Immigration,
On the motion of the Hon. the Attorney General,
Ordered that the said Report be received and the Committee discharged.
Then, on the motion of the Hon. the Attorney General,
Ordered that the Council do now go into Committee of the whole to consider
the Report.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported that the Committee had resolved on the adoption of the said Report.
On the motion of the Hon. the Attorney General,
Ordered that this Council recommend the adoption of the Resolution of the
Committee, and that the Report be transmitted to the Governor.
Then, on the motion of the Hon. Mr. Moberly, the Council adjourned till Thursday
the 2nd March, at 3 o'clock in the afternoon.
Thursday, the 2nd March, 1865.
The Council did not meet on this day, so the Council stood adjourned sine die.
Monday, the 6th day of March, 1865.
The Council met at 1 o'clock, pursuant to the following Proclamation:
i FREDERICK SEYMOUR. |*
PROCLAMATION.     |
Whereas, the Legislative Council of this Colony stands adjourned without any time
fixed for re-assembling, I, Frederick Seymour, do, by virtue of the powersi m
me in that behalf vested, call upon the said Legislative Council to meet tor tne
dispatch of business on Monday the 6th instant, at one o'clock, p.m.
By Command,
Government Home, Abthvb *• BlRCfl'
Zrd March, 1865.
r «df 40
3TH
MARCH
1865
The Hon the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 17.
Frederick Seymour .
The Governor acquaints the Legislative Council that he proposes to assent,
in Her Majesty's name, on the 15th day of March, to a Bill entitled "An Ordinance to prohibit the unseasonable destruction of Game."
Government House,
25th February, 1865.
The Hon. Mr. Holbrook moved, the Hon. Mr. Moberly seconding,
That the Government be asked to lay before the Council a Bill to enable
Spirits manufactured in the Colony to be exported in Bond, also to regulate
the Excise Duty on such Spirits, and to permit them to be bonded for exportation or otherwise in the present bonded wharehouses.
On the question being put it was carried unanimously, and Resolved accordingly.
The Hon. Mr. Holbrook gave notice of 2 motions.
CD
According to Order, the Council resolved itself into a Committee of the whole for
the further consideration of the Gold Fields Bill.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
many amendments and additions.
Ordered that the said Bill be read third time this day week.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 18.
Frederick Seymour.
The Bill entitled "An Ordinance to establish a Decimal system of Accounts
in the Colony of British Columbia," containing a clause reserving its operation
until the Queen's pleasure be known. The Governor has now assented to it,
in Her Maiesty's name.
Government House,
4th[ March, 1865.
A further Message from His Excellency, which being read is as follows:
Message No. 19.
Frederick Seymour.
Owing to the imperfect nature of the information brought before the late
Council, a grant was taken for the Hospital at Williams Creek so small as to
be immediately absorbed in the incomplete liquidation of the then existing debt.
Assistance from the Government in excess of this grant has been found indispensable, but the Governor would not, without the consent of the Legislative
Council, undertake to pay the outstanding liabilities of the Board of Management. **
The Governor recommends that, in addition to the amount placed in the Estimates for the Hospital in question, the following sums be likewise voted by
the Council, so that the institution may commence with the spring in a more
satisfactory condition. The Governor learns that exertions have been made on
Williams Creek during the winter to raise funds for the support of the Hospital.
The sum due by the Williams Creek Hospital, to the 81st October inclusive,
as shewn by Committee appointed to audit the accounts amounted to: ^r^
^
\il
28° VICTORIA.
th MARCH.
41
Expenditure for the months of November and December, as returned
by Mr. Cox  ..     $420
Assumed Expenditure for January     210
Do. Do. February     210
Total amount due to 28th February, 1865 $3,040
or, £626 16s.'Id.
Government House,
6th March, 1865.
The Estimates were then introduced, according to Order.
On the motion of the Hon. the Colonial Secretary,
The Council resolved itself into a Committee of Supply.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
Then, on the motion of the Hon. Mr. Elliott, the Council adjourned till Tuesday
the 7th instant, at 3 o'clock in the afternoon
Tuesday, the 7th March, 1865.
The Council'met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; all the other Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Holbrook presented a petition from certain inhabitants of New West-
minster.
Ordered that the same be received.
The Hon. Mr. Holbrook gave notice of 3 motions.
CD
The Hon. Mr. Cornwall gave notice of motion*
The Hon. Mr. Moberly gave notice of motion.
The Hon. Mr. Brew gave notice of motion.
The Hon. Mr. Holbrook moved, the Hon. Mr. Moberly seconding,
That owing to the decided progress that has taken place in the Colony, and
to the increased responsibilities that have therefore devolved on the head of the
Executive, be it resolved by this Council that the Salary of the Governor be increased £1,000, and that His Excellency be respectfully requested to send down
an Ordinance to enable us to pass this amount and place the same on the
Estimates.
On the question being put it was carried unanimously, and Resolved accordingly.
According to Order, the Council resolved itself into a Committee of Supply.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
The Hon. the Attorney General moved that this Council do now adjourn till 3
o'clock, i\ m., to-morrow. 42 8th MARCH. 1865
The Hon. the Treasurer moved in amendment that this^Counciljlo adjourn
till 1 o'clock p. m. to-morrow.
On the amendment being put the Council divided.
Ayes 8, Noes 4.
So it was Resolved in the affirmative and Ordered accordingly.
Wednesday, the 8th day of March, 1865.
The Council met at 1 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Cha:r as Presiding Member.
The Hon. Mr. Homer absent on leave; All other Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Cornwall gave notice of 2 motions.
The Hon. Mr. Moberly gave notice of motion.
The Hon. Mr. Elliott gave notice of motion.
The Hon. Mr. Walkem gave notice of 2 motions.
The Hon. Mr. Holbrook gave notice of 2 motions.
On the Order of the day being read therefor,
The Hon. Mr. Holbrook asked leave to bring in a Bill for placing a tax on
unoccupied lands.
On the question being put the Council divided.
Ayes 4, Noes 8.
So it passed in the negative, and was Ordered accordingly.
The Hon. Mr. Holbrook asked leave to withdraw the motion standing on the Order
CD
Book for the day.
Ordered that leave be granted.
Motion withdrawn accordingly.
According to Order* the Councill resolved itself into a Cotoiiittee of Supply.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported that the Committee had
Resolved on voting a Supply of £225,946 12s. 8d., and handed in several Resolutions for the consideration of the Council.
It was then Resolved That the Council be recommended to grant a supply of
£225,946 12s. 8d. for the year 1865.
The following Resolutions from the Committee" of Supply were adopted by the
Council:
Resolved That a respectful Address be presented to His Excellency asking
that provision be made for the following Expenditure by a Supplementary Estimate, the same having been recommended by the Committee of Supply, and
such recommendation having been adopted in Council.
Road from Cottonwood to Williams Creek,   £10,000 in addition
Cariboo Hospital  500
Kootenay Hospital  500
Government Buildings, Yale     900
.Department ot Governor.
Messenger, Salary   20
)epartment of Colonial Secretary.
3rd Clerk, Salary     50
Messenger    „  20
department of Treasurer.
2nd Clerk, Salary  50
3rd Clerk,     „         ''^^^^^'^^^: 50
4th Clerk,     „          «n         " 28° VICTORIA
10th MARCH
Department of Lands and Works.
Messenger, Salary    £ 20 in addition,
Postmaster General's Department.
Postmaster General, Salary      100
New Westminster Jail.
Medical attendant, Salary      100
Customs Department.
2nd Clerk, Salary          50
Revenue Officer         50
Legislative Council.
Messenger           20
O  ajv/ mt,
Magistrate, Lytton, Allowance           50 |
„ Lillooet?        I         50 „
I Osoyoos        I       100 I
Resolved That His Excellency be respectfully requested to allow the Acting
Registrar of the Supreme Court to receive the full Salary, namely £400, during
the time he holds the Office.
Resolved That it is recommended to His Excellency that the Constables be
paid at Kootenay at the same r-:te as those at Cariboo.
Then, on the motion of the Hon. Mr. Brew, the Council adjourned till Friday, at
3 o'clock in the afternoon.
Friday, the 10th day of March, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Messrs. Hamley, Brew, Elliott, Homer, Holbrook, and Walkem absent
on leave; Hon. Mr. Haynes absent without leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No 20.
Frederick Seymour.
The Governor lays before the Legislative Council an abstract of the tenders
«/ CD # . ,
which have been received for the conveyance of the Mails m the interior.
The Governor considers all the tenders high, and suggests that a Committee
of the Honourable Council should be appointed to consider the whole question
of inland postal communication, and the rates of postage. He thinks sixpence
a letter from New Westminster to Barkerville too low when the inhabitants of
Richfield and Camerontown willingly pay an extra shilling for its conveyance to
their local Post Offices.
The Governor suggests for the consideration of the Council whether the
mails might not be carried as cheaply and more expeditiously in light mail
carts by the Government.
Government House,
10th March, 1865.
In accordance with the above message, the Hon. the Presiding Member
named the Hon. Messrs. Ball, Cornwall, Walkem, and Moberly to form a Select
Committee to examine into and report on, at an early date, Postal matters generally.
The Hon. Mr. Cornwall gave notice of motion.
The Hon. the Attorney General gave notice of motion.
Then, on the motion of the Hon. Mr. OrReilly, the Council adjourned till Monday
the 13th instant, at 3 o'clock in the afternoon.
rs 13th MARCH.
1865
Monday, the 13th day of March, 1865,
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hons. Messrs. Brew and Homer absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. the Attorney General introduced the Harbour Dues Bill.
Ordered to be read the first time later in the day.
The Hon. Mr. Elliott gave notice of motion.
The Hon. Mr. Holbrook gave notice of motion.
According to Order, the Hon. Mr. Elliott asked leave to bring in Indian Liquor BilL
Ordered that leave be granted and that the Bill be now read the first time.
Read the first time accordingly, and Ordered to be read the 2nd time on
Friday next.
On the Order of the day being read for the third reading of the Gold Fields
Amendment Bill,
Ordered that the said Bill be now read the third time.
Read the third time accordingly, and Resolved that this Bill do pass, and its
title be the "Gold Mining Ordinance, 1865."
According to Order, the Hon. Mr. Cornwall brought before the notice of the Council the servides of Donald McLean, who fell during the Indian outbreak of the
past year, with a view to some provision being made by the Colony for his
widow and children, and moved the following Resolution:
That this Council being fully impressed with the important services rendered
on several occasions by the late Donald McLean, who fell while in the service
of his Country, would respectfully ask his Excellency to make such provision
for the widow and children of the deceased as he may think fitting.
On the question being put it was carried unanimously, and Resolvea&ccoY&mgly.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 21.
Frederick Seymour.
The Governor acquaints the Legislative Council that on account of the inclemency of the weather he purposes to defer assenting, until the first of April,
to the Bill entitled "An Ordinance to prohibit the unseasonable destruction of
Game."
Government House,
Uth March, 1865.
A further Message from His Excellency, which being read is as follows:
Message No. 22.
Frederick Seymour.
The Governor lays before the* Legislative Council a Bill entitled "An Ordinance to apply the sum of Two hundred and/twenty-five thousand nine hundred
and forty-six pounds, twelve shillings, and eight pence sterling out of the General Revenue of the Colony of British Columbia and its Dependencies to the
service of the year One thousand eight hundred and sixty-five.
Government House,
ISth March, 1865.
Ordered that the said Bill be read the first time presently.
The Hon. the Attorney General asked leave to introduce a Bill for regulating the
Registration of Births, Deaths, and Marriages.
Ordered that leave be granted and that the said Bill be now read the first time.
Read first time accordingly.
Ordered that the same be read the second time on Friday next 28° VECTORISE.
14th MARCH
Pursuant to the Order of the day, the Hon. the Attorney General introduced Harbour Regulation Bill, Municipalities Bill, Excise Amendment Bill, Harbour Due
Amendment Bill.
Ordered that the said Bills be now read first time.
Read first time accordingly.
Ordered that they be read second time as follows:—Harbour Regulation Bill
on Friday next, Municipalities Bill to-morrow, Excise Amendment Bill tomorrow, Harbour Dues Amendment Bill at once.
The last named Bill was read the second time accordingly, and Ordered to be
committed forthwith.
•
The Council resolved itself into Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the said Bill be read third time to-morrow.
According to Order, the Bill of Supply was read the first time.
Ordered that the same be read the second time and committed forthwith.
Read second time accordingly.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. O'Reilly in the Chair of the Committee.
The Presiding Member resumell the Chair.
The Committee rose and the Chairman reported the Bill gone through without amendments.
Ordered that the same be read the third time to-morrow.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till to-morrow, at 3 o'clock in the afternoon.
i
Tuesday, the 14th day of March, 1865,
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Messrs. Brew and Homer absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Holbrook presented a petition from numerous merchants, traders,
and miners of the Colony, praying the Council to take some decided steps to
express their opinion against Union with the neighbouring Colony of Vancouver Island.j
Ordered that the same be received and laid on the table.
Then, on the motion of the Hon. Mr. Holbrook,
Ordered that the said petition be considered on Monday next, the 20th instant.
The Hon. Mr. Walkem gave notice of motion.
On the Order of the day being read for the consideration of the Hon. Mr. Holbrook's
motion standing next on such order.
Ordered that the consideration thereof be postponed.
Pursuant to the Order of the day, the Hon. Mr. Walkem moved the following Resolution, the Hon. Mr. Cornwall seconding,
Resolved That His Excellency be respectfully requested to impress on Her
Majesty's Government the hardship of compelling this Colony to pay the sum
of £10,760 16s. 7d. for the erection of the buildings at the Camp, lately occupied by the Royal Engineers, as the same should be strictly an Imperial charge, 17th MARC
1865
and this Council respectfully but strongly urges upon His Excellency s attention the great injustice of compelling this Colony to pay the charge about to be
imposed, as the buildings referred to are positively useless to the Colony. This
Resolution, the Council would respectfully inform His Excellency, is in a short
form, the embodiment of numerous public petitions, which would flow in to
the same effect were it not generally believed that the present Resolution would
be passed and acted upon. One petition from the inhabitants of New Westminster accompanies this Resolution.
On the question being put it was carried unanimously, and Resolved accord
ingly.
ie
On the Order of the day being read therefor, the Municipalities Bill was read tl
\J CD
second time.
Ordered that the said Bill be committed forthwith.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose Smcl the Chairman reported the Bill gone through with
trifling amendments.
Ordered that the said Bill be read the third time on Friday next.
On the Order of the day being read therefor, the Excise Bill was read second time.
Ordered to be committed forthwith.
The Council resolved itself into a Committee of the whole on the said Bill,
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and reported no progress made with the Bill and asked
leave to sit again.
Ordered that leave be granted for Friday next.
On the Order of the day being read therefor,
The Harbour Dues Amendment Bill was read the third time, and it was
Resolved, That this Bill do pass, and that its title be "The Harbour Dues
Amendment Ordinance, 1865."
On the Order of the day being read therefor,
ie Bill of Supply was read the third time, and it was Resolved, That this
Bill do pass, and that its title be "An Ordinance to apply the sum of Two hundred and twenty-five thousand nine hundred and forty-six pounds, twelve shillings, and eight pence, sterling, out of the General Revenue of the Colony of
British Columbia and its Dependencies, to the service of the year One thousand eight hundred and sixty-five."
Then, on the motion of the Hon. the Treasurer the Council adjourned till Friday,
the 17th instant, at 2 o'clock in the afternoon.
Friday, the 17th day of March, 1865.
The Council met at 2 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
i'he Hon. Mr. Homer absent on leave; all other Members present.
!'he Minutes of the previous Meeting were read over and confirmed.
•om IIU Kxcellency the Governor, which being read is as follows:
Message No. 23.
REDE tICK SEYMOUR.
he Governor will forward to the Secretary of State, with an expression of 28° VICTORIES,
17th MARCH
47
his own opinion in concurrence with the Resolution of the Legislative Council
requesting to be relieved from the payment, to the Imperial Treasury, of the amount
claimed for the buildings at the Engineers' Camp.
Government House,
16th March, 1865.
A further Message from His Excellency the Governor, which being read is as follows:
Message No. 24.
I rederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance to apply the sum of Two hundred and twenty-five thousand nine hundred and forty-six pounds, twelve shillings, and eight pence sterling, out of the General Revenue of the Colony of
British Columbia and its Dependencies, to the service of the year One thousand
eight hundred and sixty-five."
Government House,
11th March. 1865.
A further Message from His Excellency, which being read is as follows:
Message No. 25.
Frederick Seymour.
The Governor has received, with much satisfaction, the Resolution of the
Legislative Council requesting that he would make some provision for the
widow and children of the late Donald McLean, who fell in the service of his
Country.
The last words uttered by Donald McLean to the Governor conveyed the assurance that no danger or difficulty would deter him from using his utmost ef-
forts to secure the objects the Expeditions sent into the Chilicoten Country
had in view, an assurance but too well fulfilled.
To meet the wishes of the Legislative Council, the Governor proposes to give
Mrs. McLean a pension at the rate of One hundred pounds a year, for the term
of five years.
Government House,
nth March,, 1865.
According to Order, the Hon. Mr. Elliott asked leave to bring in the Supreme
Court Fees Bill.
Ordered that leave be granted, and that the Bill be now read the first time.
Read the first time accordingly.
Ordered that the said Bill be read the second time on Monday next.
On the Order of the day being read therefor, the Indian Liquor Bill was read the
second time.
Ordered that the same be committed on Wednesday next.
On the Order of the day being read for the second reading of the Births, Deaths, and
Marriages Bill.
On the motion of the Hon. Mr. Brew,
Ordered that the second reading of this Bill be postponed until the Marriages Bill be printed.
On the Order of the day being read therefor, the Land Bill was read first time.^
Ordered that the said Bill be read the second time on Thursday the 23rd inst.
On the Order of the day being read therefor, the Marriages Bill was read first time.
Ordered that the said Bill be read second time on Tuesday next.
On the Order of the day being read therefor, the Municipalities Bill was read the
third time, HB   , I   ^    ,    ,i     ,t> tl
And it was Resolved that this Bill do pass and that its title be the "Borough
Ordinance, 1865."
BSm0«3 w-
17th MARCH.
1865
Order of the day being read for the committal of the Excise Bill,
Fhe Council resolved into a Committee of the whole on the said Bi
On the C
T
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered that this Bill be read the third time on Monday next.
A further Message from His Excellency the Governor, which being read is as follows:
Message No. 26.
Frederick Seymour.
The Governor has received the Resolutions of the Legislative Council, dated
respectively the 7th and 8th instant. The first proposing to increase the salary
attached to the office of Governor; the second recommending that certain sums
should be inserted in the Supplementary Estimates, as augmentations to grants
for Public Works and increase of stipends of Public Officers.
The Governor will give his earnest consideration to these expressions of the
wishes of the Council.
Experience has shewn it to be undesirable that Executive Officers should be
under obligation to a Legislative Body for emoluments not specially recommended in the first instauce by the Crown or its representative. When the
people of this Colony shall be invited to take a more direct part in the administration of its affairs, the principle will probably be laid down that no such
^prants can originate with the popular branch of the Legislature.
At present the Governor is willing to believe that thW&tappog&d claims to additions of pay appeared to the Council to have been w@M^ked by the Governor,
and were voted entirely without the solicitation of the Public Servants in whose
favour they were made. He will, therefore, careful ly #&fa%M£tf^Mther the Officers
in question may, from a Government point of view, life S^fffisfA Entitled to the increased emoluments. Should he be induced to regard their claims favourably
he will avail himself of the authority granted bv th€?tD65S8cil.
J    CD J
Acting on the principle he has just enunciate^, the Governor must decline
to receive any addition to his salary without the approval of his own1 Superior
Officer. He will forward to Her Majesty's Secretary of State the Resolution
of the 7th March, together with an exposition of the financial condition and
prospects of the Colony, before he can allow himself to profit by the gtenerous
intentions of the Legislative Council.
Government House,
nth March, 1865.
On the Order of the day being read for the second reading of the Harbour Regulations
Bi
Ordered that the said Bill be read the second time, and committed at once.
Read second time accordingly.
The Council resolved itself into the said Committee.
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered that the said Bill be read third time on Tuesday next.
On the motion of the Hon. Mr. Walkem
Ordered that the standing Orders be suspended in order to allow him to pi
a notice on the Order Book for Monday.
Notice of motion given accordingly.
tee
Then, on the motion of the Hon. Mr. Elliott, the Council adjournec
the 20th instant, at 3 o'clock in the afternoon.
ui
M
ouaav 28° VICTORIES.
21st MARCH.
Monday, the 20th day of March, 1865.
The Council met at 3 o'clock, pursuant to adjournment
The Hon the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
^ £ Message No. 27.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty s name, to a Bill entitled "An Ordinance to amend the Dues leyiable at
the Port of New Westminster."
Government House.
18th March, 1865.
On the Order of the day being read for the consideration of the petition against
Union with Vancouver Island,
The Hon. Mr. Moberly moved, the Hon. the Colonial Secretary seconding,
That the consideration of this petition be deferred until Thursday week, the
30th instant.
On the question being put it was carried unanimously and Ordered accordingly.
On the Order of the day being read therefor, the Hon. Mr. Walkem asked leave to
bring in Imprisonment for Debt Bill.
Ordered that leave be granted, and that the said Bill be now read the first
time.
Read first time accordingly.
O  J
Ordered to be read the second time on Wednesday next.
On the Order of the day being read for the second reading of the Supreme Court
Fees Bill,
The Hon. Mr. Elliott moved that the Bill be now read the second time, and
referred to a Select Committee.
On the qustion being put a debate arose and the Council divided.
Ayes 8, Noes 3,
So it was Resolved in the affirmative and Ordered that the Hon. Messrs. Brew,
Walkem, Ball, O'Reilly, and Elliott do form the said Committee.
On the Order of the day being read therefor, the Excise Bill was read the third time,
and it was Resolved that this Bill do pass, and that its title be "The Distillers'
Ordinance, 1865."
According to Order, the Hon. Mr. Walkem asked leave to bring in Vice-Admiralty
Practice Bill.
Ordered that leave be granted, and that the said Bill be now read first time.
Read first time accordingly.
Ordered to be read second time on Friday next.
Then, on the motion of the Hon. Mr. Ball, the Council adjourned till Tuesday the
21st instant, at 3 o'clock in the afternoon.
Tuesday, the 21st day of March, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member
r-  «A 22nd MARC If.
1865
At a quarter past 3 o'clock, there being no quorum present, the Hon. the Presiding
Member adjourned the Council till 2 o'clock to-morrow afternoon, without a
question first put.
Wednesday the 22nd day of March, 1865
The Council met at 2 o'clock in the afternoon, pursuant to adjournment
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; all other Members present.
The Minutes of the two previous Meetings were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 28.
Frederick Seymour.
The Governor acquaints the Legislative. Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance for. the formation and regulation of Municipalities in British Columbia.
Government House,
22nd March, 1865.
A further Message from His Excellency, which being read is as follows:
Message Xo. 29.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has ass*febted, in Her
Majesty's name, to a Bill entitled "An Ordinance to amend the Excise. Act,
1861."
Government House,
22nd March, 1865.
A further Message from His Excellency, which being_read i&iius fallows:
Mesiiagb No. 30.
Frederick Seymour.
The inclemency of the weather having probably detained within the Colony
a considerable quantity of gold, raised previous to the knowledge of the miner
of the intention of the Legislature to impose an export duty on gold, the Governor recommends that the following alterations may be made m the \Y\\\ entitled "An Ordinance for imposing a duty on Gold":
That the word "first," standing the fifth in the second clause, be struck out,
and the word "fifteenth" be inserted in its place.
Government House,
22nd March* 1865.
Ordered that the Council consider His Excellency's Message in Committee
presently.
On the Order of the day being read therefor,
  ' ~>t
tl
1865.
The Harbour Regulation Bill was read third time, and it was Resolved that
ais Bilfdo pass, and that its title be "The Harbour Regulation Ordinance,
On the Order of the day being read for the committal of the Indian Liquor Bill,
The Council resolved into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Walkem in tbe Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the said Bill be read the third time on Friday next 28° VICTORIA
24th March
On the Order of the day being read therefor, the Vice. Admiralty Practice Bill was
read the second time.
Ordered that the said Bill be committed forthwith.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through
with amendments.
Ordered that the said Bill be read the third time on Friday next.
According to Order, the Council resolved itself into a Committee of the wrhole to
consider His Excellency's Message No. 30.
«/ CD
The Presiding Member left the Chair.
The Hon. Mr. Cornwall in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported no progress made but asked leave to sit again.
Ordered that leave be granted for Friday.
Then, on the motion of the Hon. the Attorney General, the Council adjourned until
3 o'clock in the afternoon of-Friday next.
1
Friday, the 24th day of March, 1865
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. the Attorney General, and the Hon. Messrs. Brew, Homer, and Cornwall
absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
On the Order of the day being read therefor, the Imprisonment for Debt Bill was
read the second time.
Ordered that the said Bill be committed on Monday next.
On the Order of the day being read therefor, the Indian Liquor Bill was read the
third time,
And it was Resolved that this Bill do pass and that its title be the "Indian
Liquor Ordinance, 1865."
On the  Order of  the  day being read therefor, the Vice Admiralty Court Bill
was read the third time,
And it was Resolved that the said Bill do pass, and that its title be the "Vice
Admiralty Court Ordinance, 1865."
On the Order of the day heing read for the consideration, in Committee, of His Excellency's message JN~o. 30,
And on the question being put That I do leave the chair,
The Hon. Mr. Walkem moved as amendment that all words$e struck out
after the word "That," and that the following be substituted:
His Excellency be respectfully requested to reconsider his Message JNo. dU,
to this Council, suggesting a change of date in the Cold Export Duty Ordinance-
from the 1st to the 15th of April, as it is respectfully submitted by the Council
d in the Ordinance may act mimically to
parties likely to be benefitted by the change proposed.
Ou the amendment being.put it was carried ncm. con., and Eesolved accordingly.
I A 52
27th MARCH
186L
The Council then adjourned during pleasure.
On the Council resuming its sitting, the following Message from His Excellency
the Governor was read:
Message No. 61.
Frederick Seymour. m     M .       . .   —^
The Governor lays before the Legislative Council a Petition signed in Victoria by 321 persons, against the Customs Act of this Session.   He adds a copy
of the reply which he has made to the Petitioners.*
Government House,
Mth March; 1865.
Then, on the motion of the Hon. Mr. Walkem, the'Council adjourned till Monday
afternoon at 2 o'clock.
Monday, the 27th day of March, 1865.
The Council met at 2 o'clock, pursuant to adjournment
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr.Homer and the Hon. Mr. Cornwall absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message Ao. 61.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance for imposing a duty on
Gold."
Government House,
25th March, 1865.
The Hon. the Attorney General gave notice that he would, to-morrow, introduce
the following Bills:—Tolls and Duties Exemption Bill; Indian Graves Bill.
On the Order of the day being reacLtherefor, the Marriages Bill was read second time-
Ordered to be committed to-morrow.
On the Order of the day being read for the second reading of the Births, Deatite, and
Marriages Bill,
A debate arose.
On the question being put the Council divided-
Ayes 5, Noes 6.
So it passed in the negative, and was Ordered accordingly.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 33.
Frederick Seymour.
The Governor lays before the Legislative Council a petition, addressed to the
Governor in Council by Mr. Alfred Waddington, of victoria, praying that he
may be allowed to surrender his charter for tne making of a Road from Bute
Inlet to the Fraser, and be re-imbursed the outlay which he has incurred upon
the undertaking.
The Governor, in the Executive Council, deeply as he regretted the loss
which Mr. Waddington has sustained, or believes himself to have sustained,
by tbe interruption of his operations, was unable to see that that gentleman had
any claim upon the Government | But the Governor is willing, before finally
disposing of the petition, to lay it as requested before the Legislative Council.
Mr. "\\ addington relies, as against the Colony in his claim tor compensation*
that no protection was furnished to his road party, in return for the customs
duties he paid.   He, however, never asked for protection, and did not even in-
• * Appendices C and D. 28° VICTORIA
27th MARCH.
53*
form the Government last year of the arrival of his road party at Bute Inlet.
Had he apprehended danger he had but to arm his men, and forbid their bartering their arms and ammunition to the Indians. The Governor cannot see
how Mr. Waddington could have expected protection to be extended over his
party without solicitation, and thinks he would scarcely have approved of the
interference by the Government between the Indians and his men. The com-
. monest precautions would have saved the lives of the party who were massacred
at Bute Inlet. But no Government can undertake to anticipate and prevent
the commission of crimes in all places.
Murder may be committed in any public or private place, and society provides chiefly tor the security of its members by hunting out and punishing the
murderer, and thus deterring others from crime. Every effort has been made
by the Government of this Colony to bring the murderers of the road party to
justice.
The whole correspondence with Mr. Waddington will be produced by the
Colonial Secretary should the Legislative Council desire it.
Government House,
21th March, 1865.
A further Message from His Excellency, which being read is as follows:
Message No. 34.
Frederick Seymour.
The Governor recommends that the following amendments be made in the
Bill entitled "An Ordinance to consolidate and amend the Gold Mining Laws:"
In clause 60, line 3, that the words "<£5 for each half" be omitted, and the
words "<£2 10s. for each quarter" be substituted.
In clause 99, line 2, that the word "five" be substituted for "ten."
In clause 109, inline 7, after the word " enhanced " that the rest of the clause
be omitted.
In clause 120, line 6, that the words "but not exceeding ,£500 sterling" be
omitted.
In clause 146, line 4, that the word "simple" be omitted.
Government House,
21th March, 1865.
On the motion of the Hon. the Colonial Secretary,
The Council resolved itself into a Committee of the whole on the said proposed- amendments.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the amendments agreed to
without alteration.
Then, on the motion of the Hon. the Colonial Secretary,
Resolved, That His Excellency be respectfully acquainted that the amend-
mendments proposed by him to the Gold Mining Bill had been agreed to without any alteration.
On the Order of the day being read for the committal of the Imprisonment for Debt
The Council resolved itself into Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. the Treasurer in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress.
Then, on the motion of the Hon. Mr. Elliott,
Ordered, That this Bill be referred to a Select Committee for Report; such
Committee to be named by the Hon. the Presiding Member.
The following Members were appointed a Select Committee, accordingly:—
The Hon. the Attorney General, the Hon. Messrs. Brew, Ball, Elliott, and
Walkem. 28tii MARCH.
186d
Then, on the motion of the Hon. the Treasui
to-morrow afternoon.
er the Council adjourned till 3 o clocK
Tuesday, the 28th March, 1865
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Messrs. Homer and Cornwall absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:  .
Message No. 35.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance to amend and consolidate
the Gold Mining Laws."
Government House,
28th March, 1865.
A further Message from His Excellency the Governor, which being read is^as follows:
Message No. 36.
Frederick Seymour.
In accordance, the Governor is led to believe, with the wishes of the Legislative Council, he has issued a Proclamation, copy of wlphah hetencloses, granting
to the informer one moiety of the amount of the seiinajtfes made underi^The
Gold Export Ordinance, 1865."*
Government House,
28th March, 1865.
The Hon. Mr. Walkem gave notice of motion.
The Hon. Mr. Holbrook gave notice of motion.
The Hon. Mr. Brew from the Select Committee appointed to report on the Supreme Court Fees Bill, brought up and read a Report.f
Ordered that the same be adopted, and that the said Bill be committed to a
Committee of the whole Council on Thursday next.
The Hon. the Attorney General brought in the Tolls Exemption Bill.
Ordered to be read the first time.
Read first time accordingly.
Ordered that the said Bill be read second time to-morrow.
The Hon. the Attorney General brought in, according to Order, the Indian Graves
Bill
Ordered that the Bill be now read the first time.
Read the first time accordingly.
Ordered that the said Bill be read the second time to-morrow.
On the Order of the day being read for the committal of the Marriages Bill
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Haynes in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
Then, on the motion of the Hon. Mr. Elliott, the Council adjourned till to-morrc
at 3 o'clock in the afternoon.
)W
* Appendix E
f Appendix F 28° VIOTOELE.
29th MARCH.
Wednesday, the 29th day of March, 1865
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Messrs. Homer and Cornwall absent on leave; all other Members present.
The Minutes of the previous Meeting were read oyer and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 37.
Frederick Seymour.
The Governor has received from the Legislative Council, a Bill entitled "An
Ordinance respecting the Vice Admiralty Court of British Columbia."
The Governor is unable to assent to this Bill, inasmuch as the powers sought
to be bestowed therein upon the Judge of the Vice-Admiralty Court in this
Colony have been reserved in the Act of the Imperial Parliament of the 26th
of Victoria, chapter 24, to Her Majesty in Council.
Government House,
29th March, 1865.
A further Message from His Excellency, which being read is as follows:
O J f CD
Message No 38.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
" Majesty's name, »to the Bill entitled "An Ordinance for the regulation of the
Harbours of British Columbia."
Government House,
29th March, 1865'.
On the motion of the Hon. Mr. Holbrook,
Ordered that the consideration of the Petition against Union with Vancouver
Island, standing on the Order of the day for to-morrow be placed on the Order
of the day for to-morrow week.
The Hon. Mr. Walkem's motion for leave to bring in Suits and Actions Limitations
Bill dropped.
The Hon. Mr. Holbrook asked leave to postpone his motion for the discussion of
Mr. Waddington's Petition.
Ordered that leave be granted to postpone the same till Friday.
On the Order of the day being read for the second reading of the Tolls Exemption
Bill,
Ordered that the same be read the second time.
Read second time accordingly.
Ordered to be committed to-morrow.
On the Order of the day being read therefor, the Indian Graves Bill was read second
time.
Ordered to be committed forthwith.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered that the same be read the third time to-morrow.
i* ~*^
i jz 36t a MAfccH.
1865
According to Order, the Council resolved itself into Committee for the further consideration of the Marriages Bill.
The Presiding Member left the Chair.
The Hon. Mr. Haynes in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be grafted for to-morrow.
CD
On the motion of the Hon. Mr. Walkem,
Ordered that the Standing Orders be suspended in order to allow the lolls
Exemption Bill to be committed.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Haynes in the Chair of the Committee.
The Presiding Member resumed the Chair.
The-Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered to be read third time to-morrow.
'Then, on the motion of the Hon. Mr. Brew, the Council adjourned till to-morrow,
at 3 o'clock in the afternoon.
Thursday, the 30th day of March, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr, Homer and Cornwall absent on leave; the Hon. MiwWalkem-jdptsent
without leave; all other Members present
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 39.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance to prohibit the sale or gift of
Intoxicating Liquor to Indians."
Government House,
2>0th March, 1865.
the Hon. the Attorney General handed in a Report from the Select Committee
appointed to consider the Bankruptcy Bill.*
The Report having been read, Ordered that the said Report be adopted.
On the Order of the day being read for the further consideration in Committee of
the Supreme Court Fees Bill,
The Council resolved itself into & Committee of the whole accordingly.
The Presiding Member left the Chair*
CD •
The Hon. Mr. Moberly in the Chair of the Committee,
rhe Presiding Member resumed the Chair.
The Committee rose, and the Chairman reported progress and asked leave
to sit again.
Ordered that leave be granted for Monday next.
On the Order of the day being read therefor, the Indian Graves Bill was read the
third time.
And it was Resolved That this Bill do pass, and that its title be the " Indi
Graves Ordinance, 1865."
* Appendix G.
in 28° VICTORIA
3rd APRIL.
On the Order of the day being read therefor, the Tolls Exemption Bill was read th
third time,
And it was Resolved that this Bill do pass, and that its title be the "Tolls Exemption Ordinance, 1865."
According to Order, the Council resolved itself into a Committee of the whole for
the further consideration of the Marriages Bill.
The Presiding Member left the Chair.
The Hon. Mr. Haynes in the Chair of the Committee. ]
The Presiding Member resumed the Chair.
The Committee rose, the Chairman reported progress and asked leave to sit
again
Ordered that leave be granted for Monday next
Then, on the motion of the Hon. Mr. Brew, the Council adjourned till Monday
next, at 2 o'clock in the afternoon.
Monday, the 3rd day of April, 1865.
The Council met at 2 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; the Hon. Mr. Walkem absent without leave;
all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
3 ma
A Message from His Excellency the Governor, which being read is as follows:
Message No. 40.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majestys name, to a Bill entitled "An Ordinance to prohibit the unseasonable
destruction of Game."
Government House,
1st April, 1865.
A further Message from His Excellency, which being read is as follows:
5 " Message No. 41.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, mHer
Majesty's name, to Bills entitled respectively "An Ordinance to prevent the
violation of Indian Graves," "An Ordinance to exempt certain articles from
Road and Ferry Tolls, and for other purposes."
Government House,
3rd April, 1865.
According to Order, the Council resolved itself into a Committee of the whole for
the further consideration of the Supreme Court Fees Bill.
The Presiding Member left the Chair.
The Hon. Mr. Moberly in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and'the Chairman reported the Bill gone through with
amendments.
Ordered to be read third time to-morrow.
On the Order of the day being read for the further consideration, in Committee, of
the Marriages Bill,
On the motion of the Hon. the Colonial Secretary,
Ordered, That the said Bill be committed presently, and that the motion of
the Hon. Mr. Holbrook, standing next on the Order of the day, be considered
at once.
r-   -dS&\ TPtn.1
/ f
68
4th APRIL.
1865
The Hon. Mr. Holbrook moved that the Council do now resolve itself into a Committee of the whole to consider Mr. Waddington's Petition, sent down to the
Council in His Excellency's Message No. 33. -
The Hon. Mr. Cornwall moved in amendment, the Hon. Mr. Ball seconding,
That this House, while it deeply regrets the great loss sustained by Mr. Waddington owing to the failure of his speculation, is not of opinion that his case
calls for alleviation or compensation at the public expense.
On the amendment being put it was carried nemine contradicente and Resolved
accordingly.
The Hon. the Attorney General rose to speak to a question of privilege in reference
to his absence from the Council this day.
Ordered that the fine imposed on the Attorney General be remitted.
According to Order, the Council resolved itself into a Committee of the whole for
the further consideration of the Marriages Bill.
The Presiding Member left the Chair.
The Hon. Mr. Haynes in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through
with amendments.
Ordered that the said Bill be read the third time to-morrow.
According to Order, the Land Bill was read the second time.
Ordered to be committed on Thursday next.
The Council, according to Order, resolved itself into a Co.wnittee of the whole on
the Bankruptcy Bill. j
Ihe Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee^
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported progress aiid asked leave to
sit again.
Ordered that leave be granted for to-morrow.
Then, on the motion of the Hon. Mr. Moberly, the Council adjourned Ml to-morrow,
at 3 o'clock in the afternoon. v
Tuesday, the 4th day of April, 1865.
TTiTT
The Council met at 3 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; the Hon. Mr. Walkem absent without leave;
all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. the Attorney Generol gave notice of motion.
According to Order, the Marriages Bill was read the third time, and it was Resolved
that this Bill do pass, and that its title be the "Marriages Ordinance, 1865."
According to Order, the Supreme Court Fees Bill was read third time, and it was
Resolved that this Bill do pass, and its title be the "Supreme Court Fees Ordinance, 1865."
The Hon. the Attorney General from the Select Committee, handed in a Report en.
the Imprisonment for Debt Bill, which having been read, it was Ordered that
the same be adopted.
According to Order, the Council resolved itself into a Committee of the whole for the
further consideration of the Bankruptcy Bill. 28° VICTORIA.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
certain amendments.
Ordered that the said Bill be read the third time on Thursday next.
Then, on the motion of the Hon. Mr. O'Reilly, the Council adjourned till 1 o'clock
in the afternoon on Thursday next.
Thursday, the 6th day of April, 1865.
The Council met at 1 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
The Hon. Mr. Walkem rose to speak to a question of privilege, in regard to his
having been absent from the Council for the last three sittings, without leave
granted.
Ordered that the fines imposed on the Hon. Mr. Walkem be remitted.
The Hon. Mr. Walkem gave notice of motion.
On the Order of the day being read for the introduction of the Ports of Entry Bill,
by the Hon. the Attorney General,
Ordered that the Bill be now read the first time.
Read the first time accordingly.
Ordered that the said Bill be read the second time to-morrow.
On the Order of the day being read for the introduction of the Salaries Extension
Bill,
Ordered to be read the first time.
Read first time accordingly.
Ordered that the said Bill be read second time to-morrow.
According to Order, the Bankruptcy Bill was read the third time,
And it was Resolved That this Bill do pass, and that its title be the "Bankruptcy Ordinance, 1865."
According to Order, the Council resolved into a Committee of the whole on the Imprisonment for Debt Bill.
The Presiding Member left the Chair.
The Hon. the Treasurer in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered that the same be read the third time to-morrow.
On the Order being read for the committal of the Land Bill,
The Hon. Mr. Cornwall moved that the same do stand as an Order of the day
for to-morrow.
On the question being put it was carried nem. con., and Ordered accordingly.
On the Order of the day being read for the consideration of the Petition against
Union with Vancouver Island,
The Hon. Mr. Holbrook moved that the same do stand as an Order of the
day for Monday next.
On the question being put it was carried nem. con., and Ordered accordingly.
Then, on the motion of the Hon. Mr. Elliott, the Council adjourned till 2 o'clock tomorrow afternoon.
►!E 8th APRIL.
18G£
Friday, the 7th day of April, 1865.
The Council met at 2 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
The Hon. Mr. Homer absent on leave; all other Members present.
The Minutes of the previous Meeting were read over and confirmed.
According to Order, the Hon. Mr. Walkem moved for leave to bring in Suits and
Actions Bill.
Ordered that leave be granted and that the Bill be now read the first time.
Read the first time accordingly,
Ordered to be read the 2nd time to-morrow.
On the Order of the day being read therefor, the Port of Entry Bill was read the
second time.
Ordered that the same be committed forthwith.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Walkem in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, and the Chairman reported the Bill gone through with
amendments.
Ordered that the said Bill be read the third time to-morrow.
On the Order of the day being read therefor, the Crown Officer's Salaries Extension
Bill was read the second time.
Ordered that the said Bill be committed forthwith.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Walkem in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered to be read third time to-morrow.
On the Order of the day being read therefor, the Imprisonment for Debt Bill was
read the third time,
And it was Resolved that this Bill do pass, and that its title be the "Imprisonment Exemption Ordinance, 1865."
According to Order, the Council resolved itself into Committee of the whole on the
Land Bill.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
# The Committee rose and the Chairman reported progress and asked leave to
sit again.
Ordered that leave be granted for to-morrow.
Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 3 o'clock
to-morrow afternoon.
Saturday, the 8th day of April, 1865.
The Council met at 3 o'clock, pursuant to adjournment.
The Hon the Colonial Secretary in the Chair as Presiding Membe]
All the Members present.
The Minutes of the previous Meeting were read over and confirmed. 28° VICTORIES.
10th APRIL
61
On the Order of the day being read therefor, the Ports of Entry Bill was read the
third time,
And it was Resolved that this Bill do pass and that its title be the "Port of
Entry Ordinance, 1865."
On the Order of the day being read therefor, the Crown Officers' Salaries Extension Bill was read the third time,
And it was Resolved that the said Bill do pass, and that its title be the "The
Crown Officers' Salaries Extension Ordinance, 1865."
On the Order of the day being read for the second reading of the Suits and Actions
Limitation Bill,
Ordered that the same be read the second time presently.
According to Order, the Council resolved itself into a Committee for the further
consideration of the Land Bill.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered to be read third time to-morrow.
According to Order, the Suits and Actions Bill was read second time.
Ordered to be committed on Monday next.
Then, on the motion of the Hon. Mr. Elliott, the Council adjourned till Monday
the 10th instant, at 3 o'clock in the afternoon.
Monday the 10th day of March, 1865.
The Council met'^t 3 o'clock in the afternoon, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Presiding Member.
All the Members present.
The Minutes of the previous Meeting were read over and confirmed.
A Message from His Excellency the Governor, which being read is as follows:
Message No. 42.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance to amend the law relating
to Bankruptcy and Insolvency in British Columbia."
Government House,
10th April, 1865.
On the Order of the day being read for the third reading of the Land Bill,
On the motion of the Hon. Mr. Cornwall,
Ordered that the said Bill be re-committed.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Holbrook in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through with
amendments.
Ordered to be read third time forthwith.
Read third time accordingly, and Resolved that this Bill do pass, and that its
title be the "Land Ordinance, 1865."
According to Order, the Council resolved itself hito I Committee of the whole on
the Suits and Actions Limitations Bill.
The Presiding Member left the Chair.
P lira APRIL.
186,
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose and the Chairman reported the Bill gone through witn
trifling amendments.
Ordered to be read the third time forthwith.
Read third time accordingly.
And Resolved that this Bill do pass, and its title be "The Limitation of Foreign
Actions Ordinance, 1865."
On the Order of the day being read for the consideration of the Petition against
Union with Vancouver Island,
On the motion of the Hon. Mr. Holbrook,
Ordered that the same be considered at the end,of the present year.
Then, on the motion of theHon. the Attorney General,
The Standing Orders were suspended to allow him to introduce the Telegraph
Extension Bill.
Ordered that the said Bill be now read the first time
Ordered to be read the second time to-morrow.
Then, on the motion of the Hon. Mr. O'Reilly, the Council adjourned till 2 o'clock
to-morrow afternoon.
Tuesday, the 11th April, 1865.
The Council met at 2 o'clock, pursuant to adjournment.
The Hon. the Colonial Secretary in the Chair as Priding Member.
All the Members present.
The Minutes of the previous Meeting .were read over and confirmed.
A Message from His Excellency the Governor, which bqigag read is as follows:
Message l\o. 4o.
Frederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to the undermentioned Bills:
(1) "An Ordinance for regulating the amount and application of the Fees to
be taken in the Supreme Court of Civil Justice from suitors therei4}<"e<
(2) "An Ordinance to facilitate the creation of Ports of Entry in British
Columbia;"
(3) An Ordinance respecting Arrest and Imprisonment for Debt;"
(4) An Ordinance respecting the Salary of the Office of Governor;"
(5) An Ordinance respecting Marriages in British Columbia."
Government House,
11th April, 1865.
A further Message from His Excellency, which being read is as follows:
^ % Message No. 44.
jb rederick Seymour.
The Governor acquaints the Legislative Council that he has assented, in Her
Majesty's name, to a Bill entitled "An Ordinance for regulating the acquisition of Land in British Columbia."
Government House,
Und April, 1865.
The Hon. Mr. Elliott rose to apologize to the House for some expressions which fell
from him during yesterday's debate on the petition against Union with Van-
couver Island.
Ordered that the Hon. Member's apology be received.
According to Order, the International Telegraph Extension Bill was read the second
Ordered to be committed at once. 28° VICTORIA.
11th APRIL.
The Council resolved itself into a Committee of the whole on the said Bill.
The Presiding Member left the Chair.
The Hon. Mr. Ball in the Chair of the Committee.
The Presiding Member resumed the Chair.
The Committee rose, and the Chairman reported the Bill gone through with
amendments.
Ordered that the Standing Orders be suspended, in order to allow this Bill
to be read the third time to-day.
Standing Orders suspended, and the Bill read third time accordingly.
And Resolved that this Bill do pass, and its title be " The International Telegraph Extension Ordinance, 1865."
The Hon. Mr. Homer moved that the Standing Orders be suspended, in order to
allow him to bring in a motion for present discussion.
Ordered accordingly.
On the qustion being put, it was carried nem. con., and Resolved
That His Excellency the Governor be respectfully requested to offer such
rewards as he may deem necessary, with a view of encouraging the development of the resources of the Colony, and the discovery of precious metals.
The Council then adjourned during pleasure.
On the Council resuming its Session, His Excellency the Governor was announced
and, being entered within the Council Chamber, took the President's Chair.
His Excellency notified that he assented, in Her Majesty's name, to the following
Bill entitled "An Ordinance further to facilitate the construction of the Overland Telegraph."
His Excellency then made the following Speech proroguing the Council:
Honourable Gentlemen of the Legislative Council:
It is with much sat%fS£^n that I find myself able to relieve you to day from further attendance on your Legislative duties.
Thec community is much indebted to,you for the zeal and assiduity you have dig-
played during this important Session. As the general principles of the most important Ordinances have been adopted unanimously, I allow myself to look with much
confidence upon their probably beneficial influence on the public welfare.
The period of the year which relieves us from our duties as Legislators, is that
upon wMch the most important of the works committed to the hands of the Executive must commence.
Steps have already been taken to improve our communications with Cariboo, and
I am not without hope that, before the end of the year, the waggon loaded at New
Westminster will have no cause to discharge till it reaches the banks of Williams
Creek. Strenuous efforts are being made to secure an easy access to the Gold Fields
of the Kootenay and Columbia, and it is not improbable that steam vessels will
shortly run upon the intervening lakes and the last named river.
The Electric Telegraph will, ere long, connect one at least of our principal mining
districts with the capital of the Colony, and through it with the larger part of the
civilized globe.
A prospecting party, ably commanded, will in a few days proceed to explore the
districts lying between the richest of the gold mines.
Questions of local improvement, and the promotion of Education among the
younger members of the community, will engage my attention before I visit the
mining and agricultural districts.
You, honourable gentlemen, will soon be widely dispersed over this extensive
territory, and will carry with you a knowledge of the motives which have actuated
the Legislature in passing the measures by which this Session will be principally distinguished. .
I thank you for the candid, patient, and independent consideration which you
have bestowed on all matters which have been laid before you.
I now proceed to close this Session. I therefore prorogue this Legislative Council,
and the same is hereby prorogued accordingly.  APPENDIX.
APPENDIX A.
STANDING ORDERS
OF THE
LEGISLATIVE COUNCIL OF BRITISH COLUMBIA.
MEETINGS AND ADJOURNMENTS.
1. The hour of meeting shall be 3 o'clock, on Monday, Tuesday, Thursday and Friday; and 1
o'clock, on Wednesday; should a quorum of Members not be present at the time at which the
Council shall have been summoned on any particular day, the Presiding Member shall take the
chair, and if it shall then appear that no quorum be present, he shall adjourn the Council to the
time of meeting fixed for the next following day.*
2. It shall be lawful for the Council on the motion of any Member, duly seconded and carried
by a majority, to alter the hour of meeting of the next sitting of Council, if it shall be deemed
necessary for the speedy dispatch of business.*
ATTENDANCE OF MEMBERS.
3. Five Members inclusive of the Presiding Member shall be a quorum for the transaction of
business; and in the event of a quorum not being present at the hour of meeting of the Council,
it shall be lawful for the Presiding Member to summon any absent Members, and any Members
so sent for, and not attending forthwith, shall be held to be guilty of contempt*
4. No Member shall depart the House without the leave of the Presiding Member; and upon
the adjournment of the Council, Members will keep their seats till the Presiding Member shall
have left the Chair.
5. Any Member requiring leave of absence from the Council during its Session, shall make
application to the Governor, personally or by writing through the Presiding Member.
6. Except on the first day of a Session, at the daily opening of the business of the Council, the
list of Members' names shall be called over, and such as shall be absent without leave shall be
fined Ten Dollars, and their names shall be entered on the minutes.*
7. Immediately after the Presiding Member take the Chair, the Minutes of the proceedings of
the previous day's sitting shall be read by the Clerk, in order that any error therein may be corrected, and when correct the same shall be approved and signed by the Presiding Member.
RULES OF DEBATE.
8. The Presiding Member shall preserve due order and decorum during each Session of the
Council, and protect all the Members thereof in the enjoyment of all their rights and privileges.
He shall decide all questions of order that may arise, giving his reasons for such decisions, when
required by any Member, and citing the rule applicable to the case; but otherwise without comment.
9. Every Member shall in discussing any question, address the Chair, and shall stand while so
doing; and should he wish to allude to the Speech or opinion of any other Member, he must do
so without naming him; Official Members may be designated by their appointments.
10. If any two or more Members rise to speak at the same time, the President shall call on the
person entitled in his opinion to pre-audience.
11. Upon any Member being called to order, he shall take his seat till the question of order
be decided.
Vl. No motion, except to adjourn or for the previous question, shall be introduced, except the
same be written in ink, and contain the name of the mover and seconder.
13. Every motion shall be read by the mover thereof, standing in his place, upon which it shall
be handed to the Clerk, who shall also read it, and it shall then be put to the Council by the
Presiding Member, after which it shall be considered before the Council; but any motion may be
withdrawn at any time, before a decision thereon, by the mover and seconder thereof, with the
consent of the Council. j
14. No Member shall speak more than once, except in explanation to the motion, except the
mover thereof, who shall be allowed to reply.
* Since altered, see page 24. APPENDIX.
15. After the reply of the mover of any motion, no further discussion shall be allowed thereon;
but unless an amendment be moved thereto, it shall be immediately put to the vote, after which
no Member shall speak or leave his seat, until the final vote is taken.
16. While any motion is under debate no other motion shall be entertained, except a motion
to amend, to commit, to postpone, or to lay on the table, or a motion for the previous question, or
to adjourn, which latter motion shall always be in order, except when the Council is in Committee
of the whole.
17. A motion for commitment, until it is decided, shall preclude all amendments.
18. A motion to postpone, shall include a day for the further consideration of the question.
1| When a motion to lay on the table prevails, the matter so delayed may be called up again
on any subsequent day, by the motion of any Member.
20. A motion for the previous question until it is decided, shall preclude all debate; and all
motions for amendments or otherwise shall be put in the following words: "Shall the main
question be now put?"
21. Any Member intending to introduce a Bill, Resolution or other matter into the Council,
shall give one day's notice of his intention, but shall not be permitted to introduce the same without leave, which must be obtained on the day of notice, from the Council.
22. In every case an amendment which has been moved and seconded, shall be put before the
original question, and every later amendment before a former one.
23. A motion to amend a proposed amendment, cannot be put until the proposed amendment
shall have taken the place of the original question, nor after it shall have been adopted, and no
question can be put to the vote which is substantially the same as one on which the judgment of
the Council has already been expressed in the current Session.
24. To prevent any misunderstanding in the Council, no Member shall be liable to answer for
a motion made, or words spoken in the Council, unless it be at the same sitting, and before the
adjournment; and the* Council shall receive no information from without doors, of words spoken
openly in the Council.
25. All imputations of improper motives shall be considered as being highly disorderly; and
such conduct shall be minuted in the Journals, if it shall appear to a majority of the Council to
be necessary.
26. An adjournment of the discussion of any question maybe moved by a Member at anytime,
and if seconded, may be adopted or not by the majority.
27-. No amendment shall be proposed upon an amendment which is under discussion.
28. No Member shall be allowed to read any speech.
29. Every motion and amendment must be in writing, and must be seconded before it can be
put to the vote.
ORDER OP BUSINESS.
30. The business of the Council shall be taken up and disposed of at each daily Session, in the
following order:
First—Reading the Minutes.
Second—Reading and referring Petitions, Memorials and other Communications.
Third—Notices of Motion.
Fourth—Orders of the Day.
31. On the first day of the Session the Governor's Speech shall be read, with the Despatches,
Bills and other Documents accompanying it, and such reading shall be the first reading of the
said Bills. The Committee to prepare an address on the Governor's Speech on opening the Session, shall then be appointed by the Presiding Member on motion in Council.
32. With the exception of questions of privilege, which shall take precedence of all others, all
business shall be taken in the order in which it appears in the "Order Book/' unless by permission of the President, on good reasons being shewn for such deviation.
BILLS—RESOLUTIONS.
33. Every Bill except those sent down to the Council by the Governor, shall be introduced by
leave granted to some Member, on motion therefor, but to expedite the conduct of business, no
Member shall be allowed to introduce a Bill after fourteen days have elapsed from the date of the
reply to the Governor's Address being presented, without the consent of every Member of Council
present on such motion being put, but a majority may at any time request the Governor to introduce any Bill that may be desired.*
34. Every Bill before it passes, shall be read three times.
35. NoBillshall pass two readings on the sameday, without the unanimous consent of the Council.
36. After the second reading of a Bill, the Council shall always resolve itself into a Committee
of the whole Council on the same, for the purpose of discussing the provisions of the said Bill
and any amendments to be proposed thereto, and in such Committee the Bill shall be gone through
clause by clause. to
37. Excepting where amendments are proposed by the Govern
or, a
nice altered, see page 24.
Bill which has been reported APPEALS.
from a Committee of the whole Council, and agreed to, shall not be recommitted for the purpose
of altering or reversing any thing therein contained, but solely for the introduction of new or
supplemental matter, in aid of the provisions of the Bill previously agreed to.
38. When a Bill has been passed by the Council, it shall be presented by the President, for
Her Majesty's assent, to the Governor.
39. Whenever the Governor shall propose amendments to any Bill or Resolution sent up to
him by the Council, the Council shall resolve itself into a Committee* of the whole Council on the
same; but the provisions of the said Bill or Resolution, as previously passed by the Council, shall
not then be taken into consideration, save in so far as the amendments proposed effect or have
reference to the same.
40. When the Committee shall have reported to the Council on such proposed amendments,
and the Council shall have come to a decision on such report, a copy of the Resolution of the
Council, giving the result of the determination, or requesting a conference, shall be forwarded to
the Governor.
41. No Bill, which has been~rejected by the Council^ shall be re-introduced during the same
Session.
42. Upon the final reading and passage of any Bill, the same shall be certified by the signature
of the Presiding Member.
43. It shall be in the power of the Governor to reserve Bills for Her Majesty's consideration,
and to assent to them when so instructed, although the Council shalHiave been prorogued.
44. The Council may at any time request a conference with the Governor, particularly if there
be matter to be considered which it might be detrimental to the interests of the Colony to have
openly discussed in the first instance.
COMMITTEES.
45. The Council may resolve itself into Committee of the whole for the consideration of any
Bill or any other matter, upon the motion of a Member. When any such motion prevails the
Presiding Member may leave the Chair, appointing one of the Members as Chairman of the
Committee.
46. When the Committee rise, which shall be by motion of some Member, and decided without debate, the Chairman shall report to the Presiding Member all amendments and resolutions
adopted therein, who shall immediately refer the same to the Council for concurrence..
47. When any report of the Committee of the whole shall be submitted to the Council, as provided in the last preceding rule, no discussion shall be had thereon, and no amendment made
thereto, but it shall be either adopted or rejected, or referred back with instructions, or postponed
to a time to be fixed for asking the concurrence of the Council.
48. Select Committees may be granted upon motion of any Member, the selections to be made
by the Presiding Member, unless named in the motion granting the same; provided always that
the Member moving for a Select Committee shall in all cases be a Member thereof.
49. A majority of the whole number of Members chosen, to compose any Committee, shall
form a quorum thereof; the first Member named to be Chairman of the Committee.
50. The reports of all Special and Select Committees shall be submitted to the Council in writing,
bearing the date of the day of their adoption, and the signature of the Chairman thereof.
51. No discussion shall be allowed upon the reception of the report of any Committee, but the
same shall be forthwith eioher adopted or rejected, or referred to a Committee of the whole, or
laid on the table, or deferred to some future time to be fixed by the Council.
PETITIONS.
52. Petitions may be presented to the Presiding Member by any Member immediately after
the Chair is taken, provided that there shall be indorsed upon it a certificate signed by the Member presenting the same, or by some other Member of Council, that in Kis opinion the petition is
throughout perfectly respectful and deserving of presentation, and that the statements contained
therein are generally correct.
53. It shall be competent to any Member to move that such petition be read; but in making
such motion he shall state concisely the purport of the petition, together with his reasons for
wishing to have the same read, and the motion being seconded, the question shall be put whether
the petition be read.
54. No debate shall take place on presentation of any petition, except as to receiving or reading
such petition, and every petition after being received shall be laid on the table of the Council,
for at least one day before it is again taken up and disposed of.
55. In any case where individual rights or interests maybe peculiarly affected by any proposed
Ordinance, all parties so affected may be heard before the Council when in Committee upon such
Ordinance, either in person or by Counsel.
MISCELLANEOUS.
56. Whenever a division is taken uoon any question before the Council, it shall be the duty of
every Member present to .vote on the" same; and any peresnt Member who shall not distinctly APPENDIX.
give his vote, on either side, shall be considered as giving his vote in the affirmative, and shall
be counted among the Ayes accordingly. WhW* Z-.       j        i.   2«
57. Upon any division which may take place, the Ayes and Nays shall be taken down by tne
Clerk, if any one Member shall so desire.
58. Whenever leave shall be given to any Member to introduce a Bill, Resolution, or other
matter, a day shall be appointed for the introduction thereof, and all such appointments shall be
entered in a book, to be entitled "Order Book," and notified on a board, to be entitled "Order of
the day," and to be affixed to the door of the House.
59. All dropped Orders of the day must be considered dropped, and brought up again in the
usual way. Messages and Bills, or other documents from the Governor, shall be read at the
time they are received, or as soon as practicable; but the Council cannot adjourn until the Message, Bill, or document has been read to the Council.
60. When any motion has been made and seconded, it shall be put to the vote whether the
matter proposed be debated or not.
61. The Reporters of the Public Press shall be admitted by season ticket, issued by the Clerk
of the Council. The Public will be admitted by ticket only; each Member will be limited to the
issue of two tickets for each sitting of the Council.
62. On the motion of any Member, though not seconded, "That Strangers do withdraw," such
strangers must withdraw, including the Press.
CLERK.
63. It shall be the duty of the Clerk of the Council to make Minutes of the Votes, Resolutions,
Addresses, Orders, Reports, Divisions, and all other proceedings of the Council, and to preserve the
original Documents; to prepare for the use of the Printer copies of the Votes and of all Papers
and Documents directed to be printed therewith; to see that they be correctly printed and distributed to the Members; to read aloud all such Documents as the Council may order to be read,
with the exception of Messages from the Governor, which must always be read by the Presiding
Member.
FINES.
64. All fines incurred or imposed by the Council, shall be enforced by Waattant under the
hand of the Presiding Member, addressed to the Clerk of the Council.
65. The Council shall have power to remit, excuse, mitigate or refund any fines incurred or
imposed.
66. All fines when paid shall be appropriated to the purchase of Books for a Library for the
use of the Council, or to such other purpose as the Council shall from time to time determine by
Resolution.
SUSPENSION OF STANDING ORDERS.
67. Should any emergency arise, it is in the power of the Council to suspend the foregoing
Standing Orders for the time being, by unanimous vote.
APPENDIX B.
REPORT OF SELECT COMMITTEE ON IMMIGRATION.
Your Select Committee on the subject of "Free and Assisted Immigration" have the honor to lay
before the House the following Report on that important subject:
1. ^our Committee think that, taking into consideration the state of the Colony and the demand
for labor, they would not be justified in advising the House to apply to His Excellency the Governor for too large a grant of the pubhc money to be employed in the purposes of Immigration, and
would consequently suggest that application be respectfully made to His Excellency to apportion the
sum of £3,000 for those purposes, a sum which your Committee consider sufficient to meet the
wants of the present time.
\ ^0Ur ^omm*ttee w°uld suggest that the following classes of Immigrants would be best suited
to the wants of the Colony, and would be the Masses most likely to obtain, without difficulty, remunerative employment.
Class A—Experienced unmarried Female Domestic Servants, between 18 and 35 years of age, of
good moral character, selected from some of the Agricultural districts of Great Britaimand not from
the manufacturing towns.
Class B—Married Agricultural Laborers, with their wives and children.
Class C—Single Agricultural Laborers, under 40 years of age
Class D—Single Females under 35 years of age.
3. Your Committee consider the following rates of passage money, &c., as best likely to induce
tne above most desirable classes of Immigrants. APPEHDIX
RATES OF PAYMENT TO BE MADE BY IMMIGRANTS, AND INDUCEMENTS AND ADVANTAGES HELD OUT TO THEM.
Class A.    Free passage     j , ,,,,.,.....,...      £10    0
„   B.    Husband | passage money (say)     12 10    0
Wi/e        i        I        m'              6    5    0
Children, between 1 and 12 years of age, each            1  10    0
This class of Immigrants to have a free graait of land given to them, to the extent of 160 acres to
each family, after a continuous residence of two years in the Colony, from the date of arrival, on
condition of settling upon and improving the said land. The title to the same to be granted after &
years' occupation.
Class C. § of passage money     (say)    £16 12    0
This class shall be entitled, after a continuous residence of 2 years from date of arrival in the Colony, to a free grant of land to the extent of 100 acres, on condition of settling upon and imnroving
the said land.    The title to the same to be granted after 3 years occupation.
Class D. I of passage money (say)    £12 10    0
4. Estimating the cost .of passage for an adult at £25, your Committee find that 40 Female Servants (Class A.) could have free passage found them at an expense of (say) £1,000.    Of Class B.
20 married couples, with 40 children between them, would cost the Colony £1,065; while 30 of
Class C and 30 of Class D would cost £249 and £375 respectively. The sums thus expended would
amount in the total to £2,689, leaving a balance of £311 for agency and other expenses. The number of
&ouls thus brought out would be 180, but your Committee would suggest that should this arrangement
be definitely determined on and carried out, that the agents in Great Britain should advertize the sailing
of the ship chartered for such purpose, and the fact that any other persons, besides those receiving
free and assisted passages, could take passage in her upon payment of the usual rates of passage money.
Your Committee in making their calculations have rated a passage at £25 for an adult, and £12 10s
for children under 12 years of age, but they imagine that supposing a sufficient number of passengers can be got together the rate would not be so high.
5. Your Committee would also suggest that Immigrants direct from Europe, who pay their own
passage out, and who before saving have procured a certificate from the Emigration Agent that they
are bound to this Colony, with the intention of settling here, shall on landing, and on production of
the said certificate, be entitled to receive free grants of land to the extent of 160 acres, in the following proportions, viz: 80 acres on arrival, and after a continuous residence on and occupation of the
said grant for the space of tW years, to 80 additional acres. The title to the same to be granted after 3 years occupation.
6. In order to offer further inducements to Emigrants and to enable parties now resident in the
Colony to bring out their friends at a reduced cost, your Committee think that persons now resident
in the Colony, desirous of introducing their friends and relations, should on payment to the Colonial
authorities in that behalf appointed, of the rates before mentioned in clause 3 of this report, according to the respective classes therein mentioned, receive a "Passage Certificate'' available for twelve
months from date, which certificate they shall remit to the person or persons they are desirous of assisting, and such person or persons shall on production of such "Passage Certificate" to the Agent in
Great Britain, be entitled without further payment beyond the usual Emigration Fee to have precedence over any other class of Emigrants.
7. The Agent in Great Britain should be instructed to charter any Emigration vessel, which shall
be dispatched direct for New Westminster, and such vessel should sail during the early part of the
month of October, in order that the Immigrants may arrive some time in the spring, the most favorable period of the year.
8. Your Committee suggests that a local committee be appointed by His Excellency the Governor
previously to the arrival of the Immigrants, who shall not only make arrangements for their reception
and sustenance for some limited period, but shall also by the best means in their power advertize
throughout the Colony the probable date of arrival of the vessel, and the class of Immigrants expected. They would recommend that if such local committee as aforesaid be appointed, such committee
should consider whether the public buildings at New Langley would not be admirably suited for use
as Immigration Barracks.
9. Subjoined is a table of the rates of wages to be obtained by different classes. Those rates vary
so much in different parts of the country, that your Committee have thought it better to make some
distinction between the different districts, and with that view have divided the Schedule accordingly.
10. In conclusion your Committee suggest that a copy of this Report be laid before the Governor for
his consideration; and that should His Excellency approve of it, he be respectfully asked by the
House to communicate with the Government Emigration Officers in England, with^ regard to the
carryino- out of these resolutions; and also, with the Secretary of State for the Colonies, in order to
obtain the sanction of the Home Government to the passing of a special Emigration Ordinance, or to
the insertion of clauses in the Land laws of the Colony, enabling free grants of land to be given to
certain classes of settlers. APPENDIX.
SCHEDULE.
Rates of wages in Lower Country, with board and lodging,
per month. .
Agricultural Laborers.
Married Couples
Single
Barmen
Butchers
Bakers
Brickmakers
Bullock drivers for roads
Do. for farms
Carpenters
Cooks
Gardeners
Male House Servants
Laborers
Millwrights and Engineers
Miners
Mowers
Ostlers
Storemen
Shoemakers
Shipwrights
Shepherds
Stock keeper
Tailors
Tin worker
FEMALES.
Barmaid
Plain Cook
Cooks and Laundresses
Dairy and Farm Servants
House Servants, general
House maids
.Milliners
Nursery maids
Nurse girls
Needlewomen, plain
£
s.
8
0
5
0
12
0
10
0
10
0
d.
0
0
0
0
0
8s per day
12s per day
8
0
0
6
0
0
5
0
0
8s.
15
per
0
day*
0
12s
8
per day *
0   0
6
0
0
8s.
10s
10s
per
day*
n
10s
10s
•P
er day
0 0
0 0
0    0
12s.per day.*
4    0    0
3    0    0
8s. per day.*
Without board.
New Westminster,
February 21st, 1865.
Rates of wages in Upper Country, with board and lodging,
per
m
onth.
£
s.
d.
10
0
0
6 to 8
0
0
15
0
0
14
0
0
12
0
0
12s
per day.*
20
0
0*
8
0
0
16 to 20
s. per day.*
11
0
0
8
0
0
»         6
0
0
12s. J
er
day.*
20
0
0
♦16s. l
er
day*
10
0
0
.    8
0
0
12s. per
day*
16s.
n
8
0
0
10
0
0
16s. ]
jer
day.*
16s.
ii
\
0 0
0 0
0 0
0 0
0 0
0 0
0    0
HENRY M. BALL,
Chairman.
APPENDIX C.
To His Excellency Frederick Seymour, Governor of British Columbia, fyc, fyc.
The Petition of the Miners, Traders, and others, citizens of British Columbia, now in Victoria,
and unanimously adopted at a public meeting held February 25th, 1865,
Humbly sheweth:
Whereas, our Honourable Law makers have lately passed an Act, increasing largely the duties
on Imports into our Colony, and we, the miners, traders and citizens of the Colony, who have all
our interests there, and a natural earnest desire to see it progress and prosper, deem it to be our
privilege as well as our duty to consider calmly, deliberately, and most respectfully this action, and
to give the full and honest expression of our views on the subject, therefore:
I. Resolved, That in our judgment the Customs Amendment Ordinance, 1865, is an act of
Legislation which is inopportune, unwise, impolitic, unjust, and inequitable in its general provisions.
It is inopportune:
1st. Because it largely increases the cost of living in the Colony, at a time when the mining
and trading interests of the Country can least afford to bear such an increase. The past season
was in every sense an unprofitable one. The miner's labour was to a great extent spent in preparing for future operations, and his profits were consequently small. The trader shared the small
p-ofits of the miner. This has produced a general feeling of distrust and depression in the Country.
I'he increased taxation only tends to add to this feeling, and thus deter both men and capital from
going into the Country. APPENDIX
2nd. Because a Gold export tax of three per cent, has just been imposed on all treasure leaving
the Colony, which is in itself a heavy increase upon our former taxes. When to this is added a
high tariff on all the necessaries of life, it becomes a burden from which men regarding their best
interest will flee when the first opportunity is offered.
It is unwise and impolitic:
1st. Because it will not increase the revenue of the Colony. The great diminution in the amount
of imports into the Colony, caused by this tariff will diminish the aggregate revenue so much that
there will be a large deficit to be made up next year, when the mining population will be so small
under the operation of onerous taxes that it cannot be collected. No direct importations into the
country can prevent this result, even if such importations should enable traders to furnish supplies
at the same cost that they could have done under the old tariff.
2nd. We believe there are rich deposits of gold in the wildest and most inhospitable portions of
the Colony. | These gold fields are as yet unexplored and undiscovered; it will require men and
capital combined to discover and develope them. In many instances large companies have been
organized and other preparations made to send capital into the country for this purpose. This
tariff discourages and cripples all such operations by an unfair increase upon all the articles and
implements required for their work. Prospecting in the Colony, upon which so much of our
future success depends is thus checked if it is not entirely prohibited.
3rd. There are hundreds of men in the Colony who have spent all their means and time during
the past three or four years without success. Within the small distance of one and a half miles
on Williams Creek, six hundred thousand dollars have been thus spent. These men have experience
in the country, they are not altogether discouraged, and they purpose to go again into the mines
with the hope that they will yet be able to get something in return for their lost labour and means.
This tariff discourages such men, and will force them to gather up their small earnings for the
season and leave the country for ever.
4th. The small trader and packer who has invested his. means in provisions, and is now on his
way or about to start for the Colony, will be compelled to seek another market. He cannot pay
a double tariff and compete with those traders now in the country. He will find a better and more
profitable market in the neighbouring gold fields of Washington and Idaho territories.
Ii is unjust and inequitable:
1st. Because the increase in the absolute necessaries of life, far exceed that on the luxuries,
thus making the laborer in the country bear the main, if not the whole burden of the taxation.
As an instance the tariff on beans, one of the principal articles of consumption by the miner is
increased-from 3 to 20 per cent., while that on ale and porter is only increased fron 10 to 40 per
cent., the tariff on flour is increased more than threefold, while that on wines is only doubled.
2nd. The tariff is made to take effect at once, thus causing a sudden and quick rise in provisions
in the mines just as the season begins. By this means the miner will be forced to pay famine prices in the spring, and perhaps be driven by necessity to leave the country, before he has had a
fair chance to go to Work profitably. A reasonable notice for the enforcement of such a measure
is customary in other countries as it is equitable and fair.
II. Eesolved, That in our opinion the idea that such a tariff will encourage direct importations
to the Colony from distant ports is a fallacy with reference to British Columbia, which has no
foundation in reason, and will result in no good to our Colony.    The Legislators of British Columbia cannot control the laws of commerce.    Such legislation is not more onerous to the consumers
of the country than it is impracticable and futile for the purposes for which it was enacted.
III. Resolved, That we will hereafter vote for no man who favors an increase of taxation in
British Columbia, believing as we do that the burdens of the people of that Colony are greater
than they can bear.
IV. Resolved, That a copy of these resolutions be prepared for signature, and when signed by
the miners and traders of British Columbia, now in this city, and by none others, they be forwarded
to His Excellency Governor Seymour, who is hereby most respectfully requested to lay them before the Honourable Council and Legislative Assembly for their consideration, with this as our
prayer,that they will cause the Customs Amendment Act to be revised, to suit the circumstances
of the country.
APPENDIX D.
N"ew Westminster,
23rd March, 1865.
Gentlemen • I have had the honor to receive, on the 18th instant, from the hands of
the gentleman selected by the people of Cariboo East to represent their interests in the
Legislative Council, the petition adopted at a Public Meeting, held m Victoria on the
*5tL February 1865.    You object to the "Customs Ordinance lately passed m forcible terms, rP*V
vim.
APPENDIX.
and give your reasons for the objections you entertain. You state that your expressions
are full and honest. Of this I feel no doubt, and I am induced in return to give you some
honest explanations. Though I do not observe appended to the petition many of the
names most familiar to me in Cariboo, yet the opportunities of direct communication, between the Governor and the mining population, are so few that I am willing, for the
purpose of replying, to consider your petition as expressing in some measure the opinion
of the miners of British Columbia.
The general principles of the Bill, which has now become law, were adopted by the
Legislative Council before my arrival in the Colony. Understand that I am not wishing
to throw any of the responsibility that belongs to me on others. I shall not assent to
any measure that I am not prepared to defend. The law I found in force, and which has
now been repealed, contained the objectionable and unusual clause, that the value of the
commodities introduced to this Colony should be calculated at the place of import; thus
taxing freight, and making the ship while on her voyage contribute to the support of the
Public Institutions of this Colony. The rate of duty appeared in the tariff to be so much,
whereas at the Custom House a very considerable additional tax was added. Many of
the miners of the Colony were not aware of this arrangement, and a comparison of the
Schedules attached severally to the late and the present Acts was calculated, with them,
to give rise to the impression that large additional duties have been imposed, an impression
totally unfounded, where articles are water-borne to this Colony from the place of their
growth or manufacture. In all such cases the duties are now lower than they were; and
if you see the Import Duties estimated in our Ways and Means as more productive than
last year, it is because we expect to have a much larger population in the Colony, not
that we have a wish or an expectation to raise an additional cent in the Import Duties
from any one of you.    But, your own practical^experience may lead you to say that at
growth
It will probably be represented to you, in the town from which you address me that
the late Customs Act has been drawn upon principles hostile to Vancouver Island 'Such
is not the case. All the products raised by the agriculture or manufactured by the skill
and industry of the sister Colony receive, from her proximity, a protection in our markets
1he beer, the cider, the carriages, whatever is made or grown on the Island, enters on
highly favourable terms into competition with similar articles introduced from California
or Europe. If Vancouver Island is not in a position to profit by this benefical arrangement
of our law you will see that that is no reason why Victoria should, by doing the principal
commercial operations of this Colony, levy a toll on all we use or consume
But J by no means wish to deny that there is an appearance of unfriendliness towards
It is beyond all things, just and equitabl<
Colony
that a community, like an individual, should
are that
me to say,
oflivmg there..  What is the security of thisdebtM^ c^ U^T.U^our^rZt
the Colony which most of you, gentlemen, leave by the very first oWortun% when the
•Id
ho
ity would be in a resident population,
— ^v*..v ,TXJV Uttvc -LLiiau-c u± this Colonv their"
tSJt   f    f™ *\6 lar36r Sh*are 0f the Profits of its commercial transactions
Merchants who wish to share in the benefits "   ' ' "
• ne i.tisbui reasonable that .hose who have made of this Colony their home~"at whTtever
posal for
£\ APPENDIX.
Island, until the formal notice was given of the Customs Act to which you object.
I have, however, no fear as to the ability of the Colony to meet its present and probable
prospective indebtedness; but this should not be left to chance. The reduction in the
cost of living, which I will show you, must take place at Cariboo will make your labours
more profitable, and thousands are now approaching our Southern Boundary to work our
newly discovered gold fields, and share temporarily at least in the public burdens.
You see that I do not assent to the main propositions contained in your address therefore, I will not follow you into details. I know that the immediate operation of the ne^v
Customs law is disagreeable; its benefits not yet within your reach.
Tou have selected the article of Beans specially for comment; an article bulky but of
small intrinsic value. Compare the price of beans at New Westminster and Williams
Creek, and see what makes them dear at the latter place. It is the transport, not the tax.
If all the beans for future consumption were to be stored in Victoria, introduced at the
highest duty, and no improvement were made in the communications the difference of
price would be infinitesimal and utterly inappreciable in the Miner's daily meals, But \
we look for direct importation, which would, before the season is over, reduce the price
of all articles in Cariboo to a lower standard than yet seen there. With moderate charges
telegraphic communication, and a road completed, as I anticipate, through from New
Westminster to Williams Creek, the Northern Mines will present more attractions to the
fortunate holders of claims than they will have yet done.
I will only notice one other remark in your petition. You say "a reasonable notice for
the enforcement of such a measure" (the Customs Ordinance) "is customary jn other
countries, as it is equitable and fair." You may perhaps not be aware that when the
Chancellor of the Exchequer's financial statement is made in the House of Commons, an
order is at once given for the enforcement of any alteration of duties he may suggest, in
anticipation of an Act of. Parliament for the purpose,. However in the instance of the
British Columbian Customs Ordinance there was elaborate notice given. The principles
were adopted by the Legislative Council on the 18th February, 1864, before I reached
the Colony. I stated on the 28th April, that I should consider the question in the recess.
On the 12th December, I gave notice that a measure of the kind would be introduced. On
the 12th of January I distinctly stated the Bill to be that of last year. No approaching
measure could well hawe had more thorough ventilation.
CD
And now that it has passed it must be allowed to be to a certain degree tentative.
You and I differ widely -as to its merits. Let us give it a fair trial, and before the next
Session I shall be prepared to receive (I hope, personally, on Williams Creek) with every
respect, your more experienced opinion. Depend upon it the last thing the Government
of this Colony would desire to do, is to discourage the Miners from developing its resources,
or allow any large body of our population to lapse into a state of political discontent.
The Standing Orders which I framed for the adoption of the Legislative Council, provided that no petition shall be presented without an endorsation stating that it is "perfectly
respectful and deserving of presentation/' I am half inclined to doubt whether the terms
"unjust and inequitable" applied to recent Legislation can come within this definition,
but I have no doubt that respect for the presenter and to the petitioners, whom the Governor is willing to consider as, to a certain extent, representing the Miners of Cariboo,
will secure for it an indulgent reception, when I lay the petition together with a copy of
this letter before the House.
I have, &c,
(Signed) FREDERICK SEYMOUR.
Messrs. J. F. Pascoe, S. Hodge,
Hugh  Gartland, and the other signers of the Victoria petition.
APPENDIX E.
BRITISH   COLUMBIA.
FREDERICK   SEYMOUR.
PROCLAMATION ^
By His Excellency Frederick Seymour, Governor of British Columbia and its Dependencies, &c.
To all to whom these presents shall eome; Greeting.
Whereas it is expedient for the protection of the Revenue, to apportion by Proclamation, the
net amounts proceeding from fines and forfeitures, recovered under "The Gold Export Duty Ordinance 1865," among the persons more immediately instrumental in procuring the same;
r  ** 7P***-
APPENDIX.
Now therefore, I, Frederick Seymour, Governor of British Columbia, under and by "virtue of all
powers and authorities me in that behalf enabling, and so far as the same shall extend, do hereby
proclaim and declare as follows:
The amount of the net proceeds of all fines and forfeitures recovered under "The Gold Export
Duty Ordinance, 1865," after payment thereout of all costs and expenses shall, until otherwise duly
proclaimed, be divided in the following manner: .
One-half thereof shall be paid to the Informer, and the remaining one-half thereof to the fceizer,
through whom the said penalties shall respectively have been recovered.
By Command.
god save the queen. Arthur N. Birch.
APPENDIX F.
Committee Room,
Council Chamber, 28th March, 1865.
The Special Committee appointed to .consider the Supreme Court Fees Bill beg to report to your
Honourable Council as follows:
The Committee consider the preamble to the Bill as printed unnecessarily long: they have, therefore, substituted a more concise one.
In Clause* I. the Committee have recommended a few verbal alterations.
Clause II. the Committee recommend to be omitted; it is legislating in a matter in which there
is no occasion to interfere.
Clauses III. and IV. the Committee advise to be omitted. The Committee think the practices
they would introduce unnecessary and troublesome.
In Clause V. a few verbal alterations have been made. The Committee suggest that this Clause
be taken into the special consideration of the Committee of the whole, with respect to the paying
the Deputy Registrars by fees. The Select Committee hesitate to amend the Clause, though disapproving of the practice.
In Clause VI. no alteration is suggested.
The Committee recommend that Clause VII. be omitted, as it is out of place in this Act.
In Clause VIII. no alteration is suggested.
The Committee suggest that Clause IX. be omitted, as it is considered that the Salary of an Officer should be sufficient compensation for the performance of his duty.
The Committee suggest no alteration in Clause X.
Li Clause XI. a verbal alteration has been made.
No alteration has been suggested in Clauses XII. and XIII.
The Committee, disapproving of the system proposed of having different rates of fees in different
sections of the Country, have prepared a Schedule of common law fees, the adoption of which is recommended. The rest of the Schedule in the Act the Committee suggest may be adopted with a
few verbal alterations
C. BREW, Chairman.
APPENDIX G.
Committee Rooms,
Council Chamber, 30th March, 1865.
The Special Committee appointed to consider the Ordinance relating to Bankruptcy,
beg to report to your Honourable Council:
1. That tliey have carefully perused the Bill now before the House, and have made
numerous alterations therein which they recommend for your adoption.
2. They approve generally of the principle of the Bill and its various provisions, particularly the abolition of the difference previously existing between Insolvency and
Bankruptcy, in dealing with traders and non-traders; the abolition of the old provisions
requiring a Bankrupt to shew at least £150 of assets, before he could'avail himself of the
Bankrupt Law; the extension of Bankruptcy Jurisdiction in undisputed cases; the power
of affording immediate protection to Debtors, to the County Courts; the mitigation of
imprisonment for debt, reserving its punishments for fraud and crime; the timely protection afforded to Creditors in ascertaining a debtor's solvency, or the reverse, by means
of a judgment summons.
At the same time they have altered and omitted all that large portion of the Bill which
appears to your Committee to be already substantially, if not more conveniently provided
for, in the existing Bankruptcy Law, which, subject to the alterations now proposed in
the enclosed amended Bill, still remains as the basis of our Legislation on this subject.
HENRY P. P. CREASE.
Chairman.      

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