{"AIPUUID":[{"label":"AIP UUID","value":"182b9aa1-0ca8-431f-80b7-7af2d9cd0a2a","attrs":{"lang":"en","ns":"https:\/\/open.library.ubc.ca\/terms#identifierAIP","classmap":"oc:DigitalPreservation","property":"oc:identifierAIP"},"iri":"https:\/\/open.library.ubc.ca\/terms#identifierAIP","explain":"UBC Open Collections Metadata Components; Local Field; Refers to the Archival Information Package identifier generated by Archivematica. 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This could be a full linked open date URI or an internal identifier"}],"FileFormat":[{"label":"File Format","value":"application\/pdf","attrs":{"lang":"en","ns":"http:\/\/purl.org\/dc\/elements\/1.1\/format","classmap":"edm:WebResource","property":"dc:format"},"iri":"http:\/\/purl.org\/dc\/elements\/1.1\/format","explain":"A Dublin Core Elements Property; The file format, physical medium, or dimensions of the resource.; Examples of dimensions include size and duration. Recommended best practice is to use a controlled vocabulary such as the list of Internet Media Types [MIME]."}],"FullText":[{"label":"Full Text","value":" 50 Vic. Correspondence\u2014Philip Kelly's Pre-emption. 423\nRETURN\nTo an Order of the House for a Return of all correspondence between the Department\nof Lands and Works and any officer of the Government, or any other person,\nhaving reference to a piece of land on the north side of Burrard Inlet, and\ndescribed as lying to the north of Lot 204, Group 1, New Westminster District.\nJNO. ROBSON,\nProvincial Secretary\nProvincial Secretary's Office,\n15th March, 1887.\nMr.  W. N. Bole to the Chief Commissioner of Lands and Works.\nNew Westminster, B. C,\n18th February, 1887.\nSir,\u2014 I beg to call your attention to a most extraordinary circumstance which occured,\nas I am informed by Mr. Kelly, m the Land Office here, to-day. Mr. Philip Kelly, a client of\nmine, who has pre-empted a piece of land on Burrard Inlet, north of Lot 204, Group 1, New\nWestminster District, inadvertently placed on the counter of the office a document, referring\nto said land, signed by one Stalker, and which Mr. Kelly had no intention of parting with, or\nusing. Mr. Warwick's name appeared in the document, and that gentleman seeing the document took it up, and insisted on keeping it, notwithstanding Mr. Kelly's formal demand for\nthe return thereof; Mr. Warwick further remarking \" that\" (referring to the document in\nquestion) \" will be sufficient to prove Henderson's claim.\" Mr. Kelly is, as you are already\naware, the bond, fide pre-emptor of the land in question, while Mr. Henderson is but a\nspeculative purchaser, representing, probably, much bigger individuals in a convenient background. May I trust that you, officially, entertain as strong a repugnance to speculative\nland purchasers as Mr. Robson, on behalf of himself and his colleagues from his place in the\nHouse, when discussing the Jaques' claim, as if that gentleman, which I doubt, honestly meant\nwhat he said, his Government has now an opportunity of proving their sincerity, and preferring\nthe claim of the bond, fide settler to the speculative purchaser. I am, therefore, to request that\nyou will direct Mr. Warwick forthwith to return to me, on behalf of Mr. Kelly, the document\nabove referred to. Your refusal to do so I must deem conclusive evidence that your Government are siding with Mr. Henderson against Mr. Kelly, who is determined, however, to\nexhaust every legal remedy before he surrenders his just rights. May I venture the hope that\nin expecting an answer of some kind to this letter, that I am not imposing too severe a strain\non your official courtesy.\nI am, &c,\n(Signed)        W. Norman Bole.\n7'Ae Surveyor-General to the Government Agent, New Westminster.\nVictoria, B. C, February 21st, 1887.\nSir,\u2014Mr. Philip Kelly complains that you have retained a document of his in connection\nwith a pre-emption he desires on Burrard Inlet. Will you be good enough to report the\nparticulars of the easel\nI have, &c,\n(Signed)        W. S. Gore,\nSurveyor-General. 424 Correspondence\u2014Philip Kelly's Pre-emption. 1887\nThe Government Agent, New   Westminster, to the Surveyor-General.\nNew Westminster, B. C, February 23rd, 1887.\nSir,\u2014In reply to your letter of 21st inst., I beg to report the following particulars, viz.:\nOn the forenoon of Monday, the 14th February inst., application was made by Mr. J. B.\nHenderson for the pre-emption of 160 acres of land on the north shore of Burrard Inlet.\nBy the afternoon mail of same day I received another application for the same piece of\nland from Mr. Hugh Stalker, of Moodyville.\nOn Friday, the 18th inst., I received still another application for the same piece of land\nfrom Mr. Philip Kelly in person. I, as a matter of course, informed Mr. Kelly that there\nwere already two applications in for the land in question, and that his application could not be\ngranted.\nAt this Mr. Kelly became quite hostile, and gave me to understand that the land was\nhis, inasmuch as he had been occupying and improving it for the last six months, and that he\nwas going to have it at all hazards. He then drew from his pocket and handed me the\nenclosed letter from Mr. Stalker.\nI then remarked that that would end the dispute between Henderson and Stalker, and\nmake the way clear for Henderson.\nMr. Kelly then picked up the letter and was about leaving the office when I objected to\nhis carrying the letter off with him, claiming that the document belonged to the office. He,\nfor a time, refused to give it up, but finally concluded to leave it.\nAt this point I informed Mr. Kelly that I felt confident the matter could be arranged\nwith Mr. Henderson, and that I would see Mr. Henderson on his (Kelly's) behalf when he\nreturned to town on Saturday or Monday. Mr. Kelly then left the office apparently quite\nsatisfied.\nIn a short time Mr. Kelly returned to the office, accompanied by one of Mr. Bole's clerks,\nand again made an effort to take the letter in question away, and I again objected. Mr. Bole's\nclerk then took a copy of the letter and both departed.\nOn the following day (Saturday) I saw Mr. Henderson, which resulted in that gentleman\nwithdrawing his claim in favour of Kelly.\nThe dispute as to the land is, therefore, settled to the satisfaction of all parties, and a\nrecord for the land in question has been issued to Mr. Kelly.\nAs to whom the document in dispute belongs you will be able to decide.\nI have, &c,\n(Signed)        C. Warwick,\nGovernment   Agent.\n[Enclosure.]\nMoodyville, Burrard Inlet, B. O,\nFebruary, 7th, 1887.\nMr. C.  Warwick,\nGovernment Agent, New   Westminster:\nMy Dear Sir,\u2014I beg leave to notify you that T have abandoned all rights to that lot of\nland being directly N. of lot 204, and discribed as follows :\u2014 (I was not aware that Philip\nKelly had made permanent improvements thereon.)\nCommencing at the N. W. corner of lot 204, group 1 ; thence N. 25 chains ; thence E. 20\nchains ; thence N. 40 chains ; thence E. about 14 chains ; thence S. about 65 chains ; thence\nW. about 34 chains to point of commencement.\nWitnesses : (Signed)        Hugh Stalker.\nW. H. Mackie,\nStanley James. 50 Vic Correspondence\u2014Philip Kelly s Pre-emption. 425\nMr.   Warwick to the Surveyor-General.\nNew  Westminster, February 23rd, 1887.\nDear Sir,\u2014The whole trouble in connection with the land applied for by Philip Kelly\nand others originated in Mr  Bole's office.\n^It appears Kelly left instructions with Mr. Bole some months ago to file his application\nwhen the land in question came into market, that is, on the expiration of the timber lease within\nwhich the land was situate.\nPrevious to the land coming into market Mr. Kelly had occasion to go up the coast, and\non his return, about the 17th inst., found that his instructions had not received any attention.\nHence the trouble.\nYours, truly,\n(Signed)        C. Warwick.\nThe Chief Commissioner of Lands and   Works to Mr.   II'. N. Bole,\nVictoria, B. C, March 5th, 1887.\nSir, \u2014-Your letter of the 18th ultimo was duly received, but I delayed answering it until\nthe Government Agent complained against could have an opportunity of reporting upon the\nalleged facts.\nHaving received the report of that officer, I find that the occurrence to which you aro\npleased to allude as ' a most extraordinary circumstance \" consisted simply in Mr. Warwick's\nmost commendable determination to retain possession of a letter which, though addressed to\nhimself, was not his personal property, but belonged to the archives of the office of which he is\nin charge.\nI also find that Mr. Warwick showed very proper courtesy in allowing your clerk to take\na copy of the letter in question in the interest of your client, Mr. Kelly ; but it seems to have\nbeen convenient to you to omit mention of that circumstance when preferring your complaint.\nIn \"view of the fact that Mr. Warwick did nothing more than his duty in retaining\npossession of the letter in question, that he went beyond the requirements of official duty and\nsucceeded in arranging the matter in the interest of your client, I can only characterise the\ncharge brought by you against that officer as frivolous, if not something worse.\nIt is more difficult to find words in which to convey adequate censure of the tone of\ndiscourtesy\u2014perhaps insolence would be the more appropriate expression-\u2014which pervades your\nletter ; and this appears all the more inexcusable in the light of Mr. Warwick's explanatory\nnote, to the effect that Mr. Kelly's troubles were the result of your own professional laches in\nnot having attended to his instructions at the proper time.\nThis is not the first time I have received a letter from you of a character undeserving of\nreply ; and I have to request that in any future correspondence with this Department you will\nendeavour, as far as may be in your power, to observe those rules of politeness common among\ngentlemen.\nI have, (fee,\n(Signed)        Wm. 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Library. Sessional Papers of the Province of British Columbia","attrs":{"lang":"en","ns":"http:\/\/purl.org\/dc\/terms\/source","classmap":"oc:SourceResource","property":"dcterms:source"},"iri":"http:\/\/purl.org\/dc\/terms\/source","explain":"A Dublin Core Terms Property; A related resource from which the described resource is derived.; The described resource may be derived from the related resource in whole or in part. 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