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RETURN To an Address of the Legislative Assembly for copies of all correspondence between the Dominion… British Columbia. Legislative Assembly 1882

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 45 Vic. Correspondence—Acts of 1880. 501
RETURN
To an Address of the Legislative Assembly for copies of all correspondence between
the Dominion Government and the Government of this Province, respecting
the Acts passed by the Legislature in the Session of 1880 and 1881.
By Command.
T. B. HUMPHREYS,
Provincial Secretary.
Provincial Secretary's Office,
23rd March. 1882.
The Secretary of State to the Lieutenant-Governor of British Columbia.
Ottawa, 30th July, 1881.
Sir,—With reference to the despatch of the 23rd July last, from your predecessor,
I have the honour to transmit to you, for the information of your Government, a copy
of an Order of the Honourable the Privy Council, and of the report of the Honourable
the Minister of Justice therein referred to, and to call your attention to the remarks of
the Minister of Justice relative to the Act, chap. 4, intituled " An Act to abolish priority
of and amongst Execution Creditors."
I have also to transmit to you a further Order in Council disallowing the undermentioned Acts, viz.:—"An Act to amend the Cariboo Waggon Road Tolls Act, 1876,"
and "An Act respecting tolls on the Cariboo Waggon Road," and the certificate of the
Honourable the Deputy of the Governor-General attached thereto.
I have, &c,
(Signed) Hector Langevin.
For Secretary of State.
Copy of a Report of the Committee of the Honourable the Privy Council, approved by the
Honourable the Deputy of His Excellency the Governor-General in Council, on the
29th July, 1881.
On a report dated 27th July, 1881, from the Honourable the Minister of Justice,
with respect to the Acts passed by the Legislature of British Columbia in the year one
thousand eight hundred and eighty, as follows: being chapters one to thirty-two,
inclusive.
On the recommendation of the Minister of Justice, and for the reasons stated in hia
report, the Committee advise that the power of disallowance be not exercised with
respect to all the Acts, except chapters 28 and 29, intituled respectively: " An Act to
amend the Cariboo Road Tolls Act, 1876," and "An Act respecting Tolls on the Cariboo
Waggon Road," which they recommend may be disallowed.
The Committee further recommend that the attention of the Lieutenant-Governor
of British Columbia be called to the remarks of the Minister of Justice relative to the
Act, chap. 4, intituled " An Act to abolish priority of and amongst Execution Creditors."
Certified.
(Signed)       J. O. Cote,
Clerk Privy Council. 502 Correspondence—Acts of 1880. 1882
Department of Justice,
Ottawa, July 27th, 1881.
I have tho honour to report with respect to the Acts passed by the Legislature
of British Columbia in the year one thousand eight hundred and eighty, as follows:—
I recommend that the power of disallowance be not exercised with respect to the
following, viz.: Chapters one, two, three, four, five, six, seven, eight, nine, ten, eleven,
twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-
seven, thirty, thirty-one, and thirty-two.
With reference to chap. 4, intituled " An Act to abolish priority of and amongst
Execution Creditors," I would remark that the Act is similar to an Act passed by the
Legislature of Ontario in the year 1880, which has been left to its operation. I append
hereto an extract from the report of tho Minister of Justice upon the Ontario Act, and
recommend that the attention of the Lieutenant-Governor of British Columbia be
called thereto.
Chapter 10, intituled " An Act respecting the fraudulent preferences of creditors by
persons in insolvent circumstances," seems to intrench upon the subject matter of insolvency, but the question is doubtful, and no inconvenience can arise by leaving tho Act
to its operation.
Chapter 28, intituled "An Act to amend tho Cariboo Waggon Road Tolls Act,
1876," is precisely the same as the Act passed by the Legislature of British Columbia
with the same title in the year 1878, and which was disallowed upon the recommendation of the Minister of Justice, and for the reasons set forth in his report to Council
dated 24th September, 1879. A copy of that report has already been transmitted to the
Lieutenant-Governor of the Province. The reasons for tho disallowance of the previous
Act apply to the present one, which should, I think, also be disallowed.
Chapter 29 is intituled "An Act respecting Tolls on the Cariboo Waggon Road,"
and is as follows:—"(1.) Notwithstanding any Act to the contrary, there shall be
" levied and paid unto and to the use of Her Majesty, Her heirs and successors, from all
" persons whomsoever, by way of toll upon every pound avoirdupois of rice carried from
" Yale in the direction of Cariboo a sum of two cents per pound in lieu of one cent per
" pound. (2.) This Act shall not come into force until a day fixed by Proclamation by
" the Lieutenant-Governor."
Tho reasons for the disallowance of the above-mentioned Act apply also to this one,
which I think should also be disallowed.
I therefore recommend that the Acts passed by the Legislature of British Columbia
in the year 1880, Chapters 28 and 29, intituled respectively "An Act to amend the
Cariboo Waggon Road Tolls Act, 1876," and " An Act respecting Tolls on the Cariboo
Waggon Road," be disallowed.
(Signed)        A. Campbell,
Minister of Justice.
Extract from the Report of the Minister of Justice referred to above.
Taking this Act section by section, much can be said in favour of the view that its
provisions are within the legislative authority of the Provincial Legislature, but taking
its effect as a whole, much can be said in support of the contention that it intrenches on
the subject of bankruptcy and insolvency, over which the Parliament of Canada has
exclusive legislative authority. In view of the doubts which exist with respect to the
matter,—in view, also, of the fact that the Insolvency laws of the Dominion have been
repealed,—in view, also, of the provisions of Section 28 of the Act, which provides that
it is not intended to interfere with the Insolvency laws which may from time to time
be in force, but is intended to be subject to such laws, and subject, as aforesaid, to apply
to all debtors, whether solvent or not; in view, also, of the fact that if the power of
disallowance be not exercised, any person wishing to test the constitutionality of the
Act in any of the Courts will be at liberty to do so,—I recommend that the power of
disallowance be not exercised with regard to the said Act.
(Signed)       James McDonald,
Minister of Justice. 45 Vic. Correspondence—Acts op 1880. 503
Government House, Ottawa,
Friday, 29th day of July, 1881.
Present :—The Honourable Sir William Johnston Ritchie, Knight, Deputy of His
Excellency the Governor-General.
In Council.
Whereas the Lieutenant-Governor of the Province of British Columbia, with the
Legislative Assembly of that Province, did on the 8th day of May, 1880, pass two Acts
which have been transmitted, entitled as follows, viz.:—"An Act to amend the Cariboo
Waggon Road Tolls Act, 1876," and " An Act respecting Tolls on the Cariboo Waggon
Road." And whereas the said Acts have been laid before the Deputy of the Governor-
General in Council, together with a report from the Minister of Justice recommending
that the said Acts should be disallowed:
The Honourable the Deputy of the Governor-General has, therefore, this day been
pleased, by and with the advice of the Privy Council for Canada, to declare his disallowance of the said Acts, and the same are disallowed accordingly.
Whereof the Lieutenant-Governor of the Province of British Columbia, and all
other persons whom it may concern, are to take notice and govern themselves accordingly.
(Signed)       J. O. Cote,
Clerk of the Queen's Privy Council of Canada.
I, Sir William Johnston Ritchie, Deputy of the Governor-General of Canada, do
hereby certify that the Acts passed by the Legislature of British Columbia, the 8th day
of May, 1880, intituled respectively " An Act to amend the Cariboo Waggon Road Tolls
Act, 1876," and " An Act respecting Tolls on the Cariboo Waggon Road," were received
by His Excellency the Governor-General on the 10th day of August, 1880.
Given under my hand and seal this 29th day of July, 1881.
(Signed)       W. J. Ritchie,
Deputy- Governor.
VICTORIA: Printed by Richard Wolpendks, Government Printer,
at the Government Printing Office, James' Bay.

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