BC Sessional Papers

PETITION. British Columbia. Legislative Assembly 1888

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 51 Vic. Petition—Sumas Dyking Act (against). 479
To the Honourable the Speaker and Members of the Legislative Assembly of the
Province of British Columbia, in Parliament assembled.
The humble Petition of Montague William Tyrwhitt Drake and Robert Edwin Jackson, of
the City of Victoria, Solicitors, &c, and Agents of the " Manitoba Mortgage and Investment
Company, Limited," sheweth :—
1. The "Manitoba Mortgage and Investment Company, Limited," is a joint stock company,
having its head office in London, England.
2. By Sections 8 and 12 of the "Sumas Dyking Act, 1878," certain lands therein referred
to were made liable to be charged, and became charged, with the payment of certain moneys
therein mentioned, and the owners (not being the Crown) or the occupiers of such lands were
made liable to pay to one E. L. Derby or his assigns the moneys charged on such lands.
3. The moneys so charged, as in the last preceding paragraph mentioned, were by the said
Act made payable by two equal instalments in four and nine years from the 1 st day of January,
1878, and carried interest from the 1st day of July, 1878, on the for the time being unpaid
portion thereof, at the rate of eight per cent, per annum, payable on the 1st day of January in
each year; but no interest was to be payable on 1st day of January, 1879, unless the dykage
works referred to in the said Act should then have been half completed.
4. Half of the dykage works required by the said Act to be executed was completed before
the 1st day of January, 1879, and the interest on the assessments to that date was, with a
trifling exception, paid in due course.
5. In February, 1881, Colin Buchanan Sword, with the assent of the Chief Commissioner
of Lands and Works, took over the dykage works from Mr. Derby, who then transferred to the
said C. B. Sword all rights and privileges to him granted by the " Sumas Dyking Act, 1878," in
so far as they related to the lands known-as-Matsqui Prairie, and referred to in sections 12 and
13 of the said Act.
6. On 6th September, 1881, Mr. Hunter, the Government Engineer in charge of the dykage
works, reported the works as completed, and on the 21st of the same month the lands, consisting
of 5,980 acres at Matsqui Prairie, to which the said C. B. Sword, as assignee from Mr. Derby,
became entitled under section 13 of the before-mentioned Act, were granted to him by the
7. On 22nd September, 1881, your Petitioners advanced and lent the sum of $9,500 to the
said C. B. Sword, out of moneys held by them as such agents as aforesaid, at interest, on security
of the charges created by sections 8 and 12 of the said Act, and the sum of $9,178.94, that is
to say, $8,344.50 for principal and $834.44 for interest, to 12th February last, is now due and
owing on the said security.
8. By section 8 of the "Sumas Dyking Amendment Act, 1883," the time for payment of
such of the aforesaid instalments as were then unpaid was extended, that is to say, the instalments which, by the original Act, were made payable on the 1st day of January, 1882, are not
to be made payable until the lands in Matsqui Prairie, which are situated within the line of
dykes referred to in sections 12 and 13 of the lasf>mentioned Act, shall have been protected
from the overflow of the Fraser River for two consecutive seasons' high water, and the dykage
works shall have been completed to the satisfaction of the arbitrators or umpire referred to in
the Amendment Act; and the other instalments are not to be payable for three years thereafter.
9. By section 9 of the Amendment Act no interest on the unpaid instalments is to accrue
frcm the 1st day of July, 1882, until the dykage works have been completed to the satisfaction
of the arbitrators or umpire before referred to. 480 Petition—Sumas Dyking Act (against). 1888
10. Subsequent to the passing of the Amendment Act your Petitioners' right to receive
interest on the unpaid instalments up to the 1st day of July, 1882, was disputed, and they
recovered judgment in a suit they instituted to establish their right thereto under the original
Act, and the amount owing was paid.    Mr. Theodore Davie appeared for the defendants.
11. Your Petitioners submit that any legislation which may prejudically affect their security,
which was created by an Act of the Provincial Legislature, would not only be unjust to them,
but could not take place without injury to the credit of the Province, unless the amount which
is expressed to be secured by the Act of 1878, as amended by the Act of 1883, is paid to them
by the Provincial Government.
12. Your Petitioners, therefore, humbly pray that the Bill for an Act to be entitled " An
Act for the relief of the settlers and owners of land on Matsqui Prairie," now before your Honourable House, may not be passed, unless a clause be inserted therein that it shall not take effect
until the moneys which are made payable by the "Sumas Dyking Act, 1878," as amended by
the "Sumas Dyking Amendment Act, 1883," have been paid by the Provincial Government to
your Petitioners.
And your Petitioners will ever pray, &c.
M. W. Tyrwhitt Drake.
Robert E. Jackson.
-     10th March, 1888,
Vv'TORIA: Printed by Richard Wolfendik, Governmen
at the Government Anting Office, James' Bay.


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