"cc3be76f-b4e1-42a8-b29d-9ade25ba04d5"@en . "CONTENTdm"@en . "Report of Select Committee--Ogden Point Lands."@en . "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198"@en . "Sessional Papers of the Province of British Columbia"@en . "British Columbia. Legislative Assembly"@en . "2016-03-30"@en . "[1876]"@en . "https://open.library.ubc.ca/collections/bcsessional/items/1.0061840/source.json"@en . "application/pdf"@en . " 722 Report of Select Committee\u00E2\u0080\u0094Ogden Point Lands. 1874.\nREPORT OF SELECT COMMITTEE\non\nOGDEN POINT LANDS.\nMr. Speaker:\nYour Committee, appointed to enquire into the manner in which the Eesolution of\nthis Assembly, dated 8th April, 1872, has been carried out, viz:\u00E2\u0080\u0094\n\" That 47 acres of the Crown Lands at Ogden Point should be set apart for the pur-\n\" pose of providing for a Public Cemetery, and for other public purposes on behalf of\n\"the City of Victoria, as Trustees in that behalf shall think fit, and also into the\n\" management and position of the trust thus created,\"\nBeg leave to report as follows:\u00E2\u0080\u0094\nThat they find that Sub-sections 18, 19, 21, 22, 27, 28, 29, 31, 32, 33, of Section 18,\ncontaining 48 and fifty-four hundredth acres of Crown Lands at Ogden Point, have been\nplaced in the hands of the Trustees named in and for the purposes as set forth in the\ndeed, dated 7th June, 1872, hereto appended.\nThat 18 and seventy-nine hundredth acres of this land have been sold for Six thousand\nfour hundred and sixteen dollars; that Medana's grove, 11J acres; Nias' point, 9i acres;\n2 acres in Sub-section 28, and 9 acres in Sub-section 31, remain unsold, and that there is\na mortgage for Four thousand dollars bearing interest at Ten per cent thereon.\nThat out of the proceeds of land sold at Ogden point, the Trustees have purchased\nabout 12 acres of land at Eoss Bay, at the rate of Three hundred dollars per acre, and\nthat it is financially unincumbered.\nThat the $4,000 obtained by mortgage on the Ogden Point lands and other moneys\nhave been expended on the Eoss Bay Cemetery, in ploughing, fencing, house-building,\nlaying out and gravelling walks, putting in brick drains, and surveying the ground\ninto blocks and lots, and that the work has generally been done by contract.\nThat the Trustees have allotted certain portions of the Eoss Bay Cemetery to\nvarious religious denominations, subject to the rules and regulations of the Cemetery\nBoard, and of the religious denomination to which the allotments have been made, and\nhave granted to the Clergy of each Church to which allotments have been made, the\npower to decide who shall or shall not be buried in the ground set apart for the use of\nsaid Church, but that in all other respects the Board retain full control over the ground.\nThat the Cemetery at Eoss Bay has been allotted as follows:\u00E2\u0080\u0094\nBlock A containing 590 spaces or graves, Episcopal Church.\n\u00E2\u0080\u009E B \u00E2\u0080\u009E 1053 \u00E2\u0080\u009E \u00E2\u0080\u009E\nO \u00E2\u0080\u009E 519 \u00E2\u0080\u009E Eoman Catholic Church.\n\u00E2\u0080\u009E D \u00E2\u0080\u009E 183 \u00E2\u0080\u009E \u00E2\u0080\u009E\n\u00E2\u0080\u009E E \u00E2\u0080\u009E 198 \u00E2\u0080\u009E Unallotted.\np ;) 707 \u00E2\u0080\u009E Eeformed Episcopal Church.\n\" G ,', 816 \u00E2\u0080\u009E Wesleyan Church.\nH \u00E2\u0080\u009E 1017 \u00E2\u0080\u009E Presbyterian Church.\n\" K \u00E2\u0080\u009E 443 \u00E2\u0080\u009E Unallotted.\nL 368 \u00E2\u0080\u009E Mongolians and Indians.\nThat the unallotted portion is about one-tenth of the whole.\nThat the Trustees claim that the \"Cemetery Ordinance, 1870,\" contemplated such a\ndistribution, and that the interests of the public warranted it.\nThat Section 5 of the \" Cemetery Ordinance, 1870,\" provides \" that the Trustees\n\" shall not by any rule or regulation, or any act, matter or thing, at any time interfere,\n\" directly or indirectly, with the performance of any religious ceremony in the burial\n\" of the dead according to the usage of the communion to which the deceased may have\n\" belonged.\" 39 Vw. Report of Select Committee\u00E2\u0080\u0094Ogden Point Lands, 723\nThat if the Trustees had thrown open the land at Eoss Bay promiscuously, that\nsuch a course \" would have interfered with the performance of certain religious\n\"ceremonies in the burial of the dead.\"\nThat the allotment of the Cemetery as made has \" interfered with the performance\n\" in some portions thereof, of certain religious ceremonies in the burial of the dead,\n\" according to the usage of the communion to. which the deceased belonged.\"\nThat the \"Cemetery Ordinance, 1870,\" is conflictive, and that its remaining on our\nStatutes may cause further trouble.\nThat the Odd Fellows Society made application for a separate allotment and were\nrefused, and that they would have purchased a piece of ground if necessary.\nThat the remains of the late J. P. Fitterre were refused burial in Block C, in consequence of the deceased, during life, having been a member of a Secret Society.\nThat the remains of the late Mrs. E. Thorne were refused burial in Block A,\nexcept upon condition that the burial service should be performed by a clergyman of\nthe Episcopal Church.\nThat the deceased lady belonged to the Eeformed Episcopal Church.\nThat the remains of the late Captain W. H. McNeil, a member of the Eeformed\nEpiscopal Church, were interred in Block B by His Lordship Bishop Cridge, only in\nconsequence of the right of burial having been purchased prior to the division between\nthe Episcopal and Eeformed Episcopal Churches.\nThat the Municipal Council of Victoria City have frequently to undertake the\nburial of paupers from all parts of the world, and that the Cemetery Board have\nexacted from the Corporation the sum of Seven dollars and a half for each grave, and\nthat the burial of each pauper costs the Corporation Fifteen dollars.\nThat no portion of the Ogden Point lands have as yet been applied to \" other\n\"public purposes on behalf of the City of Victoria,\" and that the following wording of\nthe trust deed would probably preclude the intentions of the Legislature m that respect\nfrom being carried out, \"and in the next place shall pay over all surplus moneys coming\n\" into their hands by way of rents, dividends, annual p>rofits, interest on mortgages,\n\" interest of moneys in hand, (whether produced by sums paid for equality of exchange\n\" by sale, mortgage, or investment on mortgage,) but not any principal sum over and\n\"above what is required for Cemetery purposes and payment of debts, to the Mayor and\n\" Council of the City of Victoria, to be by them treated as General Eevenue, and to be\n\" expended lawfully by them as other Eevenue derivable under the \" Victoria Municipal\n\"Ordinance, 1867,\" and the \"Victoria Municipal Amendment Ordinance, 1869,\" and it is\n\" hereby declared that the receipts in writing of the Mayor and Council, or of such person\n\" as they shall in that behalf direct, shall effectually discharge the said Trustees paying\n\" the same therefrom and from being concerned to see to the application thereof.\"\nThat a petition signed by One thousand and thirty-six of the inhabitants of\nVictoria and vicinity, praying that the Eoss Bay Cemetery should be thrown open to\nthe public, has been considered by the Committee, and that a Petition of His Worship\nthe Mayor and the Council of Victoria, requesting that \" a portion of the Ogden Point\n\" lands be placed at the disposal of the City for agricultural, recreative, educational and\n\" other purposes,\" has also came before them.\nYour Committee are of opinion that the Legislative Assembly-, when placing these\nlands in the hands of Trustees for the purpose of providing a Public Cemetery and for\nother public purposes on behalf of the City of Victoria, did not contemplate\ngiving exclusive rights or control over any portion of these lands to the Clergy of any\nreligious denomination, but that it was the intention of the Assembly that a Cemetery\npublic in all its parts should be provided out of a portion of the trust fund then created,\nand that the City of Victoria should receive a portion of the land.\nThat it was the evident intention of the Legislative Assembly that a Public Cemetery\nshould be provided.\nThat the Eoss Bay Cemetery is not a Public Cemetery, inasmuch as about nine-\ntenths of it have already been allotted to different religious denominations.\nThat the powers given to the Trustees by a deed bearing date 7th June, 1872,\nconflict with the resolution of the 8th April, 1872.\nYour Committee therefore recommend that the different religious bodies to whom\nthe Trustees have allotted lands in the Eoss Bay Cemetery be offered the privilege of\npurchasing the following allotments;\u00E2\u0080\u0094 724 Report of Select Committeex\u00E2\u0080\u0094Ogden Point Lands. 1876\nEpiscopal Church, Block A, 590 graves.\nB, 1053 \u00E2\u0080\u009E\nEoman Catholic Church, Block C, 5l9 graves.\n\u00E2\u0080\u009E Block D, 183 \u00E2\u0080\u009E\nEpiscopal Eeformed Church, Block F, 707 graves.\nWesleyan Church, Block G,-816 graves.\nPresbyterian Church, Block H, 1017 graves.\n(Eeserving the right of way for a road through Block B.)\u00E2\u0080\u0094\nUnder the following conditions:\u00E2\u0080\u0094\nThat they pay the same rate per acre therefor, as an equal acreage can be purchased,\nfenced, embellished, drained, and surveyed, adjoining the present Cemetery; the interest\npaid by Trustees to be added to the purchase money, and the new portion to be made as\nadvantageous and to have every requisite as the portion sold.\nThat the Trustees shall ascertain, immediately after the adoption of this Eeport by\nthe Legislature, at what price they can have the refusal for 60 days of adjoining land\nsuitable for Cemetery purposes and any improvements that may be thereon, and that\nthe Secretary of the Board of Trustees immediately notify each Church as above that 30\ndays will be given to them to decide whether they will purchase their allotment under\nthe conditions contained herein or not.\nThat in the event of any Church failing to secure its allotment by the necessary\ncash payment within the time specified, that the ground be thrown open at once to the\npublic by the Trustees, by notice in the British Columbia Gazette signed by the\nLieutenant-Governor, rescinding that portion of the British Columbia Gazette notice of\nthe 9th August, 1873, approved 29th July, 1873.\nThat no decision of a church to purchase shall be deemed binding or operative\nunless acconrpanied by a cash payment to the Secretary of the Trustee Board, of the\nactual amount necessary to purchase the fee of the adjoining property selected by the\nTrustees.\nThat the balance of the money necessary for fencing, embellishing, draining, surveying, and making the new portion in every way as advantageous and having every\nrequisite of the portion sold acre per acre, as agreed to be purchased by the different\nreligious bodies, shall be paid as may be required by monthly instalments, and the\nwhole of the estimated cost shall be paid within six months after the decision to purchase the property.\nThat should any further sum be found necessary by the Trustees to properly embellish the said new portion.of the cemetery, that it shall be paid by each church in\nproportion to the land purchased.\nThat no exclusive right of burial in any portion thereof shall be granted or a\ntransfer made to any church of any portion of the Eoss Bay Cemetery until the entire\npurchase money therefor shall be paid.\nThat in the event of the Trustees or any person mentioned in the Eeport failing,\nneglecting or refusing to carry into effect the conditions of this Eeport, that the entire\nacreage of the Eoss Bay Cemetery be thrown open to the public, and that the clergymen of any religious denomination shall cease to exercise any control over any portion of it.\nThat the funds thus obtained be applied by the Trustees to the purchase and embellishing of adjoining land, which is to be preserved as a Public Cemetery in the true\nmeaning of the term.\nThat the \" Cemetery Ordinance, 1870,\" be repealed.\nThat the Trust Deed, dated 7th June, 1872, and Deed of Confirmation, dated 28th\nJanuary, 1874, be cancelled by Statute.\nThat the Ogden Point lands unsold be divided, and that Medaca's Grove, 11J acres,\nbe transferred, unincumbered, to the City of Victoria for public purposes, and that the\nTrustees retain the balance of the land for cemetery purposes.\nThat the Corporation of the City of Victoria have the right to bury paupers in\nany portion of the cemetery, free of charge.\nThat a Bill be introduced and passed by the Legislative Assembly this Session\ncarrying into effect the views contained in this Eeport.\nW. F. Tolmie,\nChairman."@en . "Legislative proceedings"@en . "J110.L5 S7"@en . "1876_41_722_724"@en . "10.14288/1.0061840"@en . "English"@en . "Vancouver : University of British Columbia Library"@en . "Victoria, BC : Government Printer"@en . "Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia"@en . "Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia"@en . "REPORT OF SELECT COMMITTEE ON OGDEN POINT LANDS."@en . "Text"@en . ""@en .