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Minutes of the Council of Vancouver Island : commencing August 30th, 1851 and terminating with the prorogation… [Vancouver Island. Legislative council]; Provincial Archives of British Columbia 1918

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The University of British Columbia Library
THE
CHUNG
COLLECTION   AEOHIYES OF BEITISH COLUMBIA.
MEMOIR NO. II.
MINUTES
OP THE
Council of Vancouver
Island.
COMMENCING AUGUST 30TH, 1851, AND TERMINATING WITH THE PROROGATION
OF THE HOUSE OF ASSEMBLY,
FEBRUARY 6TH, 1861.
PRINTED BY
AUTHORITY  OP THE  LEGISLATIVE  ASSEMBLY.
VICTORIA, B.C.:
Printed by William H. Collin, Printer to the King's Most Excellent Majesty.
1918.
99»  Provincial Library,
Victoria, July 15th, 1918.
The Hon. J. W. de B. Fan is, K.G.,
Attorney-General of British Columbia,
Government Buildings, Victoria, B.C.
Sir,—I have the honour to transmit to you herewith Bulletin No.
2 of the Archives Department, entitled " Minutes of the Legislative
Council of Vancouver Island, 1851-61." The text is that of the
original Journal, which has never appeared in print as a whole
before. The bulletin will give an idea of the value of the Provincial
legislative records from an historical point of view. It will also
serve a more practical purpose in indicating the source of many
laws and policies, not a few of which have survived in one form or
another to this day. The only extant copy of the original is one
of the Provincial Archives Department's most treasured possessions.
Several of its pages are in the handwriting of His Excellency
Richard Blanshard and Sir James Douglas. Like many other
papers gathered by and kept in this Department, the original
Journal is far too valuable a record not to be preserved in print.
I take this opportunity to acknowledge my indebtedness to Mr.
Killam and Miss Wolfenden, of the Library staff, for assistance in
reading the proof.
I have the honour to be,
Sir,
Your Obedient servant,
E. O. S. SCHOLEFIELD,
Provincial Librarian and Archivist.  PREFACE.
VANCOUVER ISLAND was granted to the Hudson's Bay Company for settlement upon certain conditions by Royal Charter
dated 13th January, 1849. In the same year the Island
and adjacent Islands were constituted a Colony by the Imperial
Government. The new Colony was remarkable for several things.
It was the first British Colony to be established in due form in
western North America. It was the outward and visible result
of a series of incidents which culminated in the rise of British
power in the North Pacific. It helped to pave the way for the
time when Canada should "enter into the northern heritage of
old Spain and become a Pacific power." The little island settlement was, moreover, isolated and far removed geographically
from Great Britain and all other British possessions; it had no
direct or regular communication even with the Capital of the
Empire. The administration of the public affairs of the Colony
was practically left in the hands Of the great and powerful
Hudson's Bay Company. It was in its way a rather bold undertaking in colonial expansion.
Thus it is that the little Colony of Vancouver Island, though
it existed as such only for the short period of seventeen years
(1849-66), plays no inconsiderable part in the early history of
Canada on the Pacific. To the general student of colonial affairs
the story of this experiment will be found a quite fascinating and
informative field of enquiry.
Mr. Richard Blanshard, an estimable English barrister,
who had held several positions under the Colonial Office, was
appointed Governor of the new Colony, Her Majesty's Commission
and Instructions bearing the date 16th July, 1849. After due
preparation the Governor departed for the lonely Colony in the
North Pacific. He reached Victoria in H.M.S. " Driver " and
forthwith entered upon his official duties, which were light enough
as shown by the official correspondence of that period. It does
not appear from the Governor's despatches that his position was
a particularly happy one, a matter due in a large measure apparently to differences of opinion and controversies with the officers
of the Hudson's Bay Company. Moreover, the Colony was so
small and there were so few residents not connected with the
Hudson's Bay Company as labourers, servants, clerks, officers, or
in one capacity or another, the Governor could entertain but little
hope of advancement in the near future. He received neither salary
nor emolument, having consented to wait until the Colony could
afford a Civil List for financial recognition of his services.   His
Royal Charter,
13th Jan.,
1849.
Governor
Blanshard.
Hudson's
Bay Co. :       i   !       !
mm
Legislative
Council and
Assembly.
Terms of Commission in this
particular.
From copy In
Provincial
Archives.
Power to enact
Laws.
Bight  to
disallow
ordinances
reserved.
General Assemblies to be
summoned.
Qualifications.
Preface.
Excellency had expected to find at least a settlement to govern,
but he realized soon after his arrival that there were but a mere
handful of independent settlers scattered beyond the Company's
farms about the fort. In fact, the Chief Factor in charge was
the real ruler of the country. In 1851, disappointed, broken in
health, and without means to defray the high cost of living in the
Colony, Governor Blanshard resigned and left the Colony for
England by way of San Francisco and the Isthmus of Panama.
In the Commission and Instructions previously mentioned the
Governor was empowered and commanded to create a Legislative
Council and to call a General Assembly of the representatives of
the people. The precise terms of the Commission in this respect
are as follows:—
"... "We do hereby grant, appoint, and ordain, that you, and
such other persons as are hereinafter designated, shall constitute
and be a Council for the said Island. And We do hereby direct and
appoint that in addition to yourself the said Council shall be composed of such other persons within the same, as shall from time to
time be named or designated for that purpose by Us,T>y any instructions, or Warrant, or Warrants to be by Us for that purpose issued
under Our Signet and Sign Manual, and with the advice of Our
Privy Council, all of which Councillors shall hold their places in
the said Council at our pleasure. And We do hereby grant and
ordain that you with the advice of the said Council shall have full
power and authority to make and enact all such Laws and Ordinances as may from time to time be required for the peace, order,
and good Government of the said Colony, and that in the making
all such Laws and Ordinances you shall exercise all such powers
and authorities, and that the said Council shall conform to and
observe all such Rules and Regulations, as shall be given and prescribed in and by such instructions as We with the advice of Our
Privy Council shall from time to time make for their and your
good guidance therein, Provided nevertheless, and We do hereby
reserve to ourselves, Our Heirs and Successors, Our and their
right and authority to disallow any such Ordinances in the whole
or in part, and to make and establish from time to time with the
advice and consent of Parliament or with the advice of Our or
their Privy Council all such Laws, as may to Us or them appear
necessary for the order, peace, and good Government of Our said
Island and its dependencies, as fully as if those presents had not
been made. And We do hereby give and grant unto you full power
and authority with the advice and consent of Our said Council
from time to time as need shall require, to summon and call
General Assemblies of the Inhabitants owning twenty or more
acres of freehold land within the said Island and its Dependencies
under your Government in such manner and form, and according
mmmmm Preface.
to such powers, instructions, and authorities as are granted or
appointed by -your General Instructions accompanying this your
Commission, or according to such further powers, instructions,
and authorities as shall be at any time hereafter granted or
appointed under Our Sign Manual and Signet, or by Our Order
in Our Privy Council, or by Us through one of Our Principal
Secretaries of State, And Our will and pleasure is that the persons thereupon duly elected by the major part of the said Freeholders and so returned shall before their sitting take the Oath
of Allegiance, which oath you shall commission fit persons, under
the Public Seal of Our said island and its Dependencies to tender
and administer unto them, and until the same be so taken, no
person shall be capable of sitting though elected. And We do
hereby declare that the persons so elected and qualified shall be
called and deemed the General Assembly of Our said Island of
Vancouver, And you, said Richard Blanshard, by and with the
consent and advice of Our said Council and Assembly or the
major part of them respectively, shall have full power and
authority to make, constitute, and ordain Laws, Statutes and
Ordinances for the public peace and welfare and good Government of our said Island and its dependencies, and the people and
inhabitants thereof, and such others as shall resort thereto, and
for the benefit of Us, Our heirs and successors, which said Laws,
Statutes, and Ordinances are not to be repugnant but as near as
may be agreeable to the Laws and Statutes of this Our United
Kingdom of Great Britain and Ireland, provided that all such
Laws, Statutes, and Ordinances of what nature or duration soever
be transmitted to Us in the manner specified in your said Instructions, under the Public Seal of Our said Island and its Dependencies for Our approbation or disallowance of the same, as also
duplicates thereof by the next conveyance.*'
The Instructions also deal at length with the processes to be
followed in the formation of the Legislative Council. As they
have never been printed, the'subjoined paragraphs on the subject
are quoted in full, viz. :—
"Fourth. And whereas by Our said Commission, We have
authorized you and such persons as are in the said Commission
designated to constitute and be a Council for the said Colony.
And We have by the said Commission further declared that in
addition to yourself, the said Council shall be composed of such
persons within the same as shall from time to time be named or
designated for that purpose by Us, by our Instruction or Instructions, Warrant or Warrants, to be by Us for that purpose issued,
under Our Sign Manual and Signet, and with the advice of Our
Privy Council, and that all such Councillors shall hold their
places in the said Council at Our pleasure, and that you with the
Oath of
Allegiance.
Laws not to be
repugnant  to
Statutes of
United Kingdom.
All Laws to be
submitted for
approval.
Instructions.
From copy
in Provincial
Archives.
■u.^,,,,,,,,^,^, H»
Preface.
Council of
Beven members.
Men of good
life to be
chosen.
advice of the said Council shall have full power and authority to
make and enact all such Laws and Ordinances as may from time
to time be required for the peace, order, and good Government of
the said Island, and that in the making all such Laws and- Ordinances, you shall exercise all such powers and authorities, and that
you and the said Council shall conform to and observe all such
Rules and Regulations as shall be given and prescribed in and by
such instructions, as We with the advice of Our Privy Council shall
from time to time make for his and their guidance therein : Now
therefore by these Our Instructions under Our Sign Manual and
Signet, being the Instructions so referred to as last aforesaid, We
do authorize and empower you (until further and other provisions
shall be made by Us in that behalf) by an Instrument or Instruments to be made and issued in Our Name, and under the Public
Seal of Our said Island, to constitute and appoint seven persons
being within the same to be Members of the said Council during
Our pleasure, and any three of whom We do hereby appoint to be
a quorum ;. and so from time to time, as often as any such person
shall die or resign his seat in the said Council, or be absent from
the said Island, or be suspended by you from such his office, or
become from any cause incapable of discharging the duties thereof,
by any other such Instrument as aforesaid to nominate any other
person, being within the said Colony, to fill any such vacancy:
Provided nevertheless that the appointment so to be made by you
of the persons who are to constitute the said Council shall be provisional only, and subject to Our xxrafirmation or disallowance.
" Fifth. You are to communicate forthwith such of these
Instructions to Our said Council wherein their advice and consent
are mentioned to be requisite, and likewise all such others from
time to time as you shall find convenient for our service to be
imparted to them.
" Sixth. You are to permit the Members of Our said Council
to have and enjoy freedom of debate, and vote in all affairs of
public concern that may be submitted to their consideration in
Council.
" Seventh. And in the choice and nomination of the Members
of our said Council, as also of the Judges, Justices, and other
officers, you are always to take care that they be men of good life,
well affected to our Government, of good estates and abilities suitable to their employments."
With reference to the General Assembly, (the Instructions are
equally explicit. Much of the document deals with the popular
House, but paragraphs nine and ten are sufficient to show the
powers, privileges, and prerogatives of the Assembly in this connection.   The clauses mentioned are given hereunder:— PPM
Preface.
" Ninth. And whereas, by Our aforesaid Commission, you are
authorized and empowered to summon and call General Assemblies
of the freeholders within Our said Island and its dependencies,
as therein specified, in such manner and form and according to
such powers, instructions and authorities as are granted or
appointed by these Our Instructions in that behalf: You are
therefore for the purpose of electing the Members of such Assemblies hereby authorized to issue a Proclamation declaring the
number of Representatives to be chosen by such Freeholders to
serve in the said General Assembly, and if you shall see fit,
dividing Our said Island and its Dependencies into Districts or
Counties, Towns, or Townships, and declaring the number of
Representatives to be chosen by each of such Districts or Counties,
Towns, or Townships respectively. And you are also hereby
authorized and empowered from time to time to nominate and
appoint proper persons to execute the office of Returning Officer
in the said Island, or in such Districts or Counties, Towns or
Townships respectively, and you are as soon as you shall see
expedient to issue Writs in Our name directed to the proper
Officers in the said Island, or the proper Officers in such Districts
or Counties, Towns or Townships respectively, directing them to
summon the aforesaid Freeholders to proceed to the election of
persons to represent them in the General Assembly according to
the Regulations and Directions to be signified in the Proclamation
to be so issued by you as aforesaid.
" Tenth. You are to observe in the passing of all Daws that the
style of enacting the same be by the Governor, Council, and
Assembly of our said Island and its Dependencies."
The Governor, however, deemed it inexpedient to carry out the
intentions of the Colonial Office in this particular for the reasons
set forth on April 18, 1850, in a despatch to Earl Grey, then
Secretary of State for the Colonies.   The Governor states:
" As no settlers have at present arrived, I have considered that
it is unnecessary as yet to nominate a Council as my instructions
direct; for a Council chosen at present must be composed entirely
of the Officers of the Hudson's Bay Company, few, if any, of
whom possess the qualification of landed property which is
required to vote for Members of the- Assembly, and they would
moreover be completely under the control of their superior
Officers; but as no immediate arrival of settlers is likely to take
place, and my instructions direct me to form a Council on my
arrival, I should wish for further direction on this point before
I proceed to its formation."
As the election of a General Assembly was, in the circumstances, impracticable, the Governor decided to appoint a Legis-
Proclamation
ieclaraing number of Representatives.
Returning
Officer.
Style of enacting laws.
Governor's
despatch April
18, 1850.
Governor's
reasons   for
not   calling
House of
Assembly.
Legislative
Council
created.   Three
members. 10
Preface.
Sir James
Douglas
appointed
Governor.
Importance
of Minutes s
historical
record.
Of value to
general
students.
lative Council to administer the Government until his successor
should be appointed. Accordingly a Proclamation was issued under
the Seal of the Colony, appointing Mr. (afterwards Sir) James
Douglas, Mr. John Tod, and Mr. James Cooper, members of the
Council. ' Mr. Douglas as senior member was to act as Administrator for the time being. Without further delay, the original
recommendation of the Hudson's Bay Company was carried out,
and Sir James Douglas was appointed Governor of Vancouver
Island and its Dependencies, a position which he held with distinction until 1863, when he was succeeded by His Excellency
A. E. Kennedy, the third and last Governor of the Island Colony.
At this point it may be well to refer briefly to the extremely
important historical document which is now printed as a whole
for the first time—the Minutes of Council, 1851-1861,—which stand
as the only official record of the proceedings of the Legislative
Council of Vancouver Island. To that extent they are unique
as well as invaluable from constitutional, legal, and historical
points of view. Herein may be found the sources of public policies and laws in force to-day. With the aid of this Journal one
may follow the efforts of our first legislators to grapple with the
problems relating to land, labour, liquor, and other matters of
public concern in this small but active community. The student
of legal and constitutional history and Parliamentary proceedure
will find the Minutes of great value in his researches, while the
public man and the lawyer, as well as the general reader, will also
find them both useful and instructive. In fact, the Council Minutes, together with the Journal of the House of Assembly of 1856
and the "Correspondence Book," so called, which have also just
been printed as bulletins of the Archives Department, give all
that has been officially recorded of the earliest proceedings of our
first Colonial Legislature.
Altogether apart from their local significance these papers will
have a wider appeal to the general student of matters pertaining
to the evolutionary development of Parliamentary institutions in
the Overseas Dominions.
Between 1851 and 1866 eight appointments were made to the
Legislative Council:—
The Honourable Sir James Douglas (1851).
The Honourable John Tod (1851).
The Honourable James Cooper (1851).
The Honourable Roderick Fimlayson (1852).
The Honourable John Work (1852).
The Honourable David Cameron, Chief Justice of Vancouver Island (1853).
The Honourable Donald Fraser (1858).
The Honourable Alfred John Langley (1858). Preface.
The Honoueable John Tod.
The Honourable John Tod was born at Lochleven, Dumbartonshire, Scotland, in 1791 or 1792. About the year 1807 he entered
the service of the Hudson's Bay Company, embarking for York
Factory. He was a well-known character in the fur-trading annals
of the Far West. It is stated in an obituary which appeared in the
Colonist, September 1st, 1882, that Mr. Tod crossed the continent
to Astoria in 1814. Mr. Tod was a remarkable man of whom
many anecdotes are told. He saw service at several of the posts
west of the Rocky Mountains, both on the Columbia River and in
British Columbia, notably at Kamloops and Alexandria. He
reached the rank of Chief Factor in the Company's service, retiring in 1847 or 1848. Shortly thereafter he took up his residence
at Cadboro Bay, Victoria. Governor Douglas appointed Mr. Tod
a Member of the Legislative Council of Vancouver Island in 1856.
Died in Victoria, August 31st, 1882.
The Honoueable Rodeeick Finlayson.
The Honourable Roderick Finlayson was born in Lickalsh,
Ross-shire, Scotland, March 16th, 1818. He entered the service of
the Hudson's Bay Company in his seventeenth year, and after an
apprenticeship in Eastern Canada crossed the continent to Fort
Vancouver in 1839. On Taku Inlet, in Alaska, he built Fort
Durham, so named in honour of the unhappy but famous Earl of
that name. Mr. Finlayson was stationed later at Stikine and
Fort Simpson. In 1843 he was associated with Sir James Douglas
and Mr. Charles Ross in the building of Victoria. He was for
many years an honoured and influential Chief Factor in the
Hudson's Bay Company. His diary (a copy of which is in the
Provincial Archives Department) is an invaluable historical document.   Died January 21st, 1892.
The Honoueable James Coopeb.
The Honourable James Cooper is little known. A letter from
the Deputy Governor of the Hudson's Bay Company to the Right
Honourable Sir Edward Bulwer Lytton, of August 17th, 1858,
states that Mr. Cooper was appointed first mate of one of the
Hudson's Bay Company's vessels in August, 1844, on account of
the good opinion entertained of him by the Company. He was
promoted to the command of his ship in 1846 and he remained
with the Company as captain until May, 1850, when he came to
Victoria as supercargo in one of the Company's vessels with the
intention of settling on Vancouver Island. He was appointed a
Member of the Legislative Council by Governor Blanshard in
1851.
11
Vide Colontot,
Sept. 1st, 1882.
Vide Colonist,
Jan. 22nd,
1892, p. 3. 12
Preface.
Colonist, Dec.
23rd,   1861,
Vide Colonist,
May 15th,
1872, p. 8.
Vide Colonist,
April 10th,
1896, p. 5.
The Honoueable John Wobk.
The Honourable John Work entered the service of the Hudson's
Bay Company early in the nineteenth century, probably about the
year 1814. He served his apprenticeship in the Eastern Districts
until 1822. In 1823 he followed the long route of the fur-trader
to the Columbia River, where he was for a time in charge of Fort
Colville, establishing there, so it has been said, the first farm west
of the Rocky Mountains. For several years he commanded large
trapping parties on the great interior plains. In quest of beaver
he wandered as far as the swamps of the Lower Sacramento
River and San Francisco Bay. In 1849 he was made one of the
managers of the Company's affairs west of the Rocky Mountains,
whereupon he settled at Fort Victoria. He was made a Member
of the Legislative Council in 1852.   Died December 22nd, 1861.
The Honoueable David Cameron.
The Honourable David Cameron was born in Perthshire, Scotland, in 1804. At an early age he went to Demarara and resided
there until 1853, following the occupation of merchant, It was
apparently in Demarara that he met and married Sir James
Douglas's sister. Coming to Vancouver Island in 1854, he was
appointed by his brother-in-law, the Governor, Judge of the
Supreme Court of Civil Justice, subsequently becoming Chief
Justice. He retired in 1865 with a pension of £500 per annum.
In its obituary notice the Colonist observes: "Although not a
lawyer, Mr. Cameron's legal knowledge was extensive, and in his
able hands the present Rules of Court were framed." Judge
Cameron was somewhat bitterly attacked by Mr. Langford, one
of the agents of the Puget Sound Agricultural Company, but the
Secretary of State for the Colonies and a large number of the
more influential settlers supported the Court. Died May 14th,
1872.
The Honoueable Alfred John Langxey.
The Honourable Alfred John Langley was born at Lichfield,
Staffordshire, England, October 15th, 1820. He emigrated to Nova
Scotia, later on joining in the rush to California in the days of the
gold excitement in 1849. He went into business in San Francisco,
founding the firm of Langley, Michaels & Company. In 1858 Mr.
Langley took part in another gold-rush, this time to Victoria, the
Capital of the Colony of Vancouver Island, where he established
the widely known house of Langley & Company. Mr. Langley's
energy, ability, and his deep interest in the public affairs of the
Colony were recognized by Sir James Douglas, who appointed
him a Member of the Legislative Council. In 1862 he was further
honoured in being sent to London as Commissioner for the Colony Preface.
13
to the Great Exhibition of that year. So ably did he discharge his
duties on that occasion that it is said he was offered knighthood,
or a decoration, for his services, but Mr. Langley declined the
honour, being quite content to serve his country without such
reward.   Mr. Langley died at Victoria, April 9th, 1896.
The Honoueable Donald Fbasee.
The Honourable Donald Fraser was the representative of an
influential London newspaper in the days of the gold excitement.
He displayed a genuine interest in the welfare of the two British
Colonies on the north-west coast of North America, and actively
associated himself with the late Mr. Gilbert Malcolm Sproat in
opening the eyes of the Imperial authorities to their value as a
field for emigration and development. When Mr. Sproat was in
London as Agent-General of the Colony, Mr. Fraser earnestly
supported him in all efforts to promote the advancement of British
Columbia and Vancouver Island.
Sna James Douglas, K.C.B.
Sir James Douglas, K.C.B., was born in Demarara August 14th,
1803 ; died August 3rd, 1877. When little more than a boy James
Douglas joined the famous North-West Company, and on the
amalgamation of that organization with the Hudson's Bay Company in 1821 he entered the service of the new power. He crossed
the continent in 1824 and soon became a prominent figure in the
councils of the fur trade in .the Western or Columbia Department.
In 1827 he married Amelia Connolly, daughter of Mr. Chief Factor
Connolly, of the historic district of New Caledonia, the central
interior of the British Columbia of to-day. Mr. Douglas, as he
was then, was promoted to headquarters at Fort Vancouver in
1832, some time thereafter being appointed to the Board of Management which had charge of the Company's affairs west of the
Rocky Mountains. In 1842 he explored the southern end of
Vancouver Island and selected the site of the new post to be
established on the Strait of Juan de Fuca. Fort Victoria was
built in the following year (1843). The headquarters of the Hudson's Bay Company were transferred from Fort Vancouver, on
the Columbia River, to Fort Victoria in 1849. In the same year
Sir James Douglas moved to Victoria, where he built a comfortable colonial house overlooking the little inlet named James Bay
in his honour. He was appointed Governor of Vancouver Island
in succession to His Excellency Richard Blanshard. Governor
Douglas, having been succeeded by His Excellency A. E. Kennedy
in 1863, moved to New Westminster to finish his term as Governor
of the Mainland Colony. Sir James Douglas was created a Knight
Commander of the Bath in 1864 in recognition of his great services
Colonist,
Aug. 4th, 5th,
8th, 1877.
Bee also
Howay,
History of
B.C., Vol. II.
Gosnell,
Douglas,
Makers of
Canada series. 14
Preface.
to the Colony and to the Empire in the days of the gold-rush. He
was indeed the outstanding character and central figure of that
fascinating period in the earlier history of British Columbia.
E. O. S. SCHOLEFIELD,
Provincial Archivist.
mmKmmm mm.
MINUTES
OF THE
COUNCIL OF VANCOUVER ISLAND, 1851-1861.
•I fl
T>E it remembered, that on this 30 day of August, in the year
-*-* of Our Lord one thousand eight hundred and fifty-one, at
a Council held at Victoria in Vancouver's Island by Richard
Blanshard, Esquire, Governor of the said Island, the following
members having been provisionally appointed by an instrument in
the name of Her Majesty Queen Victoria, and sealed with the
Public Seal of the Colony of Vancouver's Island, and the oath of
allegiance having been duly administered to them, took their seats
in Council:—
James Douglas, Senior Member,
John Todd,
James Cooper.
The said Members constituting a quorum, having taken their
seats,
The Governor announced his having resigned the office of
Governor of the Colony, and till the arrival of a fresh commission
the Senior Member of Council would fill the place according to
the instructions of which a printed copy were laid on the table.
The said Members of Council have hereupon resolved that they
will meet at such times and in such places as may be hereafter
appointed for the consideration of public affairs. This 30th
August, 1851.
Minutes of a Council held at Fort Victoria, in Vancouver's
Island, by James Douglas, Esqr., Governor of the said Island, this
28th day of April, 1852.   The following Members being present :—
John Tod,
James Cooper,
Rodk. Finlayson.
The said Members constituting a quorum—having taken their
seats—the Governor produced and read:—
1. A letter, addressed to him by James Cooper, proposing to
nominate G. Langford, Esqr., to discharge the duties of the said
James Cooper as Councillor by proxy during his temporary absence
from the Colony. The Governor remarked on the subject of that
communication, that his instructions from the Crown gives him
no authority to admit such nominations. The appointment of
Councillors is vested in the Crown and the duties of the office
must be discharged by the Members in person. The Governor then
proceeded to read over the 4th, 5th, 6th, 7th, and 8th paragraphs
His Excellency-
Governor
Blanshard
appoints  Legislative Council.
The Governor
announces his
resignation.
Voting in
Council by
proxy illegal. 16
Minutes of Council,
Sale of spirits.
Governor suggests duty of
five per cent.
Only twenty
settlers.
Customs duties
considered
inexpedient.
of Her Majesty's Instructions, prescribing the manner of appointment, the privileges and duties attached to the office of Members
of Council. And this minute of that communication is made in
compliance with Her Majesty's royal, pleasure as signified in the
8th paragraph of the Governor's Instructions.
2. The Governor then submitted for inspection the accounts of
supplies made by the Hudson's Bay Company for Colonial purposes,
which were found correct and approved, except in the instance of
the surveyor's salary, amounting to £372/12/, which James Cooper
objected to as a Colonial charge ; but approved of its being defrayed
out of the proceeds arising from sales of land.
3. A proposal was next made for revising the law regulating
the importation and the sale of spiTits in the Colony, but not
considered expedient, as the existing law appears free from any
material defect.
The Governor next proposed that a law should be passed
adapted to the circumstances of the Colony regulating the relations of employer and servant and for punishing offences such as
insolent language, neglect of duty, and absence without leave of
the employer by summary infliction of fine or imprisonment. The
measure considered highly important and necessary; deferred for
consideration.
A plan was next submitted by the Governor for the consideration of Council for raising a permanent revenue by imposing a
duty of five per cent on all imports of British and foreign goods.
It was objected to that measure that it would prove a bar to the
progress of settlement, impose a heavy burden upon settlers from
England importing implements and furniture, and that in the
present state of the Colony, there not being above twenty settlers
on the whole Island, the sum arising from the duty would not
much exceed the expense of the officers necessary for its collection.
An Act to be prepared and taken into consideration hereafter.
The Council was then adjourned until 2 o'clock in the afternoon of Friday, the 30th inst
Friday, 30th April (1852).
The Council again met this morning, the Governor and the
following Members being present, vizt:—
John Tod,
James Cooper,
Roderick Finlayson.
It not appearing  expedient to the Council  to  impose  any
Customs duties on imports in the present state of the Colony, the
measure was postponed for further consideration.   No other business entered upon at this meeting and the Council adjourned. Vancouver Island.
17
Tuesday, 5th October.
The Council met this day, at the hour of 10 in the morning,
for the transaction of business, and the Governor and the following
Members were present, vizt :—
James Cooper,
Roderick Finlayson.
The Councillors present being insufficient to form a quorum in
consequence of the absence of Mr. Tod, the Council adjourned until
10 o'clock on Wednesday, the 6th inst.
Wednesday, the 6th October (1852).
The Council met this morning at the hour of 10, the Governor
and the same Members, with the addition of Mr. Tod, being present,
as yesterday.
The Act regulating the importation and sale of spirituous
liquors on Vancouver's Island, containing some passages which
have given rise to questions as to its real meaning, it was proposed by the Governor that the first, second, and third clauses
should be altered and amended, so as to render the meaning and
intent of the Act plain and clear. Agreed that such alterations
shall be made and submitted for the consideration of Council.
Moved by the Governor that only two classes of licences for the
sale of spirituous liquors shall be granted in Vancouver's Island,
vizt.:—
Wholesale licences and retail licences.
That a wholesale licence shall be construed to mean the sale
of spirits by the cask or case as imported. And that a retail
licence shall authorize the sale of smaller quantities of spirits for
reasonable refreshment, tô be consumed on the premises.
That we consider it derogatory to the character of a member
of Council to be a retail dealer in spirituous liquors, or to follow
any calling that may endanger the peace or be injurious to public
morals.
The Council then adjourned till Tuesday, the 12th inst.
12th October (1852).
The meeting of Council appointed for this day was postponed
sine die.
At the Council held on the 6th inst. the following appointment was made by the Governor, with the advice and consent of
Council, vizt: James Sangster to be Collector of the "Customs
for Vancouver's Island."
2
1
Bill respecting
Importation and
sale of spirituous liquors.
Members of
Council not to
deal in spirituous liquors.
Mr. James
Sangster
appointed
Collector of
Customs. 18
Minutes of Council,
Magistrates
and Justices
of the Peace.
Qualifications
of Justices of
the Peace.
Magistrates
to be allowed
£1 a day.
Excessive importation of
spirituous
liquors.
Licence fees.
£100.
£120.
Wholesale
licence.
29th   March,   1853.
The Council met at the hour of 10 this morning, the Governor
being present and the following Members:—
John Todd, Senior Member,
James Cooper did not appear,
Roderick Finlayson.
The Governor requested the advice of Council in respect to
the expediency of appointing qualified persons to act as Magistrates and Justices of the Peace in the several districts of the
Colony, and proposed that the following gentlemen should be
appointed to that office, vizt. :—
Edward E. Langford, Esqre Esquimalt District
Thomas J. Skinner,      „      Peninsula.
Kenneth McKenzie,       „      ,
Thomas Blenkhorn,      , Metchosen.
No Resident of Soke District qualified
to act as Magistrate Soke.
Resolved, That it is expedient, in consequence of the small
number of persons possessed of sufficient property in the Colony,
to dispense with the qualification as to estate in the appointment
of Justices of the Peace, required by the Act of Parliament made
in the 18th year of the reign of His Majesty George the Second,
provided only that the said Justices of the Peace be faithful and
true men loyal to Her Majesty the Queen, of experience in
business, and of good repute in the counties where they reside.
Secondly. As an inducement to exercise the duties of Magistrate, that said Justices be permitted to charge at the rate of £1
sterling per diem for their services, over and above the customary
costs of suit, hi all civil cases, only, which they are hereby
authorized to levy on the parties concerned as part costs of suit.
A Table of Fees to be drawn up without delay.
The Governor next suggested to Council the propriety of
taking into consideration the best means of restraining the abuse
and excessive importation of spirituous liquors into this Colony.
It not being considered properly within the jurisdiction of the
Governor in Council without the consent of the representatives of
the people to impose Customs duties on imports, he proposed that
a duty should be charged on all licences granted to inns, public
or beer houses, and it was therefore resolved, That there shall be
levied, collected, and paid upon the licences hereby authorised the
duties following, that is to say : For every wholesale licence, the
annual sum of one hundred pounds; for every retail licence, the
sum of one hundred and twenty pounds. The said duties to be
under the management of the Governor and Council.
It is further resolved, That a wholesale licence shall be
construed to mean the sale of spirits by the cask or case, as Vancouver Island.
19
imported, and that a retail licence shall authorise the sale of
smaller quantities of spirits for reasonable refreshment, to be
consumed on the premises. It is provided, however, that it shall
be lawful for wholesale dealers, notwithstanding what has been
resolved, above, to sell spirituous liquors to farmers or other
persons possessed of landed property, residing at a distance from
any licensed ale-house, in any quantities not under two gallons,
provided the same be intended to be consumed on the premises for
the household use of such farmers, or their servants, and not
for sale.
The subject of public instruction was next brought under the
consideration of Council. Applications having been made from
various districts of the country for schools, it was resolved that
two schools should be opened without delay, one to be placed on
the peninsula, near the Puget Sound Company's establishment, at
Maple Point, and another at Victoria, there being about thirty
children and youths of both sexes, respectively, at each of those
places.
It was therefore resolved, That the sum of £500 be
appropriated for the erection of a school-house at Victoria, to
contain a dwelling for the teacher, and school-rooms, and several
bedrooms, and that provision should be made hereafter for the
erection of a house at Maple Point.
Resolved, That the Council do now adjourn till Thursday,
the 31st day of March.
Thursday, 31st March (1853).
The Council again met this morning, the Governor and the
following Members being present,  vizt:—
John Tod,
Roderick Finlayson,
James Cooper did not appear.
Edward E. Langford appeared before Council, and after taking
the oath of allegiance, and qualification as to estate, received a
provisional appointment as Magistrate and Justice of the Peace
for the District of Esquimalt and twenty miles around it
The Council then resumed the subject of the school, and fixed
upon a site near Minies Plain, and that the size of the building
should be 40 feet long by 40 feet broad.
A Commission of two persons—
The Honble. John Tod, Senior Member of Council,
Robert Barr, Schoolmaster—
were then appointed to carry this measure into effect, and to report
from time to time their proceedings to the Governor and Council.
The Council then  adjourned,  there not being a  sufficient
number of Members present to form a quorum.
Retail licence.
Sale of
liquors to
farmers.
Public schools.
£600 for
school-house
at Victoria.
Mr. Edward
E. Langford
appointed J.P.
Public school
near Minies
Plain.
Committee
appointed.
**** 20
Minutes of Council,
Mr. John Work
appointed
Member of
Council.
Justices of the
Peace, importation of liquors,
and public
school.
Committee
appointed to
lay ont road
between
Victoria and
Sooke.
Petty sessions
and Quarter
Sessions.
Thursday, the 7th April (1853).
The Council met this morning in pursuance of a notice to
that effect issued on Tuesday, the 5th inst, the Governor being
present and the following Members, vizt. :—
John Tod, Senior Member,
James Cooper,
Roderick Finlayson.
The Governor informed the Council that he had appointed
John Work, Esqre., to be a Member of Council, and the oath of
allegiance having been administered to him in presence of the
Council, he took his seat at the Council Board. The Council then
proceeded to the review and consideration of the measures proposed on Tuesday, the 29th March, and Thursday last, and it was
Resolved, That the resolutions made on Tuesday, the 29th
day of March, and on Thursday, the 31st day of March last, be
confirmed and ratified, and the same are hereby confirmed and
ratified.
That the Council do now adjourn.
It was also resolved before the adjournment of the Council
held on the 7th day of April aforesaid, That a Committee of four
be appointed to examine the country between Soke and Victoria
for the purpose of selecting a line of road to connect those places,
and to submit a report on the same, with an estimate of the cost
of constructing said road, for the consideration of the Governor
and Council, and that the said Committee do consist of the following Members, vizt. :—
James Cooper, Member of Council;
John Work, Member of Council;
Ed. E. Langford, J.P.;
J. D. Pemberton, Surveyor-General.
It was also resolved at the same meeting of the Council aforesaid, That for the better and regular administration of Justice,
that a petty session of one or more Justices of the Peace be held
on the first Thursday of every month, and that a general Quarter
Sessions of the Peace be held in every quarter, beginning with the
first Thursday of July next ensuing, to hear and determine cases,
and to do justice to all who may apply.
Tuesday, the 20th day of September, 1853.
The Council having met this morning pursuant to summons,
the Governor being present and the following Members, vizt :—
John Tod, Senior Member,
John Work,
James Cooper,
Roderick Finlayson—
proceeded to the consideration of certain matters connected with Vancouver Island.
21
the jurisdiction of the Justices' Courts in civil cases. The Governor laid before the Council copy of the evidence taken in a case
Webster versus Muir, lately tried at this place in the Justice's
Court, involving a large sum of money, the damages claimed by
plaintiff being several thousand dollars in amount The Governor
called the attention of Council to the defective manner hi which
the record was kept: there being no statement of the case, nor of
the cause of complaint, which, moreover, cannot be ascertained
from the record. The Jury nevertheless gave the following
verdict :—
"We, the Jury, find a verdict for the plaintiff for illegal
detention of cattle belonging to said plaintiff, 2,213 dollars with
costs."
The whole case appearing to have been improperly managed
owing entirely to the inexperience of the Justices present, the
Governor advised that the jurisdiction of the Justice's Court should
be limited in civil cases to suits not exceeding the sum of £100.
The Council adjourned, without coming to any decision, to Friday,
the 23rd day of September.
Friday, 23rd September (1853).
The Council met this morning according to adjournment, the
Governor being present and the same Members as were assembled
on Tuesday, the 20th inst., and proceeded to the consideration of
the matter then referred to them by the Governor concerning the
jurisdiction of the Justices' Courts, and it was unanimously
resolved that said Courts should have no jurisdiction in civil
cases wherein the damages claimed exceed the sum of one hundred
pounds sterling, and that a Court be established, to be called the
Court of Common Pleas, with power and jurisdiction in all civil
cases wherein the damages claimed shall not exceed the sum of
£2,000 sterling money.
That a Judge shall preside hi such Court, and shall cause
records to be kept of all his proceedings, and of all sums awarded
as damages, and of all costs levied, in said Court
That an appeal shall lie from said Court to the Governor and
Council.
That a salary of one hundred pounds sterling per annum shall
be paid to the Judge of said Court for his services.
That David Cameron be appointed Judge of said Court, and
be required to draw up the rules and regulations of said Court as
soon as convenient, and to lay the same before the Governor and
Council for their consideration and approval.
The Council next proceeded to establish regulations concerning the cutting and removal of timber from the public lands, and
it was resolved that—
Jurisdiction
of Justices'
Courts.
Webster
versus Muir.
Limitation
of actions in
Justice's Court.
Court of
Common Pleas.
Judge to
keep records.
Mr. David
Cameron
appointed
Judge.
Timber
regulations. Minutes of Council,
1. That the Collector of the Customs shall have authority to
issue permits for cutting timber on the public lands, and to levy
a duty of tenpence on every load of timber of 50 cubic feet
2. That no timber be cut on the public lands without a permit,
under a penalty of £10 and the forfeiture of the said timber.
3. That no person, not being a subject of Her Majesty the
Queen and a resident of Vancouver's Island, shall cut timber on
the public lands under a penalty not exceeding £20.
4. That all persons cutting timber on the public lands shall
make a true and correct return of the same to the Collector of
the Customs, who may cause said timber to be remeasured, at
the cost of the persons claiming the same, should he see cause to
doubt the correctness of said returns.
That the Collector shall charge a fee of one pound sterling
on every timber licence which shall be issued by him.
The Council then adjourned.
Thursday, 2nd December, 1853.
The Council having met this morning pursuant to summons,
the Governor being present and the following Members, vizt:—
John Tod, Senior Member,
James Cooper,
Rod. Finlayson,
John Work,
The Governor proceeded to lay before the Council a letter
Which he had received from Robert Barr, Clerk of the Peace,
containing a copy of certain resolutions passed by the Justices,
at their monthly Session held on the 3rd day of November last,
to the effect that the following scale of fees be adopted in carrying
on proceedings in the Justice's Court, vizt :—
s.
One summons   12
Appearance of plaintiff .. 3
Swearing each witness .. 2
Examining each   do.     ..    2
Sentence      8
Warrant of execution ... 8
Constable executing do. 4
and requesting the Governor and Council to allow a portion of
the fines levied in the Justice's Court to be applied to the payment
of the Magistrates for their services at the monthly Session, and
also making application to have the rate of fees payable to Jurors
fixed by enactment.
It was thereupon resolved, That the Justices be authorised
to adopt in all their future proceedings the Tariff of Fees recommended in their said resolutions, and that an Act be forthwith !
d.
Court.
Clerk.
Constable.
0
1/3
1/3
1/3
0
2/3
1/3
0
y3
%
0
y3
%
0
%
%
0
%
y2
0 ■VMR
Vancouver Island.
23
prepared to regulate Fees in Office, and that the Governor be
authorized to pay the Magistrates for their services, at the monthly
Sessions, out of the fines levied in the Justice's Court.
A letter was then read, which the Governor had received from
Mr. Robert Barr, Colonial Teacher, proposing that the children
placed under his superintendence for tuition should be boarded
at the following rates, vizt.:— Per Annum.
To the officers and servants of the Hon.
Hudson's Bay Company 16 guineas.
To the Colonists not servants of the Hon.
Company 18 guineas.
To non-residents on Vancouver's Island,
non-servants of the Hon. Compy. 20 guineas.
It was resolved, That Mr. Barr be permitted to make the
following charges for the board of pupils, vizt:—
For the children of Colonists residents of
Vancouver's Island, and of servants of
the Hudson's Bay Company 18 guineas per
For the children of non-residents,  not    annum.
being servants  of the Hudson's Bay
Company   Any    sum    that
may be agreed
upon with the
parties.
An Act was then passed in pursuance of the resolutions of
the 23rd day of September last, to establish a Supreme Court of
Civil Justice with jurisdiction over the whole Colony and its
Dependencies in all matters of law or equity, where the amount
in dispute is fifty pounds sterling and upwards, and the oaths
of allegiance, &cc, were duly administered to David Cameron,
Esqre., as Judge of said Court.
It was then resolved, That the sum of one hundred pounds
sterling be appropriated out of the proceeds arising from the
duties on licensed houses and applied to the payment of the
salary allowed to the Judge of the Supreme Court, and that the
Governor be, and is hereby authorised to cause the same to be
paid by quarterly instalments, as they become due.
It was also resolved, That a Committee consisting of three
persons be appointed to enquire into, and report upon, the state
of the Colonial School, and to hold quarterly examinations to
ascertain the progress made by the pupils, and that the following
persons do constitute the said Committee, vizt:—
John Tod, Senior Member of Council;
Roderick Finlayson, Member of Council;
Thomas J. Skinner, J.P.
That this Council do now adjourn.
Magistrates
to be paid
out of fines.
Fees for
tuition in
public schools.
Supreme Court
of Civil Justice
established.
Hon. David
Cameron
appointed
Judge of said
Court.
Committee
appointed to
report upon
Colonial school.
Copied and
transmitted to
England up to
this date.—
(Signed)  J. D. 24
Minutes of Council,
Hon. John
Work's appointment to Council
approved by
Her Majesty.
Mr. Sangster's
appointment
as Collector
of Customs
approved.
Colonial School
accounts.
£50 granted
to Mr. Robert
Barr.
Wednesday, 12th July (1854).
The Council having met this morning pursuant to summons,
the Governor being present and the following Members, vizt. :—
John Tod, Senior Member,
James Cooper,
Roderick Finlayson,
John Work,
The Governor communicated to the Council that the provisional appointment of John Work, Esquire, to be a Member of
the Council of Vancouver's Island had met with Her Majesty's
approval, as stated hi Despatch No. 13 from His Grace the Duke
of Newcastle. The oaths of allegiance and abjuration were then
administered to the said John Work. The Governor then communicated to the Council that Mr. Sangster's appointment tq the
office of Collector of Customs for Vancouver's Island had been
confirmed as per Despatch No. 2, of 10th February, 1853, from
His Grace the Duke of Newcastle.
The Governor laid before the Council an account received
from Mr. Robert Barr, Master of the Colonial School, amounting
to £36.5.11, being the sum expended by him in completing the
school-house, papering the bedrooms, enclosing and bringing into
cultivation a small kitchen garden, and for various other fixtures
and improvements, as stated in said account. That amount
ordered to be paid and charged to Vancouver's Island Trust Fund.
The Governor then read a letter from the said Robert Barr,
stating that his expenditure on account of the school  was  in
excess of his income, and praying that his case may be taken into
consideration by the Governor and Council, and relief granted to.
him.   It was in consequence
Resolved, That the sum of fifty pounds sterling be appropriated for the relief of Mr. Robert Barr and charged to Vancouver's
Island Trust Fund.
A petition from James Yates was then read, praying that
the form of the retail spirit licence might be altered as to authorise
publicans to sell spirits by the bottle to be consumed off the
premises.
Petition approved.
The following appropriations were then voted for public
purposes, vizt:—
For" erecting "a~ Court-house £500     "
For making roads and bridges   £500
Towards finishing the Church   £500
The Council then proceeded to consider the state of the
country, and the means of defending it against the Queen's enemies
In the case of invasion. PII
i
Vancouver Island.
25
The Governor proposed to call out and arm all the men in
the Colony capable of bearing arms, and to levy and arm an
auxilliary body of native Indians. It was urged as an objection
to that measure that the small number of whites in the settlement
could collectively offer no effectual resistance against a powerful
enemy; and it was considered dangerous to arm and drill the
natives, who might then become more formidable to the Colony
than a foreign enemy. Several other objections were made to
the measure, but the reasons above stated are the most important.
It was therefore deemed expedient to leave the defence of the
Colony against the attempts of Russia to the care of Her Majesty's
Government, and not to call out the militia of the Colony. It
was, however,
Resolved, as a means of protection, to charter the Hudson's
Bay Company's Propeller "Otter," armed and manned with a
force of thirty hands, including Captain, Officers, and Engineers,
and to employ her in watching over the safety of the settlements,
until Her Majesty's Government take some other measures for
our protection; and that arrangements be immediately made to
carry that resolve into effect
That this Council do now adjourn.
Thursday, 3rd August, 1854.
The Council having met this morning pursuant to summons,
the Governor being present and the following Members, vizt:—
John Tod, Senior Member,
John Work,
James Cooper not having appeared at half-past eleven o'clock,
and Roderick Finlayson, the other Member of the Council, having
lately left the Colony, by permission, on a short excursion for the
benefit of his health, the Governor, notwithstanding the absence
of a sufficient number of members to constitute a Council, proceeded to lay before the Members present the draft of an Act,
prohibiting the Gift or Sale of Spirituous Liquors to Indians,
which he recommended should immediately receive their sanction
and become law of the Colony, as many complaints had been made
of excesses committed by drunken Indians, which could not otherwise be checked without endangering the peace of the Colony.
The Act was immediately passed, with the assent of James Cooper,
who arrived at Government House about 5 o'clock p.m.
After said Act was passed the Council adjourned.
Raising  of
armed force
to protect
Colony against
Russia.
"Otter"
armed and
Sale of liquor
to Indians. 26
Minutes of Council,
Fugitives from
justice in the
United  States.
Seizure of
sheep on San
Juan Island.
Colonial
accounts.
Northern
savages menace
Colony.
Thursday, 21st June, 1855.
The Council having met this morning pursuant to summons,
the Governor being present and the following Members, vizt:—
John Tod, Senior Member,
James Cooper,
Roderick Finlayson,
John Work,
The Governor proceeded to lay before Council a correspondence with Samuel McCurdy, Esqre., Commissioner for the United
States, relative to certain fugitives from justice who had fled
from Vancouver's Island with a boat and other property abstracted
from the ship "Marquis of Bute."
The offenders were apprehended and committed to gaol by
Mr. McCurdy on the strength of the evidence contained in the
warrant issued by the British Magistrate, but were subsequently
released from custody in consequence of a communication from
Governor Stevens, declaring his opinion that the case did not come
within the provisions of the Treaty between Great Britain and
the United States, ratified on the 22nd August, 1842.
The bill of charges for the apprehension and commitment of
those offenders, amounting to 202 dollars and 30 cents, was also
laid before the Council, who
Resolved, That the Governor be authorised to pay the sum of
102 dollars and 30 cents on the said bill of charges, the property
belonging to the " Marquis of Bute " in possession of the United
States Courts being considered equivalent to the balance of said
account.
The Governor also laid before the Council the report of Charles
Griffin, Esqre., on the outrage committed by certain American
citizens who were concerned in forcibly carrying away a number
of valuable sheep, the property of British subjects, from the Island
of San Juan, and also the Governor's correspondence on that
subject with Governor Stevens.
The expenditure made on account of the Colony, amounting
for the year ending on the 31st day of Octr., 1854, to the sum of
£3,512/18/9, was then laid before the Council, and the accounts
submitted for audit and examination.
Those being found correct, the amount was ordered to be paid.
Defence op the Country.
The Governor, having represented to the Council that much
alarm existed among the Colonists in consequence of the great
number of Northern Savages who had lately arrived, and were
now scattered over the settlements, and that he was often called
upon to settle differences arising between those savages and the
settlers, and that those differences were often carried to dangerous
lengths, and might lead to very serious consequences, involving XX3^
Vancouver Island.
27
the loss of life and property, suggested that a force should immediately be raised and placed at his disposal to meet such emergencies.
It was resolved, That a Company of ten, to consist of 8
Privates, 1 Corporal, 1 Sergeant, besides a competent officer to
act as Commander, be immediately raised and maintained at the
public expense until the Northern Savages leave the settlements;
and that the pay to be allowed to persons joining the said company
is not to exceed the following rates:—
Privates 30 dollars per month with rations.
Corporals   31 dollars per month with rations.
Sergeants  33 dollars per month with rations.
Their arms and accoutrements to be also provided at the
public expense.
The following appropriations were then made for carrying
on the public works contemplated for the year, vizt:—
For the erection of a public hospital,  £1,000
For the erection of a Court-house      500
Ditto, roads and bridges       500
That John Work and Roderick Finlayson, Members of this
Council, and James Yates, Merchant, be appointed to act as Commissioners for the purpose of employing labourers and conducthig
the work connected with the road to be opened on the east bank
of the Victoria Arm, and that they be authorised to draw upon
the Hudson's Bay Company in furtherance of that object for the
sum of £250, to be paid out of the appropriation for roads.
And that the said Commissioners are required to account for the
expenditure of the said sum.
That this Council do now adjourn.
27th February, 1856.
The Council having met this morning pursuant to summons,
the Governor being present and the following Members, to wit:—
John Tod, Senior Member,
James Cooper,
Roderick Finlayson,
John Work,
After a brief review of the proceedings of the Executive since
the last meeting of Council, and of the state of the Colony, the
Governor proceeded to lay before the Council certain Regulations
touching the sale and registry of land which it is deemed expedient
to establish without delay, and also to authorise the levying of
certain fees for the purpose of defraying the cost of such registration, it was
Resolved, That the said Regulations be passed, and that the
Colonial Surveyor be required to cause the same to be observed
in all the Land Offices of Vancouver's Island.
First Colonial
Militia.
Building of
road on east
bank of
Victoria Arm.
Regulations
respecting
sale and
registry of
land.
i!  i\
ill 28
Minutes of Council,
Public scbools.
Rev. Edward
Cridge
appointed
Member of
Committee.
Military force
to protect
Colony  against
Northern
Indians.
Company of
30 men
authorised.
Appropriations.
The Governor then called the attention of the Council to the
subject of the Publick Schools, and recommendM that the Revd.
Edward Cridge, District Minister of Victoria, should be appointed
a Member of the Committee for inquiring into and reporting upon
the state of the Publick Schools, It was then
Resolved, That the Revd. Edward Cridge be, according to the
Governor's recommendation, appointed a Member of the said Committee, and be requested to hold quarterly examinations and to
report on the progress and conduct of the pupils, on the system
of management, and on all other matters connected with the
District Schools which may appear deserving of attention.
The Governor then directed the attention of Council to the
defence of the country, which is at present entirely destitute of
any military force; while the Northern Indians are beginning to
arrive in the settlements, and it is reported on the authority of
the Hudson's Bay Company's officers that a very large body of
those savages may be expected this summer.   It was therefore
Resolved, That a Company of thirty, to consist of 1 Lieutenant,
1 Sergeant, and 2 Corporals and 26 Privates, be immediately raised
and maintained at the publick expense until the Northern Indians
leave the settlements, and that the pay of persons joining the said
Company is not to exceed the following rates, vizt :—
Privates  30 dollars a month with rations.
Corporals 31      „ „ „ „
Sergeants 33       „ „ „
Their arms and accoutrements and one suit of uniform clothes
to be also provided at the publick expense.
The following appropriations were then made for the service
of the year and for carrying on the publick works in progress,
vizt:—
For the erection of a Court-house £500
For roads and bridges  500
That £200 of the above appropriation for roads and bridges
be considered applicable to the construction of the road on the
east side of the Victoria Arm, and the other £300 for the other
roads in progress.
Resolved, That this Council do now adjourn.
4th June, 1856.
The Council having met this morning pursuant to summons,
the Governor being present and the following Members, to wit:—g
John Tod, Senior Member,
James Cooper,
Roderick Finlayson,
John Work, MPI
Vancouver Island.
29
The Governor proceeded to lay before the Council certain
instructions lately received by him from the Secretary for the
Colonies, instructing him to call General Assemblies of the people
for the purpose of carrying Her Majesty's instructions fully into
effect and for other objects. The subjects were freely discussed,
and the Council adjourned at 3 o'clock pjn. till Monday, the 9th
of June.
9th June, 1856.
The Council having met this morning pursuant to adjournment,
the Governor being present and the following Members, vizt :—
John Tod, Senior Member,
James Cooper,
John Work,
Resume the consideration of Her Majesty's instructions for
calling  General  Assemblies  of the freeholders  of  Vancouver's
Island.   The subjects under consideration on the 4th inst. were
as follows, vizt.:—
The property qualification of Members serving in the General
Assembly :
The property qualification of voters:
The right of absentee proprietors to be represented in the
General Assembly.
The Governor laid down as a principle that the custom or
practice observed in England should, as far as possible, be adopted
in the Colony hi framing the rules for elections, and proposed
that—
The ownership of £300 of freehold property or immovable
estate should constitute the qualification of a Member of
the Assembly:
That absentee proprietors shall be permitted to vote through
their agents or attorneys:
That the qualification of voters should be the ownership of
20 acres of freehold land or upwards, as required by his
instructions from the Crown.
The Council expressed their unanimous concurrence with those
suggestions, and the proposed regulations are finally settled and
approved.
It was then resolved, That the settlements should be divided
into four electoral districts, vizt:—
The country east of Victoria Arm, and of a line from thence
running in a northerly direction towards Sanitch so as to
include Peers' farm :
The country west of Victoria Arm and east of Pedder Bay,
including McKenzie's and the farms west of Colquot's
River:
Instructions
from   Secretary
of State for
Colonies to
call House
of Assembly.
Consideration
of Her
Majesty's
instructions
touching
General
Assembly.
Property
qualification
of Members
and voters.
Four electoral districts.
Victoria
District.
Esquimalt
District. Minutes of Council,
From Pedder Bay to "Otter" Head, the headland beyond
Soke:
Colvile Town.
It was then resolved, That this Council do now adjourn.
2nd August, 1856.
The Council having met this morning pursuant to a summons
issued on the 1st of this present month, the Governor being present
and the following Members, vizt.:—
John Tod, Senior Member,
Roderick Finlayson,
John Work,
The Governor then laid before the Council for their consideration the draft of an Act having for its object the arrangement of
the affairs of the Victoria Church, to be entitled " An Ordinance
establishing Regulations for the Arrangement of the Affairs of
the Victoria Colonial Church." The Council having read and
approved the several clauses of the Act, it was duly passed, and
the Council then adjourned.
14th February, 1857.
The Council having met this morning pursuant to a summons
issued on the 13th of this present month,.the Governor being
present and the following Members, vizt. :—
John Tod, Senior Member,
Roderick Finlayson,
John Work,
The Governor then proceeded to lay before the Council "An
Act granting the Sum of £130 for defraying the Unavoidable [
Expenses of the House of Assembly," which was read for the third
time and passed the House on the 18th day of December last
The Council having read several clauses of the said Act, it was
proposed as an amendment that the following words should be
omitted in the preamble, that is to say: "Attending the conduction of the business," and the following words in the 8th clause,
vizt.: "Licences of July 16th, 1856"; and that the Act be as
follows :—
A Bill granting certain Sums of Money for the Use of the
House of Assembly of Vancouver's Island.
Whereas it is necessary that certain sums of money be voted
for defraying the unavoidable expenses of the House of Assembly
of Vancouver's Island:   Be it therefore enacted:— Vancouver Island.
31
1st. That £50 sterling be placed at the disposal of His
Excellency the Governor to defray the expenses of copying statistics and documents for the use of this House.
2nd. That £10 sterling be granted to Mr. Robert Barr for his
past services as Clerk of this House.
3rd. That £5 sterling be granted to Mr. Andrew Muir for his
past service of Sergeant-at-Arms.
4th. That £25 sterling be allowed for the salary of the Clerk
of the House for the year 1857.
5th. That £15 sterling be allowed for the salary of the
Sergeant-at-Arms and Messenger for the year 1857.
6th. That £20 sterling be granted for lighting, heating, and
furnishing the House of Assembly for the year 1857.
7th. That £5 sterling be granted for stationery for the use of
the Members of the House of Assembly.
8th. That the above items be paid out of the revenue derived
from the duty charged on licensed houses.
The Act as so amended was approved and passed.
The Governor then proceeded to lay before the Council a letter
from Chief Justice Cameron, transmitting a copy of the "Rules
and Manner of Proceeding to be observed in the Supreme Court of
Civil Justice of Vancouver's Island," drawn up in virtue of the
authority vested in the Court by Her Majesty's Order in Council,
dated the 4th day of April, 1856, which was submitted for the
approval of Council. This document was before the Council until
evening, when an adjournment took place to Monday, the 16th
instant.
Monday,  February 16th, 1857.
The Council met this morning pursuant to adjournment, the
Governor and the same Members being present as on Saturday,
the 14th of instant.
Proceeded with the reading and consideration of the "Rules
and Manner of Proceeding of the Supreme Court" for the
remainder of the day, and then adjourned to Tuesday, the 17th
instant.
Tuesday, February 17th, 1857.
The Council met this morning according to adjournment, the
Governor and the same Members being present as on Monday, the
16th of instant.
Completed the reading and consideration of the "Rules and
Manner of the Proceeding of the Supreme Court," which were
unanimously approved and passed in Council.
The Council then adjourned.
1
Supreme
Court Boles.
Supreme
Court Rules.
Marginal note
in the
Governor's
handwriting :
" Copy sent
home." njimim
Minutes of Council,
Hon. John
Tod resigns.
11th October, 1858.
The Council having met this morning pursuant to a summons
issued on the 8th of this present month, the Governor being present
and the following Members:—
Roderick Finlayson.
John Work,
The Governor then informed the Council that he had received
a communication from Mr. Tod, resigning his office as a Member
of the Council.
The Council then adjourned to Wednesday, the 13th instant,
there not being a quorum.
13th October, 1858.
The Council having met this morning pursuant to adjournment, the Governor being present and only one Member, John Work
(Mr. Finlayson being unavoidably absent on public business),
The Council adjourned, there not being a quorum.
15th November, 1858.
The Council met this morning pursuant to a notice issued
the preceding day, the Governor being present and the following
Members :—
Roderick Finlayson,
John Work.
The Governor informed the Council that he had appointed
Donald Fraser, Esquire, to be a Member of Council ; and the oath
of allegiance haying been administered to him in presence of the J
Council, he took his seat at the Council Board.
The Council then proceeded to consider the following Bills,
viz.:—
" A Bill to amend the Law relating to Inns and Beer Houses."
"A Bill of Supply granting Sums of Money for the Improvement of certain Roads and Streets in the Town and District of
Victoria, and for the Use of the House of Assembly ; the said Sums
to be paid out of the Fund to be received from the Duties raised
from Licensed Houses for the Sale of Wines, Liquors, &c."
" An Act to amend the Law relating to the Licensing of Inns,
Public and Beer Houses."
These Bills after amendment by the Council were duly passed.
The Council then adjourned. Vancouver Island.
33
December 1st, 1858.
The Council met this afternoon pursuant to a notice issued
in the morning, the Governor being present and the following
Members :—
Roderick Finlayson,
John Work,
Donald Fraser.
The Governor  then  introduced  an  "Act to  authorize the
Registering or Recording of Conveyances, Deeds, and other Instruments in Writing affecting Real Estate; and to create the office
of Registrar-General of the Colony of Vancouver's Island and to
define his Duties."
After the discussion of certain amendments by the Council, the
further consideration of the Act was postponed to another day.
The Council then adjourned.
March 22nd, 1859.
The Council met this morning pursuant to a summons issued
on the 21st of this month, the Governor being present and the
following Members:—
Roderick Finlayson,
John Work,
Donald Fraser.
The Governor then submitted for the consideration of the
Council the "Act to provide for the Registering of Conveyances
and other Deeds, &c.," premising that since last Session it had
received the careful consideration and revision of Mr. Fraser and
Judge Begbie.
The Bill was then read a first time and unanimously approved.
The following points received the more especial consideration
of the Council :—
1. As to the addition of a clause providing for the registration
of wills in the Registrar's office.
2. As to whether judgments of Courts of Law, being liens on
real property, should be registered in this office.
3. As to the nature and amount of evidence requisite to entitle
1 deed to be registered, and especially how, in the case of the
death of the parties who had executed and attested the deed, its
genuineness should be determined.
4. The mode of registration of deeds executed before the
passing of this Act The two following cases were considered:
(1.) Of deeds executed after the passing of the Act and before the
31st May next (2.) Of lands sold on credit on which instalments
had been paid but the full payment of which would not be made
till after the above-mentioned period.
Registration
of conveyances,
deeds, etc. ;
Registrar-
General.
" Registration
of Deeds Bin."
If *re»
34
Minutes of Council,
" Registration
of Voters
bul»»
" Registration
of Deeds, &c."
Discussion on
" Alien Land
Titles."
Political
influence
of aliens.
Aliens to hold
land under cer:
tain conditions!
The further consideration of these cases was deferred.
The Governor then laid before the Council "A Bill for the
Registration of Voters," which passed the House of Assembly.
The Bill having been read a first time, the Council was
adjourned till to-morrow (Wednesday) at 10 a.m.
March 23rd, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
John Work,
Donald Fraser.
The minutes of the last meeting having been read and
confirmed,
The "Bill for the Registration of Deeds" was a second time
considered by the Council (v. Mar. 22).
In connexion with this Bill, His Excellency referred to a Bill
now in progress through the House of Assembly for the Quieting/;
of Alien Land Titles, and a lengthened conversation on the subject
of such titles ensued.
The suggestion of legislating on the subject by the introduction
of a clause into the " Registration of Deeds Bill " was objected toon the ground of its tending to change the laws of England by I
indirect enactment.
Certain objections against aliens being entitled to hold land
were discussed, namely, that the possession .of land would give to
aliens a certain political influence which, especially at a time when
the British element of the population was in its infancy, might
prove detrimental to the interests of the country.
The holding of lands by aliens without political privileges ;
accompanying the right might also give birth to discontent and
agitation.
On the other hand, it was thought that a liberal policy hi
reference to this question would rather tend to strengthen than
impede the Government.   And it was  further  thought that a I
measure (upon this subject) entitling aliens, on declaring their
intention to become British subjects and on their taking the oaths I
of allegiance, to hold land might tend to secure the good-will and i
pave the way for the naturalization of foreigners of various^
nations.
Such a measure might pave the way for the adoption of the.
widest form of the subject, which was expressed in the principle
that all persons should be allowed to deal in land and to hold and
transfer landed property with the same liberty and facility as in
any other article of merchandise. Vancouver Island.
In reference to the suggestion of communicating with the
Home Government before legislating on the subject, His Excellency
alluded to a despatch he had received from England last Jujy, in
which he was instructed to encourage the settlement of foreigners
in British Columbia with a view to stimulating the developement
of the resources of the country ; a despatch which His Excellency
interpreted to recommend, among other things, the pursuance of a
liberal policy with regard to the tenure of landed property by
aliens.
The case of aliens non-resident was also considered.
In the course of this discussion certain Acts were referred to,
namely :—
1. An Act to amend the Law relating to Aliens, 7 & 8 Victoria,
by which: (1) Aliens might hold land on lease for twenty years
with certain privileges; (2) aliens might by application to the
Secretary of State become entitled to hold land and to enjoy the
privileges of British subjects, with the exception of sitting in the
Privy Council or holding a seat in Parliament
2. An Act for " Quieting Estates and preventing Lawsuits " in
the Bermudas in the 6th Queen Anne.
3. An Act passed hi the Canadian Legislature (1858), entitled
i An Act to amend the Naturalization Laws," referring to another
Act of 12 Victoria, which was not found.
The Governor then laid before the Council the " Bill for the
Registration of Voters," which, being found imperfect in some of
its provisions and enactments and to require amendment, was
deferred to another session.
His Excellency then laid before the Council "An Act to
enfranchise the Town of Victoria," which passed the House of
Assembly June 1st, 1857, the passing of which by the Council had
been from various reasons deferred from time to time.
In connexion with this Bill, the Proclamation of the Governor
dividing the Colony into Electoral Districts and issuing writs
calling an Assembly of Representatives was referred to.
His Excellency also signified his intention of conferring with
the Lower House on the subject of this Bill,
March 25th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
John Work,
Donald Fraser.
The Governor introduced the subject of declaring Victoria a
free port.   His Excellency having been requested by the Home
Government to give his opinion on this subject had done so.   He
Despatch  from
England
relating to
settlement of
foreigners.
I    h
" Enfranchising the Town
of Victoria."
Conference
with " Lower
House." 36
Minutes of Council,
Trade with
England.
Foreign trade
and shipping.
Lighthouse on
Race Rocks.
considered the measure to be one the importance of which to the
interests of this Colony could not be overestimated.   For—
1. Nearly all the goods consumed in Vancouver Island, with
the exception of those which had been brought by the annual ships é
of the H.B. Company, were imported from San Francisco, where,
as hi other American ports,  an import and municipal  duties ;
amounting to about 30 per cent on the value were imposed on
all foreign goods.   The imports from San Francisco to Victoria.;
during the past year amounted to about £300,000, the import duty ;
on which paid at that port amounted to about £90,000.
By opening a direct trade with England and other producing
countries we should receive goods at rates exceeding the cost price i
by little more than the freight The " Guadalete " was the first
vessel, besides the H.B. Company's ships, which had brought goods
to this port direct from England; but she would soon be followed
by others, not only from England, but from other ports, and in pro- I
portion as this took place would goods of all kinds become cheaper
than under the old system of importing them from San Francisco. 9
2. Another advantage would accrue from the export trade, in
sending our produce, such as gold, &c., direct to England, instead
of, as now, to San Francisco.
3. The abundance and cheapness of our market under this
system would make it a centre of trade and attract ships from
ports on the Sound, from the Sandwich Islands, the Russian
American settlements, &c., who would discover that they could^
obtain supplies of flour, grain, and manufactured goods of various
kinds cheaper here than at San Francisco..
4. The value of all kinds of property, and especially of real
estate, would be enhanced.
It was remarked in reference to this subject that the people^
of San Francisco had already begun to make a market of Victoria/;
by buying goods here.
With regard to creating a revenue, there were various sources
available, such as a direct tax, taxes on trades, professions, &c, &c.
The Governor informed the Council that he had strongly urged I
on the Home Government the necessity of building a lighthouse ony
the Race Rocks, commonly called Rocky Point
His Excellency also informed the Council of a correspondence
he had had with the Home Government in reference to settling the i
Indians in permanent villages. He read a copy of a letter which!;
he had written in answer to one addressed to him by the Colonial
Secretary, making enquiries and suggestions on this subject In I
that letter he informed the Government that he had made anticipatory reserves hi the various districts, including the cultivated
fields and village sites of the Indians, and he proposed that the
Indians should be located on certain parts of those reserves, and Vancouver Island.
37
the remainder be leased and the proceeds applied to their temporal
and spiritual elevation ht building churches, schools, and houses
for them to live in, and providing them with teachers and ministers,
etc One feature of the system was to eventually make it self-
supporting. In the United States immense expense had been
incurred to very little purpose in settling the Indians. For
instance, Congress had made a grant for this purpose, for California alone, of 358,000 dollars hi one year, and yet through some
defect in the plan or administration the Indians are diminishing
and becoming more hostile and demoralised.
The " Bill for Enfranchising the Town of Victoria " was read
a second time.
Objection was raised to the qualification of £10 rental as too
low.
In connection with the question of voters, the case of those
British subjects who had renounced their allegiance and now
wished to return to it was discussed, and the oaths of renunciation
enforced in America were referred ( to ). The question whether they
should be permitted to vote on their taking the oaths of allegiance
was discussed. The explicit and absolute nature of the American
oath was urged against the measure, and the principle that by the
British Constitution the allegiance of a British subject was indefeasible was urged in support of it
A plan contemplated by His Excellency for building the
various Government offices and residences on the Indian Reserve
near James Bay and selling the Government land near the Fort to
defray the expenses was next discussed.
April 8th, 1859.
The Council met this morning pursuant to a summons issued
the preceding day, the Governor being present and the following
Members :—
Roderick Finlayson,
John Work,
Donald Fraser.
The "Bill for the Registration of Voters" being found
imperfect and requiring amendment (see Min. March 23rd) was
ordered to be filed.
The " Bill for the Registration of Deeds " was considered and
read a third time; but the passing thereof was deferred in order
that it might, if found necessary, receive additions or improvements
from Lord Campbell's Registration Act.
The " Bill for enfranchising the Town of Victoria " was again
considered by the Council. It was objected that the proposed
measure seemed calculated to give a preponderating influence to
Indian
reserves.
I 1;
" Town of
Victoria."
Oath of
allegiance.
Removal of
Government
offices to site
occupied by
present
Government
Buildings.
" Registration
of Deeds."
" Town of
Victoria." 38
Minutes of Council,
" Solemnization of
Marriages."
" Land for
Religious
Purposes."
" Preservation of Game.'
" American
Coinage
Legal Tender.*
Value of
American
dollar.
Copy sent
home, April
25th.
the town representation and to lead to the taxation of the country
at large for the benefit of the town.
The Bill was read a third time and deferred for further
consideration and remodelling.
The Governor then introduced " A Bill to provide for and to
regulate the Solemnization and Registration of Marriages." The
propriety of registering the ages, places of birth, and names of
parents of parties on their marriage was discussed.
The Bill was read a first time.
His Excellency next introduced " A Bill to authorise Trustees
to hold Lands, &c, in Trust for Religious Purposes."
Two questions were discussed in reference to this Bill : First,
as to limiting the trust to property in the Colony ; and, secondly,
the difficulty which might arise in the case of a schism in the
Church for the benefit of which the property was held in trustI
In numerous cases hi England and the United States property j
through such schism had been diverted to the support of a form of
religion widely different from that which the founder contemplated.
The Bill was read a first time.
While the Council was sitting two Bills were sent up from
the House of Assembly which had passed that House, which the
Governor proceeded to lay before the Council :—
1. A Bill for the Preservation of Game. This Bill was read
a first time and approved of.
2. A Bill to constitute the Coinage of the United States a
Legal Tender.
Certain verbal inaccuracies were noticed in the Bill.
The fixing the value of the American dollar at any definite I
sum was objected to on the ground that the regulation of its value
should be left to the operation of the mercantile laws by which j
the exchange of money was generally adjusted.   And fixing the
value of the dollar at 50 pence was virtually giving a premium on
that coin.   Read a first time.   Deferred.
The Council then adjourned to Monday, the 11th instant, at
10 o'clock a.m.
Monday, April  11th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
Roderick Finlayson,
John Work,
Donald Fraser.
A new "Bill for the Passage of an Act respecting Marriages
by Dissenting Ministers" was substituted for that notice.in the?
Minutes of the last meeting, and read a first time. Vancouver Island.
39
Also a new "Bill for the Passage of an Act respecting the
Property of Religious Institutions" was substituted and read
instead of that which was noted in the last meeting.
The "Bill for enfranchising the Town of Victoria" was
referred to the Crown Solicitor for remodelling.
The " Bill for the Preservation of Game " was amended and
duly passed.
The " Act for the Registration of Deeds " was deferred to the
next Session.
The Council then adjourned to Wednesday at 10 a.m.
Wednesday, April 13th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
Roderick Finlayson,
John Work.
The Members present not being sufficient to form a quorum,
the Council, after some conversation on the Bills minuted at the
last meeting, adjourned to to-morrow, Thursday, April 14th, 1859.
Thursday, April  14th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
Roderick Finlayson,
John Work,
Donald Fraser.
The "Bill for the Passage of an Act respecting marriages in
the Colony of Vancouver's Island and its Dependencies" and the
"Bill for the Passage of an Act respecting the Property of
Religious Institutions in the Colony of Vancouver's Island and its
Dependencies " were again read and duly passed.
The " Bill for the Registration of Deeds " was again under the
consideration of the Council, and certain additions, including one
respecting a seal of office for the Registrar-General and its weight
as testimony, were approved of.
It was thought desirable to make no distinct provision for the
registration of deeds under the circumstances noted in the Minutes
of March 22nd.   4. (1), (2).
The Bill was then duly passed.
The Council then adjourned to Saturday, April 16th, 1859.
" Property
of Religious
Institutions."
" Game Bill '
passed.
" Marriages
Bill " passed. 40
Minutes of Council,
Voting of
Government
officials.
Respective
Interests of
town and
country.
Copied and
forwarded to
England, April
26th, 1869.
" Inns,  Publie
and Beer
Houses."
Saturday, April 16th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
Roderick Finlayson,
John Work,
Donald Fraser.
The " Bill for enfranchising the Town " was again under consideration and certain verbal amendments agreed to.
The following points were discussed :—
1. Whether salaried Government officials should be permitted
to vote, in reference to which point " Wordsworth's Law of Elections " was referred to, p. 368, relative to disqualifications for
voters.
2. As to the effect of the proposed measure and of the present
representative system generally on the respective interests of town
and country, it being contended that the former would be likely to
acquire a preponderating influence in the House of Assembly, and
the country generally might find itself taxed to carry into effect
town improvements. On the other hand, it was observed that the
country members would, at the-present at least, be most numerous;
and also that hi the election of such members the town electors, as
such, would have no vote.
The Council then adjourned to Wednesday, April 20th, at
10 a.m.
Memo.—The Minutes of Council from this date to 10th April,
1860, copied and transmitted to the Secretary of State.
Tuesday, July 5th, 1859.
The Council met this afternoon pursuant to a summons issued
the same day, the Governor being present and the following
Members :—
John Work,
Donald Fraser.
" A Bill to extend the Duration of the Laws relating to Inns,
Public and Beer Houses," sent up from the House of Assembly,
was under the consideration of the Council.
The Preamble of the Bill being found inaccurate, both as
to the date of the passage of the Act which enacted that the
Ordinance of Council of 1853 on Licensing should at a certain
period be no longer hi force, and also as to the date of that
certain period, enquiry was directed to be made of the Speaker
of the House of Assembly for information as to the authority
for the dates alluded to. Vancouver Island.
41
In further discussing this Bill, the above-mentioned Act was
referred to, viz., the "Act to amend the Law relating to the
Licensing of Inns, Public and Beer Houses," which passed the
Assembly on the 29th day of April, 1858, and the Council on the
day of November, 1858, whereby (see third clause) it was
enacted "That the Ordinance relating to Licensed Houses shall
expire on the 29th day of April, 1859."
It was the opinion of the Council that the Bill under consideration, being found to contain provisions inconsistent with previous
enactments, and proposing to revive an Ordinance which, by virtue
of the Act referred to, had for nearly three months ceased to be
of force, was unsatisfactory in its present form.
The Council was also of opinion that however it might be
corrected or amended, this Bill would still leave the law on the
subject imperfect and uncertain, and render necessary further
legislation.
It was therefore resolved that a new and comprehensive
measure should be framed, embracing, so far as seemed fit, all
the previous enactments on the subject, together with such further
provisions as should appear requisite.
In accordance with this resolution, the Crown Solicitor was
directed by His Excellency to draw up a Bill incorporating and
containing the substance of the following measures and enactments, namely:—
1. The Ordinance of Council passed on the 29th day of March,
1853, authorising the Levying of certain Duties on Licenses for
the Sale of Spirituous Liquors.
2. An Act passed on the 15th day of November, 1858, entitled
"An Act to amend the Law relating to the Licensing of Inns,
Public and Beer Houses."
3. An Act passed on the 15th day of November, 1858, entitled
"An Act to amend the Law relating to Inns and Beer Houses."
4. A Bill sent up from the House of Assembly, and under the
consideration of the Council this day, namely " An Act to amend
the Law relating to Inns, Public and Beer Houses."
The last-mentioned Bill having been considered and amended
by the Council was disposed of in the manner noted in the preceding Minute.
The Council then adjourned to Wednesday, 6th inst (tomorrow), at 11 a.m.
Wednesday, July 6th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
John Work,
Donald Fraser.
Bill  unsatisfactory.
And incapable
of amendment.
New B1U
proposed.
And ordered.
Titles of Acts
consolidated.
\m
Passed the
Assembly, 22nd
February, 1859. 42
Minutes of Council,
Chief Justice
Cameron
made Member
of Council.
" Sale of
Liquors."
Licenses for
less than one
year.
" Completion
of Streets
BUI."
" Sale of
Liquors."
Laws of
England In
the Colonies.
" Sale of
liquors Bill '
The Governor informed the Council that he had appointed
Chief Justice Cameron to be a member of Coiincil, and the oath
of allegiance having been administered unto him in presence of
the Council, he took his seat at the Council Board.
" An Act to authorize and regulate the Sale of Wines, Spirits,
and other Liquors" was considered by the Council and read a
first time.
This Bill was framed in consequence of a resolution of the
last meeting of Council for the passage of a comprehensive measure
on the Sale of Liquors. The scope and object of this Bill, as
contemplated by the Council, are more fully expressed in the
Minutes of the last meeting.
Some discussion ensued on the expediency of granting licenses
for periods of less than one year. On the one hand, it was urged
that the present law pressed hardly on the general dealer, who,
in order to sell a small consignment of liquor, must take out a
license for one year ; on the other hand, it was urged that, under
cover of a quarter's license, a dealer might throw into the market
a quantity of spirits sufficient to supply any number of retail
dealers for a whole year.
"A Bill to enforce the Completion of certain Streets already
or about to be macadamized," sent up from the House of Assembly,
was read a first time.
The Council adjourned to to-morrow, Thursday, at 11 a.m.
Thursday, July 7th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
John Work,
Donald Fraser,
David Cameron.
The " Act to authorize and regulate the Sale of Wines, Spirits,.
and other Liquors " was read a second time and received various
corrections and additions.
Some discussion took place on the propriety of passing a
declaratory law proclaiming the laws of England to be in force
in this Colony, hi order to clear up any uncertainty which might
prevail upon the subject in the minds of many persons; on the
other hand, it was said to be an understood principle that English
law was in force in Colonies except where contravened by local
enactments, and " Chalmer's Colonial Opinions," p. 207 (American
Edition), was referred to supporting this view.
The " Act to authorize and regulate the Sale of Wines, Spirits,
and other Liquors," after further consideration by the Council, was I
passed, and ordered to be sent to the House of Assembly. Vancouver Island.
43
The Council adjourned to Friday, the 8th inst. (to-morrow),
at 11 a.m.
Friday, July 8th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
John Work,
Donald Fraser.
"A Bill to authorize the Macadamizing of certain Streets,"
which had passed the Assembly, was laid before the Council, and
after consideration was passed without amendment.
The Governor ordered that an account should be kept of all
monies granted by the Legislature for public purposes.
A motion of the House of Assembly calling for a return of the
expenditure of all monies by the Government for the month of
June was adverted to. It was remarked that the House should
also have provided the accountant It was, moreover, difficult to
see what legislation could be based on a return of one month's
expenditure, unless the House conceived itself to have made some
discovery.
The hardship of the case of a general merchant being unable
to sell an occasional consignment of liquor without a license was
again discussed. The following reasons were given for allowing
the law to take its natural course : Though there might be inconvenience in some individual cases, it would have the effect of
restraining the importation and consumption of liquors, especially
of those of a deleterious character, which was the first object of
the license laws. (2.) A general merchant can under existing
regulations dispose of a consignment of liquors to a licensed dealer.
(3.) All inconvenience may be obviated hereafter by the passage
of a general licensing law for the sale of all kinds of merchandise,
on the introduction of which merchants might be credited for any
sum which they had paid for licenses on consignments of liquor.
On the other hand, it was said that the license laws would not
limit the consumption of liquors; (2) that licensed dealers took
advantage of the necessities of consignees to give them less than the
value of their goods ; (3) that it cost them a great deal of trouble
and inconvenience to get rid of such consignments.
The question of Ways and Means was discussed in connexion
with that clause of the Streets Bill which provided that the
Governor be authorised to defray the expense of macadamising
certain streets out of the money arising from the tax on licensed
houses. The course contemplated by His Excellency was, as soon
as the Home Government notified that the Charter of the H.B.
Comps. was withdrawn, to apply to the House of Assembly for
ways and means to carry on the expense of the Government; and
" Macadamizing of certain
Streets."
Account of
appropriations.
Return of one
month's
expenditure.
Ways   and
Means.
«a 44
Minutes of Council,
Hesitation of
the Assembly
to tax Victoria.
House
competent.
Schedule of
Ways   and
Means.
Select
Committee
appointed.
Mr.  Cameron's
assent to
" Streets
Bin."
" Wardens   of
the Hills."
Compare
" Chlltern
Hundreds,"
vide May,
Pari.   Practice,
pp. 39-42.
Resignation  of
Members in
New South
Wales.
if they were not forthcoming, to fall back on the money arising
from the tax on licensed houses. It was considered that no obstacle
would be found to this course in the Bill just passed.
At the same time it was considered by His Excellency and the
Council that a more speedy adjustment of this subject was highly
desirable if it could be effected. The reason alleged by the House
of Assembly for not raising means by levying duties, &&, on the
town, namely, that the town was not represented, was considered
insufficient, inasmuch as even under present circumstances the town
was more fully represented than almost any town in England, if
we took into consideration the proportion of voters and members.
The objection was also inconsistent with the proceedings already
taken by the House in imposing license duties.
It was also considered that, notwithstanding the absence of
one Member and the resignation of another (that resignation not
having been yet accepted), the House was fully competent if
willing, to take the subject into consideration at once.
After some discussion on a Schedule of Ways and Means laid
before the Council by the Governor, His Excellency appointed Mr.
Work, Mr. Fraser, and Chief Justice Cameron a Select Committee
to prepare a scheme of Ways and Means to defray the expenses of
the Government
The Council then adjourned to Monday, the 11th inst, at U
o'clock.
July 11th, 1859 (Monday).
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
John Work,
Donald Fraser,
David Cameron.
The last-mentioned Member (Mr. Cameron) not having been
present at the last meeting of Council, read, and gave his assent
to the " Bill to authorise the Macadamising of certain Streets, &c"
" A Bill to create certain Wardens for the Surveillance of the
Hills," which passed the Assembly, July 8th, 1859, was read a first
time.
In reference to this Bill, clauses hi the New South Wales
Reform Bill were referred to, by virtue of which members of the
Council and of the Assembly might resign their seats by a letter
to that effect addressed to the Governor of the Colony or to the,
Speaker of the House of Assembly, as the case might be. (See
18 & 19, Victoria, Chap. 54, Sched. (1), Sects. 4 & 25.)
Sec. 5 & 26 of the same Act were referred to relative to seats
vacated by absence and other causes. Vancouver Island.
45
It was considered that a similar clause might be introduced
into the new Reform Bill for Vancouver's Island now under consideration, or a distinct enactment might be passed upon the
subject, and thus the inconvenience of the proposed measure of
creating Wardens of the Hills be avoided.
His Excellency consulted the Council on a motion of the House
of Assembly of July 4th enquiring whether the Colonial Legislature had power to alter the land system. It was advised that an
answer should be returned to the effect that the Legislature had
not that power at present; but that there was reason to believe
that it might be acquired on the Assembly's securing a Civil
List to Her Majesty for the expenditure of 1he Colony. (See
Governor's reply to said communication of date.) The general
purport of this reply agreed with that of a communication addressed
by His Excellency to the Assembly on a similar subject on 7th
April, 1859.
18 & 19 Victoria, Chaprs. 54, 55, 56, were referred to on this
this subject
The Governor laid before the Council " A Bill to increase the
Number of Representatives of the People of this Colony in the
House of Assembly; and to create New Electoral Districts and
for other Purposes," which passed the House of Assembly.
The Bill was read a first time.
A discussion arose as to whether the Legislature had by its
Constitution power to extend the franchise. The Governor referred
to a correspondence which took place in between
himself and the Colonial Secretary, from which it appeared that
the Legislature has this power.
The Council adjourned to Thursday, the 14th inst, at 11 a.m.
Thursday, July 14th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
Roderick Finlayson,
John Work,
Donald Fraser.
The Governor laid before the Council an " Act to provide for
the Resignation and Vacating of Seats in the House of Assembly
and for the Election of Members on Vacancies," intended as a
substitute for the " Bill for creating Wardens of the Hills."   The
Bill was read a first time.
The "Bill for creating Wardens of the Hills" was, on its
second reading, rejected by the Council.
" Wardens of
the Hills 801."
Land system.
Motion of
Assembly.
Waste lands
in Australian
Colonies.
"Reform Bill."
Read first time.
Power .to extend
Franchise.
BUI for
Resignation
of Members.
" Wardens of
the Hills Bill "
rejected. 46
Minutes of Council,
Petitions for
reduction in
price of land.
Governor's
views.
Hon. Donald
Eraser to
prepare
Minute
for H.M.
Government.
" Representation BilL"
Rules and
Orders.
The Governor laid before the Council certain petitions,
namely :—
1. From several respectable inhabitants of the Town of
Victoria.
2. A Petition containing thirty or forty signatures.
3. A Memorandum of a Minute of Proceedings at a meeting
on the subject of the petitions.
The petitioners prayed for a reduction in the price of country
lands to actual settlers, and that the price be fixed at 1*4 dollars
per acre in five years.
His Excellency also informed the Council that he had replied
to the, petitioners to the effect that the Legislature had no authority
to alter the price of land. (2.) That he had himself had no
authority to do so. (3.) That therefore the only relief he could
afford the petitioners was to allow a temporary reduction hi the
payment of a first instalment the balance of such instalment being
added in equal proportions to the three other instalments, so as
that the whole sum paid should eventually amount to the prescribed sum of 20/ per acre.
After full deliberation on the subject His Excellency requested
a Member of the Council (Mr. Fraser) to draw up for transmission
to Her Majesty's Government a Minute containing a statement of
His Excellency's communications with the petitioners, and embodying the sentiments of the Council on this subject. Among the
latter was a written memorandum of the views entertained by
another member, Mr. Finlayson.
The " Bill to increase the Number of Representatives, &c.,"
was read a second time and various amendments proposed.
In the course of this meeting the subject of rules for the
guidance of the proceedings of the Council was touched upon.
The Council then adjourned to Saturday, the 16th inst., at
10 a.m.
Saturday, July 16th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
Mr. Finlayson,
Mr. Work,
Mr. Fraser.
The Governor submitted to the Council a correspondence
between himself and the Colonial Office on the subject of the
erection of lighthouses on the coast of Vancouver's Island, and the
draught of a communication from His Excellency addressed to the
House of Assembly this day, asking that body to provide the
means of supporting the lighthouses when erected. Vancouver Island.
47
His Excellency intimated his intention to take immediate
measures for the erection of the lighthouses with all possible
and prudent despatch, of which intention the Council, in view of
the urgent necessity which exists for the lights, highly approved.
The Council also would add their high sense of thé propriety and zeal with which His Excellency has brought this most
important measure before Her Majesty's Government, and would
respectfully tender their thanks for the patriotic and ready manner
in which the Government has responded to His Excellency's call
for aid in this matter.
The " Act to provide for the Resignation and Vacancy of Seats
in the House of Assembly and for the Election of Members on
Vacancies" was read a second time.
The Council then adjourned to Monday next.
Monday, July 18th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
Mr. Finlayson,
Mr. Work,
Mr. Fraser,
Mr. Cameron.
The " Act to provide for the Resignation and Vacancy of Seats
in the House of Assembly and for the Election of Members on
Vacancies " was read a third time and passed the Council.
The License Bill, which passed the Council July 7th inst.
and subsequently received certain amendments in the House of
Assembly, was again laid before the Council.
His Excellency and the Council were of opinion that the
amendments of the Assembly had introduced certain inconsistencies into the Bill, and materially altered its character; but
owing to the non-existence of any law upon the subject for the
present guidance of the Magistrates, who were to hold an adjourned
meeting for the purpose of granting licenses on the 21st inst, and
to the impossibility of procuring another meeting of the House
before that time, owing to the absence of some of the members,
it was the opinion of the Council that the Bill should pass as
amended in the Assembly; and the rather as the whole subject
would have to be revised by the Legislature at no distant period.
On these considerations, therefore, the Bill as amended by
the House received the assent of the Council.
"An Act to regulate the Admission of Barristers, Attornies,
and Solicitors of Colonial Courts, and Solicitors of the Supreme
Court of Scotland in the Supreme Court of Civil Justice of Van-
Governor's
efforts commended.
Resignation   of
Members, &c.
" Resignation
of  Members
BUL"
" Liquor
License Bill.'
Amendments
of House
inconsistent.
Admission of
Barristers
to Courts.
1 48
Minutes of Council,
Admission of
Barristers,
Attorneys, and
Solicitors.
Origin of
the Bill.
Custom-house
defalcations.
Council declines
to entertain
the subject.
Minute on
land system.
Bill to admit
Barristers, etc.
Ways and
Means.
couver's Island" was introduced and read, but owing to some
imperfections in the drafting of the Bill it was withdrawn for
improvement.
A discussion arose on the competency of the Legislature to
deal with this subject, which question was decided by a reference |
to a communication addressed to the Governor by the Colonial
Secretary, who informed His Excellency that he had received a
petition from the attornies of the Supreme Court of Edinburgh
complaining that they were debarred from practising in the Courts
of Vancouver's Island, to which he had made reply that he would
address the Governor on the subject with a view to its being
brought under the consideration of the Legislature of the Colony,
whose province it was to grant them this permission. His
Excellency had replied to this communication suggesting that
the proposed measure might be so framed as to give admission
to Colonial Barristers as well as to the applicants referred to.
(For Minute on Custom-house defalcations see Minutes of next
meeting.)
The Council then adjourned to Thursday next at 11 o'clock.
Thursday, July 21st, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
Roderick Finlayson,
John Work,
Donald Fraser.
The following Minute omitted at the last meeting was read :—
His Excellency laid before the Council (July 18th, 1859) a
memorial addressed to the Governor and Council by Mr. Anderson,
hi reference to the investigation now pending into the customhouse defalcations.
The Council declined entertaining or passing any opinion on
the subject, which they conceived to belong only to the Executive,^
and not to come under their province as a legislative body.
The paper prepared by Mr. Fraser in accordance with the
Minutes of Council of July 14th, embodying the sentiments of the*
Council on the subject of alterations in the system of disposing |H
the Crown lands in this Colony, was read and highly approved of |
by the Council and received the signatures of the Members present
The "Act to admit Barristers, &c., in the Supreme Court of
Civil Justice" was read a second time.
The subject of devising Ways and Means for carrying on
the expenses of the Government was again introduced before thé
Council by His Excellency, who enquired whether the Committee
appointed July 8th inst, had taken the subject into consideration.. Vancouver Island.
49
The Committee replied that, not being possessed of any statistical
information as to the amount of landed and other property in the
Colony, they had not as yet been able to form any estimate on
the subject
His Excellency then ordered from the Land Office the following
returns :—
1. Of the Rural Land sold in Vancouver's Island since the
commencement of the Colony, in the respective Districts separately
stated.
2. Of the number of Town lots sold in Victoria and other
Towns of Vancouver's Island during the same period.
3. Of the number of Suburban Lots similarly stated.
The Council then adjourned to Tuesday next (July 26th) at
10 a.m.
Tuesday, July 26th, 1859.
The Council met this morning pursuant to adjournment; but
owing to the number of Members present being insufficient to
form a quorum, the Council did not proceed to business, but was
adjourned to Thursday next at 10 a.m.
Thursday,  July 28th,  1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members :—
Mr. Finlayson,
Mr. Work,
Mr. Fraser.
The " Bill to enforce the Completion of Streets " was read a
second time and largely discussed.
The Council being of opinion that the operation of the Bill
would in many points of view be aggressive, and disapproving
generally of its principle, it was ordered to be laid upon the table
for revision.
The subject of portions of the Old Saanich Road, of which
Government Street is a continuation, having been sold by the
Colonial Surveyor was discussed ; hi reference to which His Excellency and the Council were of opinion that, both on account of that
road having been used as a public highway, having been improved
at the public expense, as well as that it was the most convenient
and suitable road as a continuation of Government Street, and an
avenue into the Saanich District, it was to be regretted that the
sale had been made. His Excellency, who had not been made
aware of the transaction, had always been of opinion that Govern-
Land Office
returns.
" Completion
of Streets."
Sale of part
of Saanich
Road. 50
Minutes of Council,,
Saanich
Road.
Select
Committee.
Invasion of
San Juan.
American
troops landed.
Major de
Courcy.
appointed
J.P. for San
Juan Island.
Points raised.
ment Street should form the continuation of the road from the
Saanitch Country to the sea, in the same manner as Fort Street
was the proper continuation of the road from the country in that
direction.
His Excellency then appointed Mr. Finlayson and Mr. Fraser
a Select Committee to make enquiry of the Surveyor, Mr.
Pemberton, on the following points :—
1. As to the reasons for which the land in question had been
sold.
2. As to the terms on which it might be bought back.
3. On the subject of an official grade for all the streets of the
town.
The hardship and injury often accruing to owners of property
from the want of an official grade was insisted on in the Council,
and various cases in point cited.
The Council was informed from the Surveyor that the return
of Land Sales (ordered July 21st) was not yet ready.
His Excellency then proceeded to lay before the Council
information which he had received of the disembarcation on the
20th inst., of American troops on the Island of San Juan with a
bastion, guns, ammunition, &c.
His Excellency was of opinion that this was an attempt to
intimidate the Government into a compromise, and that, while
the wisest and most temperate measures should be adopted, the
firmest attitude should be maintained by the representatives of
Her Majesty's Government
His Excellency also informed the Council that he had just
appointed Major de Courcy to be Justice Of the Peace for the
Island of San Juan, and had despatched him thither in H.M.S.
" Satellite," with instructions to warn off unauthorised persons
from squatting on the ground hi question, and having thus taken
such steps as the emergency seemed immediately to require, her
wished to have the assistance and advice of the Council on the
subject
A long and anxious discussion then ensued, the Council being
deeply sensible of the magnitude and importance of the crisis.
The discussion referred mainly to the following points :—
1. As to who were entitled to make complaint against
squatters.
2. As to the jurisdiction of the Magistrate to take cognisance
of proceedings in case of trespass.
3. An alleged reason given by the Americans for the invasion,
namely, that it was necessary for the purpose of protecting themselves against the Indians.
4. A suggestion that, not the Magistrate, but the occupier of
the lands, should warn off intruders. Vancouver Island.
51
5. As to whether any arrangements had been come to between
the Governments for the neutral occupation of the Island, pending
the adjustment of the boundary question.
6. As to the terms and interpretation of the treaty itself,
and the present state of the negotiations, in reference to which,
Mr. Young, Secretary to the Boundary Commission, who was
introduced to the Council by His Excellency, gave much interesting and valuable information.
His Excellency also referred to a correspondence which had
taken place in 1855 between Governor Stevens and himself in
reference to the seizure of a number of sheep on San Juan Island,
the property of the Hudson's Bay Company, by an alleged official
of the American Government, in which he, Governor Douglas, had
remonstrated against the act, and to which Governor Stevens had
returned an evasive reply; and the matter was still under the
consideration of the two Governments.
The " Bill for the Admission of Barristers " was read a third
time.
Two mam objections were urged against the Bill:—
1. It would admit a class of lawyers not acquainted with the
practice of the English law.
2. A class of lawyers whose interest it would be to encourage
litigation.
An objection was made also to the clause which provided that
the Judge should examine and decide on the claims of the candidates for admission ; on the grounds that this might give occasion
to arbitrary measures. It would be preferable that the form and
scope of the examinations should be prescribed by some fixed
regulation, and according to this the claims of candidates should
be decided.
The Bill was then referred for revision.
The Council was then adjourned till further notice.
Saturday, September 3rd, 1859.
The Council met this morning pursuant to notice, the Governor
being present and the following Members:—
Mr. Work,
Mr. Finlayson,
Mr. Fraser.
The Governor proceeded to lay before the Council " A Bill to
amend the Law relating to the Representation of Vancouver's
Island and its Dependencies."
The Bill was read a first time, and à discussion took place
on certain of its points, but no material alteration was agreed
upon.
The Council then adjourned to Monday next at 10 a.m.
of
Mr.   Young,
the Boundary
Commission,
gives information.
Seizure of
sheep  on  San
Juan Island.
Examination
of Barristers
and Solicitors. Minutes of Council,
"Property of
Religious
Institutions."
" Represem
tion Bin."
" Admission
Barristers."
Monday, September 5th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
Mr. Finlayson,
Mr. Work,
Mr. Fraser.
Chief Justice Cameron, who on account of his being required
to preside at the Supreme Court this morning was unable to
remain at this meeting, was present at its commencement, and
signified his general concurrence with the " Bill to amend the
Representation of Vancouver's Island," which was read a first
time at the last meeting.
This Bill was again under the consideration of the Council
and read a second time.
The " Bill for the Passage of an Act respecting Marriages
in the Colony of Vancouver's Island and its Dependencies" as
amended by the House of Assembly was under the consideration
of the Council, and with the following words, rejected by the
House of Assembly, namely : " Parties may give what additional
remuneration they think fit" expunged, was duly.passed.
The " Bill for the Passage of an Act respecting the Property
of Religious Institutions in the Colony of Vancouver's Island and
its Dependencies" was read, and with the following addition,
made by the House of Assembly, namely : " Nothing in this BUI
shall empower any trustees of any religious body to construct
or occupy land for burial purposes within towns or cities in
Vancouver's Island or its Dependencies," was duly passed.
The Council then adjourned to to-morrow morning at 10
o'clock.
Tuesday, September 6th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present  and the following  Members:—
Mr. Finlayson,
Mr. Work,
Mr. Fraser.
The " Bill to amend the Law relating to the Representation "
was read and duly passed.
The " Bill for Admission of Barristers " was again under consideration, and received certain verbal amendments.
The Council then adjourned till further notice. Vancouver Island.
53
Monday, September 12th, 1859.
The Council met this morning pursuant to notice, the Governor
being present and the following Members:—
Mr. Finlayson,
Mr. Work,
Mr. Fraser,
Chief Justice Cameron.
The Governor laid before the Council the following Bills:—
1. "A Bill to make Provision for the Registration of Voters" ;
2. "A Bill to increase the Number of Representatives of the
People of this Colony in the House of Assembly,"
which were read a first time.
Adjourned to Tuesday, September 13th, at 10% a.m.
Tuesday, September 18th, 1859.
The Council met this morning pursuant to adjournment, the
Governor being present and the following Members:—
Mr. Finlayson,
Mr. Work,
Mr. Fraser,
Chief Justice Cameron.
The " Bill to make Provision for the Registration of Voters "
and the "Bill to increase the Number of Representatives" were
again under the consideration of the Council and passed.
The Council then adjourned till further notice.
Saturday, October 22nd, 1859.
The Council met this morning pursuant to notice.
Present :
His Excellency the Governor,
Honble. John Work,
„       Donald Fraser.
The Governor brought before the Council a communication
from the House of Assembly, forwarding a petition from certain
inhabitants of Vancouver's Island to the House praying for an
alteration in the present land system, and also an address from
the House to the Secretary for the Colonies on the same subject.
On consideration, the Council is of opinion that a réduction
of the price of the public land to actual settlers is a very necessary measure; but that if such reduction be made, means should
be adopted to prevent the land becoming the subject of specula-
" Registration
of Voters
Bill."
" Représentatives B1U."
" Registration
of Voters."
" Representatives BUI."
Petition from
settlers praying for alteration of land
system. 54
Minutes of Council,
" Registration
of Votera
Bill " and
" Representation Bill."
" Représentation Bill."
Qualification
of occupiers
and freeholders
" Wooden
Bridges."
" Interest
Bill."
i
tion to the prejudice of persons desiring to settle in the country,
and to improve the soil; such as a certain amount of cultivation
being effected within a given period, &c., &c.
The Council then adjourned until Monday next, the 24th
instant, at 10 o'clock a.m.
Monday, October 24th, 1859.
The Council met this morning at 10 o'clock pursuant to
adjournment.
Present :
His Excellency the Governor,
Honble. John Work,
„       David Cameron,
„       Donald Fraser.
The following two Bills sent up from the House of Assembly,
vizt: "A Bill to make Provision for the Registration of Voters,
and for other Purposes relating thereto," and " A Bill to increase
the Number of Representatives of the People of this Colony in
the House of Assembly," were both approved, finally passed by
the Council, and assented to by His Excellency the Governor.
The "Bill to amend the Law relating to the Representation
of Vancouver's Island and its Dependencies," also sent up from
the House of Assembly, was brought under the notice of the
Council by His Excellency, and after discussion was approved
with the amendments of the House, except as-respects the qualification of occupiers, reduced by the House from £20 to £12, and
the freeholders qualification, also reduced by the House from
£100 to £20, both of which the Governor and Council are unanimously of opinion should be left at the higher rates.
The Bill ordered to be returned to the House for reconsideration on these two points.
"A Bill for the Protection of the Wooden Bridges in Vancouver's Island and its Dependencies."
Sent up from the House, read a first time.
" A Bill for the Passage of an Act to regulate the interest
of Money in the Colony of Vancouver's Island and its Dependencies."   ,
Sent up from the House, read a first time.
The last Bill, above mentioned, amended, and read a second
time.
The Council then adjourned until Wednesday, the 26th Instant,
at 10% o'clock a.m.
1
(■ Vancouver Island.
55
Wednesday, October 26th, 1859.
The Council met this morning at 10% o'clock pursuant to
adjournment.
Present :
His Excellency the Governor,
Honble. John Work,
„       David Cameron,
„       Donald Fraser.
The " Bill for the Protection of the Wooden Bridges in Vancouver's Island and its Dependencies" read a second time and
amended, and after amendment read a third time and passed.
The "Bill relating to Interest of Money," as amended, read
a third time and passed.
The Council then adjourned sine die.
Thursday, November 3rd, 1859.
The Council met this morning at 11 o'clock pursuant to a
notice issued on the 31st ultimo, for the special purpose of meeting
the House of Assembly hi Conference on the amendments of the
House on the "Representation Bill" as respects the qualification
of occupiers, reduced by the House from £20 to £12, and that of
freeholders, reduced from £100 to £20.
Present:
His Excellency the Governor,
Honble. John Work,
„       Donald Fraser,
„       Chief Justice Cameron,
and the following  Members of the House  of Assembly:
Speaker Helmcken, Messrs. J. W. McKay, J. D. Pemberton
Skinner, and J. Yates.
His Excellency, after introducing the business of the Conference, and remarking that, although in view of the various
limitations of the franchise secured by other provisions of the
Bill, he personally saw little danger likely to accrue from the
proposed reductions, others were not of the same opinion; concluded by saying that whatever they should mutually agree upon
in this Conference he would assent to. His Excellency then
retired.
After a lengthened discussion, in which the Members of both
Houses agreed on the expediency of altering the phraseology of
that part of the Bill which related to the qualification arising
from a " beneficial " interest in a freehold estate, in order to avoid
the danger of several votes accruing from the same property,
Mr.
T. J.
" Wooden
Bridges Bill.'
" Interest
BUI."
Conference
with Assembly
on " Representation BUI."
His Excellency's views. 56
Minutes of Council,
Conference on
" Representation BilL"
Compromise
suggested.
Council's
assent,  on
" grounds of
expediency."
ë
His   Excellency's Speech.
The Speaker informed the Council that the Members of the
Hpuse of Assembly were willing to agree to the following compromise, namely, that the qualification of voters in respect of
rental should be £12, and in respect of freehold property £50.
The Council, although opposed to the proposed reductions,
both on principle, and also on the consideration that the qualifications in question were those chosen by the House itself, yet seeing
that the House was prepared rather to sacrifice the Bill than
consent to any further modifications, and being at the same time
of opinion that a further delay would create a serious impediment to the public business, gave their assent to the proposition
of the House, simply on the grounds of expediency.
The Council then adjourned to 3 oclock pjn. to receive the
Bill from the House, with the said amendments introduced.
At 3 o'clock p.m. the Council resumed its sitting.
Present :
His Excellency the Governor,
Hon. J. Work, and
Hon. D. Fraser.
The amended Bill as agreed upon by the Council and passed
by the Assembly received His Excellency's assent, and
The Council then adjourned till further notice.
Wednesday, December 7th, 1859.
The Council met this morning pursuant to a notice issued
yesterday, for the special purpose of attending on the occasion
of His Excellency's proroguing the House of Assembly.
Present :
His Excellency the Governor,
Honble. John Work,
„       Rodk. Finlayson,
„       Donald Fraser,
and the following Members of the  House of Assembly:    Mr.
Speaker Helmcken, Messrs. J. D. Pemberton, James Yates, T. J.
Skinner, and J. W. McKay.
His Excellency then proceeded to address the House.
After adverting to their lengthened Session and the rapid
progress of the Colony during the concluding period of it, and
thanking them for their assistance in the conducting of the public.
business, he expressed a hope that the various constituencies would
do their duty and return representatives who would carry out I
such measures as the circumstances of the Colony required;
particularly as relating to the encouragement of agriculture, the
development of fisheries, and other natural resources of the
country; education, roads, &c. Vancouver Island.
The Secretary to the Council then announced that by His
Excellency's command the House of Assembly was prorogued until
Thursday, the 2nd of February next
The Members of the House of Assembly then withdrew.
The "Bill to remove the Remains of Deceased Persons from
a Deserted Burial Ground, Ac.," was read and discussed; but
inasmuch as it did not provide for any period within which the
bodies must be removed, it was rejected.
The Council was of opinion that the bodies might be removed
simply by the authority of the Executive.
The Council then adjourned until further notice.
March 1st, 1860.
The Council met this morning pursuant to notice issued.
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Members attended His Excellency to the Court-house, and
were present on the occasion of the opening of the First Session
of the Second House of Assembly.
On the conclusion of His Excellency's Address, the Members
withdrew and the Council broke up.
March 7th, 1860.
The Council met this day.
Present :
Honble. Rodk. Finlayson,
„       Donald Fraser,
„       Chief Justice Cameron.
The Council proceeded to consider the subject of an Address
to the Governor in reference to His Excellency's Speech on the
opening of the Session on March 1st a copy of which was before
the Council.
It was moved by Mr. Finlayson and seconded by Mr. Fraser,
That the following Address be presented to His Excellency :—
"To His Excellency James Douglas, Esqre., CJB., dc. &c. &c.
Governor of Vancouver's Island.
" The humble Address of the Legislative Council of the Colony
of Vancouver's Island.
" Remains of
Deceased
Persons."
Opening of
Second House
of Assembly.
Address in
Reply to His
Excellency's
Speech. 58
Minutes of Council,
Address in
Reply to the
Governor's
Speech.
Presentation of
Address.
Price of pubUc
land.
Speculation
in land discountenanced.
" May it please Your Excellency,—The Legislative Council
begs respectfully to acknowledge the receipt of Your Excellency's^
Speech on the opening of the present Session of the Legislature,
and to tender you the thanks of the Council therefor.
"The Council avails itself of this opportunity of expressing
its satisfaction at the general progress and improving condition
of the Colony; and trusts that many of the measures referred to
in Your Excellency's Speech will tend to advance its variousI
interests.
"The Council begs to assure Your Excellency that it is prepared to give its earnest attention to the consideration of the
measures recommended by Your Excellency ; and that its deliberations will be directed solely with the view of promoting the publie 1
good."
Carried unanimously.
It was then notified to the Governor that the Council were
prepared to present the Address.
On His Excellency's arrival in the Council Chamber, the
Honble. Rodk. Finlayson read the Address.
The Governor replied that he had great satisfaction in receiving the Address of the Council, and that he should have much
pride and pleasure hi conveying to Her Majesty the information
that Her faithful Council in Vancouver's Island were prepared
to co-operate in measures affecting the public good.
The Council then adjourned.
Monday, March 26th, 1860.
The Council met this day at 3 o'clock p.m. pursuant to noticei
issued.
Present :
His Excellency the Governor,
The Honble. Rodk. Finlayson,
„ John Work,
„ Chief Justice Cameron,
„ Donald Fraser.
The Governor brought under the notice of the Council the
question of the price of public land in the Colony.
The Council are unanimously of opinion that a low price,
say 4/- an acre, combined with occupation and improvement would I
conduce to the general settlement of the country.
But the Council recommends that if the price is reduced,
such conditions shall be imposed as will prevent large quantities
of land being bought for speculative purposes, to the prejudice !
of persons of limited means wishing to obtain land at a low price
to cultivate it. mm
Vancouver Island.
59
A plan of pre-empting land, the Council is of opinion, would
also enhance the benefits of a low price of land, as it would enable
a farmer to take immediate possession without having to wait
for surveys; but the land must be so selected as not to leave
out rocks, swamps, &c, &c.
The quantity to be pre-empted by each pre-emptor, the Council
thinks, should be 160 acres.
Although advocating a low price, the Council would object
' to tying up all the waste land of the Crown under a pre-emption
system. They would wish that such a system would be established as would enable a capitalist to procure extensive quantities
of land when required for laudable objects. Cases of this sort
might be charged more than 4/- an acre, and conditions might be
attached to them to prevent abuse. Power should be given to
somebody to regulate such cases.
The subject of the Fees of the Courts of Law was discussed,
and adjourned till next meeting of the Council.
Saturday, April 7th, 1860.
The Council met this day pursuant to notice issued.
Present :
His Excellency the Governor,
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
His Excellency proceeded to lay before the Council:—
1st.   An Address of the House of Assembly dated 2nd April,
1860, asking him to order the lines of road in the several districts
therein mentioned to be definitely laid down.
2nd. A correspondence which has passed between Captain
Stamp and His Excellency on the subject of a contemplated settlement on the Western Coast of Vancouver's Island.
1. The Council unanimously approve of the measure proposed
by the House in reference to the laying down the lines of road,
and beg to recommend His Excellency to call upon the land-owners
of the respective districts to meet and elect a Committee of three
of their number for the purpose of carrying out the objects of
the address, and of reporting upon the same to His Excellency.
2. The Council having carefully read the correspondence with
Captain Stamp, and having seriously considered the subject to
which it relates, unanimously approve of His Excellency's action
thereon; the Council being of opinion that the carrying out the
Pre-emption
system
suggested.
Low price
for land
advocated.
Capitalists
to obtain land
for  " laudable
objects."
Court Fees.
Captain
Stamp's
settlement 01
West Coast.
Committee
appointed.
Captain
Stamp's
enterprise
approved. 60
Minutes of Council,
J!
proposed enterprise will be of the highest benefit to the Colony, I
and is deserving of every encouragement
The discussion on the subject of the Fees of the Courts of
Law was resumed and deferred for the revision of certain items
hi the submitted Schedules.
The question as to whether the Council had authority to
exercise Executive as well as Legislative functions was discussed
and deferred to the next meeting.
The Council then adjourned to Tuesday next at half-past!
10 o'clock a.m.
Tuesday, April 10th, 1860.
pursuant  to   adjournment,
present and the following
The Council met this morning
His Excellency the Governor being
Members :—
The Honble. Roderick Finlayson,
„ Donald Fraser,
„ John Work,
„ Chief Justice Cameron.
The Council having again considered the Rules of Court and
the Fees of Court, &c, &c, as set forth in the Schedules annexed
thereto, do approve of the same.
The Council adjourned until further notice.
Memorandum.—The Minutes of Council from July 5th, 1859,
to April 10th, 1860, inclusive, copied, and transmitted to the
Secretary of State by the mail of 20th April, 1860.
Tuesday, May 1st, 1860.
The Council met this morning pursuant to notice issued,
His Excellency the Governor being present and the following
Members :—
The Honble. Rodk. Finlayson,
„ John Work,
„ Donald Fraser,
„ C. J. Cameron.
The Governor laid before the Council "A Bill to prevent
the Use of Stove-pipes, and render Compulsory the Building <4£
Brick and Stone Chimneys within certain Limits of the Town
of Victoria," which had passed the House of Assembly.
The Bill was read a first time, and ordered to be read a
second time at the next meeting of Council.
Thé Council then adjourned until further notice. Vancouver Island.
61
Wednesday, June 20th, 1860.
The Council met this morning pursuant to notice issued.
Present :
His Excellency the Governor,
Honble. John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
This being the Anniversary of Her Majesty's Accession, the
Council did not proceed to business, and adjourned to to-morrow at
11 o'clock a.m.
Thursday, June 21st, 1860.
The Council met this morning pursuant to adjournment
Present :
His Excellency the Governor,
Honble. John Work,
„       Donald Fraser.
The Honble. Chief Justice Cameron being detained by business
in the Supreme Court, there was no quorum present and the
Council adjourned until Friday, the 22nd instant.
Friday, June 22nd, 1860.
The Council met this morning pursuant to adjournment.
Present:
His Excellency the Governor,
Honble. John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
Subjects under discussion:—
1. " A Bill to provide for the Administration of Oaths in the
House of Assembly, and the Production of Evidence before Committees of the Same" was read a first time.
2. The "Bill to prevent the Use of Stove-pipes and render
Compulsory the Building of Brick and Stone Chimneys within
certain Limits of the Town of Victoria."
It was moved and seconded, That this Bill be read a second
time, and considered with the Bill to incorporate Victoria.
3. An Address of the House of Assembly dated 18th June,
1860, to His Excellency the Governor, in the terms following:—
" No. 9.—This House respectfully requests His Excellency the
Governor to permit the official proceedings of the Council (or
Upper House)  of this Colony to be conducted with the same
Anniversary
Of H.M.'s
Accession.
" Administration of Oaths
Bill."
House desires
public sittings
of Council. Minutes of Council,
Council reject!
proposal.
" Administration of Oaths
Bill."
publicity as attends the sittings of the Legislative Assembly ofI
this Colony," having been submitted to the (Council by His Excel-^
lency the Governor for consideration,
The Council, after considering the same, is of opinion that
the said Address, from its terms, does not apply to this Council ;
as, this Council (or " Upper House," as the Honourable the House
of Assembly designates the Council) being an independent Legislative body, it has, as such, no "official proceedings" which His
Excellency the Governor can "permit to be conducted with publicity."
It is ordered that the Clerk do furnish His Excellency withf
a copy of this resolution.
The Council then adjourned to Monday, the 25th instant, at
2 o'clock p.m.
Monday, June 25th, 1860.
The Council met this day pursuant to adjournment.
Present :
His Excellency the Governor,
Honble. John Work,
„       Donald Fraser.
The Council adjourned till to-morrow in consequence of the
detention of Chief Justice Cameron to a late hour in his Courts
Tuesday, the 26th, to Friday, 29th June, 1860.
Present :
His. Excellency the Governor,
Honble. John Work.
„       Donald Fraser,
„       Chief Justice Cameron.
The Council engaged in Committee on the Bill undermentioned.
The Council having resolved itself into a Committee of the I
Whole to consider the " Bill to provide for the Administration of/;
Oaths in the House of Assembly, and the Production of Evidence^
before Committees of the same,"
It was moved, seconded, and carried unanimously, That the
"Title" of the Bill do stand.
It was moved, seconded, and carried unanimously, That the
first eighteen words of the Preamble do stand, and that after the
word " oaths " the words " or affirmations " be added ; that the
two words following, vizt, " to Members," do stand ; that the
remaining words of the Preamble be omitted, and the following
inserted: "of the House of Assembly of Her Majesty's Colony
of Vancouver Island, and to witnesses before Election Committees Vancouver Island.
63
of the same: And whereas doubts exist as to the power of the
Clerk of the said House to administer such oaths and affirmations
and as to the power of the Chairmen of Election Committees of
the said House to administer such oaths or affirmations as may
be necessary for the efficient discharge of the duties of such Committees." That the word "Therefore" be inserted at the beginning of the enacting clause.
It was moved, seconded, and carried unanimously, That the
whole of clause first of the Bill be omitted, and the following
words inserted, vizt:—
" I. That from and after the passage of this Act, the Honourable the Speaker, the Clerk, and the Sergeant-at-Arms of the said
House of Assembly shall have and may exercise the same powers
in administering oaths or affirmations and all other powers as are
by law conferred upon, possessed, and exercised by similar officers
of the House of Commons of the Imperial Parliament of the
United Kingdom of Great Britain and Ireland."
It was moved, seconded, and carried, That clause second of
the Bill be omitted, and the following inserted, vizt:—
" II. That the Chairmen and Members of Election Committees
shall have and may exercise, and they are hereby empowered to
exercise, the same powers and to administer such or similar oaths
or affirmations as are required and allowed by law to Chairmen
and Members appointed by the said House of Commons to enquire
into Controverted Elections."
It was moved, seconded, and carried, That clause third of the
Bill be omitted, and the following inserted, vizt :—
" III. That the Chairmen of Select Committees of the said
House of Assembly shall also have and may exercise, as such
Chairmen, the same and as full powers as are given to Chairmen
of Select Committees of the said House of Commons."
It was moved, seconded, and carried, That the whole remaining portions of the Bill, including the Schedules thereto annexed,
be omitted, and the following inserted, vizt :—
" IV. And that the form of the oaths and affirmations, warrants, summonses, orders, and other forms necessary for the due
execution of this Act shall be similar in the like cases, and have
the same force and effect as those used in the said House of
Commons, or as nearly as circumstances will permit"
Read a third time and passed, this 29th day of June, a.d.
1860.
The Council adjourned sine die.
Administration of oaths
by House of
Assembly and
Committees
of same.
Speaker, Clerk,
and Sergeant-
at-Arms may
administer
oaths.
Chairmen and
Members of
Election Committees may
swear.
Also   Chairmen
of Select
Committees.
Oaths,  etc,
shall be similar to those
used in House
of Commons. Minutes of Council,
Tuesday, July 3rd, 1860.
The Council met this morning pursuant to notice issued.
Present :
His Excellency the Governor,
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The following Bills were laid before the Council by His Excellency the Governor and read a first time:—
1. " The Currency Bill."
2. " A Bill for the Protection of the Members of Fire Com-
J panies of Victoria."
1A Bill to extend the Provisions of the Joint Stock Com-
I panies Acts, 1856, 1857, and 1858, to Vancouver Island and its
I Dependencies."
The Council adjourned to Tuesday, the 10th instant, at 3
j o'clock p.m.
Tuesday, July 10th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The "Currency Bill" was brought up for a second reading.
On reading the order, it was moved, seconded, and carried
I unanimously, That this Bill be read a second time this day sixl
I months.
The "Bill for the Protection of the Members of Fire Com-
J panies of Victoria " was read a second time and ordered to be
J considered in Committee on Thursday next, the 12th instant.
The "Bill to extend the provisions of the Joint Stock Com-
I panies Acts, 1856, 1857, and 1858, to Vancouver Island and its
Dependencies " was read a second time, and ordered to be considered in Committee, clause by clause, on Thursday next, the^
112th instant.
"A Bill to promote Improvement in the Breed of Live Stock
| in the Colony of Vancouver's Island " was read a first time.
The Honble. Chief Justice asked leave to bring in a "Bill to
[provide for the Deficiency of Lawful Money in the Currency of
{the Colony."
Granted, and ordered to be brought in accordingly. Vancouver Island.
65
In connexion with the " Fire Companies Bill," it was agreed
that the President of the Council should request the favor of the
attendance of the Foremen of the two Fire Companies and of the
Hook and Ladder Company at the Council Chamber on Thursday
next at 12 o'clock.
The Council then adjourned to Thursday next, the 12th
instant at 12 o'clock.
In conformity with the Resolution in the last paragraph of
the Minutes, the following circular was addressed to each of the
undermentioned gentlemen, vizt.:—
Wm. Pickett, Esquire, Foreman of the " Union Hook & Ladder
Company."
James E. Wolfe, Esquire, President of the "Deluge Engine
Company."
Thomas H. McCann, Esquire, President of the " Tiger Engine
Company."
(Copy.)
Council Chamber,
Victoria, Vancouver's Island,
10th July, 1860.
Sir,—I am directed by the President of the Legislative Council
of Vancouver's Island to request the favor of your attendance at
the Council Chamber, Jame's Bay, on Thursday next at 12 o'clock,
to furnish such information as you may be possessed of to the
Council in considering the "Bill for the Protection of the Members of the Fire Companies of Victoria " now before the Council.
You will please to bring with you the Bye-laws or the Rules
and Regulations of your Company, if there are any such in existence.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed)    Joseph Porter.
Thursday, July 12th, 1860.
The Council met this day pursuant to adjournment.
Present :
Honble. John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The Council resolved itself into a Committee to consider the
"Bill for the Protection of the Members of the Fire Companies
of Victoria," and examined two witnesses at length.
" Fire Companies Bill.'
Conference
with Foreman
of Fire Companies.
" Fire  Companies Bill." I
66
Minutes of Council,
" Fire Companies Bill."
" Foreign
Coins   BUI."
" Fire Companies BiU."
" Foreign
Coins Act."
IK
The Council then adjourned to Tuesday, the 17th instant at
1 o'clock p.m.
Tuesday, July 17th, 1860.
The Council met this day pursuant to adjournment.
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
Evidence was taken on the subject of the " Bill for the Protection of the Members of the Fire Companies of Victoria."
"A Bill to declare certain Foreign Coins a lawful tender"
(introduced by Chief Justice Cameron) was read a first time.
The Council adjourned to  Friday,  the 20th  instant,  at 3
o'clock p.m.
Friday, July 20th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting were read and approved.
On the order of the day for the third reading of the " Bill
for the Protection of the Members of Fire Companies of Victoria," .:
it was moved by Chief Justice Cameron, That the IX. section may
be amended by inserting the words " shall continue and be in j
force for one year from the passing thereof, and " after the word
" Act " in the first line.
Seconded by Hon. Rodk. Finlayson, and carried unanimously.-'
The Bill was then read a third time and passed.
"An Act to declare certain Foreign Coins a Lawful Tender"
was read a second time, and ordered to be considered in Committee. |
The Council adjourned to Tuesday next, the 24th instant, at|
3 o'clock p.m.
Tuesday, July 24th, 1860.
The Council adjourned, by reason of there not being a quorum
present, to Friday, the 27th instant mmm
Vancouver Island.
67
Friday, July 27th, 1860.
The CoundTmet this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of the last meeting having been read and
approved,
The consideration of the "Bill to extend the Provisions of
the Joint Stock Companies Acts, 1856, 1857, and 1858, to Vancouver Island and its Dependencies" was resumed in Committee,
and the following amendments unanimously agreed to:—
Section 2nd was struck out and the other numbers altered
accordingly.
To section 3rd the following words were added, at line 1,
after the words " by the " : " 42nd section of the Joint Stock Companies Act, 1856."
To section 6th the following words were added:—
" Provided that all powers or functions assigned to any Judge
or Court of Justice in England by any of the said Acts shall be
exercised by the said Supreme Court ; and if in any of the said
Acts different modes of procedure are required to be pursued in
England or in any other part of the United Kingdom, the procedures required in England shall, subject to the last preceding
provision, be pursued in Vancouver's Island and its Dependencies."
. The following was inserted as Section 11th of the Act
namely :—
"11th. The enactment as to the payment of money, which
by section 83 of the said Joint Stock Companies Act 1856, is
required to be made to the Bank of England, shall at the discretion
of the said Court in lieu thereof be paid into an Incorporated or
Chartered Bank carrying on business hi the Colony of Vancouver's
Island."
The* Bill was then ordered to be engrossed.
" An Act to declare certain Foreign Coins a Lawful Tender "
was considered in Committee, amended, brought up as amended,
ordered to be engrossed, and to be read a third time at the next
meeting of Council.
The Council adjourned to Tuesday next, the 31st instant at
3 o'clock pan.
" Stock Companies BUI."
Subsequently
amended.
See Minutes
of 31st July.
Subsequently
amended.
See Minutes
of 31st July.
" Foreign
Coins  Bill.' 68
Minutes of Council,
"V.I. Jofnt
Stock Companies Bill."
!   i
Supply, £9,364.
Salaries.
Tuesday, July 31st, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read and approved,
The consideration of the " Bill to extend the Provisions of the
Joint Stock Companies Acts, 1856, 1857, and 1858, to Vancouver
Island and its Dependencies " was resumed, and the following :
amendments unanimously agreed to:—
Section III. amended to read as follows:—
" The 42nd section of the said Act 1856 shall be amended by
omitting the words ' the United Kingdom,' and inserting in lieu
thereof the words '. Vancouver Island and its Dependencies.' "
Section XL amended to read as follows:—
"All monies received as mentioned in section 83 of the said
Joint  Stock  Companies Act, 1856,  shall,  in lieu of tîfe Banks
therein mentioned, be paid into any Incorporated or Chartered^
Bank carrying on business in the Colony of Vancouver Island."
The Bill as amended was read a third time and passed.
The " Bill to declare certain Foreign Coins a Lawful Tender "
was read a third time and passed.
The Council then adjourned to Tuesday, the 7th August at
3 o'clock pan.
Tuesday, August 7th, 1860.
The Council adjourned, by reason of there being no business
before it until Tuesday, the 14th instant, at 3 o'clock pjn.
Tuesday, August 14th, 1860.
The Council met this day pursuant to adjournment
Present : .
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of the last meeting were read and approved.
The following Acts, received from the House of Assembly,
vizt:—
1st. "An Act to apply the Sum of £9,364 out of the General
Revenue, &c, &c.";
2. "An Act for the payment of certain Salaries." Vancouver Island.
69
3. " An Act to apply the Sum of £3,207/14/1 out of the General
Revenue, &c. &c" ;
4. "A Bill for rendering the Administration of Justice in
Minor Criminal Cases more speedy and certain,"
were read a first time, and ordered to be brought up for second
reading on Thursday, the 23rd instant.
The Council adjourned to Thursday, the 23rd instant, at 3
o'clock p.m.
Thursday, August 23rd, 1860.
There being no quorum, the Council adjourned to Tuesday,
the 28th instant at 3 o'clock p.m.
Monday, August 27th, 1860.
The Council met this day at 3 o'clock p.m. pursuant to notice
issued.
Present: His Excellency the Governor and the following
Members :—
Honble. R. Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The following Bills were taken up for second reading:—
1. "An Act for the Payment of certain Salaries."
2. "An Act to apply the Sum of £337/14/1 out of the
General Revenue, &c."
3. "An Act to apply the Sum of £9,364 out of the General
Revenue, &c."
The following Bills, sent up from the House of Assembly,
were read a first time:—
1. " An Act to improve the Streets in the Town of Victoria."
2. " An Act to make Provision for the Pilotage of the Harbours
of Victoria and Esquimalt"
The Council then adjourned to to-morrow, Tuesday, the 28th
instant, at 1 o'clock p.m.
Previous to the adjournment His Excellency the Governor
informed the Council of his intention to proceed to British Columbia to-morrow, where he would be absent for some weeks ; further,
that the Admiral had been notified to the same effect; and that
the Senior Member of Council would act for the Governor in his
absence.
Supply,
£3,207/14/1.
" Minor
Criminal
Cases."
" Salaries
Bill."
Supply,
£3,207/14/1.
Supply,
£9,364. Minutes of Council,
Supply,
£3,207/14/1.
Supply,
£9,364.
" Streets of
Victoria."
Rules
suspended.
" Streets  of
"Vietorla."
Communication from
Governor.
Tuesday, August 28th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser,
„      Chief Justice Cameron.
The following Bills were read a third time and passed :—
1. "An Act for the Payment of certain Salaries."
2. "An Act to apply the Sum of £3,207/14/1 out of the
General Revenue, &c"
3. "An Act to apply the Sum of £9,364 out of the General
Revenue, &c."
" An Act to improve the Streets in the Town of Victoria " was
read a second time.
It was moved, seconded, and carried, That the Rules be suspended, to permit the "Act to improve the Streets in the Town
of Victoria" to be read a third time, on account of the urgency
of the measure.
"An Act to improve the Streets in the Town of Victoria"
was read a third time and passed.
The Council adjourned until further notice.
Thursday, August 30th, 1860.
The Council met this day pursuant to the request of the
Honble. Chief Justice Cameron.
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Honourable the Chief Justice stated that he had received
from, and was authorized by His Excellency the Governor to hand
a letter, of which the following is a copy, to the Honourable
Roderick Finlayson, the Senior Member:—
Government House,
August 28th, 1860.
Sir,—As it is probable that many Bills of great importance
and urgency may be brought before the Council during my absence •
from Vancouver Island, I hereby empower and authorize you to
give my assent to the same:
Provided always, that you be satisfied that any delay in their
coming into operation would be prejudicial to the interest of the Vancouver Island.
71
Colony; and provided they contain nothing that is repugnant to
the laws of England, and contrary to my instruction from Her
Majesty the Queen.
I have the honor to be,
Sir,
Your obedient Servant
(Signed)    James Douglas,
Governor.
To the Honble. Roderick Finlayson,
Senior Member of the Council.
The Council then adjourned to Friday, the 31st instant at
1 o'clock pjn.
Friday, August 31st, 1860.
The Council met this  day at 1 o'clock p.m. pursuant to
adjournment
Present:
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
Mr. Finlayson, the Senior. Member of Council, informed the
Council that His Excellency the Governor having left the Colony
for a short period, as appears by his letter in the Minutes of yesterday, he, Mr. Finlayson, has undertaken to perform the duties and
functions of Governor, hi virtue of said letter, and of the 40th
Section of Her Majesty's Instructions to the Governor.
The Council then adjourned till further notice.
Wednesday, September 12th, 1860.
The Council met this day pursuant to notice issued.
Present :
Honble. Roderick Finlayson, Senior Member,
,,       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of the last meeting haying been read,
The following Bills, sent up from the House of Assembly,
were brought before the Council :—
Hon. R.
Finlayson
as Acting-
Governor. ■PfIMIIP    K
72
Minutes of Council,
" Liquor
Licence Bill.'
" Real   Estate
Tax BiU."
" Liquor
License Bill."
1. "A Bill to authorize and regulate the Sale of Fermented
and Spirituous Liquors."   Read a first time.,
2. " A Bill to provide for the Repair, Improvement and Regulation of Roads in Vancouver Island and its Dependencies." Read
a first time.
3. " An Act to levy an Annual Tax of £1 per Centum on the
Value of all Real Estate in the Colony of Vancouver Island and
its Dependencies."   Read a first time, and ordered to be printed.
The Council then adjourned to Tuesday next, the 18th instant.
Tuesday, September 18th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson, Senior Member,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The following Bills, vizt :—
1. The " Road Act, 1860," and
2. The " Bill to authorize and regulate the Sale of Fermented
and Spirituous Liquors,"
were read a second tune, and ordered to be considered in Committee at the next meeting of Council.
The Council then adjourned to Wednesday, the 26th instant.
Wednesday, September 26th, 1860.
There being no quorum present, the Council adjourned to'
Tuesday, October 2nd, 1860.
Tuesday, October 2nd, 1860.
There being no quorum present, the Council adjourned until
further notice.
Wednesday, October 10th, 1860.
The Council met this day pursuant to notice issued, His
Excellency the Governor being present and the following Members:—
Honble. Rodk. Finlayson,
„       John Work,
„       Chief Justice Cameron. Vancouver Island.
73
The "Bill to authorise and regulate the Sale of Fermented
and Spirituous Liquors " was considered in Committee, brought
up, read a third time, and passed, with a rider to be added explaining that the " fermented liquors " mentioned in clause 3 of section
1 shall be construed to mean wines of any description.
The " Act to impose certain Duties in respect of certain Trades
and Occupations" was read a first time.
" An Act for erecting and maintaining a Beacon Light at the
Entrance of the Harbor of Victoria" was read a first time.
" A Bill to provide for the Repair, Improvement and Regulation of Roads in Vancouver Island and its Dependencies" was
ordered to be engrossed, and further considered hi Committee.
The Council adjourned until to-morrow, Thursday, October
11th, at 1 o'clock pjn.
Thursday, October 11th, 1860.
The Council met this  day at 1 o'clock  p.m.  pursuant to
adjournment, His Excellency the Governor being present and the
following Members:—
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser.
" An Act to impose certain Duties in respect of certain Trades
and Occupations" was read a second time.
"An Act for erecting and maintaining a Beacon Light at the
Entrance of the Harbor of Victoria" was read a second time.
The Council then adjourned until Friday, the 12th instant at
1 o'clock p.m.
Friday, October 12th, 1860.
The Council met this day at 1 o'clock p.m. pursuant to
adjournment
Present :
Honble. Rodk. Finlayson,
I       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The "Road Act, 1860," was considered in Committee.
The " Trade Licenses Act, 1860," was considered in Committee,
brought up, read a third time, and passed, with a recommendation
that the House of Assembly shall be pleased to add to the Preamble
thereof the following words, vizt:—
" Within the Colony of Vancouver Island and its Dependencies." And to the enacting clause, after the word " Assembly,"
shall add " of Vancouver Island and its Dependencies."   And after
"Trade
Licenses
BUI.
"Victoria
Lighthouse
Bin." *•
" Road   Bill.'
" Victoria
Lighthouse
Bin."
" Trade
Licenses
Bfll." Minutes of Council,
" Indian
Liquor Bill."
" Fermented
and  Spirituous
Liquors Bin."
House declines
to accept
Council's
amendment.
" Indian
Liquor Bill."
the word " following," in the fourth line of the first clause, add
the words " in the said Colony and its Dependencies." And after
the word " advance," in the ninth line of the same clause, shall
add the words "to and."
The Council then adjourned until Wednesday, the 17th instant,
at 1 o'clock p.m.
Wednesday, October 17th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The   following   Acts   were   received   from   the   House   of
Assembly :—
1. " An Act prohibiting the Sale or Gift of Intoxicating Liquors
to the Indiana."
2. " An Act to declare certain Foreign Coins a Lawful Tender."
Returned amended.
The "Bill to regulate the Sale of Fermented and Spirituous
Liquors," passed, with a rider, in Council the 10th of October,
was received from the House of Assembly with the following
resolution :—
"That this House is of opinion that the* amendment to the
1 Act to authorize and regulate the Sale of Fermented and Spirituous Liquors,' sent down by the Honourable Council, virtually alters -
the scale of taxation in that Act fixed by this House; and this
House is also of opinion that the acceptance of such an amendment would be a surrender of its most important privilege, and
must therefore decline to consider the same."
The Council then adjourned aintil Friday, the 19th instant
at 1 o'clock pjm.
Friday, October 19th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The " Indian Liquor Act, 1860," sent up from the House of
Assembly, was read a first time. Vancouver Island.
75
The " Act to declare certain Foreign Coins a Lawful Tender "
was taken up and discussed.
The Council then adjourned to Thursday next, the 25th
instant at 1 o'clock p.m.
Thursday, October 25th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Rodk. Finlayson,
|       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read,
The following Bills were received from the House of Assembly,
vizt :—
1. "An Act to confirm certain Persons in the Fee-simple of
the Real Estate which they now hold."
2. "A Bill to declare the Limitation of certain Causes of
Action and Suit"
The " Indian Liquor Act I860," was read a second time.
The "Act to confirm certain Persons in the Fee-simple of
Real Estate" was read a first time.
"A Bill to declare the Limitation of certain Causes of Action
and Suit" was read a first time.
The "Road Act, 1860," was considered in Committee.
The Council then adjourned until Tuesday, the 30th instant,
at 2 o'clock p.m.
Tuesday, October 30th, 1860.
The Council met this day pursuant to adjournment.
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read,
The following Bills were received from the House of Assembly,
vizt:—
1. "A Bill to provide for the Yearly Registration of Voters,
and other Purposes relating thereto."
2. "An Act to amend the Scale of Fees charged for the
Entrance and Clearance of Vessels ; Licenses to Scows, Boats, and
other Craft, and Dues for Landing Permits; as well as other
Matters relating to the Same in the Port of Victoria, including
Esquimalt"
" Foreign
Coins Bill.'
" Fee-simple."
" Indian
Liquor Bill."
" Fee-simple.'
" Registration
of Voters." 76
Minutes of Council,
" Limitation
of Foreign
Actions B1U."
" Indian
Liquor, BUI."
" Victoria .
and Esquimalt
Harbour BiU."
" Victoria
Harbour Loan
Bill."
" Voters*
Registration
BIU."
" Voters'
Registration
BiU."
" Victoria
Harbour and
Bridge Removal
BUI."
i 3. "An Act to authorize the Raising of a Loan of £10,000
upon the Security of the Dues and Monies Fevied by virtue of
the 'Victoria and Esquimalt Harbour Dues Act I860.'"
The "Act to confirm certain Persons hi the Fee-simple of
Real Estate" was read a second time.
" A Bill to declare the Limitation of certain Causes of Action
and Suit" was read a second time.
The "Indian Liquor Act I860," was read a third time and
The "Victoria and Esquimalt Harbour Dues Act, 1860," was
read a first time.
The "Act to authorize the Raising of a Loan of £10,000 on
Harbour Dues" was read a first time.
The "Bill to provide for the Yearly Registration of Voters"
was read a first time.
The Council then adjourned until Friday, the 2nd November,
at 1 o'clock p.m.
Friday, November 2nd, 1860.
The Council met this day pursuant to adjournment
Present :
Hon. Roderick Finlayson,
„    John Work,
„    Donald Fraser.
The Minutes of last meeting having been read,
The " Bill to provide for the Yearly Registration of Voters "
was read a second tune, and appointed to be considered in Committee at next meeting of Council.
The Council then adjourned to Tuesday, the 13th instant.
Tuesday, 13th November, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read,
The "Act for the Improvement of the Harbor of Victoria,
and the Removal of the Present Victoria Bridge," with the accompanying plan, &c, was received from the House of Assembly,
The said Act was read a first time.
The " Road Act I860," was considered in Committee, clause
by clause, and the Council resolved to return the same to the
House of Assembly with a suggestion that as the Act imposes a MPBP
Vancouver Island.
77
commutation in money for labour, it might be construed to come
within the category of a Money Bill, the House shall be pleased
to reconsider the same, and adopt the amendments of the Council
thereon.
The Council then adjourned to Monday next, the 19th instant
Monday, November 19th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read,
The " Victoria and Esquimalt Harbour Dues Bill, 1860," was
read a second time, and the following amendments were proposed,
seconded, and carried:—
In the enacting clause, at line 4, after the word "the" and
before the word " consent," insert the words " advice and."
In clause V., at line 18, strike out the word "price," and
insert in lieu thereof the word " sum."
In clause VI., at line 14, after the word "goods," insert the
words " so landed."
The "Victoria Harbor Act 1860," was read a second
time, and the following amendment was proposed, seconded, and
carried :—
In the enacting clause, at line 4, after the word " Assembly,"
insert the words " of Vancouver Island and its Dependencies."
" An Act for rendering the Administration of Justice in Minor
Criminal Cases more Speedy and Certain " was read a second
time, and the following amendments were proposed, seconded, and
carried:—
In the enacting clause, at line 4, before the word "consent"
insert the words "advice and," and at line 5, after the word
I Assembly," add the words " of Vancouver Island and its Dependencies."
The following clause to be added to the Act :—
"Clause 9. This Act may be cited as 'The Minor Offences
Art, I860.'"
The "Limitation of Foreign Actions Act I860," was read a
third time, and the following amendment was carried:—
In the enacting clause, at line 4, after the word " the," insert
the words " advice and " ; and the Act as so amended passed.
The "Act to confirm certain Persons hi the Fee-simple of
Real Estate" was read a third time, and the following amendments were proposed, seconded, and carried:—
" Harbour
Dues BUI."
" Minor
Offences   BUI.'
" Foreign
Actions BUI.' Minutes of Council,
" Registration
of Voters Bill.'
" Harbour
Dues BUI."
" Victoria
Harbor BUI."
In the Preamble, at line 18, after the word " same," insert the
words "in good faith."
In Clause L, at line 5, strike out the words and figures " 1st
January, 1860," and insert in lieu thereof the words "passage of
this Act " ; and
In Clause XI. (Short Title) strike out the words " fee simples,"
and insert in lieu thereof the word "titles"; and the Act as so
amended passed.
"An Act to amend the Registration of Voters, 1859," was
introduced by Mr. Fraser, and read a first time.
On motion of Mr. Fraser, the order for going into Committee
on the "Bill to provide for the Yearly Registration of Voters"
was discharged.
" An Act to make Provision for the Pilotage for the Harbours
of Victoria and Esquimalt" was read a second tune, and ordered
to be considered in the Committee.
The Council then adjourned to Wednesday, the 21st instant,
at 1 o'clock pan.
Wednesday, 21st November, 1860.
The Council met this day pursuant to adjournment.
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read, The " Victoria
and Esquimalt Harbour Dues Act I860," was read a third time
and passed.
2d. The " Victoria Harbour Act, 1860," was taken up and considered, and the following amendments were proposed, seconded,
and carried, vizt:— Églilii
After the word " certificate " and before the word " in," on
the 4th line of clause XII., to insert the words " signed by the
Governor and sealed and countersigned by the Colonial Secretary
of Vancouver Island " ; to add Form A to the Schedule to the Bill
appended; to strike out the letter E and to insert the letter B
in the 23rd line of Clause XIII.
The Bill was then read a third time and passed.
The " Minor Offences Act I860," was read a third time and
passed.
The "Annual Registration of Voters Act I860," was read a
second time.
The "Real Estate Tax Act, 1860," was read a second time,
and the following amendments proposed, seconded, and carried,
vizt:— Vancouver Island.
79
In the last line of the Preamble to the Bill, after the words
" Her Majesty^ insert " Her heirs."
In the enacting clause, after the word " advice," insert " and
consent"
In the 12th line of clause III., after the words " Her Majesty,"
insert "Her heirs."
In the second line of part 5, clause XVI., strike out the words
"upon oath."
In the last line of clause XX., strike out the word "land"
and insert the words " real estate."
The "Roads Act, 1860," was read a third time and passed.
The Council then adjourned until Friday, the 23rd instant,
at 1 o'clock p.m.
Friday, November 23rd, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read,
The " Victoria Bridge Removal Act, 1860," was read a second
time, and evidence taken as to the sufficiency of the proposed
bridges, and as to the eligibility of the proposed line of new road.
The Bill was then ordered to be considered in Committee at next
meeting of Council.
The " Real Estate Tax Act, 1860," was taken up, reconsidered,
and the following amendments proposed, seconded, and carried,
in addition to the amendments made at hist meeting of Council,
vizt:—
To fill up the blank in line 3 of clause XXXII. by inserting
the words " commit or allow." The Bill was thereafter, with the
several amendments thereto, read a third time and passed.
The order to consider the "Voters* Registration Act 1860,"
was discharged, and it was moved, seconded, and carried, that
the Bill be read again this day six months.
The "Annual Registration of Voters Act, 1860," was read a
third time and passed.
The Council then adjourned until Monday, the 26th instant,
at 1 o'clock p.m.
" Seal Estate
Tax BiU."
" Victoria
Bridge Removal
BUI."
" Voters»
Registration
BIU " rejected.
" Annual
Registration
of Voters Bill. 80
Minutes of Council,
" Victoria
Bridge Removal
BiU."
" Victoria
Bridge Removal
BUI."
Governor's
plan to promote
settlement.
Hon. D.
Cameron files
protest against
" Roads BUI."
Monday, November 26th, 1860.
The Council met this day pursuant to adjournment.
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read,
The "Victoria Bridge Removal Act, 1860," was taken up and
considered in Committee, and evidence taken upon the plans and
specifications, and the further consideration of the Bill postponed
until the next meeting of Council.
The   Council  then   adjourned  to  Thursday  next   the 29th
instant at 1 o'clock p.m.
Thursday, November 29th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser.
The Minutes of last meeting having been read,
The "Victoria Bridge Removal Act, 1860," was further considered in Committee, and additional evidence taken upon the
subject of the plans and specifications.
The Bill was ordered to be further considered, and one of
the plans ordered to be amended.
His Excellency the Governor laid before the Council a paper
embracing a plan to promote the settlement of the Colony, by
rendering more easy and liberal the mode of obtaining agricultural |
land in Vancouver Island and its Dependencies, to which His
Excellency begged the earnest and serious consideration of the
Council.
The Council received His Excellency's paper on the above
subject and it was ordered to be taken into consideration at next
meeting.
Mr. Cameron filed the following protest, which was ordered
to be entered on the Journals :—
"I dissent to the passage of the Bill entituled 'A Bill to
provide for the Repair, Improvement, Laying-out, and Regulation 1
of Roads in Vancouver Island and its Dependencies ' as a law for
this Colony, for the following reasons:—
" First : Because the laws already in existence, if enforced
relative to the repairs of highways, are effectual and sufficient to
meet the necessity for which this Bill has been introduced. With
regard to these and all other laws, I may observe that it was Vancouver Island.
81
determined long ago and laid down as a rule by the Lords of the
Privy CouncOV>That if there be a new and uninhabited country
found out by English subjects, as the law is the birthright of
every subject, so wherever they go they carry their laws with
them, and therefore such new found country is to be governed
by the laws of England.'
" On this rule it is my duty to hold that the laws of England
in existence at the reading of Governor Blanshard's Commission
(on his arrival here) were by that very act established as the
laws that were thenceforth to govern this Colony, and it therefore
follows that the laws of England relating to highways are now
in existence, and merely wait the action of the Executive to put
them in operation.
" Second : Because this Bill revives the system of Statute
Labour for the repairs of highways, which has been abolished hi
England since the year 1835 by the 5 & 6 WilL TV., ch. 50. It was
there found from the evidence of persons of the greatest practical
experience that there was not only a great waste of labour on
the highways under this system to the great disadvantage of the
public, but also that it was impossible to adopt ihe improvements
which had been so successfully introduced on other roads in
various parts of the Kingdom. This reason is equally cogent here
against its revival, as from the greatly enhanced cost of labour
the public interest will suffer more from its waste.
"Third: Because the mode hi which this BUI directs the
assessment of the tax of labour to be made is most grievously
unequal; inasmuch as the six days' labour or the composition
therefor of six shillings and three pence per day is to be assessed
without reference to the value of property; so that in fact the
poor man who rents a small house and lives only by his daily
labour must contribute the same quantity of labour or money as
his richer neighbour who is the possessor of land (it may be all
in cultivation) to the extent of one hundred acres, with a substantial dwelling-house, outhouses, barns, and live stock thereon,
altogether amounting to great value.
" Fourth : Because the Town of Victoria is excepted from the
operation of the.Bill. If it is not equitable for the town, it can
scarcely be equitable for the country.
"Fifth: Because the provision for recovering unpaid compositions for the labour tax by selling the lands of defaulting
parties who may be absent from the Colony, or who may not have
sufficient goods and chattels to satisfy a distress, is totally
unknown and repugnant to the laws of England. It will destroy
the rights of third parties who may have an interest in the land
by way of reversion or remainder, and effectually reduce its value
as a security for money in the estimation of the capitalist.
6
Hon. D.
Cameron's
objection to
" Roads Bill.'
Laws of
England
in force.
Objection
Statute
Labour.
Assessment
of labour tax
" grievously
unequal."
Town of
Victoria.
Mode of
collecting
unpaid labour
tax repugnant. 82
Minutes of Council,
Hon.  D.
Cameron's
objection to
" Roads BUI."
" Transfer of
Real Estate."
" Victoria
Gas Co."
" Victoria
Bridge Removal
BiU."
Amendments.
" Sixth : Because that this great change in the law for the
recovery of taxes, affecting as it does all the laws relating to real
property, is foreign to the Bill and tacked on without notice in
the Title or Preamble, a practice which has been denounced by
high authority as unparliamentary and tending to the destruction^
of the Constitution.
"(Signed)    Davd. Cameron,
Chief Justice."
The Council  then  adjourned  until  Monday  next,  the  3rd
December, at 1 o'clock p.m.
Monday, 3rd December, 1860.
The Council met this day pursuant to adjournment.
Present :
The Honble. Rodk. Finlayson,
„ John Work,
„ Donald Fraser.
The Minutes of last meeting having been read,
The   following   Bills   were   received   from   the   House   of
Assembly :—
"A Bill to facilitate the Transfer of Real Estate and the
Registration of Titles."
2. " Bill to incorporate the Victoria Gas Company."
The " Victoria Bridge Removal Act I860," was then taken up,
and the following amendments thereto, and'to the specification
marked Schedule C, and to the plans accompanying the Bill, were I
proposed, seconded, and carried.
Amendments to the Bill:—
1. To add to the enacting clause the words " advice and "
before the word " consent"
2. To strike out the word "communication" and insert the
words " road and bridges " hi the 2nd and 3rd lines of section III.
To add the words " according to the specification hereto
annexed " after the word " completed " in the 2nd line of the same
section.
3. To add the word " thereof " after the word " piles " and
before the word " or " on the 13th line of the same section ; and
to strike out the words " so as to leave no part thereof projecting
above the bed of the Harbour" from the last line of the same
section.
4. To insert the words " bond with " after " a " and before
" sufficient " on the 6th line of section IV.
5. To strike out the word "further" from the last line but
one of the same section. Vancouver Island.
83
Amendments to plans and specifications:—
6. That 15-y-inch piles be used (instead of 12-inch, as proposed).
7. That the depth from high-water mark to the foundation
shall be shewn on a drawing.
8. That the proposed grade and relative levels of the bridges
for 50 yards at each end of both be shewn on the plan marked
"Trial section for road."
9. That the centre span of both bridges shall be not less than
35 feet
10. That iron bolts shall be used to fasten the caps of the
pile heads (instead of spikes as proposed).
11. That a substantial draw which will work easily, and
with little labour, be placed in each bridge, as the Council consider
draws in the bridges essential for the public convenience.
12. That the junction of the new road with the present
Esquimalt Road at or near the point marked E on Plan A shall
be exactly opposite the point of divergence of the alteration in
the Esquimalt Road from the present one, which is in contemplation to be made to the southward of the Esquimalt Road, with
the view of avoiding the hill or hills near Mr. Russell's house.
The plans having been altered and amended in Committee, and
a " view of the draws " and a " trial section for the road " having
been supplied to the Council, the Bill with the above amendments
thereto, and to the plans and specifications, which are taken to be
and considered as part of the Bill itself, was read a third time
and passed.
The "Victoria Gas Company's Act, 1860," was read a first
time.
The "Land Registry Act, 1860," was read a first time.
" An Act to confirm certain Titles to Real Property in Vancouver Island" was introduced by Mr. Fraser, and read a first
time.
The Council then adjourned till to-morrow, Tuesday, the 4th
instant at 1 o'clock p.m.
Tuesday, December 4th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
"An Act to confirm certain Titles to Real Property in Vancouver Island" was read a second time.
Amendments
to plans and
specifications,
" Victoria
Bridge Removal
BIU."
" Victoria Gas
Co."
" Land
Registry  BIU."
"Titles from
H.B. Co." Minutes of Council,
■** Victoria Gas
Co."
"Gas Bffl"
as amended
passed.
The " Victoria Gas Company's Act I860," was read a second
time.
The Council then adjourned to Wednesday, December 5th at
1 o'clock pan.
Wednesday, December 5th, 1860.
The Council met this day pursuant to adjournment
Present :
Honble. John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The following amendments to the "Bill to incorporate the
Victoria Gas Company " were moved, seconded, and carried :—
1. To strike out clauses L, II., III. of the Bill.
2. To strike out 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th,
13th, 14th, 15th, and 16th, and to insert in lieu thereof-before
each clause, beginning with clause 4th, 1st 2nd» 3rd, 4th, 5th, 6th,
7th, 8th, 9th, 10th, 11th, 12th, and 13th.
3. To insert at the beginning of clause 1st as amended the
words " The said Company," and to strike out the words " the said
Company" on the second line of the same clause.
4. To strike out the words " requiring the same " from the
8th line of clause 2nd as amended.
5. To insert the word "cubic" after the word "thousand"
and before the word "feet" on the 3rd line of clause 3rd as
amended.
6. To insert at the end of the same clause (and as an addition
thereto) the following words: "and shall supply as much gas as
may be required for lighting the streets of Victoria within 50 feet
of any main laid by the Company at the price of £1/5/- per
thousand cubic feet"
7. To insert the word " gas " after the letter " a " and before
the word " meter " in the 6th line of clause 4th as amended.
8. To insert the words " accurately measuring " after the word
and before the word "the" in the 7th line of the same
" for "
clause.
9th. To insert the words
and before the word "price'
10. To insert the word
fair market " after the letter " a "
in the 8th line of the same clause,
gas " after the word " and " and
before the word " meter " in the 11th line of the same clause.
11. To insert the words "nothing herein contained" at the
beginning of clause 7th as amended.
The Bill was read a third time with the above amendments
and passed. Vancouver Island.
85
"An Act to confirm certain Titles to Real Property in Vancouver' Island " was read a third time and passed.
The Council received a letter from His Excellency the Governor
enclosing two petitions from the inhabitants of Victoria and
Esquimalt, praying that the present Victoria Bridge may not be
removed.
The Bill referred to was, however, passed on a previous day,
with amendments, and returned to the House of Assembly.
The Council then adjourned until further notice.
Friday, December 7th, 1860.
The Council met this day pursuant to summons from His
Excellency the Governor.
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Donald Fraser,
„       Chief Justice Cameron.
The Minutes of last meeting were read.
The Council, having carefully considered the plan submitted
by His Excellency the Governor on the 29th ultimo for pre-empting
Crown lands in the Colony, is of opinion that some system which
will encourage the settlement of the waste lands of the Crown
is very desirable to be established.   The Council approves of the
principle involved in the plan submitted by His Excellency; and
recommends that it be adopted, with the modifications suggested
thereon, as well as those verbally submitted to His Excellency by
the different members of Council.
The "Bill to facilitate the Transfer of Real Estate and to
provide for the Registration of Titles" was read a second time.
The Council then adjourned sine die.
Wednesday, December 12th, 1860.
The Council met this day pursuant to summons from His
Excellency the Governor.
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The following Acts and Bills were received from the House
of Assembly:—
Victoria
Bridge.
Governor's
plan to
encourage
settlement.
" Land
Registry  Bill.' 86
Minutes of Council,
" Annual
Registration
of Voters
BUT."
" Victoria Gas
" Victoria
Bridge Removal
BUI."
" Land
Registry  BIU."
" Powder
Magazine
Bin."
" Titles from
H.B. Co."
(Council
BUI).
" Land
Registry BUI.'
" Powder
Magazine
Bffl."
Rules
suspended.
1. "An Act to amend the Registration of Voters Act, 1859,"
with amendments. The amendments of the H<r>use of Assembly
were agreed to, and the Act as amended, passed.
2. The " Victoria Gas Company's Act I860," with amendments
was considered, and the amendments of the House of Assembly
agreed to, and the Bill as amended passed.
3. The " Victoria Bridge Removal Art, 1860," with the Council
amendments agreed to.
The "Bill to facilitate the Transfer of Real Estate and to
provide for the Registration of Titles " was further considered in
Committee.
The Council then adjourned until further notice.
Thursday, 20th December, 1860.
The Council met this day pursuant to summons issued.
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The   following   Acts   were   received   from   the   House   of
Assembly :—
1. "An Act to authorize the Governor of Vancouver Island
and its Dependencies to grant certain privileges to the Constructors
of a Powder Magazine," which was read a first tune.
2. " An Act to confirm certain Titles to Real Property in
Vancouver's Island," the same having been agreed to in the House
of Assembly.
The "Bill to facilitate the Transfer of Real Estate and to
provide for the Registration of Titles " was further considered
in Committee ; was amended, brought up, ordered to be engrossed,
and read â third time on Monday next
The Rules of Council were suspended, and the " Powder
Magazine Act I860," was read a second time, and ordered to be
considered in Committee on Monday next
The Council then adjourned to Monday, 24th December.
Monday, 24th December, 1860.
The Council met this day pursuant to adjournment.
Present :
Honble. Rodk. Finlayson,
„       John Work,
.,       Chief Justice Cameron.
it Vancouver Island.
87
The Minutes of last meeting having been read,
The "Bllljto facilitate the Transfer of Real Estate and to
provide for the Registration of Titles " was read a third time and
passed.
The Council then adjourned to Wednesday, the 2nd January,
1861.
Wednesday, 2nd January, 1861.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
"An Act to afford Redress to Persons whose Property is
damaged by Animals trespassing within Enclosures " was received
from the House of Assembly and read a first time.
Moved by Mr. Finlayson and carried unanimously, That Mr.
Porter, who has been acting as Clerk of the Council for some time
past shall be paid a gratuity of fifty pounds sterling out of the
money voted for the use of the Council.
The Council then adjourned to Friday next, the 4th instant,
at 2 o'clock pan.
Friday, 4th January, 1861.
The Council met this day pursuant to adjournment.
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The resolution returned from the House of Assembly with the
" Bill to regulate the Sale of Fermented and Spirituous Liquors,"
received on the 17th of October last, was taken into consideration.
It was moved by Mr. Cameron, That the Bill be returned to
the House of Assembly with the following resolution:—
" Resolved, That the Council, disclaiming, as it does, any wish
to infringe on any privilege that the Assembly may possess, is
ignorant that the Assembly's privileges are other than those of
the Council, except the privilege conferred by a law passed during
the present Session, giving the House of Assembly the power to
delegate to Election and Special Committees the same power as
is possessed by such Committees of the House of Commons in
England.   The House of Assembly and the Council alike derive
" Land
Registry  BUI.'
Gratuity  to
Mr. Porter,
Acting-Clerk.
" Spirituous
Liquors Bill.'
Council and
Assembly
disagree.
Hon. D.
Cameron's
motion
respecting
privileges
of House. 88
Minutes of Council,
" Powder
Magazine
BiU."
their authority from the same source, vizt, the Commission and
Instructions accompanying it from the Crown -to the Governor;
and under that authority have both a similar privilege of freedom
of speech and debate. They are two co-ordinate branches of a
Legislature, instituted for the welfare and good government of the
Colony; and, such being the case, the Council conceives it has as
good a right to amend any proposed law that may be sent from
the Assembly to the Council, as the Assembly has to amend any
proposed law that may be sent from the Council to the Assembly.
And in the fair exercise of that right finding that the proposed
law or Bill entitled 'A Bill to authorise and regulate the Sale
of Fermented and Spirituous Liquors,' sent from the Assembly for
the concurrence of the Council, contained certain ambiguities which
appeared to the Council as likely to mar its working, the Council
therefore, in passing it attached a rider to the Bill explaining
those ambiguities. The Council do not wish to impede the passage
of the Bill, but consider that it requires amendment in that
respect and therefore return the Bill to the House of Assembly
that the House may have an opportunity of amending it by
denominating the fermented liquors mentioned in clause 3 of section
1 by names that the world recognises, vizt, wine, by the name
of wine; ale, beer, or porter, by the name of ale, beer, or porter;
cider, by the name of cider; perry, by the name of perry; and
ginger beer, by the name of ginger beer."
The resolution having been seconded and carried,
The "Enclosure Act I860," was read a second time.
The Council then adjourned to Monday next, the 7th instant
at 2 o'clock pan.
Monday, January 7th, 1861.
The Council met this day pursuant to adjournment.
Present:
Honble. Roderick Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The Bill entitled "An Act to authorise the  Governor  of
Vancouver Island and its Dependencies to grant certain Privileges
to the Constructors of a Powder Magazine" was considered in
Committee, amended, and ordered to be engrossed; the Bill was
then brought up, read a third time, and passed.
The Council adjourned until further notice. Vancouver Island.
89
Thursday, 17th January, 1861.
The Council met this day pursuant to notice issued.
Present:
Honble. Rodk. Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The following communications were received from the House
of Assembly, vizt:—
A letter under date 15th January, covering the "Bill to
authorise and regulate the Sale of Fermented and Spirituous
Liquors," returned from the House of Assembly, with remarks on
the answer sent them on the 4th of January by the Council with
said Bill ; which were taken into consideration ; and as the House
of Assembly requested a Conference on the subject of the Bill, the
Council assented thereto, and appointed 2 o'clock p.m. to-morrow,
the 18th instant, to hold such Conference, hi the Council Chamber.
A letter under date 14th January, enclosing the "Bill to
facilitate the Transfer of Real Estate and to provide for the
Registration of Titles," as amended by the Council, agreed to by
the House of Assembly.
The Council then adjourned to Friday, the 18th instant, at
2 o'clock p.m.
Friday, 18th January, 1861.
The Council met this day pursuant to adjournment.
Present :
Honble. Rodk. Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
The Council, hi accordance with the request contained in the
following  Resolution  Of  the  House,   met  the  Members  of  the
Assembly in Conference on the "Bill to authorise and regulate
the Sale of Fermented and Spirituous Liquors."
Resolution of the House of Assembly:—
" The House of Assembly, having taken into consideration the
communication of the Honorable Council of the 4th of January,
1861, resolve as follows:—
" L That the amendment proposed on the 4th day of January,
1861, by the Honourable Council to a ' Bill to authorise and regulate
the Sale of Fermented and Spirituous liquors' would effect an
alteration in the tax proposed to be levied by the said Bill.
" Liquor
License BUI "
returned from
the House witb
Resolution.
Conference
appointed.
Conference
between
Council and
House on
" Liquor
License Bill.' 90
Minutes of Council,
Conference
between
Council and
House on
" Liquor
License Bill.'
Council
explains its
use of the term
" privileges."
" Powder
Magazine
Bin."
" II. That all supplies and aids from the Colony of Vancouver
Island and its Dependencies for the use of Her Majesty are the
sole gift of the House of Assembly of the said Colony, and it is
the undoubted and sole right of the said House to direct limit,
and appoint in the Bills granting such aids and supplies, the ends,
purposes, considerations, limitations, and qualifications, of such
grants, which ought not to be changed or altered by the Honorable
Council.
" III. That this House cannot therefore enter into the consideration of the said amendment
" rv. That this House, being as unwilling as the Honorable
Council to impede the passage of the said Bill, requests a Conference with the Honorable Council at such tune and place as the
Honorable Council may deem fit"
After conferring with the Members sent up by the Honourable
the House of Assembly, it appearing that there is a misunderstanding of the meaning of the resolution sent by the Council to
the Honorable House on the 4th instant the Council wish to
explain that in using the word "privileges," as compared with
those of the Assembly, they meant the respective privileges of each
as two distinct branches of a local Legislature in their peculiar
character of Council and Assembly, and not that their privileges
are precisely similar.
The Council then adjourned to Tuesday, the 22nd instant at
2 o'clock pjn.
Tuesday, January 22nd, 1861.
The Council met this day pursuant to adjournment.
Present:
Honble. Roderick Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of last meeting having been read,
A communication was received from the House of Assembly
under date 21st January, covering the "Powder Magazine Act,
1860," which had been amended and passed by the Council on the
7th January, 1861, and was now returned by the House with
certain amendments in which the Council concur.
The Council then adjourned to Thursday, the 24th instant at
o'clock p.m. wm
Vancouver Island.
91
Thursday, January 24th, 1861.
The Council met this day pursuant to adjournment
Present :
Honble. Roderick Finlayson,
„       John Work,
„       Chief Justice Cameron.
The Minutes of the last meeting having been read,
A communication was received from the House of Assembly
under date 22nd January, accompanied by a resolution of the
House on the subject of the Minutes of Council of the 18th of
January, as follows:—
" House of Assembly,
22nd January, 1861.
" Resolved,—
"I. That this House regrets that the Minutes of Council of
the 18th January, 1861, are not sufficiently explicit with regard
. to the exclusive privileges of this House in matters of taxation
to justify the House in receding from its Resolution of the 15th
of January, and that therefore the Bill be ordered to lie on the
Table.
" IL That the Honorable Council be requested to fix a further
Conference with this House on account of the ambiguous language
of the Minutes of the Honorable Council of the 18th of January,
1861, and for this purpose to name an hour and place convenient
to the Honorable Council."
The foregoing resolution having been read, it was
Resolved, That the Minutes of Council of the 18th of January,
alluded to in the above Resolution of the Honorable the House
of Assembly, was explanatory of the Council's resolution of the
4th of January relative to the rider attached to the "Bill to
authorise and regulate the Sale of Fermented and Spirituous
Liquors," then returned to the Honorable House ; and which Bill,
as appears by the Journals of Council of the 10th of October last
was read a third time and passed by the Council with the Rider
in question, explaining what the Council supposed the Honorable
House to mean by the " fermented liquors " mentioned in clause 3
of section I., that the Honorable House might deal with the Bill
as they thought proper; and having so passed the Bill, it is not
now competent for the Council to deal further with it unless the
Honorable House amends the said rider and returns it to the
Council for their concurrence. The Council therefore consider it
unnecessary to have any further Conference with the Honorable
House on the subject
The Council then adjourned until further notice.
" BUI to
authorise and
regulate the
Sale of
Fermented and
Spirituous
Liquors."
Council and
Assembly
disagree.
Council
declines
further
Conference. 92
Minutes of Council,
His Excellency's Speech.
Wednesday, February 6th, 1861.
The Council met this day pursuant to notice, issued, His Excellency the Governor being present and the following Members :—
Hon. John Work,
„    Chief Justice Cameron.
His Excellency informed the Council that he had appointed
Alfred John Langley, Esquire, to be a Member of Council.
The Members of Council then attended His Excellency the
Governor to the House of Assembly for the purpose of being
present at the Prorogation of the House.
The Members of the House having assembled, His Excellency
took possession of the Speaker's Chair, and addressed the Legislative Bodies as follows:—
Honourable Gentlemen of the Legislative Council and Gentlemen
of the Legislative Assembly:
In releasing you from the labours of Session, I desire to
express my satisfaction at the result of your deliberations.
It is indeed impossible to review the many important measures
which you have passed this Session, without feeling that you have
applied yourselves to the performance of your arduous duties with
a degree of zeal and assiduity worthy of the highest praise. Those
measures embrace almost every department of the public business—
the Free Trade System before initiated has been confirmed, and
become an essential part of our policy ; you have also been careful
hi providing for the better administration of Criminal Justice;
the formation of Roads; the improvement of the Harbour of
Victoria; the Registration of Titles to Real Estate; and other
useful measures have been passed, which will no doubt tend to
promote the permanent interests of the Colony.
The interesting experiment of defraying the expenses of
Government by direct taxation, so propitiously began, will, I trust,
not disappoint the anticipations of the Legislature.
Gentlemen of the House of Assembly:
I have to convey to you my warmest thanks for the Supplies
which you have granted for the service of the year, and for the
execution of those Public Works which are essential to the
progress of the Colony.
I sincerely hope that the blessing of Almighty God may rest
upon our labours, and render them subservient to the substantial
prosperity and well-being of the Colony,
The Honble. Chief Justice Cameron then rose and said :—        

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