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RETURN To an Address of the Legislative Assembly for copies of all correspondence on the subject of non-payment… British Columbia. Legislative Assembly. 1878

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 41 Vic. Non-Payment of School Tax. • 497
To an Address of the Legislative Assembly for copies of all correspondence on the
subject of non-payment of School Tax by Chinamen in the employment of Mr.
J. S. Leas, Fraser River.
By Command.
Attorney-General's Office,
Uth March, 1878.
Mr. Ferris, J. P., to the Honourable the Attorney-General.
New Westminster, 23rd August, 1877.
Sir,—Enclosed please find depositions, &c, in a case which came before me yesterday, and, so far as I am aware, it is the first case of the kind that has been brought into
Court; and as the decision will be of considerable importance to this District, I respectfully solicit your advice on the objections raised by Mr. Edmonds. As the day named
for giving my decision is the 5th September, may I take the liberty of requesting an
answer previous to that date.
I have, &c,
(Signed) W. D. Ferris, J. P.
New Westminster, 22nd August, 1877,
John Sullivan Deas, of New Westminster District, Fisherman, charged on the complaint of J. C. Hughes, Tax Collector, with refusing to furnish him with a list of those
persons in his employ who were liable to pay School Tax.
Mr. Edmonds appeared for the defence.
J. C. Hughes sw7orn—I am Tax Collector for the District of New Westminster. On
tho 10th July last, I visited Mr. Deas and requested him to'furnish me with a list of the
names of all persons in his employ liable to pay School Tax; he said he w7ould do so
and would pay tho taxes provided the amount w7as left in his hands to pay a school
teacher for the place where he resided, but otherwise he would not. I told him I had no
power or authority to make any such promise.
On the 20th July, I sent Mr. Deas a letter, a copy of which I now read. (Tho letter
being a press copy could not be put in but was read.) It was a request to be furnished
with the list as above, and a copy of clause No. 4 of the "School Tax Act, 1876."
Subsequently I saw the defendant at Finlaison & Lane's establishment at New
Westminster, I then spoke to him re&pecting the list I had previously requested; ho said
he had been very busy but would send it up as soon as possible.
On or about tho 14th August, I received from defendant the letter now produced;
the following is a copy :—
" Deas' Fishery, August 14th, 1877.
" J. C. Hughes, Esq., New Westminster.
" Dear Sir,—1 will send you, before the week is out, the list of Chinamen's names
for the School Tax, I have been too busy to send it before.
"I remain, &c,
"pro. J. S. Deas,
" Chas. E. Woods."
The day following tho receipt of this letter I went to Deas' Fishery. Defendant then
offered me a partial list, such list containing only the names of the persons in bis employ
on the. 1st of July.   I declined to receive such list because it was not such a list as the
Statute calls for. 498 Non-Payment of School Tax. 1878
By Mr. Edmonds—I know Goon Gan, I applied to Messrs. Finlaison & Lane for the
taxes payable by the Chinamen in their employ. Goon Gan, at my request, furnished
me with the names of a portion of those Chinamen to enable me to furnish receipts in
the names of said Chinamen. Goon Gan paid me his tax separate; I do not recollect
asking Goon Gan for an order on Messrs. Finlaison & Lane for the payment of the
Chinamen's Tax.
By the Court—If I did ask Goon Gan for such order, which I do not recollect, it
was not with any idea of his being liable for the taxes of the said men.
This closed the case of the complaint.
For the Defence.
Mr. Edmonds made the following objections:—
1st.—That this Court has no jurisdiction in the matter, inasmuch as the Act does not
give a Justice of the Beace power to entertain the charge of refusing to furnish such list
as called for in the complaint.
2nd.—On the ground that tho Act does not impose any penalty for refusing to
furnish such list.
3rd.—That the list stated to have been tendered on or about tho 15th August was a
sufficient list as contemplated by clause 4 of the School Tax Act of 1876.
4th.—That Mr. Deas agreeing with a China boss for him to furnish Chinamen as
required at so much per hour, and paying only the China boss, does not render Mr.
Deas liable for School Tax for such Chinamen.
A list was here handed to complainant, but, as it contained only four names, he did
not accept it.
Case adjourned till Wednesday, 5th September.
Mr. Mason to Mr. J. C. Hughes.
Attorney-General's Office, 3rd Sept., 1877.
Dear Sir,—I think you had better withdraw the information against Mr. Deas for
refusing to supply you with a list of persons in his employ liable to pay School Tax, the
information having been laid under a wrong portion of clause 4 of the Act.
I will advise you further in duo course.
Yours truly,
For the Attorney-General,
II. S. Mason.
Mr. J. C. Httghes to Mr. Mason.
New Westminster, 14th Sept., 1877.
Sir,—I have the honour to acknowledge the receipt of your letter advising the
withdrawal of suit against J. S. Deas for not furnishing the list of names of employes
liable for School Tax and mentioning that you would address me further on the subject,
and I beg leave to inform you that in compliance with the advice I have withdrawn the
suit, and have to request you to be good enough to direct me how I am to proceed in
reference to this matter.
I have, etc.,
(Signed) J. C. Hughes.
Air. J. C. Hughes to Mr. Mason,
New Westminster, B. C,
September 28th, 1877.
Sir,—I have the honour to call your attention to my letter of the 14th instant, and
to request you to be good enough to advise me how to proceed for the recovery of the
School Tax due by J. S. Deas.
I have etc.,
(Signed) J. C. Hughes,


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