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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":" 758 Correspondence\u2014McKinlay and others. 1876\nRETURN\nTo an Address of the Legislative Assembly, praying for copies of all correspondence between the Chief Commissioner of Lands and \"Works and\nWilliam Manson, Archibald McKinlay, and Patrick Gannon, in connection\nwith a pastoral lease granted to them.\n.By Command.\nForbes Geo. Vernon,\nChief Commissioner of Lands and Works.\nThe  Chief Commissioner of Lands and  Works to Messrs. P. Gannon;\nArchibald McKinlay, and William Manson.\nLands and Works Office,\nVictoria, August 14th, 1872.\nGentlemen,\u2014In reply to your letter, received on the 14th inst., stating that you\nhad some time ago applied to Mr. Sanders for a lease of pastoral land adjoining your\npre-emption claims, with a view to protect your cattle ranges from being taken up by\nother persons beyond your limits, 1 have the honour to inform you that the Government\nhas decided not to issue any more pastoral leases for the present. I may further add,\nthat no leases have been granted for several months past, and the persons to whom, I\nthink, you refer as having applied for the range contiguous to your lands have neither\nreceived a lease nor a promise of a lease.\nI shall also make a memorandum on their application of the contents of your letter,\nand that your interests must be guarded in the event of the Government hereafter\ndeciding, in my absence, that leases should be issued. You may therefore rest satisfied\nthat your rights will not be invaded. I have, &c,\n(Signed) Geo. A. Walkem.\nTelegrams.\nThe Chief Commissioner of Lands and Works to Messrs. Gannon, McKinlay,\nand Manson.\nVictoria, 3rd May, 1873.\nHave instructed Beak to remove sheep.     See that he does, and inform me.\n(Signed) Eobert Beaven.\nThe Chief Commissioner of Lands and Works to Mr. Charles Beak.\nVictoria, 3rd May, 1873.\nYou must not pasture sheep upon land applied for by Gannon and McKinlay.\n* (Signed) Robert Beaven.\nThe Chief Commissioner of Lands and Works to Messrs. Gannon, McKinlay,\nand Manson.\nLands and Works Department,\nVictoria, 5th June, 1873.\nGentlemen,\u2014I have the honour to acknowledge the receipt of your application for\nabout four thousand acres of land as a pastoral lease, and to inform you that the Government are prepared to grant a lease of the amount above stated for a term of five\nyears from 1st June, 1873, at a yearly rental of four cents per acre per annum, payable 39 Vic. Correspondence\u2014McKinlay and others. 759\neither yearly or half-yearly in advance, with a survey fee of fifty dollars, and the\nbalance of costs of survey when required. Should you wish to accept these terms please\npay the rental and survey fee to Mr. Pope, the Government Agent at Clinton, and\nadvise me accordingly. I have, &c,\n(Signed) Eobert Beaven.\nMessrs. P. Gannon, Archibald McKinlay, and W. Manson to the Chief\nCommissioner of Lands and Works.\n117 Mile House, Lao La Hache,\n16th June, 1873.\nSir,\u2014We have the honour to acknowledge yours of the 5th inst., and beg to state\nthat we  have complied with the conditions of the same by remitting Mr. Pope eighty\ndollars half-yearly rental money, and fifty dollars for the purpose of surveying the land\nreferred to. We have, &c,\nP. Gannon,\n(Signed) Archibald McKinlay.\nWilliam Manson.\nMessrs. P. Gannon, Archibald McKinlay, and William Manson to the Chief\nCommissioner of Lands and Works.\nLao La Hache, 12th September, 1874.\nSir,\u2014With reference to our pastoral lease, we would beg respectfully to submit the\nfollowing points for you consideration, viz:\u2014 .\n1st. We concluded to sign the lease sent us, and pay the amount demanded for account\nof rent first, stating afterwards vvhat we considered we could justly object to in the terms\ncontained in that instrument other than those mentioned in your letter of 5th June,\n1873, copy of which we enclose herewith, and on which document entirely we made the\nseveral payments required from time to time for account of rent and survey fee up to\n1st December, 1874.\n2nd. That inasmuch as the application for the lease in the first instance was solely\nto save the pasture in our immediate neighbourhood, principally for the spring use of\nour cattle, from the encroachments of other parties with sheep, &c, we therefore object\nto being restricted by the lease to only the ten head per hundred acres, as our collected\nbands far exceed that limit. The fact is that the cattle are half the year entirely off the\nlands in question and fed on made hay, during which time the pasture lands are perfectly worthless, being covered with snow; the cattle besides remaining seldom on it\nduring the summer months. By the terms required by the lease, if we should have,\neven for only the few months in Spring, one head beyond the number specified, we\nshould be liable to lose the whole lease, besides, should we not have control of pasture\nwe pay for, at all events for the few spring months most particularly required, to more\nthan ten head per hundred acres, which in this case is altogether too small, and entirely\ndefeats the object of the lease.\n3rd. That not having received our lease or any document to that effect defining our\nrights to said pasture, since 1st June, 1873, up to date of lease, and the consequent\nloss to us, by no fault of ours, during that period by teamsters, packers, and others\nforcibly trespassing on our pasture, besides a considerable portion of our pre-emption\nlands being included within the red lines, and of which Mr. Hunter was duly warned by\nMr. McKinlay at the time of survey, but of which apparently he has not taken notice on\nhis sketch map, we consider that we have not only been unprotected in our rights for\nthat period, but that we have not received due benefit for our money. We were driven\nto the expense of leasing the said lands by parties who are now with many others\nenjoying all the benefits of free pasture for their animals on Government lands.\nWe have concluded to submit these circumstances to you, to be taken into consideration in regard to rent and the limit allowed to pasture on the lands leased, well\nassured that your decision will be in accordance with reason and justice.\nWe have, &c,\nP. Gannon,\n(Signed) Archibald McKinlay,\nWilliam Manson. 760 Correspondence\u2014McKinlay and others. 1876\nMessrs. P. Gannon, Archibald McKinlay, and William Manson to the Chief\nCommissioner of Lands and Works.\nLac La Hache,\n18th December, 1874.\nSir,\u2014We the undersigned addressed your honour on the 12th September last, without as yet receiving any reply regarding the parcel of land leased by us for pasture for\nour animals, and for which we had to pay rent over a year before receiving any document to protect our rights to the same, and stating the grievances resulting to us\nthereby.\nWe do not by any means wish to trespass further on your valuable time than\nsimply to call your attention to the facts that have tended so materially to affect what\nwe considered to be our just rights during that period, and to suggest that the same\nshould have due weight now, or when the next call for rent is made. Will you, therefore,\nplease inform us whether you received that letter or not, and what you may be pleased\nto do for us under the circumstances.\nAnxiously waiting your reply, We have, &c,\nP. Gannon,\n(Signed) Archibald McKinlay,\nWilliam Manson.\nThe Chief Commissioner of Jjands and Works to Messrs. P. Gannon,\nArchibald McKinlay, and William Manson.\nLands and Works Department,\nVictoria, 26th January, 1875.\nGentlemen,\u2014I have the honour to acknowledge the receipt of your letter of 12th\nSeptember, 1874, in reference to your pastoral lease, and also your letter of 18th December, 1874, calling my attention to the former letter, and in reply must first apologize for\nnot answering your letter earlier, but my time being almost wholly occupied by other\nmatters of public affairs, and as some of the circumstances were in a manner beyond my.\ncontrol, and others of such a character that they cannot bo immediately decided must in\nsome measure excuse me for not having answered earlier. I must remind you, however,\nthat upon application to this office you were protected in the pastoral right to this land\nin the summer of 1873, previous to the survey being made.\nIf cattle owned by other parties trespass on land contained in your lease you have\nyour legal remedy. The lease issued to you is in accordance with the usual form of\npastoral leases, for which I am not responsible, and it was presumable that you were\naware of its provisions when making application.\nThe fact as stated by you of land pre-empted in your names, being contained in the\nlease was totally unknown to mc, and could only have been j>ositively ascertained by\nsurvey of the pre-emptions.\nAnd I consider should it be subsequently proved upon survey, that your preemptions were in land so leased, and that you had occupied and improved such\npre-emptions in accordance with the \"Land Ordinance, 1870,\" from the date of record,\nthat you could justly claim a refund of rent, I have, &c,\n(Signed) Eobert Beaven'.\nMessrs. P. Gannon, Archibald McKinlay, and William Manson to the\nChief Commissioner of Lands and Works.\nLac La Hache,\n14th February, 1875.\nSir,\u2014We have the honour to acknowledge receipt of your favour of 26th January,\nreplying to ours of the 12th September and 18th December last, in reference to our\npastoral lease, in which, after stating your reasons for not answering us sooner, you\nproceed to state in detail your readies to our several complaints. From the general tenor\nof your letter, and with every desire on our part to treat the same with all due deference and respect, we regret exceedingly to perceive that the difficulties mentioned by\nus, and of which we had every reason to complain, have not been met in that libera.1\nmanner we had anticipated. 39 Vic. Correspondence\u2014McKinlay and others. 761\n1st. Your honour reminds us \" that we were on application to your office, protected\n\" in the pastoral right of the land, Summer 1873, previous to the survey being made.\"\nBeyond the single circumstance (among many cases of trespass we could mention) of the\nsheep being ordered off, we are really not aware of receiving any protection whatever\nduring that period from the Lands and Works Office, nor till the 16th July, 1874, over\none year after rent being collected, did we receive any document whatever for the\npasture in question; neither was it furnished then, without a letter of remonstrance from\nus on the subject. Whereas any authority whatever for the time being, from 1st June,\n1873 to 16th July, 1874, from your office defining our rights to said pasture, pending the\npreparation of the regular lease, would have amply sufficed to keep all intruders off\nduring the whole course of that summer and fall, and thus have avoided all cause for\ncomplaint on that score. We certainly paid for it and had every right to expect it. It is\ntherefore hardly fair to charge us ono year's rent for pasture that is freely open to all\nexcepting sheep.\n2nd. You state that if cattle owned by other parties trespass on land contained in\nour lease that we have our legal remedy; certainly, that is precisely our case, after receiving from your office the authority or lease defining our rights and boundaries; not\nreceiving, however, any such document we were powerless, and the result was the\nserious grievances complained of by us as occurring during the first year, amounting to\nthe fact that all teamsters\/packers, and travellers, who chose to camp on the lands in\nquestion, with their animals, did so with perfect impunity, and the circumstance that\nsuch trespass being in no way attributable to any neglect or fault on our part, we most\nassuredly expected should have due weight with your honour when the next call for rent\nwas made.\n3rd. That the lease issued to us is in accordance with the usual form of pastoral\nleases, and for which your honour states that you are not responsible, and that it was\npresumable that we were aware of its provisions when making application. We beg to\nstate that, to the extent as mentioned in your esteemed favour of the 5th June, 1873, we\nwere not only fully prepared for, but consenting to in every respect. The other conditions however, as mentioned subsequently, in the lease were quite unexpected by us,\nsuch for instance as, that in case of any dispute or difference of opinion arising in any\nmatter or thing connected with the lease or interpretation thereof, etc., the same to be\nsettled finally and without appeal by the then Commissioner of Lands and Works. We\ndo not however by any means object to this condition, as it is presumable that any\ngentleman occupying that position, would, on a fair representation of any trouble or\ndifficulty arising, give a fair and equitable decision.\nThe next condition is more important, as affecting the limit of cattle allowed on the\npasture lands, viz: not less than five and not more than ten head per hundred acres.\nThis limit is doubtless very appropriate, as also for that part, the rate of rental charged\nper acre, as referring to tho Thompson and Bonaparte country etc., for which it was\nevidently intended originally, or for pasture in continual occupation. In our case here,\nhowever, it is not only totally inapplicable, as previously mentioned (12th September,\n1874) but defeats entirely the object of the lease to us. We would therefore beg that\ninasmuch as the Act effecting Crown Lands in British Columbia in regard to Pastoral\nleases leaves the Commissioner full discretionary power in the matter, that you may be\npleased to see the justice of altering that limit which is altogether too small for the few\nspring months that the pasture is really required, to some other better suited to the circumstances of our case.\nHaving thus given simply a plain and truthful statement of our grievances, and\nthat without the slightest attempt at exaggeration, and without any desire to make them\nthe cause of a needless and perhaps tedious paper controversy, we leave the matter in\nyour hands well assured, that when fully informed in the particulars, that your\ndecision will be in accordance with reason and justice. Your remarks as referring to\nour pre-emption claims being contained in the lease, etc., are so far satisfactory, at all\nevents we are willing as far as we are concerned to leave this matter so for the present.\nWaiting your reply,\nWe have, &c,\nP, Gannon,\n(Signed; Archibald McKinlay,\nW \"lliam Manson,","attrs":{"lang":"en","ns":"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note","classmap":"oc:AnnotationContainer"},"iri":"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note","explain":"Simple Knowledge Organisation System; Notes are used to provide information relating to SKOS concepts. 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