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British Columbia Historical Books Collection
Journals of the Legislative Council of British Columbia
British Columbia. Legislative Council
"Includes sessional papers and colonial estimates for 1866-71. Table of contents, index. Contains minutes, speeches, schedule of bills, departmental estimates, reports, and rolls of the legislative councillors. When British Columbia entered Canada in 1871, the Legislative Council was succeeded by the Legislative Assembly." -- Lowther, B. J., & Laing, M. (1968). A bibliography of British Columbia: Laying the foundations, 1849-1899. Victoria, BC: University of Victoria, p. 27. "In the 32nd year of the reign of Her Majesty Queen Victoria" -- Title page.
71, ix, 11 pages : tables ; 34 cm
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THE LIBRARY THE UNIVERSITY OF BRITISH COLUMBIA Gift A4H-R JOURNALS OF THE LEGISLATIVE COUNCIL OF BRITISH COLUMBIA FROM THE 17th DECEMBER, 1868, TO THE 15th MARCH, 18410, In. the 32nd Year of the Reign of Her Majesty QUEEN VICTORIA, BEING THE SIXTH SESSION OF THE LEGISLATIVE COUNCIL OF BRITISH COLUMBIA. victoria: printed at the government printing office. 1869. 4* A^^SrrM TABLE OF CONTENTS. Roll op the Members op the Legislative Council. Index to Journals, Schedule op Bills introduced. Votes and Proceedings. Appendix. Estimates, 1869. ERRATA. Page 53.—Eor i On tlie Order of the day being read for the second reading of the|Volunteer Bill, Ordered to he postponed till to-morrow," read: "Pursuant to Order, the Volunteer Bill was read second time. "Ordered to he committed to-morrow." Page 62.—After committal of Municipal Amendment Bill, read: "Pursuant to Order, the Religious Institutions Bill was read third time, and it was Resolved that this Bill do pass and its title he the'Religious Institutions Ordinance, 1869.' "Pursuant to Order, the Loan Bill was read third time, and it was Resolved that this Bill do pass and its title he I The Investment and Loan Societies Ordinance, 1869.' " ROLL op the HONORABLE THE LEGISLATIVE COUNCILLORS OF \rUmh tyokmbw, FOR THE SIXTH SESSION OF THE LEGISLATIVE COUNCIL, BEING THE TEARS 1868-9, 32° VICTORLE. L~ WILLIAM A. Q-. YOUNG-, Acting Colonial Secretary and Presiding Member HENRY P. PELLEW CREASE, Attorney General .JOSEPH WILLIAM TRUTCH, Chief Commissioner of Lands and Works and Surveyor General j-WYMOND OGILVY HAMLEY, Collector of Customs ARTHUR THOMAS BUSHBY, Acting Postmaster General EDWARD GRAHAM ALSTON, J. P. -HENRY MAYNARD BALL, J. P. HENRY HOLBROOK, J. P. I PETER O'REILLY, J. P. AUGUSTUS FREDERICK: PEMBERTON, J. P. I EDWARD HOWARD SANDERS, J. P. -GEORGE ANTHONY WALKEM, J. P. ► THOMAS LETT WOOD, J. P. WILLIAM WEIR CARRALL, Cariboo JOHN C. DAVIE, Victoria District MONTAGUE WILLIAM TYRWHITT DRAJIE, Victoria City HENRY HAVELOCK, Yale I JOHN SEBASTIAN HELMCKEN, Victoria City THOMAS B. HUMPHREYS, Lillooet DAVID BABINGTON RING, Nanaimo , JOHN ROBSON, New Westminster, j INDEX TO JOURNALS. ^ ADDRESSES: In reply to Governor's Opening Speech, 6; presented, 7; reply to, 8. To Her Majesty on the state of the Courts, 52; adopted, 66. ADMINISTRATION OF OATHS to Members of Council, 2, 6, 9, 10. Dedimus Potestatem to Presiding Member to administer Oaths, 5. AMENDMENTS TO BILLS (see Messages from Governor.) AUDITING ACCOUNTS, Message on, 29. BILLS: Fence,—introduced, 7: read first time, 7; read second time, 9; committed, 10, 16, 25; recommitted 28; read third time and passed, 29; assented to, 57. Savings Banks,—introduced, 7; read first time, 7; read second time, 9; committed, 12; read third time and passed, 17; assented to, 50. Mineral,—introduced, 7; read first time, 7; read second time, 24; committed, 25, 26, 28, 32, 51, 55; read third time and passed, 56; assented to, 69. Executive and Legislative Council alteration,—leave for asked, 7. Registration op Voters,—introduced, 8; read first time, 8; -withdrawn, 24. Wolves and Panthers Destruction,—introduced, 9; read first time, 9; withdrawn, 14. Drawbacks,—introduced, 7; read first time, 7; referred to Select Committee, 10; read second time, 39; committed, 40, 49; recommitted, 53; read third time and passed, 53. Loan and Investment,—introduced, 11; read first time, 11; read second time, 33; committed, 45, 55, 58; read third time and passed, 62. Anatomy,—introduced, 11; read first time, 11; read second time, 37; committed, 40; read third time and passed, 41; assented to, 64. Cattle Protection,—introduced, 12; read first time, 12; read second time, 17; committed, 33, 35, 52; read third time and passed, 55; assented to, 62. Health,—introduced, 17; read first time, 17; read second time, 23; committed, 31, 35; read third time and passed, 36; assented to, 50. Crown Costs,—introduced, 17; read first time, 17; read second time, 24; committed, 30; recommitted, 33; read third time, 33. Queen Charlotte Coal Co.,—introduced, 20; read first time, 20; read second time, 25; committed, 26; recommitted, 28; read third time and passed, 29; assented to, 50. Common Schools,—introduced, 23; read first time, 23; read second time, 32; committed, 37, 40, 41; read third time and passed, 49; assented to, 69. Fire Companies,—introduced, 25; read first time, 25; read second time, 32; committed, 35, 46, 56; read third time and passed, 57; assented to, 69. Supply,—introduced, 26; read first time, 26; read second time, 28; committed, 28; read third time and'passed, 29; assented to, 50. Bail and Affidavits,—introduced, 27; read first time, 27; read second time, 32; committed, 32; read third time and passed, 32; assented to, 51. Game Amendment,—introduced, 28; read first time, 28; read second time, 33; committed, 35; read third time and passed, 36; assented to, 64. Victoria By-Law,—introduced, 34; read first time, 34; read second time, 40; committed, 48; lapsed, 53. Municipal Amendment,—introduced, 34; read first time, 34; read second time, 47; committed, 51, 54, 59, 62; read third time and passed, 65. Supreme Court,—introduced, 35; read first time, 35; read second time, 50; committed, 50; read third time and passed, 53; assented to, 57. Harewood Railway Extension,—introduced, 36; read first time, 36; read second time, 41; committed, 41; read third time and passed, 42; assented to, 57. Reconveyance,—introduced, 38; read first time, 38; read second .time, 41; committed, 41; read third time and passed, 42; assented to, 53. Probate,—introduced, 30; read first time, 30; read second time, 41; committed, 46 lapsed, 46. . Civil Cases,—introduced, 42; read first time, 42; read second time, 51; committed, 51 read third time and passed, 52; assented to, 64. Partnership,—introduced, 42; read first time, 42; read second time, 51; committed, 51 read third time and passed, 52; assented to, 63. INDEX. Companies,—introduced, 42; read first time, 42; read second time, 55; committed, 55, 56; read third time and passed, 58. . , , St. Andrew's Church Incorporation,—introduced, 47; read first time, 47; read second time, 49; committed, 54, 55; read third time and passed, 58. # Road,—introduced, 47; read first time, 47; read second time, 49; committed, 04; read third time and passed, 57; assented to, 64. Volunteer,—introduced, 47; read first time, 47; read second time, 53; committed, 00; read third time and passed, 58; assented to, 64. ' Pre-emption Payment,—introduced, 48; read first time, 48; read second_time, 04; committed, 54; read third time and passed, 56; assented to, 63. Stipendiary Magistrates,—introduced, 48; read first time, 48; read second time, 52; read third time and passed, 52; assented to, 63. Evidence,—leave granted, 50. Replevin,—leave granted, 50. Supplemental Supply,—introduced, 51; read first time, 51; read second time, 56; committed, 57; read third time and passed, 58; assented to, 63. County Courts Declaratory,—introduced, 59; read first time, 59; read second time, 62; committed; 62, 65; read third time and passed, 67; assented to, 70. Victoria City Water,—introduced, 52; read first time, 52. Water,—introduced, 56; read first time, 56; read second time, 66; committed, 68; lapsed, 68. Religious Institutions,—introduced, 56; read first time, 56; read second time, 57; committed, 60; read third time and passed, 62; assented to, 69. Indian Reserves,—introduced/ 66) read first time, 66 j read second time, 68; committed, 68; read third time and passed, 68; assented to, 69. BEET ROOT SUGAR, manufacture of, motion for reward for, 45. COMMITTERS, SELECT: To frame reply to Governor's opening speech, 5, report, 6. To consider Petition of Robert Homfray, 24; report, 32. Female. Immigration, 34; report, 37. On Drawbacks Bill, 10; report, 34. On Supreme Court Bill, 37; report, 48, 50"; referred back, 51. On Private Bills, 48. COMMITTEES OF THE WHOLE HOUSE: On Resolution relative to altering constitution of Executive and Legislative Councils, 9,10, 23. R ■,■■-,.■ Courts Oi to .Drawbacks .Bill, 64. Do. to ttame J HI1, 64. Do. to Mineral Bill, 68, Do. to County Courts Bill, 69. COMMITTEE OF SUPPLY, 18, 21, 22. CONFEDERATION WITH CANADA, day named to consider, 32; debate on and Resolution,42. CONFERENCE WITH GOVERNOR on Drawbacks Bill, 65. CROWN OFFICERS' SALARIES ACT, Motion for repeal, lost, 17; Protest about, 22; For Protest to be struck out, 24. COMPENSATION TO PUBLIC OFFICERS, Message on, 61; Committee and Resolution about, 65. CUSTOMS DUES AT NANAIMO, Motion for Return of, negatived, 16. DEDIMUS POTESTATEM to swear in Members, 5. DRAWBACKS BILL referred to Select Committee, 10; report of, 84. ES^IMATES, introduced, 16> Votes and Resolutions of Committee of Supply, 18, 19, 20, 21 EDUCATION. Common Schools Bill (see Bills.) ELECTED MEMBERS, Payment of Expenses of, 27. FEMALE IMMIGRATION. Report of Select Committee, 37; Resolution about, 41, 65, G tiLE ™.°R' SpeeCh "* °PeDiDg °f C0UnCi1' 2' reply t0' 6; reJ°ind^ 7. Speech at proroga- Messages : NaSiJo °23 BelF?CitiW1? ^ Unit? ^.tf^**?' 13- No- 2> Retura of Revenue at 1868 27 L ? t ' ??g d0In JSui)?Iy Blll» 26> No- 4> With Ret«™ ^ Exports for Pttii J' -r • V * re#^ *° method of keePi°g Public Accounts, 29. No. 6, In Reference of S 80 SSoTSTBirfH I>ea?S' aDd *«<*»&*> 29- No. 7, In reference to Land S S2' So £« Q ? TfTeT t0am°ti0n *Z a Bil1 in causes <* acti™ ^tween Crown and KTi, £S4r^ ar^ri3!5, it«is ssS c „ icct jo i ■ , A ' 7 ^ > vvitn statement oi Revenue and Exnpn/Hfn™ Z All Sufpmental ,SUPP1£BiU' 5L X°- 17> Assenting to ReconveyanXll 5? No. 18, Return of Revenue from Kootenay, 57, No/19, Assenting to Haywood Sway INDEX. Extension Bill, 57. No. 20, Assenting to Supreme Courts Bill, 57. No. 21. Assenting to Fence Bill, 57. No. 22, With Returns asked for by Council, 57. No. 23, In reference to°the method of keeping Public Accounts; Revenue Oflicer at Burrard Inlet, 60. No. 24, Compensation to Public Officers, 61. No. 25, On the subject of Protests, 61. No. 26, Female Immigration, 61. No. 27, Amendments to Mineral Bill, 61. No. 28, Amendments to Cattle Bill, 61, No. 29, Assenting to Cattle Bill, 62= No. 30, Assenting to Pre-emption Bill, 63. No. 31, Assenting to Stipendiary Magistrates Bill, 63. No. 32, Recommending alteration to Drawbacks Bill, 63. No. 33, Assenting to Partnership Bill, 63. No. 34, Assenting to Supplemental Supply Bill, 63. No. 35, Recommending alteration in Game Bill, 63. No. 36, Recommending alteration in Religious Institutions Bill, 64. No. 37, Assent to Volunteer Bill, 64. No. 38, Assenting to Road Bill, 64. No. 40, Assenting to Civil Cases Bill, 64. No. 41, Refusing assent to Drawbacks Bill for the present, 67. No. 42, Assenting to Game Bill, 68. No. 43, Assenting to Fire Aid Bill, 69. No. 44, With amendment to County Courts Bill, 69. No. 45, Assenting to Publie Schools Bill, 69. No. 46, Assenting to Mineral Land Bill, 69. No. 47, Assenting to Religious Institutions Bill, 69. No. 48, Assenting to Indian Reserve Bill, 69. No. 49, Assenting to County Courts Bill, 70. HOMFRAY, ROBERT, Petition of, 20; Report of Select Committee on, 32; Sent to Governor, 34. INTESTATE ESTATES, Motion for Return of, negatived, 19. LEGISLATIVE COUNCIL, convened, 1; assembled, 2; Governor's Speech at opening, 2; reply thereto, 6; Speech at closing of, 70. Resolutions of : For Select Committee to frame a reply to Governor's openiDg Speech, 5. Asking for certain Returns, 8. Referring Drawbacks Bill to Select Committee, 10. For Return of Expenditure on Roads, 11. For aid to School at Lillooet, 12. For Returns about Common Schools, 12. For question of supply of stores to ships, dutyfree, to be referred to Drawbacks Committee, 12. In favor of removing "Sister's" Rocks, 12. For Returns of School Statistics, 14. On Reciprocity with United States, 15. For a Deputation to present Reciprocity Resolution to Governor, 16. For Colonial Flour, &c, to pass over Roads toll free, 16. Id favor of rewards being given for destruction of Wolves and Panthers, 17. For certain Financial Returns, 18. Various from Committee of Supply, 21, 19, 21,23. Asking that the Governor may send down a Registration of Births, Deaths, and Marriages Bill, 20. For Bill to be sent down by Governor respecting causes of action between Crown and Subject, 24. For an Emigration Agency to be established at San Francisco, 24. Asking for information from the Governor relative to the Land Ordinance, 1867, 24. For Returns of Revenue received at Kootenay, 25. For Return of Exports in 1868, 25. For payment of Elected Members, 27. To lower the Excise Duty on Spirits, 28. In reference to the method of conducting the Lands and Works Department, 30. For Statistical Agricultural Returns, 31. For a site to be appropriated for exhibition of natural and other productions, 31. In reference to the treatment of Lunatics, 33 .To send to Governor Report of Select Committee on R. Homfray's petition, 34. That a Select Committee be appointed to consider Female Immigration, 34. Respecting the condition of the Courts of the Colony, 36. To refer Supreme Court Bill to Select Committee, 37. For increase of duty on Cattle, 38. For enquiry into Indian Affairs, 38. That Vessels going to foreign parts have stores duty free, 40. In regard to Female Immigration, 41. In regard to Confederation, 42. For drawback on home-manufactured Flour and Biscuit, 44. To encourage manufacture of Beet-root Sugar, 45. That the Governor regulate Protests, 47. For Evening Sittings, 47. For Select Committee on Private Bills, 48. For a Commission to revise and consolidate the Laws of the Colony, 49. For copies of correspondence relative to the demand for fees made by Chief Justice Needham, 49. For establishment of a Labour Exchange, 52. For Sauterne and Moselle to be included in the term Claret as regards Customs duties, 58. For reduction of Customs duties on certain articles, 58. To transmit Drawback Committee Report to the Governor, 60. Agreeing to amendments made by Governor to Cattle Bill, 62. Requesting conference with the Governor on Drawbacks Bill, 64. Agreeing to Governor's amendment to Game Bill, 64. Do. to Religious Institutions Bill, 65. Agreeing to Governor's proposal in reference to compensation to certain Public Ofiicers, 65. Female Immigration, 65. Sending back Drawbacks Bill to Governor, 65. Agreeing to amendments made by Governor to Mineral Bill, 68. Do. to County Courts Bill, 70. Divisions of : On motion to adjourn, 5. On motion for Colonial Flour to pass free of Road Tolls, 16. On motion for repeal of Crown Officers' Salaries Act, 17. On motion by Mr. Ring for Return of Intestate Estates, 19. On motion to read Petition of R. Homfray, 20. On second reading of Health Bill, 23. On motion for Bill regulating causes of action between the Crown and Subject, 24. On motion for establishing Public Library and Museum, 25. On motion for payment of Elected Members, 27. On motion for grant to Agricultural Society, 28. On motion for lowering duty of Excise. 28. On motion for Mail Subsidy between New Westminster and Yale, 30. On motion relative to the method of conducting the Lands and Works Denartment, 31. On motion for Return of moneys paid to Elected Members, 31. On motion By-Law Bill, 40 INDEX. On motion in reference to Confederation, 42. On motion for drawback on Flour, 44. On motion to offer reward for discovery of pass to Kootenay, 44. On motion for premium tor ©old Quartz Mill, 44. On motion to encourage manufacture of Beet-root Sugar, 40. J? or erasing Protests, 45, 46. On motion to pay back Salaries of School Teachers, 47. On motion for Evening Sittings, 47. On motion for second reading of St. Andrew's Church Bill, 4J. On motion for Commission to revise Laws of Colony, 49. On leave asked to bring in Evidence Bill, 50. On leave to bring in Replevin Bill, 50. On motion for establishment of Labour Exchange, 52. On motion to read Supreme Court Bill this day six months, 53. On third reading of Supreme Court Bill, 53. On motion to put Boiler Tubes on free list, 53. On motion for reduction of Customs duties on certain articles, 58. On motion to give Beacon Hill Park into charge of Municipal Council, 59. On Motion to repeal Indian Liquor Law, 59. On motion to comply with prayer of Messrs. Jones & Hayward's petition, 59. On adopting Report on Mr. Nicholson's petition, 62. On motion respecting Capital Punishment, 65. KOOTENAY, Motion for reward for discovery of trail to, lost, 44. LABOUR EXCHANGE, Resolution for establishment of, 52. MESSAGES (see Governor.) MOTIONS NEGATIVED: For Return of certain Customs dues at Nanaimo, 16. For Return of Intestate Estates, 19. For Public Library and Museum, 25. For aid to Agricultural Societies, 28. For altering duty on Wheat, 28. For subsidy for carrying Mails between New Westminster and Victoria, 29. For subsidy to Mails between Yale and New Westminster, 30. For Return of moneys paid to Elected Members, 31. To read Game Bill this day six months, 36. To read Anatomy Bill this day six months, 37. For reward for discovery of a trail to Kootenay, 44. For premium for Gold Quartz Mill, 44. To erase a protest, 45, 46. To pay back Salaries of School Teachers, 47. To read Supreme Court Bill this day six months, 53. To put Boiler Tubes on free list, 54. To give charge of Beacon Hill Park to Municipal Council of Victoria, 59. For Repeal of Indian Liquor Law, 59. To comply with prayer of Messrs. Jones & Hayward's petition, 59. To adopt English Law of Capitol Punishment, 65. NICHOLSON, J. C, (see Petition of.) NOTICE calling Council, 1. OATHS (see Administration of.) ORDER, Question of, decided, 54. PETITIONS. From J. C. Nicholson, 6. For a Fence Bill, 6. Victoria Fire Department, 8. Settlers at Cowichan, 9. Inhabitants of Lytton, 10. From inhabitants of Victoria, about Mineral Bill, 18. From Robert Homfray, 20; considered, 24; referred to Select Committee, 24. Further from J. C.Nicholson, 21; considered, 60; report, 62. From W. Steinberger,23. From JMessrs. Jones & Hay ward, 27; considered, 59. From inhabitants of Chemainis, 33. Against Water Bill, 61 O From inhabitants of Okana ■ean a nd Oi loyoos, 70. PROCLAMATION calling Council, 1. PREVIOUS QUESTION moved, 28. PRIVILEGE, Dr. Helmcken on question of, 9. PRIVATE BILLS, Select Committee appointed to draw up Regulations for, 48. PROTESTS. About Crown Officers' Salaries, 22. Motion to strike out same, 24. On payment ot Elected Members, rejected, 27. Against Crown Salaries protest, rejected, 27. About Con federation, 44. Against the foregoing protest, 45. Resolution asking Governor to regulate them, 47. t> ttre PUBLIC LIBRARY and Museum, Motion for, negatived 25. QUESTIONS TO EXECUTIVE OFFICERS: Mr. Helmcken of the Colonial Secretary, as to Immigration, 8. Do. Do., if the Government don 10 °PMr ItlT^C $ fl^' of &e/^-7 General, on the sut ect of EduL n^L Ann n ' i theAColoniaI Secretary, on Salt Spring Island Murder. 10 Mr. Drake Cour s 1 Sr C^ ' ? M° TlT^ ^ N *e ^ and concurrent juiSdmtiS of JCVn J* r. , ■ °?'o Mr' Trutch' as t0 exPenditure on Roads, &u., at Nanaimo 11 Mr 23g$9K£?2£S ? \° t T Ca^° ^-7, n. Mr! CaSronheColoS Colonial Secretary, if a Mail Will be eBtalSSto^oot^f^a^is^^ t reys, of the Chief Commissioner of Lands and Worki if' tS rt 7 . • 7 A , HmnPh" W Lytton to Lillooet, H| M, J^Ki^t^^^^ 9* Government to mtroduce a Region of Births, Deaths/and Marriages Bill, 14 Mr Walkm" INDEX. of the Attorney General, if it is the intention of the Government to introduce into B. 0. the recent Criminal Statutes, 14. Mr. Carrall of the Attorney General, if the Government intend to amend Gold Mining Laws, 14. Mr. Havelock, of the Chief Commissioner of Lands and Works, if the Government intend to remove the "Sister's" Rocks, 30. Mr. Alston, of the Colonial Secretary, in re Victoria Cemetery, 34. Mr. Helmcken, of the Chief Commissioner of Lands and Works, in re Graving Dock at Esquimalt, 40. Mr. Helmcken of the Colonial Secretary, as to shipment of coal from Nanaimo by Foreign bottoms, 68. REJOINDER, Governor's, to Address, 7. RECIPROCITY with United States, day named for discussion, 8; Message about, 13; Committee, 13, 14. Resolution in favour of, 15. SHIPS STORES to be duty free, Report of Select Committee, 39. SCHOOL TEACHERS' back Salaries, Motion to pay, defeated, 47. SUPREME COURT, Resolution about, 21; Report of Select Committee, 48. STANDING ORDERS SUSPENDED, 7, 8, 10, 14, 18, 20, 22, 28, 53, 54, 55, 66, 68. SUPPLY (see Estimates.) VOTE OF THANKS to Gentlemen in England who had interested themselves about Reciprocity with United States, 15. BRITISH COLUMBIA. v. jT ^w^^w^S^ r {i-b-} FREDERICK SEYMOUR. PROCLAMATION By His Excellency Frederick Seymour, Esquire, Governor and Commander-in- Chief in and over the Colony of British Columbia and its Dependencies, Vice- ' Admiral and Ordinary of the same, &c, &c. To the Honorable the Legislative Councillors of the said Colony, and every of them, and whom else it may concern ; Greeting. KNOW YE that I, Frederick Seymour, under and by virtue of all powers and authorities in me in that behalf vested, do hereby command and, by the tenor of these presents, enjoin you and each of you that on Thursday, the seventeenth day of December, One thousand eight hundred and sixty-eight, at the Council Chamber, Victoria, personally you be and appear FOR THE DISPATCH OF BUSINESS, to treat and conclude upon those things which in the said Legislative Council may be ordained. GIVEN" under ~my hand and the Public Seal of the Colony, at Government House, Victoria, in the Colony of British Columbia, this third day of December, in the year of Our Lord One thousand eight hundred and sixty-eight, and in the thirty-second year of Her Majesty's Reign. , By His Excellency's Command. William A. G. Young. NOTICE. Colonial Secretary's Office, 3rd December, 1868. NT obedience to Her Majesty's command, the Governor has appointed the following Public Officers to be, during Her Majesty's pleasure, Members of the Legislative Council of British Columbia:— The Honorables William Alexander George Young, Henry Pering Pellew Crease, Joseph William Trutch, Wymond Ogilvy Hamley, Arthur Thomas Bushby, the Officers lawfully acting for the time being as Colonial Secretary, as Attorney General, as Chief Commissioner of Lands and Works, as Collector of Customs, as Postmaster General, respectively, for the said Colony. r 17th DECEMBER. 1868 The Governor has been further pleased to appoint the undermentioned gentlemen toTe Members of the said Legislative Council, nz:- The Honorables Edward Graham Alston, Henry Maynard Ball, Henry Holbrook, Peter O'Reilly, Augustus Frederick Pemberton, Edward Howard Sanders, George Anthony Walkem, Thomas Lett Wood. after each Honorable gentleman's name.— The Honorables William Weir Carrall, Cariboo, John C. Davie, Victoria District, Montague William Tyrwhitt Drake, Victoria City, Henry Havelock, Yale, m John Sebastian Helmcken, Victoria City, Thomas B. Humphreys, Lillooet, David Babington Ring, Nanaimo, John Robson, New Westminster. Provided, always, that such appointments as last mentioned, shall be provisional only as aforesaid; and provided, also, that' they shall continue in force, unless previously determined, until the first day of August, A. D. 1871, and no longer. Bv Hisf-Excellency's Command. * WILLIAM A. G. YOUNG. A'ursday, tire 17th day of December, 1868. Pursuant to the above Proclamation, the Legislative Council met this day, the following Members being present:— The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, Ball, Pemberton, Drake, Helmcken, Alston, Wood, Carrall, Davie, Ring, Walkem. At 2 o'clock, p.m., His Excellency Frederick Seymour, Governor of the Colony, entered the Council Chamber, accompanied by his Private Secretary, and, being seated in the President's Chair, administered the oaths of allegiance and office to the Members present. His Excellency then delivered the following gracious Speech:— Honorable Gentlemen of the Legislative Council: In meeting you for the first time in our new Casjpiital, it is my pleasing duty to state that the Colony does not appear to be in a position to create despondency. It is true that the brilliant days of the early discovery of gold have-not returned, nor do they seem likely to do so. The bars on the Fraser which once furnished occupation to ten or twelve thousand men are now abandoned to the rockers of some half-dozen Chinamen. Yet Cariboo, in spite of the disastrous fire at-Bar- kerville, which awoke all our sympathies, continues to improve. New creeks of great promise are being discovered in the District, and I am informed that the yield of gold will exceed that of any preceding year. Further South, at the Kootenay, a new Gold Field, of which the most favourable expectations are entertained, is already being worked by a considerable body of Miners. The farming resources of the Country are being developed to an extent little anticipated at the time when Gold Mining was the prominent thought in every mind. In the Yale District alone forty-six new farms were established previous to the month ending with August, m the year about to expire. Nor must I forget to congratulate you on the extensive exportation of Spars and Lumber which we now see going on, and on the general prosperity of our principal Coal Mines Before entering formally on the business of tbe present Session, it will be well that 1 shotrtd' inform you of the fate of the measures already passed. The great' 32° VICTORIA. 17th DECEMBER. majority of the Ordinances have been confirmed by Her Majesty. I shall not mention them in detail, but I specify those which have not been thus favourably received. J The Act to incorporate the Sisters of Saint Ann has been thought to savour too much of the principles of Mortmain. The Mortgage Bill is considered objectionable by the Secretary of State, who has consequently been unable to advise its allowance by Her Majesty. Further information on this subject shall be laid before you by Message. A. decisional! the Land Bill of the last Session is deferred,-pending the consideration of certain returns which I have, by command, forwarded to the Secretary of State. The Judiciary Bill has not been allowed; nor can it be so, until Her Majesty's Government are in a position to provide for one of the two Chief Justices of the Colony. No'exertion has been wanting on my part in the past/nor shall be in the future, to secure a solution of an embarrassing question. To turn to the work before us. I shall lay before you a Bill to provide for the fencing of land in British Columbia. The subject is one of very considerable difficulty, and I should have hesitated in moving in it, but that I know that the measure will not pass through your hands without ample consideration., It has been found that the system of Royalties and Inspection of Accounts on behalf ot the Government now in use in the Mining Leases of the Crown, by no means gives satisfaction to the people, nor profit to the Treasury. Companies likewise object to the usual clauses, under the present leasing system, to ensure effectual working, and to satisfy the Government as to the amount of Capital paid up. I propose to you to abandon the principle of Mining Leases save as ancillary to the general system which I am about to submit. It is desirable, in my opinion, that any person of whatever nationality, who shall duly, as will be provided, obtain and effectually work a tract of Mining Ground, should have every facility for acquiring a Fee. The Bill will be so soon before you that I shall not enter into further details. Suffice it to say-that you will find it sufficiently liberal. The machinery for working the measure is largely borrowed from the Gold Mining Laws which, have given general satisfaction. Silver, Copper, Lead, Cinnabar, and Coal are within the provisions of the Bill. As I contemplate obtaining a very large renunciation of the rights of the Crown, a suspending clause will be necessary in our enactment. Some amendments in the Vancouver Island Road Act shall be proposed to you. A Bill is in preparation, intended to confer very considerable powers upon a Board of Health to be appointed in case of need by the Governor. The scarcity of our securities in the market, and the high price which they command, shews that confidence in the financial stability of the Colony is sufficiently restored to justify me in proposiug to you the establishment of a Savings Bank. A Bill for the purpose will be laid before you. I propose that a moderate rate of interest shall be allowed on deposits above a certain amount, and that the depositor shall have the security of the General Revenue. A Bill to legalize the unforeseen Expenditure of the year 1867 is ready for your consideration. Let me assure you that it contains nothing unusual. There are certain amounts paid for compensation to Public Servants for loss of office, and others to cover the necpssary expenses growing out of the now almost forgotten complications on Grouse Creek. The Estimates for the ensuing year shall be brought at once before you. It is therefore needless that I should enter into any lengthened consideration of their details. They are not unreasonable. The expectations for 1869 are founded upon the experience of 1868. The accounts have not yet been received from the outlying districts of this vast territory; but we are already in a position to state that the Receipts will, within a few dollars, equal the Revenue estimated for the current year. I am not aware of any unusual expenditure for which to invoke your support. The Public debt has been considerably reduced, yet large sums have been expended on works of public utility, such as keeping the main lines of communication with the Gold Mines and the logging stations in a good condition. Certain Bridges near Victoria have been repaired. A new one is in course of construction, and the channel within our harbour is now being clearly marked out. The Buoys at the mouth of the Fraser have been put into repair again. As the Revenue shows more elasticity you will find in the Estimates-for 1869 a greater amount than usual asked for the repair of the Public Roads, and for the support of Schools and Hospitals. It is sought likewise to obtain a large grant for Public Works. A moderate amount will be required of you for the establishment of a branch of the Government Assay Office in Cariboo. No increase of Public Officers will be necessary for the purpose. The present staff will be simply divided. I have not in the Estimates asked for a grant, but, should the finances allow of it, the Executive Government will be prepared to assume the responsibility of antici- ^ 12th DECEMBER. 1868 pating the wishes of the public by removing one of the Sister Rocks which render difficult, if not dangerous, the navigation of a portion of Fraser River. The Salaries will be much the same as in 1868. A Return shall be laid before you shewing the great reduction of the Civil Establishment that has been made since the Union of the Colonies, exhibiting a total saving of $67,013. Previous to Union, I had reduced the expenditure on Salaries On the Mainland by $21,049, making a total saving since my assumption of the Government of the continental portion of the Colony of $88,092. It has been by unmitigated economy. I have never appointed a higher Officer than a Constable. Having just referred to the repairing of the Bridges leading towards Esquimalt, I suggest for your consideration, whether it might not be advisable, if it can be done without injury to the Harbour of Victoria, to shorten-the distance between the two Ports, by the erection of a Bridge from the foot of Johnson Street to the Indian Reserve. An Ordinance for the purpose would, I believe, be required. But we are not pressed for time. The repaired Bridges will last a few years longer. Several gentlemen connected with this Colony and with the Hudson's Bay Company have, in England, made efforts to procure the admission of British Columbia into any Treaty of Reciprocity which may be negotiated with the Uuited States, in regard to the trade of.the Eastern Colonies. The question having been brought before me, Ifimd it one of considerable difficulty, and I shall be glad if you will favour me with your advice in arriving at,an opinion as to its expediency. My attention has been more than once called to the desire of a large portion of the community that this Colony should enter into Confederation with the Dominion of Canada. There is no Englishman who would not rejoice to see a vast State, still under his own flag, extending; from the Atlantic to the Pacific; but the practical difficulties of effecting a Union with our far distant fellow Colonists on the other Ocean are very great. I telegraphed, on the 11th March, 1867, to urge that a provision be inserted in the Bill then before Parliament, for the ultimate admission of British Columbia into the Eastern Confederacy. Thus anticipating, by seven days, the formal resolution expressive of the wishes of the Legislative Council on the point. I am informed, in reply, as I .stated on a previous occasion, that "the "question must at all events await the time when the intervening Territory, now " under the control of the Hudson's Bay Company, shall have been incorporated "with the Confederation." When transmitting formally the Resolution passed by the Legislative Council, I expressed myself desirous of seeing the project carried out, if it were practicable. To this, and to all my further communications to the Secretary of State on the subject, the reply has simply been that my despatches have been forwarded to the Governor of Canada. If I may judge from some unofficial letters I have received, there is a desire on the part of Her Majesty's Government to see all Her possessions on the Continent of North America united, but the Secretary of State, with more information before, him than we can possess, thinks the obstacles to the scheme to be extremely formidable. It is not improbable that the natural desire of the people to take a larger share in the conduct of public affairs, and in the Government of the Colony, has led to the wish for union with a self-governing kindred State, regardless of the natural, physical, and administrative difficulties which present themselves. It is not for me to rake up the controversies of the past, or enquire whv the liberal institutions accorded to one portion of the Colony were not considered to have been perfectly successful. The principal was right. Being of this opinion, I have taken an important step towards bringing about a greater freedom cf communion between the Government and the people. I have obtained Her Majesty's gracious permission to place within the Executive Council two gentlemen, Members of your House not necessarily connected in any way with the Government. Assisted by this reconstituted Council of Advice, I shall* proceed to consider whether some reconstruction might not also be desirable in the Legislative body. One change appears to me perfectly simple and unobjectionable and that is under our present restricted Constitution, to allow the people to elect their representatives, without having to obtain the concurrence of the Governor in their choice 1 he more depopulation of the Colony increases, and the greater its prosperity bo much the easier will it be to introduce the principles of self-government For an increase of population and a. return of prosperity I confidently look. It is but natural that in a community which in its early days has been thrown upon its own resources, -there should be vio ent oscillations between extreme confidence and equal despondency I think that the Colony is now, however, entering on a condition of moderate but progressive prosperity, and I can hardly long for the vast tide of immigration whicn on its influx, a few years ago, created exaggerated expectations, and on its ebb left disappointed hopes and much misery behind. There is now every evidence of individual well-being. The rate of wages is high; a consid- M £kj 32° VICTORIA. 21st DECEMBER. erable public revenue is raised under a tariff, the'main principle of which is the taxing of luxuries. If it be contended that the aggregate community is deeply in debt, I reply that our debt does not exceed two years revenue. I know of no State in Europe, or on this Continent, whose liabilities are comparatively so light. Did I not consider that the embers of discord have burnt out, I should feel especial satisfaction in meeting you at a time of the year when we are about to commemorate the greatest event the world has seen; a time when, after pouring out our love and gratitude to the Almighty, our one object is to cultivate the affection of our kindred, and the friendship and regard of our fellow men. His Excellency then left the Council Chamber. The Hon. the Acting Colonial Secretary took the Chair as Presiding Member. The Presiding Member acquainted the Council that in order to prevent any mistakes he had obtained a copy of the Governor's Speech. Ordered that the same be read aloud by the Clerk. Read accordingly. On the motion of the Hon. Mr. Trutch, the Hon. Mr.Bushby seconding, Ordered, That the Governor's Speech be printed for the use of Members. On the motion of the Hon. Mr. Ball, the Hon. Mr. Carrall seconding;, Resolved, That a Select Committee, to be named by the Presiding Member, be appointed to draw up and submit a reply to His Excellency's gracious Speech. The following Hon. Members were named accordingly:—The Hon. Messrs. Ball, Carrall, Drake, Alston, Davie. The Hon. the Attorney General gave notice of 3 motions. The Hon. Mr. Helmcken gave notice .of motion. The Hon. Mr. Drake gave notice of motion. The Hon. Mr. Walkem then moved that the Council do now adjourn till 1 o'clock on Monday. The Hon. Mr. Helmcken moved, in amendment, that the Council adjourn till 3 o'clock on Friday. The amendment being put, the Council divided. Ayes 5. Noes 8. So the amendment was lost. The original motion having been put and carried, the Council adjourned till 1 o'clock on Monday, the 21st instant. Monday, the 21st day of December, 1868. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—Thft Hon. Messrs. Young, Crease, Trutch, Ball, Alston, O'Reilly, Hamley, Pemberton, Ring, Wood, Davie, Walkem, Havelock, Carrall, Helmcken, Drake. The Minutes of the previous Meeting were read and confirmed. The Hon. the Presiding Member produced a Dedimus Fotestatem from the Governor, empowering him to swear in Members of the Council during the present Session, and read the same aloud as follows:— | L. s.} Frederick Seymour. To William Alexander George Young, Esquire, Presiding Member of the Legislative Council of British Columbia, and whom else it may concern ; Greeting. Know ye that I, Frederick Seymour, Governor of the Colony of British Columbia reposing especial trust and confidence in the fidelity, learning, and integrity of the said William Alexander George Young, and under and by virtue of all powers and authorities me the said Frederick Seymour, as such Governor, in that behalf enabling, have appointed, and by these presents do ' 21st DECEMBER. 1868 give and grant unto the said William. Alexander George Youngjfullpowe^ fnd authority to administer the customary oath to Members of the Legislative Council, during the present Session. Tbe Hon the Presiding Member then administered the customary oath to Henry ^d^k, E^ni^who was introduced to the Council Chamber, and took his seat at the Board. The Hon. Mr. Helmcken presented a Petition from Joseph Carruthers Nicholson.* Ordered to be received and read. Read accordingly Ordered to be printed. The Hon. Mr. Davie presented a Petition H| certain inhabitants of Vancouver Island, in reference to a Fence Bill. Ordered that the same do lie on the table. The Hon. Mr. Helmcken gave notice of motion. The Hon. the Presiding Member then administered the customary oath to Peter O'Reilly, Esquire, who was introduced to the Council Chamber, and took his seat at the Council Board. The Hon. Mr. Davie gave notice of motion. The Hon. Mr. Helmcken gave notice, of motion. The Hon. Mr. Drake gave notice of motion. The Hon. Mr. Helmcken gave notice of motion. The Hon. Mr. Ball, Chairman of the Select Committee appointed to draw up and submit a report in reply to His Excellency's opening Speech, brought up the same. Ordered that the same be read aloud by the Clerk. Read accordingly as follows:— 1o His Excellency Frederick Seymour, Governor and Commander-i:\-Chief of the Colony of British Columbia, <fc, $c, $c. We, Her Majesty's dutiful and loyal subjects, Members of the Legislative Council of 3ritish Columbia, in Council assembled, have heard with feelings of satisfaction the great improvement visible in the general prosperity of the Colony. The great advance which has taken place, not only in the Agricultural Districts and Gold Fields, but also in the increased exportation of Coal, Spars, and Lumber induce us to believe that our progress will be steady and permanent. We beg to assure Your Exeellencythat all the measures which are brought under our consideration shall receive our most careful attention. It is to be regretted that Her Majesty's Government has not thought it expedient to pass the Judiciary Bill, but we trust that some measure will be introduced during the present Session, which will terminate the existing anomalies in the administration of the law, and to which Her Majesty will be able to assent. A Fence Bill is one which will confer a great boon on the Settlers. The importance of a good Mineral Law cannot be too highly estimated, and we are glad to hear from Your Excellency that the measure to be proposed will be liberal in its character, and trust that it will lead to the increased development of the vast mineral resources known to exist in the Colony. We congratulate Your Excellency on the improved financial condition of % the Colony, and the reduction which has been effected in the public debt. Fully impressed with the importance of exercising a rigid economy in all Departments of the Government, the Estimates prepared on this basis will receive our support. We view with satisfaction the prospect of an increased expenditure on Public Works, as the opening up and repair of roads to various parts of this large territory affords the only permanent means of settliug the Country. We are glad that the important topics of Reciprocity with the United States and Goniederation with the Dominion of Canada'will be discussed, and trust that some satisfactory solution of these important questions will be arrived at. We cordially concur with Your Excellency in believing that the time has now arrived_when the people should have the full right of electing their representatives in the Legislature, and we hope that its constitution will be still further amended, so as to develop with greater freedom the principles of self-government, r r & *See Sessional Papers, No. I. 32 VICTORIES. 21st DECEMBER. In conclusion, we trust that all classes and parties will harmoniously work together for the common good, and endeavour by wise measures, under the Divine blessing, to^ win for the Colony a high position amongst the Dependencies of Great Britain. (Signed) H. M. BALL, Chairman of the Select Committee. On the motion of the Hon. Mr. Helmcken, the Hon. Mr. Ring seconding, Ordered, That the above Report be adopted. On the motion of the Hon. Mr. Trutch, the Hon. Mr. O'Reilly seconding, Resolved, That the Preeiding Member be requested to learn at what hour His Excellency the Governor would be prepared to receive the reply of the Council'. The Council adjourned during pleasure. On the Council resuming its sitting, the Presiding Member acquainted them that His Excellency was prepared to receive the Council at their convenience. The Council adjourned during pleasure. On the Council resuming its sitting, the Presiding Member informed the Council that, attended by the Members of the Council, he had waited on the Governor to present the address in reply to His Excellency's Speech at the opening of the Council, and that His Excellency had bean pleased to make thereto the following rejoinder:— Honorable Gentlemen of the Legislative Council: I have received with much satisfaction the address you have been good enough to present to me. I sincerely trust that the efforts we are about to make for the improvement of the Colony will be attended with success. I am glad that you have placed on record your conviction of the enormous resources of the Colony; and, turning to the last paragraph, let me assure you that on my part nothing will be wanting to keep alive the good feeling which I trace in your address. Pursuant to the Order of the day, the Hon. the Attorney General introduced the Fence Bill. Ordered to be read first time at once. Read first time accordingly. Second reading ordered for 7th January, 1869. Pursuant to the Order of the day, the Hon. the Attorney General introduced the Savings Banks Bill. Ordered to be read first time at once. Read first time accordingly. Second Reading ordered for 7th January, 1869. Pursuant to the Order of the day, the Hon. the Attorney General introduced the Mining Bill. Ordered to be read first time at once. Read first time accordingly. Second reading ordered for 20th January, 1869. Pursuant to the Order of the day, the Son. Mr. Helmcken moved for leave to bring in a.Bill altering the Constitution of the Executive and Legislative Councils. Whereupon a debate arose, Which having lasted some time, on the motion of the Hon. Mr. Helmcken, Ordered that the debate be adjourned till to-morrow. Pursuant to the Order of the day, the Hon. Mr. Drake moved for leave to introduce the Customs Drawback Bill. Ordered that leave be granted, and that the Bill be now read first time. Rend first time accordingly. Ordered to be read second time on the 8th January, 1869. The Standing Orders having been suspended for the purpose, the Hon. Mr. Helmcken gave notice of 2 motions. Then, on the motion of the Hon. Mr. Crease, the Council adjourned till 2 o'clock to-morrow, the 22nd instant. 5H V 7th JANUARY. 1869 Tuesday, the 22nd day of December, 1868. The Council met at 2 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch,Ball, Alston, Hamley,Bushby, Pemberton, Ring, Wood, Davie, Havelock, Carrall, Helmcken, Drake, Walkem. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Drake presented* a Petition from the Victoria Fire Department. Ordered that the same be received and do lie on the table. Pursuant to the Order of the day, the Hon. Mr. Helmcken moved that a day be named for consideration in Committee of the whole of that part of His Excellency's address relating to a Reciprocity Treaty with the United States of North America. Ordered that the question be considered in Committee on Monday, the. 12th January, 1869. , Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. Walkem seconding, and it was Resolved, That His Excellency the Governor be respectfully requested to transmit to this Council any papers relating to (1) The Land Bill; (2) The Judiciary Bill; (3) The Reciprocity Treaty with the United States of America; (4) The question of Confederation with Canada. _ On the Order of the day being read for a question standing in the name of the Hon. Mr. Drake, On the motion of the Hon. Member, Ordered, That the same be postponed till 12th January, 1869. Pursuant to the Order of the day, the Hon. Mr. Helmcken asked the following questions of the Acting Colonial Secretary:— Whether it be the intention of the Executive to make provision for the encouragement of Immigration? Whether it be the intention of the Executive to open the Eagle Pass route at an early date ? The Hon. the Acting Colonial Secretary replied. Pursuant to the Order of the day, the Hon. Mr. Helmcken asked leave to bring in Registration of Voters Bill. Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time on the 13th January, 1869. On the Order of the day being read for resuming the adjourned debate on the Hon, Mr. Helmcken's motion for leave to bring in a Bill altering the Constitution of the Executive and Legislative Councils, The Hon. Mr. Helmcken moved that the Standing Orders be suspended to enable him to give a further notice on this subject. The- Standing Orders having been suspended, the Hon. Member gave a • notice of motion. ° Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 7th January, 1869, at 1 o clock. Tuesday, the 7th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,-The Hon Messrs. Young Crease, Hamley, Trutch, O'Reilly, Bushby, Pemberton, Ball, Walkem, Wood, Alston, Drake, Carrall, Helmcken, Davie Humphreys, Havelock. 32° VICTORIA. 8th JANUARY. The Minutes of the previous Meeting were read and confirmed. Thomas Basil Humphreys, Esq., was then introduced to the Council Chamber, and the customary oaths having been administered to him by the Presiding Member, took his seat at the Council Board. The Hon. Mr. Davie presented a Petition from the Settlers of Cowichan. Ordered to be read. Read accordingly. Ordered to lie on the table. The Hon. Mr. Carrall gave notice of motion. The Hon. Mr. Helmcken gave notice of motion. The Hon. Mr. Havelock gave notice of motion. The Hon. Mr. Carrall gave notice of motion. The Hon. Mr. Davie gave notice of 2 motions. The Hon. Mr. Helmcken rose to speak to a question of privilege, and moved the following Resolution:— That a Committee be appointed to enquire into the allegations contained in the Petition of J. C. Nicholson, with power to send for papers and persons, and to report to this Council at the earliest possible opportunity. Whereupon a debate arose, which having terminated, The Hon. Member asked leave to withdraw the same. Ordered that leave be granted. Resolution withdrawn accordingly. Pursuant to the Order of the day, the Fence Bill was read second time. Ordered to be committed to-morrow. Pursuant to the Order of the day, the Savings Banks Bill was read second time. Ordered to be committed on Monday next. Pursuant to the Order of the day, the Hon. Mr. Davie asked leave to bring in Wolves and Panthers Destruction Bill. Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time on Wednesday next. Pursuant to the Order of the day, the Hon. Mr. Helmcken moved that the Council go into Committee to consider a Resolution in reference to the alteration of the Constitution of the Executive and Legislative Councils. Ordered that the Council go into Committee accordingly. The Presiding Member left the Chair. The Hon. Mr. Ball in the Chair of the Committee. On the Presiding Member resuming the Chair, the Chairman handed in a report. Whereupon, on the motion of the Hon. Mr. Helmcken, the Council went again into Committee. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported progress and asked leave to sit again. Ordered that leave be granted for to-morrow. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 o'clock, to-morrow. Friday, the 8th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, O'Reilly, Bushby, Ball, Walkem, Alston, Drake, Carrall, Helmcken, Davie, Humphreys, Ring, Havelock. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Ring gave notice of 2 motions. The Hon. Mr. Davie gave notice of motion. The Hon. Mr. Havelock gave notice of motion. The Hon. Mr. Walkem gave notice of motion. The Hon. Mr. Humphreys gave notice of motion. 10 11th JANUARY. 1869 V On the Order of the day being read for the second reading of the Drawback Bill, The Hon. Mr. Walkem moved, the Hon. Mr. Ball seconding, That this Bill be referred to a Select Committee to report upon; and tbe said Committee shall also enquire whether any other changes in the Gustoms Laws would be beneficial to the interests of the Colony; if so, specifying tbe same. That the said Committee shall have power to send for persons and papers, and move from .place to place, and make record of the evidence. On the question being put it was carried in the affirmative, and Resolved accordingly. The Hon. the Presiding Member named the following Select Committee :— The Hon. Messrs. Walkem, Ball, Hamley, Drake, Helmcken, Bushby, Havelock. On the Order of the day being read for a motion standing in the name of the Hon. Mr. Helmcken, in reference to the repeal of the Crown Salaries Act, Ordered that the same be postponed till Monday. Pursuant to the Order of the day, the Hon. Mr. Havelock asked the Hon. the Attorney General Whether it is the intention of the Government to introduce a Bill for a uniform system of Education for the Colony ? The Hon. the Attorney General replied. On the Order of the day being read for a motion of the Hon. Mr. Davie, in reference to the Petition from the Settlers of Cowichan, On the motion of the Hon. Member, Ordered that leave be granted to withdraw the same. Withdrawn accordingly. Pursuant to the Order of the day, the Hon. Mr. Davie asked the Acting Colonial Secretary Whether any and what steps have been taken by the Government towards the discovery of the perpetrators of the Salt Spring Island Murder? The Hon. the Acting Colonial Secretary replied. Pursuant to the Order of the day, the Council went into Committee on the Fence Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Walkem, Chairman of the Committee, reported.progress, and asked leave to sit again. Ordered that leave be granted for Wednesday next. Pursuant to the Order of the day, the Council resumed, in Committee, the adjourned consideration of the Hon. Mr. Helmcken's Resolution in respect to altering the Constitution of the Executive and Legislative Councils. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported progress and asked leave to sit again. Ordered that leave be granted for Monday next. Then, on the motion of the Hon. Mr. Alston, the Council adjourned till l o'clock on Monday next. Monday, the 11th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, O'Reilly, Hamley Pemberton, Ring, Wood Davie, Walkem, Havelock, Carrall, Helmcken, Drake Bushby, Sanders, Humphreys, Robson, Holbrook. The Minutes of the previous Meeting were read and confirmed. Edward Howard Sanders, John Robson, and Henry Holbrook, Esquires were then introduced into the Council Chamber, and, the customary oaths having been administered by the Presiding Member, took their seats at the Council Board. The Hon. Mr. Ring gave notice of 2 motions. The Hon. Mr. Carrall gave notice of 4 motions. The Hon. Mr. Davie gave notice of motion. The Hon. Mr. Ring gave notice of motion. The Hon. Mr. Humphreys gave notice of 2 motions. The Hon. Mr. Alston gave notice of motion. 32 VICTORLE. 12th JANUARY. 11 On the motion of the Hon. Mr. Crease, Ordered, That the Standing Orders be suspended to enable the Hon. Mr. Havelock to present a Petition. The Standing Orders having been suspended accordingly, The Hon. Mr. Havelock presented a Petition from the inhabitants of Lytton. Ordered to be read. Read accordingly. Ordered that the same do lie on the table. Pursuant to the Order of the day, the Council went into Committee to consider the question of Reciprocity with the United States of America. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported that some progress had been made with the Resolutions, and-asked leave to sit again. Ordered that leave be granted, and that the same do stand as the first Order of the day on Wednesday. Pursuant to the Order of the day, the Hon. Mr. Carrall asked leave to introduce the Loan and Investment Bill. Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time on the Monday, the 18th instant. Then, on the motion of the Hon. Mr. Crease, the Council adjourned till 1 o'clock to-morrow, the 12th instant. Tuesday, the 12th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, Hamley, Bushby, Pemberton, Ring, Wood, Davie, Havelock, Carrall, Helmcken, Drake, Walkem, O'Reilly, Sanders, Robson, Holbrook, Humphreys. The Minutes of the previous Meeting were read and confirmed. Pursuant to the Order of the day, the Hon. Mr. Drake asked the Hon. the Attorney General Whether it is the intention of the Government to bring in any measure to amalgamate the Laws of this Colony, and whether any steps will be taken to grant to the Supreme Courts of this Colony concurrent jurisdiction ? The Hon. the Attorney General replied. Pursuant to the Order of the day, the Hon. Mr. Ring asked what amount of public funds have been expended by the Government on the Roads and Bridges in the District of Nanaimo, since Union ? The Hon. Mr. Trutch replied. According to Order, the Hon. Mr. Ring moved, the Hon. Mr. Carrall seconding, That the Governor be respectfully requested to furnish this Council with a Return of the amount of Revenue contributed or collected from Nanaimo since the Union. On the question being put it was carried in the affirmative and Resolved accordingly. On the Order of the day being read for a motion standing in the name of the Hon. Mr. Ring, for leave to bring in a Bill relating to Crown Costs, The Hon. Member asked leave to postpone the same till Friday. Ordered that leave be granted. Postponed till Friday accordingly. Pursuant to Order, the Hon. Mr. Carrall asked leave to bring in Anatomy Bill. Ordered that leave be granted, and the Bill read first time at once. Read first time accordingly. Second reading ordered for Monday, the 18th instant. Pursuant to Order, the Hon. Mr. Carrall asked the Government to extend aid to the Cariboo Literary Institute. The Hon. the Acting Colonial Secretary replied. 12th JANUARY. 1869 Pursuant to Order, the Hon. Mr. Carrall asked the Government if they intend to extend aid to the Barkerville Fire Department, and if so, how mucnr The Hon. the Acting Coloni&l Secretary replied. Pursuant to Order, the Hon. Mr. Carrall asked the Government if they cannot increase, this year, the allowance to Cariboo Hospital? The Hon. the Acting Colonial Secretary replied. According to Order, the Hon. Mr. Davie asked leave to bring in a Cattle Protection Ordered .that leave be granted, and that the Bill be now read first time. Read first time accordingly I Ordered to be read second time on Friday next. Pursuant to the Order of the day, the Hon. Mr. Humphreys moved, the Hon. Mr. Holbrook seconding, _ That His Excellency the Governor be respectfully requested to order that a sum of money be set aside for the establishment of a School at Lillooet and Clinton. On the question being put it was carried in the affirmative and Resolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Alston moved, the Hon. Mr. Holbrook seconding, That a respectful address be presented to His Excellency the Governor, requesting him to furnish this Council with a Return, as soon as it may be convenient, of the names of the Teachers of Common Schools in Vancouver Island, to whom salaries have been paid, since the Union of the Colonies up to the 31st December, 1868, with the amounts so paid. On the question being put it was carried in the affirmative and Resolved accordingly. According to Order, the Hon. Mr. Helmcken moved, the Hon. Mr. Holbrook seconding, That His Excellency the Governor be respectfully requested to transmit a Bill to this Council to enact that Supplies for Ships' use going to Foreign parts may be had free of Customs Duties, the law now in force being very injurious to Commerce. The Hon. the Attorney General moved in amendment, the Hon. Mr. Alston seconding, That this question be referred to the Select Committee upon the Drawback Bill, to be included in their enquiry, and form the subject of a Special Report. On the amendment being put it was carried in the affirmative and Resolved accordingly. Pursuant to Order, the Hon. Mr. Carrall asked the Government if the'Salaries of the School Teachers of Vancouver Island, previous to Union, have been paid? The Hon. the Acting Colonial Secretary replied. According to Order, the Council went into Committee on the Savings Banks Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the Bill complete, with amendments. Ordered that the report be adopted, and the Bill read third time on Friday next. J The Hon. Mr. Bushby asked to be relieved from serving on the Committee on the Drawback Bill. The Hon. the Presiding Member named the Hon. Mr. Robson to serve on the said Committee. The Hon. Mr. Davie, pursuant to Order, called the special and early attention of tbe Government to the state of the Saanich and Metchosin Roads. The Hon. the Chief Commissioner of Lands and Works replied. The Hon. Mtv Havelock, pursuant to Order, moved the following Resolution, the Hon. Mr. Humphreys seconding:— That an humble address be presented to His Excellency the Governor praying that immediate steps be taken towards removing one of the "Sister's"' Rocks m Fraser River. On the question being put it passed in the affirmative, and was Resolved accordingly. V 32° VICTORLE. 13th JANUARY. 13 According to Order, the Hon. Mr. Walkem asked the Hon. the Acting Colonial Secretary Whether it is the intention of the Government to establish a regular Mail communication,' this season, between this part of the Colony and the Kootenay and Perry Creek Mines ? The Hon. the Acting Colonial Secretary replied. Pursuant to the Order of the day, the Hon. Mr. Humphreys asked the Hon. the Chief Commissioner of Lands and Works If it is the intention of the Government to make a Road from Lytton to Lillooet; and if so, when? The Hon. the Chief Commissioner of Lands and Works replied. Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 3 o'clock to-morrow. Wednesday, the 13th day of January, 1869. The Council met at 3 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, Pemberton, Ball, Sanders, Drake, Helmcken, Alston, Wood, Carrall, Davie, Walkem, Ring, Robson, Holbrook, Havelock, Humphreys. The Minutes of the previous Meeting were read and confirmed. A Message from His Excellency the Governor, which being read is as follows:— Message No. 1. Frederick Seymour. The Governor lays before the Legislative Council certain applications addressed to Her Majesty's Secretary of State, praying that His Grace will endeavour to secure that, in the case of its renewal, the provisions of the Reciprocity Treaty shall be extended to British Columbia.* He thinks it hardly necessary to point out that if any relaxation of the Tariff should be made in favour of the United States, existing Treaties require that the same advantage should be extended to other Countries. Government House, IZth January, 1869. Ordered to be printed. The Hon. Mr. Wood gave notice of motion. The Hon. Mr. Drake gave notice of motion. The Hon. Mr. Alston gave notice of motion. The Hon. Mr. Walkem gave notice of motion. The Hon. Mr. Carrall gave notice of motion. According to Order, the Council went into Committee on adjourned consideration of Reciprocity with the United States. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported progress, expressed the wish of the Committee that certain papers be laid before the Committee, and asked leave to sit again. Ordered that the papers be laid before the Committee, and leave granted to the Committee to sit again at once. The Council went again into Committee. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted, and that this question do stand first in order of precedence to-morrow. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 2 p.m. to-morrow. See Sessional Papers, No. El 14 14th JANUARY. 1869' Thursday, the 14th day of January, 1869. The Council met at 2 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. preSent,—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, O'Reilly, Ball, Walkem, Wood, Alston, Holbrook, Robson, Drake, Helmcken, Carrall, Humphreys, Havelock, Davie, Ring. The Minutes of the previous Meeting were read and confirmed. According to Order, the Council went into Committee on the subject of Reciprocity with the United States of America. ^ _ _ 'WmM mM On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Gbair- man of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for to-morrow, and that this question do stand first in order of precedence to-morrow. On the Order of the day being read for a question standing in the name of the Hon. Mr. Ring, relative to the amendment of the Courts of Justice, On the motion of the Hon. Member, Ordered that leave be granted to withdraw the same. Withdrawn accordingly. On the Order of the day being read for a Resolution standing in the name of the Hon. Mr. Drake, relative to the Courts of the Colony, The Hon. Member asked leave to^postpone the same. Ordered to be postponed till this day week. Pursuant to Order, the Hon. Mr. Alston asked the Hon. the Attorney General Whether it is his intention to introduce a measure for the Registration of Births and Deaths? The Hon. the Attorney General replied. Pursuant to Order, the Hon. Mr. Wood moved, the Hon. Mr. Davie seconding, That His Excellency the Governor be respectfully requested to obtain from the Board of Education of Vancouver Island, and transmit to this Council a Report embodying the following details:—(1) The Financial condition of the Board; (2) The Schools in actual operation from the Union to the present time;_ (3) The proximate number of Pupils at each School; (4) The names and Salaries of Teachers; (5) Such other matters as the Board may deem proper to be alluded to in their Report. On the question being put, it was carried in the affirmative and Ordered accordingly. Pursuant to Order, the Hon. Mr. Walkem asked the Hon. the Attorney General If it is the intention of the Government to introduce in this Colony the recent English Criminal Statutes ? The Hon. the Attorney General replied. According to Order, the Hon. Mr. Carrall asked the Hon. the Attorney General If it is the intention of the Government to amend the Gold Mining Laws? ; I The Hon. the Attorney General replied. On the Order of the day being read for the second reading of the Registration of Voters Bill, ° Ui Ordered that the same be postponed till Saturday. On the Order of the day being read for the second reading of the Wolves and Panthers Destruction Bill, s vvoives and Ordered that leave be granted to withdraw the same. Bill withdrawn accordingly. 0n ^ended^11 °f ^ H°n' ^ ^^ 0rdered that the Standing Orders be sus- The Standing Orders having been suspended, the Hon. Member ffave a notice of .motion. o*ve ** Then, on the motion of the Hon. Mr. O'Reilly, the Council adjourned till 3 p m to-morrow. J y.ui. 32° VICTORIA. 15th JANUARY 15 Friday, the 15th day of January, 1869. The Council met at 2 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, Sanders, Ball, Alston, Wood, Walkem, Holbrook, Robson, Drake, Humphreys, Ring, Havelock, Helmcken, Carrall, Davie, Pemberton, O'Reilly. The Minutes of the previous Meeting were read and confirmed. The Hon.-Mr. Alston gave notice of motion. The Hon. the Attorney General gave notice of motion. According to Order, the Council went into Committee on the subject of Reciprocity with the United States. On the Presiding Member resuming the'Chair, the Hon. Mr. Alston, Chairman of the Committee, reported that the deliberations of the Committee on Reciprocity had terminated, and that he had been instructed to hand in the following Resolution for the adoption of the Council. Ordered that the same be taken as read. On the question of the adoption of the Resolutions being put it was passed in the affirmative and Resolved accordingly, That this Council having taken into consideration the portion of His Excellency's Speech, and. the recent Message, requesting an expression of the views of the Legislative Council as to the advisability of entering into a Reiprocity Treaty with the United States of North America, is of opinion:— That until there is sufficient information before the Council as to the terms of the Treaty now under negotiation between the Dominion of Canada and the United States, to enable this Council to judge how far it would be advantageous, or the reverse, to British Columbia to be included within its general provisions, the Council is unable to come to a definite conclusion on that point. They are, however, clearly of opinion that a Treaty, if need be, a separate one, which should reciprocally admit the following articles free of any kind of duty, or at a very small mutual rate of duty, from British Columbia into the United States, and vice versa, would not only be acceptable to this Colony but equally beneficial to that power; that is to say:— Coal, Timber, Lumber of all kinds, round, hewn, and sawn, Fish of all kinds, Firewood, Cranberries, Fish Oil, Coal Oil, Turpentine, Wheat, Maize, whether ground or whole, Tar, Pitch, Cotton Canvas, Clocks, Quicksilver, Sewing Machines, Agricultural Implements, Marble, Limestone, Sandstone, Granite, or any other rough Stone, Slate, Furs, Hides, Wool, Hair, Horns, Skins, Bones, Pelts. That, for the reason above given, it would be advisable to stipulate that any provision in such general or special Treaty, which should embrace any of the details in the above list, should only come into operation upon its adoption by an Ordinance of this Legislature. The Hon. Mr. Alston reported a further Resolution for the adoption of the Council, • as follows:— , That the thanks of this Council be tendered to those gentlemen who brought the subject of Reciprocity before Her Majesty's Government, for their valuable exertions in behalf of the interests Of this Colony, and that this Resolution be forwarded to those gentlemen. On the question being put it was carried unanimously and Resolved accordingly. 18th JANUARY. 1868 On the motion of the Hon. Mr. Helmcken, the Hon. Mr. Robson seconding. Resolved, That a deputation be appointed to carry up the Resolution on the subject of Reciprocity to His Excellency the Governor, in order to explain the views of the Council. „ ,, . -n- ij^v^,, The Hon. the Presiding Member appointed the following Hon. Memoers accordingly:— The Hon. Messrs. Young, Helmcken, Drake, Ring, Irutcb. Pursuant to the Order of the day, the Council went again into Committee on the Fence Bill. \ . , __ _, _ ., _,. . On the Presiding Member resuming the Chair, the Hon. Mr. Walkem, Chairman of the Committee, reported further progress made with the Bill, and asked leave to sit again. Ordered that leave be granted for Tuesday next. / On the Order of the day being read for a motion standing in the name of the Hon. Mr. Ring, in reference to Intestate Estates, On the motion of the Hon. Member, Ordered, That the same be postponed till Tuesday. Pursuant to the Order of the day, the Hon. Mr. Ring moved the following Resolution :— That His Excellency the Governor be respectfully requested to furnish a Return of the amount of duties received at Victoria by the Collector of Customs on Goods consigned to Nanaimo, as distinguished from those duties transmitted to the Collector by the Collector at Nanaimo. On the question being put it passed in the negative, and the Resolution was lost. According to Order, the Hon. Mr. Humphreys moved, the Hon. Mr. Havelock seconding, That His Excellency the Governor be respectfully requested to order that all Colonial Flour, Bran, and Shorts required by Farmers for their own use, be exempt from Road Tolls. On the question being put the Council divided. Ayes 8, Noes 7. So it was carried in the affirmative and Resolved accordingly. The Hon. the Acting Colonial Secretary gave notice that on Monday next he would introduce the Estimates for the year. Then, on the motion of the Hon. Mr. Trutch, the Council adjourned till 1 o'clock, on Monday. Monday, the 18th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Vl^rA^nmw i^^i^^'J^^ Trutch' HamleF> BusW)y> Zanders, Ball Alston Holbrook, Robson, Helmcken, Humphreys, Davie, Wood Rino- Drake, Walkem, O'Reilly, Sanders, Carrall. | ' g> The Minutes of the previous Meeting were read and confirmed. The Hon. the Attorney General gave notice of motion. The Hon. Mr. Davie gave notice of motion. The Hon. Mr. Robson gave notice of motion. '^mS^S^' ae HM- ^otiog Colonial Seoret^introdueed Ordered to be printed. morrow601 ^^ the °0imCil d° r6SOlve itS6lf int0 a Committee of Supply to- 32° VICTORIA. 18th JANUARY. 17 Pursuant to the Order of the day, the Hon. Mr. Helmcken moved the following Resolution, the Hon. Mr. Carrall seconding, That this Council conscious that the condition of the Colony now differs very materially from that existing at the time when-the Crown Salaries Ordi- nance^ and other Ordinances, relating thereto were framed and enacted, deem it advisable earnestly to ask His Excellency the Governor to transmit to this Council an Ordinance repealing the Crown Salaries Ordinance, and other Ordinances relating thereto, in order that a reduction of some of the salaries therein named may be made; and in order that some of the offices therein provided for may be abolished, or at all events struck out of the Civil List. Whereupon a debate arose, which having terminated, The Hon. Mr. Trutch moved in amendment, the Hon. Mr. Crease seconding, That the words from "conscious" to "enacted" be struck out. On the question" being put it was carried in the affirmative and Resolved accordingly. On the original Resolution being put as amended the Council divided, fc^j Ayes 5, Noes 8. On the names, pursuant to a request, being taken down by the Clerk as" follows:— Ayes. Noes. The Hon. Messrs. Ring, The Hon. Messrs. Davie, Wood, Robson, Humphreys, Holbrook, Carrall, Alston, Helmcken, Walkem, Drake, Ball, Sanders, The vote was found to stand as follows:— Ayes 6, Noes 7, the Hon. Mr. Ring having voted in the negative, but on the names being taken down claimed to have voted in the affirmative. This claim was overruled by the Hon. the Presiding Member, who decided that the vote on the question stood Ayes 5, Noes 8, as originally declared, So the Resolution passed in the negative and was lost. Pursuant to the Order of the day, the Council went into Committee to consider the Resolution of the Hon. Mr. Helmcken, in reference to altering the Constitution of the Legislative and Executive Councils. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported progress and asked leave to sit again. Ordered that leave be granted for Monday, the 25th instant. On the Order of the day being read for the second reading of the Loan Bill, Ordered to be postponed till Friday next. On the Order of the day being read for the second reading of the Anatomy Bill, Ordered to be postponed till Friday next. Pursuant to the Order of the day, the Hon. the Attorney General introduced the - Health Bill. Ordered to be read first time at once. Read first time accordingly. Second reading ordered for.this day week. On the Order of the day being read for the second reading of the Registration of Voters Bill, Ordered to be postponed till Monday, the 25th instant. .- Pursuant to the Order of the day, the Hon. Mr. Ring asked leave to bring in Crown Costs Bill. Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time on Monday next. Pursuant to the Order of the day, the Cattle Bill was read second time. Ordered to be committed on Friday next. Pursuant to the Order of the day, the Savings Banks Bill was read third time, and it was Resolved that this Bill do pass, and that its title be "The Savings Banks Ordinance, 1869." Pursuant to the Order of the day, the Hon. Mr. Davie moved, the Hon. Mr. Wood seconding, That a respectful address be presented to His Excellency the Governor, requesting him to authorize the Stipendiary Magistrates of settled Districts to pay suitable rewards for the destruction of Wolves and Panthers. 18 20th JANUARY. 1869 On the question being put it was carried in the affirmative and Resolved accordingly. Then, on the motion of the Hon. Mr. Carrall, the Council adjourned till 1 o'clock, on Wednesday, the 20th instant. Wednesday, the 20th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, O'Reilly, Ball, Sanders, Drake, Helmcken, Alston, Wood, Davie, Walkem, Robson, Ring, Havelock, Holbrook. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Helmcken presented a Petition from certain inhabitants of Victoria, in reference to the Mining Law. Ordered to be read and printed. Read accordingly. The Hon. Mr. Helmcken gave notice of 2 motions. On the Order of the day being read for a motion standing in the name of the Hon. Mr. Alston, Ordered to be deferred. On the Order of the day being read for a motion standing in the name of the Hon. the Attorney General, Ordered to be deferred. On the motion of the Hon. Mr. Helmcken, the Standing Orders were suspended. The Hon. Member then moved the following Resolution, of which he had just given notice:— That a respectful address be presented to His Excellency the Governor, requesting that he will cause the following Returns to be supplied to this Council;—(1) The Revenue and Expenditure on account of Steamer Douglas for the year 1868; (2) The income and expenditure on account of Assay Office, 1868; the total amount of Gold assayed at that office during 1868; the probable amount of Gold taken out of the Mines during that period; (3) An account of the Income and Expenditure (approximate) under the various heads for the year 1868, together with an account of the sums paid to the .various Officers dispensed with; (4) The post of a prisoner per diem at New Westminster; Do. at Victoria; (5) The amount expended during 1868, upon the main trunk road of the Mainland; the average annual expense of keeping it in repair. On the question being put it was carried in the affirmative and Resolved accordingly. Pursuant to Order, the Council went into Committee of Supply. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the following sums voted, and Resolutions passed, and asked leave to sit again. Resolved that the following votes be agreed upon:— Department of the Governor $2,552 00 Legislative Council 900 00 Colonial Secretary ' $| 9 424 00 Treasurer 4*552 00 Auditor General 5 077 00 Chief Commissioner of Lands and Works 4,348 00 Customs 12',920 00 Registrar General 735 00 Harbour Master 1940 00 Post Office H 2J50 00 Supreme Court 3 452 00 Attorney General l?'o08 00 High Sheriff ^500 00 32° VICTORIA. 20th JANUARY. 19 Police and Gaols 17,306 50 Stipendiary Magistrate, &c, Kootenay 9,716 00 „ „ Cariboo 12,088 00 „ „ Yale 4,320 00 „ „ Lillooet 4,608 00 . „ „ Nanaimo 2,434 00 Pensions 970 00 Revenue Services ....A 1,000 00 Administration of Justice 4,400 00 Charitable Allowances 10,500 00 Education 10,000 00 Police and Gaols 12,000 00 Rent 875 00 Transport | ? 6,660 00 Resolved, That this Council is of opinion that the present system adopted in keeping the public accounts of this Colony is of too complex a character, and one that leads to unnecessary expenditure; and this Council, therefore, respectfully requests that His Excellency will be pleased to obtain such change in the system as will appear desirable and most compatible with economy; and this Council would further especially refer to the practice of auditing the accounts of the Colony in England, as being one that might with advantage be dispensed with. That the item of $900 for a Revenue Officer at Burrard Inlet be increased to $1,200, and that he also act as Constable. That this Council desires to express to His Excellency the Governor its opinion that the system of employing convict labour upon the public streets exerts a most demoralizing and injurious influence upon the convicts themselves, as well as upon the community. That His Excellency be respectfully requested to allow the former salary of $1,940 to the Chief Constable and Clerk of Cariboo; this Council is of opinion that the reduced amount in the Estimates of this year is insufficient to support the incumbents. That His-Excellency the Governor be respectfully recommended to increase the amount of salary it is proposed to pay the Toll Collector, Constable, and Postmaster, at Clinton, to $1,250. . That His Excellency the Governor be respectfully requested to make an immediate appropriation to pay off the debts of the Royal Hospital, Victoria, and the Royal Columbian Hospital, New Westminster. On the question of the adoption of the above Resolutions being put it passed in the affirmative and was Resolved accordingly. Ordered that leave be granted to the Committee of Supply to sit again tomorrow. On the Order of the day being read for the second reading of the Mining Bill, Ordered to be postponed till Friday next. On the Order of the day being read for the further Committal of the Fence Bill, Ordered to be deferred till Monday. Pursuant to the Order of the day, the Hon. Mr. Ring moved, the Hon. Mr. Drake seconding, That His Excellency the Governor be respectfully requested to furnish a Return stating the amount received from the Estates of Intestates in Vancouver Island, by the Registrar or Official Administrator, since the retirement of Chief Justice Cameron down to the present time; also stating the amount now lying to the credit of the Intestate Fund. On the question being put the Council divided. Ayes 3, Noes 9. The names, as requested, having been taken down by the Clerk, as follows: Ayes. Noes. The Hon. Messrs. Ring, The Hon. Messrs. Wood, Drake, Davie, Bushby, Robson, Holbrook, Alston, Sanders, O'Reilly, Crease, Trutch. So it passed in the negative and the Resolution was lost. 20 21st JANUARY. 1869 On the Order of the day being read for a motion standing in the name of the Hon- Mr Robson relating to Harbour Master's Report on Fraser Kiver, On tie motion of the Hon. Member, Ordered that leave be granted to with- draw the same. Withdrawn accordingly. According to a deferred Order, the Hon. Mr. Alston moved, the Hon. Mr. Holbrook Thafan address be presented, to His Excellency the Governor respectfully requesting him to transmit to this Council a Bill for the Registration of Births . ^On^hfquestion being put it was carried in the affirmative and Resolved accordingly. According to a deferred Order, the Hon. Mr. Crease asked leave to bring in Queen Charlotte Coal Co.'s Registration Bill. | mi-^t Ordered that leave be granted, and that the Bill be now read, nrst time. Read first time accordingly.. Ordered to be read second time on Monday next. On the motion of the Hon. Mr. Holbrook, Ordered that the Standing Orders be suspended. The Standing Orders having been suspended, the Hon. Member gave notice of 2 motions. Then, on the motion of the Hon. Mr. Trutch, the Council adjourned till 1 p. m. to-morrow. Thursday, the 21st day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, O'Reilly, Ball, Walkem, Wood, Alston, Pemberton, Robson, Drake, Helmcken, Carrall, Humphreys, Havelock, Davie, Ring, Sanders. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Helmcken presented a Petition from Robert Homfray, and moved that the same be read. On the question being put the Council divided. Ayes 12. Noes 3. So it was carried in the affirmative, and Ordered to be read. Read accordingly. Ordered to be considered on Tuesday next. The Hon. Mr. Ring gave notice of motion. The Hon. Mr. Drake gave notice of motion. The Hon. Mr. Havelock gave notice of motion. The Hon. Mr. Walkem gave notice of motion. The Hon. Mr. Helmcken gave notice of motion. The Hon. Mr. Alston gave notice of motion. On the Order of the day being read for a Resolution standing in the name of the Hon. Mr. Drake, Ordered to be deferred till later in the day. On the Order of the day being read for a motion standing in the name of the Hon Mr. Helmcken, in reference to Customs Return, Ordered that leave be granted to withdraw the same. Withdrawn accordingly. Pursuant to the Order of the day, the Council went again into Committee of Sunnlv On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly Chair man of the Committee, reported the following sums voted and Resolutions passed, and asked leave to sit again. 32° VICTORIA. 22nd JANUARY. 21 Resolved that the following votes be agreed upon:— Conveyance of Mails $29,400 Works and Buildings 12,000 Resolved, That His Excellency the Governor be respectfully requested to appropriate the sum of $200 for the carriage of Mails between New Westminster and Burrard Inlet, and that a Post Office be established at the latter place. That His Excellency the Governor be humbly requested to make provision for a Mail communication once a week to Metchosin. That His Excellency the Governor be humbly requested to order that the Mail now carried from Clinton to Lillooet, be sent from Lytton to Lillooet. This applies to the Mail from Victoria. That this Committee is of opinion that 'a trail through the Eagle" Pass should be made as soon as the season will admit. That His Excellency the Governor be respectfully requested to instruct the Chief Commissioner of Lands and Works to report on the condition of the East Saanich Road, and that a sum sufficient to place this road in passable condition be placed on the Estimates. That the Governor will be pleased to direct that the Metchosin Road, from Weir's to Vine's, be laid out and made. On the question of the adoption of these Resolutions being put it was carried in the affirmative and Resolved accordingly. Ordered that leave be granted to the Committee to sit again to-morrow. Pursuant to the Order of the day, the Hon. Mr. Drake moved the following Resolution :— That this Council is of opinion that the existing condition of the Supreme . Courts of this Colony is highly anomalous, mischievous, and inconvenient, and, pending an organic Ordinance for the establishment of one Supreme Court, an Ordinance should be passed forthwith to establish (1) A concurrent jurisdiction in each of the Supreme Courts throughout the entire Colony; (2) An appeal as of right from the decision of either of the existing Supreme Courts to the Judges of both Courts, with the addition of a third Judge of Appeal. Whereupon a debate arose, Which having terminated, Ordered that the debate on this question be adjourned till to-morrow. Then, on the motion of the Hon. Mr. Trutch, the Council adjourned till 1 o'clock to-morrow, the 22nd instant. Friday, the 22nd day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, O'Reilly, Bushby, Ball, Walkem, Alston, Drake, Carrall, Helmcken, Davie, Humphreys, Ring, Havelock, Wood, Robson,'Pemberton, Sanders. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Helmcken presented a further Petition from Mr. Nicholson.* Ordered that the same be read aloud by the Clerk. Read accordingly. Ordered that the same do lie on the table. The Hon. Mr. Humphreys gave notice of motion. The Hon. Mr. Robson gave notice of 2 motions. The Hon. Mr. Drake gave notice of motion. Pursuant to the Order of the day, the Council went again into Committee of Sup- ^ On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the following sums voted, and Resolutions passed, and asked leave to sit again. " * See Sessional Papers, No. 3. 22 25th JANUARY. 1869 Resolved, That the following votes be agreed upon:— Roads, Streets, and Bridges $62,500 Miscellaneous 16,500 Interest 22,000 Drawbacks 2,-100 Temporary Loans 100,000 Government Vessels 16,800 LightHouses 10,000 Resolved; That in the opinion of this Committee, it is of the utmost importance that the Road connecting New Westminster with Burrard Inlet should be kept in a passable condition, and His Excellency is recommended to make the necessary appropriation for the same. That this Council fully recognizing the importance of establishing communication by land between the seaboard and the interior of British Columbia, recommend to His Excellency the Governor the early survey of a Trunk Road from New Westminster to Yale, and the division of such road into sections of say a mile each; and that provision should be made for the gradual construction of said road by the issuing of land scrip for the payment of three-fourths of the work, the remaining fourth to be paid for in money. That His Excellency be pleased to place upon the Estimates a sum of $ 1,000 for the Fire Companies of Victoria. That a suitable appropriation of money for the establishment of a Fire Department at Barkerville be placed in the Estimates. That an address be presented to His Excellency the Governor, respectfully recommending that a Court House be erected in the town of Yale during the present year. On the question of the adoption of the above Resolutions being put, it was carried in the affirmative and Resolved accordingly. On the motion of the Hon. Mr. Robson, the Standing Orders were suspended, and the Hon. Member gave notice of motion. Then, on the motion of the Hon. Mr. Drake, the Council adjourned till 1 o'clock on Monday next. Monday, the 25th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, O'Reilly, Hamley, Ring, Wood, Davie, Walkem, Havelock, Carrall, Helmcken, Drake, Holbrook, ' Bushby, Sanders, Humphreys, Robson. The Minutes of the previous Meeting having been read. On the question of their confirmation being put, the following protest was placed on the Book: PROTEST. The undersigned Representative Members of the Legislative Council, whilst they would not do any injustice to the gentlemen now actually performing the duties of Governor, Colonial Secretary, Attorney General, Commissioner of Lands and Surveyor General, and Collector of Customs, do protest against any person who may hereafter perform those duties receiving any greater salary than the following, viz.:— Governor £2,500 per annum. Colonial Secretary 600 I Attorney General, with practice 350 Commissioner of Lands and Sm Commissioner of Lands and Surveyor General 600 Collector of Customs 600 and further protest against the office of Treasurer and of the Chief Inspector of Police being retained upon the Civil List, and against any person being appointed to those offices. J r 5 (Signed) J. S. Helmcken, Victoria City. R. W. W. Carrall, Cariboo. J. C. Davie, Victoria District. M. W. T. Drake, Victoria City. T. B. Humphreys, Lillooet. H. Havelock, Yale. 32° VICTORLE. 26th JANUARY 23 The Minutes were then confirmed. A Message from His Excellency the Governor, which being read is as follows:— Message No. 2. Frederick Seymour. In compliance with the Resolution passed by the Legislative Council on the 12th instant, the Governor forwards a Return shewing the amount of Revenue collected torn Nanaimo since the Union of the Western Colonies.* Government House, 23rd January, 1869. The Hon. Mr. Drake .presented the Petition of William Steinberger.f Ordered to be received and read. Read accordingly Ordered that the same do lie on the table. The Hon. Mr. Helmcken gave notice of motion. The Hon. Mr. Crease gave notice of motion. Pursuant to the Order of the day, the Council went into Committee of Supply. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the following Resolution for the adoption of the Council:— That the Government be respectfully recommended to make provision for the establishment of a Law Library for the use of the Courts of Law. On the question being put it was carried in the affirmative and Resolved accordingly. According to Order, the Hon. Mr. Alston asked leave to bring in the Common Schools Bill. Ordered that leave be granted, and the Bill read first time at once. Read first time accordingly. Second reading ordered for Wednesday, the 3rd February. According to Order, the Council went into Committee to consider the Hon. Mr. Helmcken's Resolution altering the Constitution of the Executive and Legislative Councils. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, stated that the Committee had risen without a report. On the Order of the day being read for the second reading of the Health Bill, A debate arose, which having terminated, On the question of the second reading being put the Council divided. Ayes 14, Noes 5. So it passed in the affirmative, and the Bill was read second time. Ordered to be committed on Thursday next. On the Order of the day being read for the second reading of the Registration of Voters Bill, Ordered that the rest of the Orders of the day be postponed till to-morrow, and that the second reading of the Mining Bill do stand as the first Order of the day. Then, on the motion of the Hon. Mr. Robson, the Council adjourned till 1 p.m. to-morrow. Tuesday, the 26th day of January, 1869. i The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in-the Chair as Presiding Member. Present^—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, Hamley, Bushby, Pemberton, Ring, Wood, Havelock, Carrall, Helmcken, Drake, Walkem, O'Reilly, Sanders, Robson, Holbrook, Humphreys. * See Sessional Papers, No 4. tSee Sessional Papers, No. 5. J 24 26th JANUARY. 1869 On the Minutes being read, the Hon. the Attorney ^^^f^^* *t Protest on the subject 08f the Crown Salaries therein appearing_ be struck^ou* ■ as it referred not to a vote of the Council but to a matter treated ofr in Com mittee of the Council which had not come before the Council, and was tbere '1 fomSlu^n a debate arose, which having terminated, the Hon. Member withdrew his motion. The Minutes were then confirmed. The Hon. Mr. Drake gave notice of motion. The Hon. Mr. Holbrook gave notice of motion. The Hon. Mr. Holbrook gave notice of motion. The Hon. Mr. Wood gave notice of motion. On the Order of the day being read therefor, the Mining Bill was read second time. 'Ordered to be committed to-morrow. Pursuant to the Order of the day, the Council took into consideration the Petition of Robert Homfray. . The Hon. Mr. Robson moved that it be referred to a Select Committee tor Report. .• , On the question being put, it was carried in the affirmative and Ordered accordingly. The Hon. the Presiding Member named the following Select Committee:— The Hon. Messrs. Robson, Wood, Trutch. On the Order of the day being read for a. motion in regard to the Law of Probate, standing in the name of the Hon. Mr. Ring, Ordered that the same be postponed till this day week. On the Order of the day being read for a motion standing in the name of the Hon. Mr. Havelock, on the subject of the abolition of the Road Tolls, The Hon. Member asked leave to withdraw the same. Ordered that leave be granted. Resolution withdrawn accordingly. Pursuant to Order, the Hon. Mr. Walkem moved, the Hon. Mr. Robson seconding, That His Excellency the Governor be respectfully requested to send down an Ordinance to this Council to provide for the better administration of Justice in causes of Action between the Crown and the Subject. On the question being put the Council divided. Ayes 12, Noes 4. So it passed in the affirmative and was Resolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Robson moved, the Hon. Mr. Helmcken seconding, the following Resolution:— That an humble address be presented to His Excellency the Governor, recommending the immediate establishment, at San Francisco, of an Emigration Agency for the purpose of affording information respecting the Colony, and the best means of reaching it. On the question being put it passed in the affirmative, and was Resolved accordingly. Pursuant to Order, the Hon. Mr. Robson moved, the Hon. Mr. Helmcken seconding, That an humble address be presented to His Excellency the Governor, enquiring whether Her Majesty's assent is still withheld from the "Land Ordinance, 1867;" and if so, upon what grounds? and that any correspondence referring to the same between the Imperial and Colonial Governments, or extracts from such correspondence, may. be laid before this Council. On the question being put the Council divided. Ayes 12, Noes 4. So it was carried in the affimative and Resolved accordingly. On the Order of the day being read for the second reading of the Registration of Voters Bill, ° On the motion of the Hon. Mr. Helmcken, Ordered that leave be granted to withdraw the same. Bill withdrawn accordingly. °D time rder"°f the day beiDg read tlierefor'the Grown Cost8 Bil1 was read second •Ordered to be committed on Tuesday next. 32° VICTORLE. 27th JANUARY. 25 Pursuant to Order of the day, the Council went again into Committee on the Fence Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported the Bill complete with amendments. Ordered that the Report be adopted, and the Bill read third time on Monday next. On the Order of the day being read therefor, the Queen Charlotte Coal Co. Registration Bill was read second time. Ordered to be committed On Monday next.. Ordered that the two next motions, standing in the name of the Hon. Mr. Holbrook, be postponed. According to Order, the Hon. Mr. Humphreys moved, the Hon. Mr. Helmcken seconding, That Returns of the amount of Revenue derived from Kootenay, during the year 1868, be respectfully asked of His Excellency the Governor. On the question being put it was carried in the affirmative, and Resolved accordingly. According to Order, the Hon. Mr. Helmcken moved, the Hon. Mr. Humphreys seconding, That His Excellency the Governor be pleased to send down Returns of the Exports from British Columbia during 1868. On the question being put it was carried unanimously and Resolved accordingly. Then, on the motion of the Hon. Mr. Drake, the Council adjourned till 1 o'clock to-morrow. Wednesday, the 27th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch,-Bushby, Sanders, Ball, Alston, Wood, Walkem, Holbrook, Robson, Humphreys, Ring, Davie, Havelock, Helmcken, Carrall, O'Reilly. ' The Minutes of the previous Meeting were read and confirmed. Pursuant to the Order of the day, the Hon. the Attorney General introduced the Fire Company's Bill. Ordered to be read first time at once. Read first time accordingly. Second Reading ordered for 3rd February. Pursuant to the Order of the day, the Hon. Mr. Wood moved, the Hon. Mr. Walkem seconding, the following Resolution:— That the Government be respectfully recommended to provide for the establishment of a Public Library and Museum, or to give pecuniary assistance to existing local institutions of a like nature. On the question being put the Council divided. Ayes 4, Noes 12. So it passed in the negative and the Resolution was lost. Pursuant to the Order of the day, the Council went into Committee on the Mining -Dill On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported some progress made with the Bill, and asked leave to sit again. Ordered that leave be granted for to-morrow. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 o'clock, to-morrow. 26 29th JANUARY. lg69 Thursday, the 28th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Bushby, Sanders, Carrall, Ball, Alston, Holbrook, Robson, Helmcken, Humphreys, Davie, Wood, King, Drake, Walkem, O'Reilly, Havelock. The Minutes of the previous Meeting were read and confirmed. On the Order of the day being read for a motion standing in the name of the Hon. Mr. Alston, on Indian affairs, Ordered that the same be postponed till this day week. Pursuant to the Order of the day, the Council went again into Committee on the Mining Bill. . On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported progress made with the Bill, and asked leave to sit again. Ordered that leave be granted for to-morrow. A Message from His Excellency the Governor, which being read is as follows:— Message No. 3. Frederick Seymour. The Governor lays before the Legislative Council a Bill entitled "An Ordinance to appropriate the sum of Four hundred and nineteen thousand three hundred and thirty-five dollars and fifty cents, out of the General Revenue of the Colony, for the contingent service of the year 1869." Government House, 2%th January, 1869. Ordered that the Supply Bill be now read first time. Read first time accordingly. . Second reading ordered for Monday next. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 p.m. to-morrow. Friday, the 29th day of January, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, Hamley, Bushby, Ring, Wood, Hayelock, Carrall, Helmcken, Drake, Walkem, Humphreys, O'Reilly, Sanders, Robson, HolbrOok, Davie. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Davie gave notice of motion. Pursuant to the Order of the day, the Council went again into Committee on the Mining Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported progress and asked leave to sit again. Ordered that leave be granted and the Committee sit again on Monday. Pursuant to the Order of the day, the Council went into Committee on the Queen Charlotte Coal Company Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Wood Chairman of the Committee, reported the Bill complete, with amendments ' Ordered to be read third time on Monday next. On the Order of the day being read for the Committal of the Health Bill Ordered to be postponed till Monday. ' 32° VICTORIA. 1st FEBRUARY. 27 According to Order, the Hon. Mr. Walkem asked leave to brine in Bail and Affidavits Bill. . s Ordered that leave be granted, and that the Bill he now read first time. Read first time accordingly. Ordered to be read second time on Wednesday next. Pursuant to the Order of the day, the Hon. Mr. Holbrook moved, the Hon. Mr. Davie seconding, the following Resolution:— that a respectful address be presented to His Excellency the Governor, recommending that the Members elected from the Mainland be paid their expenses during the time of their attendance at the Council, within a limit of 40 days, and that a sum sufficient be placed by His Excellency on the Supplemental Estimates. The Hon. Mr. Crease moved in amendment, that the word "reasonable" be inserted before expenses; and the words "within a limit of 40 days" struck out. This amendment having been put and carried, The Hon. Mr. Walkem moved the following amendment:— That the word "travelling" be inserted before "expenses," and substitute "incurred in their attendance upon this Council" for rest of clause after word "expenses;" erase "from the Mainland." On the question being put, words "from the Mainland" erased] word "travelling" lost; that the words "incurred in their attendance upon this Council" be substituted for rest of clause after word " expenses " lost. The Resolution as amended stood as follows:— That an humble address be presented to His Excellency the Governor, recommending that the Members elected be paid their reasonable expenses during the time of their attendance at the Council, and that a sum sufficient be placed by His Excellency on the Supplemental Estimates. On the question being put the Council divided. Ayes 6, Noes 5. So it was carried in the affirmative and Resolved accordingly. Then, on the motion of the Hon. Mr. Crease, the Council adjourned till 1 o'clock, on Monday next. Monday, the 1st day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, O'Reilly, Hamley, Wood, Davie, Walkem, Havelock, Carrall, Helmcken, Drake, Holbrook, Bushby, Sanders, Humphreys, Robson, Pemberton. On the Minutes of the previous Meeting being read, the Hon. Mr. Walkem proposed to place a protest on the books against a vote of the Council yesterday, on the subject of paying the expenses at Council of elected Members. Ordered to be rejected. The Hon. Mr. Holbrook proposed to place a protest on the books against a protest of the 25th January, on the Crown Salaries, having; been allowed to remain on the books. Ordered to be rejected. The Minutes were then confirmed. A Message from His Excellency the Governor, which being read is as follows:— Message JVo. 4. Frederick Seymour. The Governor lays before the Legislative Council a Return of the Exports from British Columbia in 1868.* Government House, 1st February, 1869. Ordered to be printed. The Hon. Mr. Helmcken presented a Petition of Messrs. Jones and Jenkinson. Ordered that the same be received and do lie on the table. * See Sessional Papers, No. 6. 28 1st FEBRUARY. 1869 The Hon. Mr. Helmcken gave notice of 2 motions. The Hon. Mr. Havelock gave notice of motion. The Hon. Mr. Robson gave notice of motion. The Hon. Mr. Humphreys gave notice of motion. Pursuant to the Order of the day, the Council went again into Committee on the Mining Bill. _ ,, rn, ' On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported progress made, and asked leave to sit again. Ordered that leave be granted for to-morrow. Purauant to the Order of the day, the Hon. Mr. Drake asked leave to introduce Game Amendment Bill. WJIm, m- Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time on Friday next. Pursuant to the Order of the day, the Supply Bill was read second time. Ordered to be committed at once. The Council went into Committee on the said Bill. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the Bill complete, without amendments. Ordered to be read third time to-morrow. Pursuant to the Order of the day, the Hon. Mr. Davie moved, tbe Hon. Mr. Wood seconding, That a respectful address be presented to His Excellency the Governor, recommending that His Excellency be pleased to direct that a sum of money (say $250) be appropriated to the Victoria Agricultural Society. The Hon. Mr. Robson moved in amendment, That the Governor be respectfully requested to place on the Supplementary Estimates the sum of $1,000 to be applied to the service of the several Agricultural Societies throughout the Colony. The Hon. Mr. Davie having withdrawn his Resolution in favour of the Hon. Mr. Robson's amendment, the same was put, and having passed in the negative, the Resolution was lost. On the Order of the day being read for the third reading of the Fence Bill, The Hon. Mr. Walkem moved that the Standing Orders be suspended to enable the Billto be recommitted for the purpose of striking out certain words. The Standing Orders having been suspended, nemine contradicente, the Bill was recommitted. On the Presiding Member resuming the Chair, the Hon. Mr. Walkem, Chairman of the Committee, reported the Bill complete with amendments. Ordered to be read third time to-morrow. On the Order of the day being read for the third reading of the Queen Charlotte Coal Company Bill, Ordered to be recommitted. Recommitted accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the Bill complete. Ordered to be read third time to-morrow. On the Order of the day being read for the committal of the Health Bill Ordered to be postponed till to-morrow. ' Pursuant to the Order of the day, the Hon. Mr. Holbrook moved the following Resolution:— 6 That an humble address be presented to His Excellency the Governor re commending that the duty on Wheat be reduced to 15 cents per 100 lbs The Hon. Mr Trutch moved the previous question, which having been put and earned the Resolution was lost. v Pursuant to the Order of the day, the Hon. Mr. Drake moved, the Hon Mr Davie seconding, the following Resolution:— a Vt^t ??tcel^cy be requested to send down an Ordinance to alter the t:^nlteX^rtZim *" **"* *"* * to 5° ^ * ^> ^ On the question being put the Council divided. Ayes 10, Noes 7. So it was carried in the affirmative and Resolved accordingly. V 32° VICTORIA. 2nd FEBRUARY 29 On the Order of the day being read for a motion standing in the name of the Hon. Mr. Davie, on the subject of certain reports published in England on Confederation, Ordered that leave be granted to withdraw the same. Withdrawn accordinsrlv. Then, on the motion of the Hon. Mr. Crease, the Council adjourned till 1 p.m. to-morrow. Tuesday, the 2nd day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, O'Reilly, Bushby, Ball, Alston, Drake, Helmcken, Davie, Humphreys, Ring, Robson, Wood, Holbrook, Havelock,_Pemberton, Sanders. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Havelock gave notice of motion. The Hon. Mr. Davie gave notice of motion. Pursuant to the Order of the day, the Fence Bill was read third time, and it was Resolved that this Bill do pass, and that its title be "The Fence Ordinance, 1869." Pursuant to the Order of the day, the Queen Charlotte Company Office Bill was read third time, and it was Resolved that this Bill do pass, and that its title be "The Queen Charlotte Mining Company's Office Ordinance, 1869." Pursuant to the Order of the day, the Supply Bill was read third time, and it was Resolved that this Bill do pass, and that its title be "An Ordinance to apply the sum of Four hundred and nineteen thousand three hundred and thirty-five dollars and fifty cents, out of the General Revenue of the Colony, for the contingent service of the year 1869." Pursuant to the Order of the day, the Hon. Mr. Holbrook moved the following Resolution, the Hon. Mr. Humphreys seconding, That the sum of $1,500 be recommended to be allowed for the carriage of the Mails between Victoria and New Westminster, in addition to the amount already voted for that purpose, and that an amount be placed by His Excellency the Governor to meet the same on the Supplementary Estimates. Whereupon a debate arose, during which the following Messages from His Excellency the Governor were received, which being read are as follows:— Message No. 5. Frederick Seymour. The Governor has received the Resolutions passed by the Legislative Council on the 20th January. He will forward to Her Majesty's Government that recommending a simplification of the mode of keepingthe public accounts. The other Resolutions are receiving his earnest consideration. Government House, 2nd February, 1869. Message No. 6. Frederick Seymour. The Governor has received the Resolution passed by the Legislative Council on the 26th January, in favour of his transmitting a Bill for the Registration of Births and Deaths. The subject is one. of great difficulty in this Colony, and the efforts made to pass an Ordinance for the purpose indicated failed on the Mainland. As he cannot construct a measure which would satisfy himself, he forwards for the inspection of the Council a despatch from the Secretary of State forwarding a copy of an Ordinance passed in Ceylon, and which has there given, satisfaction. Government House, 0..... s '2nd February, 1869. _ u—j* I Message No. 1. J Frederick Seymour. The Governor has received the Resolution passed by the Legislative Council, asking for information respecting the delay of the Royal Assent to the Land Bill of 1867. It is not in the power of the Governor to ^™^J^! of the correspondence which has passed on the subject, and if it were, but little information would be received by the Council from the papers he would lay before them. . .... c W&k a*a It is believed that the existing laws relating to the acquisition of tend are liberal. The matter is still under consideration. Government House, 2nd February, 1869. Message JVo. 8. Frederick Seymour. The Governor has received the Resolution passed by the Legislative Council, requesting him to transmit a Bill for the better administration'of justice in causes of action between the Crown and the Subject. He would remind the Council, that each individual member of it has the power of initiating Bills, which when perfect, receive the utmost consideration. But he must add, that the present system does not, in his opinion, work unjustly towards any one. The Crown simply represents the public interests. Government House, 2nd February, 1869. The Hon. Mr. Helmcken rose to a question of Order, and it was decided by the Hon. the Presiding Member, that the Resolution of the Hon. Mr. Holbrook was not in order, having been already dealt with in the Estimates. Pursuant to the Order of the day, the Hon. Mr. Holbrook moved, the Hon. Mr. Havelock seconding, That a sum be recommended to be allowed for the conveyance of the Mails per steamer, between New Westminster and Yale, and that His Excellency be requested to place an amount to meet the same on the Supplementary Estimates. On the question being put the Council divided. Ayes 6. Noes 11. So it passed in the. negative and the Resolution was lost. Pursuant to Order, the Hon. Mr. Ring asked leave to bring in Probate Amendment Bill. Ordered that leave be granted, and the Bill read first time at once. Read first time accordingly. Second reading ordered for February 16th. Pursuant to the Order of the day, the Council went into Committee on the Crown Costs Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill complete with amendments. Ordered to be read third time to-morrow. On the Order of the day being read for a motion standing in the name of the Hon Mr. Havelock, * Ordered that leave be'granted to withdraw the same. On the Order of the day being read for a motion standing in the name.of the Hon Mr. Holbrook, Ordered that leave be granted to withdraw the same. Pursuant to the Order of the day, the Hon. Mr. Havelock asked whether it is the intention of the Government to cause one of the "Sister's" Rocks in the JJraaer Kiver to be removed this year, as recommended by the Council? Ihe Hon. the Chief Commissioner replied. According to Order, the Hon. Mr. Robson moved, the Hon. Mr. Carrall seconding, of Land^nde^rnT?f * !;iC0Uncil S is °f imPorta^e that the Department ot Lands and Works should be so conducted as to afford those arriving in the Colony the fullest possible information respecting the countrv, its varLus re- ™T^n ASncuVtTiral a*d Mineral Lands occupied, the lauds ?tiIuPen for pre-emption or purchase, the position and character of such lands, the rate of 32° VICTORIA. 3rd FEBRUARY. 31 wages and the cost of living in the various districts, the population, stock, and improvements therein, and all other information likely to prove interesting or useful to persons desirous of settling in the country, or of engaging in any pursuit therein; that a branch of the Department, provided with the means of supplying all such information should be established at some convenient spot on the Mainland, and that an humble address be presented to His Excellency the Governor, embodying these views. Moved in amendment by the Hon. Mr. Crease, That the words from "that a" to "Mainland" be struck out, and that the words "that all Assistant Commissioners throughout the Colony should be provided with the means of supplying such information" be substituted. The amendment having been put and carried. On the amended Resolution being put, the Council divided. Ayes 12, Noes 2. So it was carried in the affirmative and Ordered accordingly. Pursuant to the Order of the day, the Hon. Mr. Humphreys moved, the Hon. Mr. Robson seconding, That His Excellency the Governor be respectfully asked for Returns of moneys paid to elected or selected Members of the Legislative Councils of British Columbia since their formation, and to whom paid. On the question being put the Council divided. Ayes 6, Noes 11. So the Resolution was lost. Pursuant to Order, the Council went into Committee on the Health Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill complete, with amendments. Ordered to be read third time on Monday next. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 o'clock to-morrow. Wednesday, the 3rd day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Bushby, O'Reilly, Pemberton, Ball, Sanders, Drake, Helmcken, Wood, Davie, Walkem, Robson, Holbrook, Havelock, Humphreys. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Helmcken gave notice of motion. The Hon. Mr. Humphreys gave notice of motion. On the Order of the day being read for the third reading of the Crown Costs Bill, The Order dropped. Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. Carrall seconding, \ . That the Governor will be pleased to obtain and place before this Council, during the next ensuing Session, Statistics of the amount of the various Agricultural, Horticultural, and Dairy productions produced in Vancouver Island and on the banks of the Lower Fraser, during the year 1869, and similar information with regard to the Interior of the Mainland; also the quantity of Live Stock (domestic), the number of acres taken up, the number of farms and population existing in each respectively. | On the question being put it was carried in the affirmative and Resolved accordingly. Pursuant to Order, the Hon. Mr. Helmcken moved, the Hon. Mr. Humphreys That in the opinion of this Council it would be beneficial to the Colony were a site appropriated for the deposition and continual exhibition of its natural and other productions. > H|B On the question being put it passed in the affirmative, and was Resolved accordingly. 32 4th FEBRUARY. 1869 Aocording to Order, the School Bill was read second time. 1 Ordered to be committed on Friday next. According to Order, the Fire Bill was read second time. Ordered to be committed on Monday next. According to Order, the Affidavits Bill was read a second time. Ordered to be committed at once. The Council went into Committee on the said Bill accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the Bill complete with amendments. Ordered to be read third time to-morrow. Pursuant to the Order of the day, the Hon. Mr. Davie moved, that a day be named for the Council to consider Confederation with the Dominion of Canada. A debate arose, which having terminated, and the question having been put, as to whether a day should be named to consider the question of Confederation, the Council divided. Ayes 10, Noes 5. So it passed in the affirmative, and it was Ordered that this subject be considered on Wednesday the 17th instant. Then, on the motion of the Hon. Mr. Robson, the Council adjourned till 1 o'clock to-morrow. Thursday, the 4th day of February, 1869. m\ 1 1 The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, O'Reilly, Ball, Walkem, Wood, Alston, Pemberton, Robson, Helmcken, Carrall, Davie, Humphreys, Havelock, Ring, Sanders. The Minutes of the previous Meeting were read and confirmed. On the Order of the day being read therefor, Ordered that the discussion of Indian Affairs be postponed till the 10th instant. Pursuant to the Order of the day, the Affidavits Bill was read third time, and it was Resolved, that this Bill do pass, and its title be the " Oaths Ordinance, 1869." The Hon. Mr. Trutch, Chairman of a Select Committee, appointed to draw up a Report on the Petition of Robert Homfray, brought up the same, which was read as follows:— Your Committee has duly taken the Petition of Robert Homfray into consideration, and have examined such witnesses as have been deemed necessary, and finds:— 1. That the claim as preferred by the Petitioner has been fully substantiated, to the extent of its being a debt against the Crown, in the event of funds being available from the Revenue of Leech River Ditch. 2. The Petitioner, however, asserts that the debt was assumed absolutely by the Government of Vancouver Island, contingent only on the Ditch being completed, and there being funds in the Colonial Treasury to meet the demand. 3. The testimony on this latter head is conflicting and unsatisfactory. 4. In view, however, of the fact that the Government has taken over the Ditch, and so far has availed itself of the services for which Mr. Homfray now claims to be paid, and considering that no revenues have been derived or are likely, for some time to come, to be derived from such Ditch your Committee is of opinion that the payment of the Petitioner's claim should be no longer deferred. Ordered that the Report be adopted. Pursuant to the Order of the day, the Council went again into Committee on the Mining Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby Chairman of the Committee, reported further progress made, and asked leave to sit again. Ordered that leave be granted for Monday next. 32° VICTORLE. 5th FEBRUARY. 33 Pursuant to the Order of the day, the Hon. Mr. Robson moved, the Hon. Mr. Wood seconding, and it was Resolved nem. con.:— That this Council is of opinion that the present practice of confining Lunatics in the common.prisons of the Colony, is both inhuman and inconvenient, and that an humble address be presented to His Excellency the Governor, earnestly recommending that a suitable building may be provided in which such unfortunate persons may receive proper treatment. On the Order of the day being read for the Committal of the Cattle Bill, Ordered to be postponed till to-morrow. The Standing Orders having been suspended, The Hon. Mr. Ring gave notice of motion. The Hon. Mr. Drake'gave notice of motion. The Hon. Mr. Helmcken gave notice of motion. The Hon. Mr. Robson gave notice of motion. Then, on the motion of the Hon. Mr. Robson, the Council adjourned till 1 o'clock to-morrow. Friday, the 5th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, O'Reilly, Ball, Walkem, Wood, Pemberton, Robson, Helmcken, Carrall, Davie, Drake, Havelock, Ring, Sanders. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Davie presented a Petition from the inhabitants of Chemainus. Ordered to be read. Read accordingly. The Hon. Mr. Alston gave notice of motion. The Hon. the Attorney General gave notice of 2 motions. On the Order of the day being read for the third reading of the Crown Costs Bill, Ordered to be recommitted, The Council went again into Committee on the said Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill now complete. Ordered to be read third time at once. Read third time accordingly, and Resolved that this Bill do pass and its title be the "Crown Costs Ordinance, 1869." Pursuant to the Order of the day, the adjourned debate on the Hon. Mr. Drake's" Resolution regarding the Courts of the Colony was resumed, after which it was Ordered that the debate be again adjourned till Monday. Pursuant to the Order of the day, the Game Bill was read second time. Ordered to be committed on Monday next. Pursuant to the Order of the day, the Loan Bill was read second time. Ordered to be committed on Thursday next. On the Order of the day being read for the committal of the School Bill. Ordered to be postponed till Tuesday next. Pursuant to the Order of the day, the Council went into Committee on the Cattle Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for Monday next. 34 8th FEBRUARY. 1869 On the Order of the day being read for a motion standing m the name of the Hon. Mr. Drake, relative to Female Immigration. Ordered that leave be granted to withdraw the same. Motion withdrawn accordingly. According to Order, the Hon. Mr. Helmcken moved, the Hon. Mr. Drake seconding, . . 1 -p, , , -o- That the Report of the Select Committee on the Petition of Robert Jlom- fray be transmitted to the Governor, with a request that the claim should be paid, without its forming any precedent. ". On the question being put it was carried in the affirmative and Kesolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Robson moved the following Resolution:— That a Select Committee be appointed to prepare and lay_ before this Council, during the present Session, a Scheme for promoting Immigration to this Colony, and for disseminating correct information respecting the same. On the question being put it was carried in the affirmative and Resolved accordingly. The Hon. the Presiding Member named the following Select Committee :— The Hon. Messrs. Robson, Drake, Ball, Bushby, Alston. Then, on the motion of the Hon. Mr. Robson, the Council adjourned till 1 p. m. on Monday. Monday, the 8th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, O'Reilly, Hamley, Wood, Davie, Walkem, Carrall, Helmcken, Ring, Sanders, Humphreys, Bushby, Robson. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Ring gave notice of motion. < The Hon. Mr. Walkem, Chairman of the Select Committee, brought up a Report in reference to the Drawbacks Bill, and other matters affecting the Customs. Ordered that the same do lie on the table, and be considered on Wednesday next. Ordered that the Drawbacks Bill be read second time on the same day. Pursuant to Order, the Hon. Mr. Alston called the attention of the Government to the condition of the Victoria Cemetery, and asked the Hon. the Acting Colonial Secretary whether a site can be appropriated for a new Cemetery, outside the city limits? The Hon. the Acting Colonial Secretary replied. Pursuant to the Order of the day, the Hon. Mr. Crease asked leave to introduce the V ictoria By-Lawr Bill. Ordered that leave be granted, and that the Bill be now read first time Read first time accordingly. Ordered to be read second time on Monday next. Pursuant^ the Order of the day, the Hon. Mr. Crease asked leave to introduce Municipal Amendment Bill. Ordered that leave be granted, and the Bill read first time at once. Kead nrst time accordingly. Second reading ordered for Monday next. I 0n H'umplSey^116 ^ b6ing Iead f°r the foUowillg q*<»tion of the Hon. Mr. a Jet0t£Sse^8ked l6aVe t0 make * the ^ of an address to the 32° VICTORIA. 9th FEBRUARY. 35 That an humble address be presented to His Excellency the Governor asking whether it is the intention of the Government to introduce a measure' in accordance with the intimation in the Opening Speech, to enable the people to elect nine Representatives, without being subject to the concurrence of the Governor, or not ? The Hon. Member asked leave to withdraw the same. Motion withdrawn accordingly. A Message from His Excellency the Governor, which being read is as follows: Message No. 9. Frederick Seymour. The Governor lays before the Legislative Council a Bill entitled " An Ordinance to regulate the Supreme Courts of Justice of British Columbia." Government House, Sth February, 1869. Ordered that the Bill be now read first time. Read first time accordingly. Second reading Ordered for to-morrow. On the Order of the day being read for resuming the adjourned debate on the Hon. -Mr. Drake's motion respecting the Courts, Ordered that the same be postponed till to-morrow. On the Order of the day being read for the committal of the Mining Bill, Ordered that the same be postponed till Monday, 15th inst. Pursuant to Order, the Council went again into Committee on the Health Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill complete. Ordered to be read third time to-morrow. Pursuant to the Order of the day, the Council went again into Committee on the Fire Bill. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported progress made, and asked leave to sit again. Ordered that leave be granted for to-morrow. Pursuant to Order, the Council went into Committee on the Game Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the Bill complete with amendments. Ordered to be read third time to-morrow. Pursuant to the Order of the day, the Council went again into Committee on the Cattle Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported progress and asked leave to sit again. Ordered that leave be granted for Wednesday next. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 o'clock, to-morrow. Tuesday, the 9th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, O'Reilly, Bushby, Ball, Alston, Drake, Helmcken, Davie, Humphreys, Ring, Robson, Wood, Havelock, Pemberton, Sanders, Carrall, Walkem. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Crease gave notice of motion. The Hon. Mr. Humphreys gave notice of motion. J 36 9th FEBRUARY 1869 On the Order of the day being read for a motion on promoting the manufacture of Beet Root Sugar, standing in the name of the Hon. Mr. Havelock, Ordered that the same be postponed. Postponed accordingly. On the Order of the day being read for a question standing in the name of the Hon. Mr. Helmcken. Ordered to be postponed. Pursuant to Order, the Hon. Mr. Ring .asked leave to bring in Harewood Railway Extension Bill. Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time on. Friday next. Pursuant to the Order of the day, the Health Bill was read third time, and it was Resolved that this Bill do pass, and that its title be the "Health Ordinance, 1869." On the Order of the day being read for the third reading of the Game Bill, The Hon. Mr. Davie moved that it be read this day six months. On the amendment being put the Council divided. Ayes 2, Noes 14. So the amendment was lost. On the question of the third reading being put the Council divided. Ayes 14. Noes- 2. So it was carried in the affirmative and the Bill was read third time, and it was Resolved that this Bill do pass and that its title be the " Game Ordinance, 1869." On the Order of the day being read for the second reading of the Supreme Courts Bill, The Hon. Mr, Ring moved that the next Order of the day be first dealt with. On the question being put the Council divided. Ayes 10, Noes 8. The names having been taken down as follows:— Noes. The Hon. Messrs. Crease, Trutch, O'Reilly, Alston, Sanders, Ball, Bushby, Hamley. Ayes. The Hon. Messrs. Ring, Wood, Davie, Humphreys,. Havelock, Carrall, Helmcken, Robson, Walkem, Drake. So it was carried in the affirmative and Ordered accordingly. Pursuant to the last Order, the adjourned debate on the Hon. Mr. Drake's motion was resumed. • The following amendment of the Hon. Mr. Davie was withdrawn after a division on the question of leave being granted therefor. Ayes 10, Noes 8. That this Council is of opinion, that the existing condition of the Supreme Courts of this Colony is highly anomalous, mischievous, and inconvenient, and calls for immediate remedy at the hands of the Executive. The original question was then put and carried, after a division:— Ayes 10, Noes 8. Resolved, That this Council is of opinion that the existing condition of the Supreme Courts of this Colony is highly anomalous, mischievous, and inconvenient, and, pending an organic Ordinance for the establishment of one Supreme Court, an Ordinance should be passed forthwith to establish:—(1) A . concurrent jurisdiction in each of the Supreme Courts throughout the entire Colony; (2) An appeal as of right from the decision of either of the existing Supreme Courts to the Judges of both Courts, wi.th the addition of a thirci Judge of Appeal. On the Order of the day being read for the second reading of the Supreme Courts Bill, * The Hon. Mr. Drake moved that the Bill be read this day six months. Whereupon a debate arose, which having terminated, ^ 32° VICTORIA. 10th FEBRUARY. 37 The Hon. Member asked leave to withdraw his motion, on which the Council divided. Ayes 10, Noes 8. So it was carried in the affirmative, and Ordered that leave be granted to withdraw the motion. The Hon. Mr. Robson then moved the following Resolution, the Hon. Mr. Walkem seconding: That the Bill be referred to a Select Committee for the purpose of having it reconstructed, upon the. basis set forth in the Resolution for the alteration of . the Courts, and that the same Committee be instructed to draw up an Address to Her Majesty, shewing the condition of the Supreme Courts of this Colony, and praying for the establishment of one Supreme Court and a Court of Appeal. • On the question being put, the Council divided. Ayes 10, Noes 9. X So it was carried in the affirmative and Resolved accordingly. Pursuant to the Order of the day, the Council went into Committee on the School Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported some progress made with the Bill, and asked leave to sit again. Ordered that leave be granted for to-morrow. On the Order of the day being read for the second reading of the Anatomy Bill, The Hon. Mr. Robson moved that the Bill be read this day six months. On the question being put the Council divided. Ayes 2, Noes 8. So it passed in the negative and the motion was lost. The Bill was then read second time. Ordered to be committed on Monday next. Then, on the motion of the Hon. Mr. Ball, the Council adjourned till 1 o'clock to-morrow. Wednesday, the 10th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Hamley, Bushby, O'Reilly, Ball, Sanders, Drake, Helmcken, Davie, Walkem, Robson, Alston, Ring, Havelock, Humphreys. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Robson, Chairman of the Select Committee appointed to report on Female Immigration, brought up the following Report:— Your Select Committee on the subject of Assisted Female Immigration have the honor to - lay before the House the following Report on that important subject:— 1. Your Committee think that, taking into consideration the state of the Colony, they would not be justified in advising the House to apply to His Excellency the Governor for too large a grant of the public-money to be employed for this purpose, but propose that for the first year, at least, the scheme should be on a limited and economical scale, and that His Excellency should respectfully be asked to appropriate the sum of $3,500 towards carrying out the following scheme:— 2. Your Committee would suggest that assisted Immigration to the Colony should for the present be restricted to Female Servants, from the age of 18 to 30 years, and that the number for the first year be limited to 40. That, as the rate of passage and small incidental expenses is computed to be about $175, the Government should be asked to supply $75 of that sum, the person applying for a servant giving $50 (in consideration of the small rate of wages-at which a servant would be secured), and that the additional $50 should be advanced by the person applying for a servant, this latter sum being refunded in monthly instalments by the servant from her wages; each servant to be bound down to two years' service. 3. That the Governor be requested to appoint a Board of three persons to assist in carrying out the proposed scheme, and that their duties should be as ; 1. The Board to have the disposal of the Government Grant for the furtherance of the proposed scheme. . . , 2. To receive applications from persons desirous of obtaining servants, and deal with the same. . , 3. To make all necessary arrangements in England for procuring servants, according to the applications. . 4. To take all necessary steps to promulgate all useful information with reference to the Colony, in Great Britain, San Francisco, and elsewhere. 5. To make periodical reports to His Excellency the Governor, of their proceedings. All of which is respectfully submitted. JNO. ROBSON, Chairman of Committee. Ordered that the same be adopted and considered on Tuesday next. Pursuant to an Order of yesterday's date, the Hon. the Presiding Member named the following Hon. Members to form a Select Committee to consider a Report on the Supreme Courts Bill:— The Hon. Messrs. Robson, Drake, Havelock, Ring, Carrall. Pursuant to the Order of the day, the Hon. the Attorney General introduced the Reconveyance Bill. Ordered to be read first time at once. Read first time accordingly. Second reading Ordered for Tuesday next. Pursuant to the Order of the day, the Hon. Mr. Humphreys moved, the Hon Mr. Robson seconding, the following Resolution:— That an humble address be presented to His Excellency the Governor, praying that the duty on horned cattle imported into British Columbia be increased to $5 per head, duty on sheep to $1 per head. Moved in amendment by the Hon. Mr. Davie, That the words after "praying that" be omitted, and "yearlings be admitted duty free" inserted in their place. On the amendment being put the Council divided. Ayes 5, Noes 10. So the amendment was lost. On the original question being put, the Council again divided. Ayes 9, Noes 7. So it was carried in the affirmative and Resolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Alston moved, the Hon. Mr. Ring seconding, the following Resolution:— That an humble address be presented to His Excellency the Governor, respectfully requesting him to issue a Commission to enquire into and report upon the best system of administering Indian affairs, and managing their reserves. Whereupon a debate arose, which having terminated, and on the question being put the Council divided. Ayes 12, Noes 2. So it was carried in the affirmative and Resolved accordingly. On the Order of the day being read for the consideration of the Report of the Select Committee on Drawbacks and other matters, the following Reports were read and adopted. Your Select Committee beg to report that they have carefully considered the provisions of the "Drawbacks Ordinance." The measure advocates three principles: 1st—The extension of the privileges of our Export Laws to all Vessels of ten tons and upwards; 2nd—The adoption of a system of Drawbacks in the nature of a Return of Customs Duties to Exporters of Goods who have paid the usual Import Dues thereon; and lastly— The abandonment of the present system of Certificates. Your Committee are of opinion, and the weight of evidence tends to shew that a sreat improvement in trade would follow the removal of the restrictions at present imposed upon it. By the 117th Section of the Customs Act of 1853, vessels under 50 tons burden are precluded from engaging in our Export Trade, though its proportions have, since the Union of the Colonies, been seriously contracted 32° VICTORIA. 10th FEBRUARY. 39 To meet the wants of the Mercantile community, your Committee would strongly recommend the extension of the provisions of the above Statute to Vessels of ten tons burden and upwards. Before passing to the consideration of the second part of the proposed Ordinance, your Committee beg to call the attention of this Council to what may be termed the Certificate system. At present the Customs authorities require our Export Merchants to produce a Certificate, signed by a Foreign Collector of Customs, that the goods sold and shipped hence have been landed at the port of their destination. This requirement should be dispensed with, as _ the evidence taken on the subject shows that it tends to hamper trade to a serious extent. With reference to the second principle of the Ordinance, your Committee believe that the proposed system of Drawbacks will, if adopted, materially revive and increase our Foreign Export business, by enabling our Merchants to sell to the Foreign consumer at prices which will give them manifest advantages over other competitors. The provisions of the Ordinance should, in the opinion of your Committee, be extended to all classes of merchandize, except wines, spirits, and liquors. Your Committee are further of opinion that the system or scheme of requiring sureties, as proposed in the Ordinance, is impracticable, and contrary to sound business principles. In other matters of detail the Ordinance requires amendments and alterations, which your Committee are prepared to submit for the consideration of this Council. (Signed) GEO. A. WALKEM, Chairman. Your Select Committee appointed by Resolution of this Council to enquire into the several matters therein contained, including the question of supplying Ships' Stores, &c, duty free, beg to report:— That the evidence given upon the latter subject, is to the following effect:— That previous to the extension of the Customs Laws of the Mainland to Vancouver Island, a very extensive business in supplying ships with stores, &c, was carried on; but since that period it has declined to such an extent as to be now comparatively insignificant. Many of the vessels which formerly bought their supplies and stores here, do so no longer, though still frequenting our Ports. That vessels bound on a voyage, estimated to occupy a period oi forty days, are allowed to purchase their stores, &c, out of Bond, duty free; but if the voyage be of a shorter duration, this privilege is denied them, though their destination be a Foreign Port. That there are many large vessels sailing from this Colony to Foreign parts, upon voyages occupying less than forty days, and such vessels would, without doubt, purchase their stores here, if the restrictions mentioned were removed. That no vessel of less than fifty tons burden should be entitled to purchase stores, &c, duty free. Your Committee are, therefore, of opinion, that trade would be largely increased in the Colony, and no injury would eventually accrue to the Revenue of Customs, if Foreign bound vessels of fifty tons and upwards were permitted to purchase their Supplies, &c, duty free, however short the duration of their voyage might be. (Signed) GEO. A. WALKEM, Chairman. Your Select Committee, conformably to the Resolution of this Council, beg to report as follows:— They would recommend that the present Pilotage system be abandoned, d that Pilots should in future be Salaried Officers of the Government. That the Pilotage Fees should be merely nominal, and be collected by the Government. That the Pilots should be under the control of the Customs Department. That each Pilot be made an Officer of Customs. That the Captain of the steamer Sir James Douglas be made an Officer of Customs also. (Signed) GEO. A. WALKEM, Chairman. Ordered that the Report on the Drawbacks Bill be sent down to the Committee when such Bill is committed. Aocording to Order, the Drawbacks Bill was read second time. Ordered to be committed on Monday next. an 40 15th FEBRUARY. 1869 According to Order, the Council went ^m into Committee on the School Bil^ On the Presiding Member resuming the Chair the Hon Mi. Ball, ^hair man of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for Monday next. On the Order of the day b'eing read for the committal of the Fire Bill, Ordered to be postponed till Monday. iSLaJ to Order the Hon.-Mr. Helmcken asked the Hon. the Chief Commissionero? Lands and Works, to give the Council any information m the possession of the Government, relative to the proposed construction of a Graving Dock at Esquimalt Harbour? i£&£'m ilB The Hon. the Chief Commissioner of Lands and Works replied. Then, on the motion of the Hon. Mr. Alston, the Council adjourned till I o'clock, o'n Monday the 15th inst. Monday, the 15th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, Hamley, Bushby, Ring, Wood, Carrall, Helmcken, Drake, Walkem, Humphreys, Holbrook, Sanders, Robson, Pemberton, Davie. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Robson gave notice of motion. The Hon. Mr. Holbrook gave notice of motion. On the Order of the day being read for the second reading of the By-Law Bill, Ordered to be postponed. On the Order of the day being read for the second reading of the Municipal Bill. Ordered to be postponed till this day week. On the Order of the day being read for the third reading of the Mining Bill. Ordered to be deferred till to-morrow. Pursuant to the Order of the day, the Council went again into Committee on the Anatomy Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported the Bill complete with amendments. Ordered to be read third, time to-morrow. On the Order of the day being read for the second reading of the By-law Bill. Adebate arose, which having terminated, and the question of the second reading being put, the Council divided. Ayes 8, Noes 4. So it was carried in the affirmative, and the Bill was read the second time. Ordered to be committed on Friday next. Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. Ball seconding, That His Excellency the Governor be humbly requested to order that a voyage to any foreign port shall be considered of not less than 40 days' duration, and that Vessels of 50 tons burden and upwards, bound foreign, shall be allowed to have their stores duty free. The Hon. the Collector of Customs moved in amendment, the Hon. Mr. Walkem seconding, That Vessels of 50 tons and upwards, clearing for a forei<m port shall be allowed to have their stores duty free, in quantities proportioned to' their respective voyages. On the amendment being put, the Council divided. Ayes 5, Noes 10. So the amendment was lost. On the original motion being put, the Council again divided. Ayes 10, JSoes 7. So it was carried in the affirmative, and Resolved accordingly. 32° VICTORIA. 16th FEBRUARY. 41 Pursuant to the Order of the day, the Council went into Committee on the Draw backs Bill. ' ^i»w On the Presiding Member resuming the Chair, the Hon. Mr. Sanders Chair man of the Committee, reported progress, and asked leave to sit again ' Ordered that leave be granted for to-morrow. Then on the motion of the Hon. Mr. Carrall, the Council adjourned till 1 o'clock to-morrow. ' Tuesday, the 16th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Hamley, Trutch, O'Reilly, Bushby, Alston, Ball, Drake, Helmcken, Davie, Humphreys, Ring, Robson, Wood, Carrall, Havelock, Sanders, Walkem, Holbrook. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Walkem gave notice of 3 motions. Pursuant to the Order of the day, the Probate Bill was read second time. Ordered to be committed on Friday next. On the Order of the day being read for the consideration of the Report of the Select Committee on Female Immigration. The Hon. Mr. Robson moved the following Resolution, the Hon. Mr. Ball seconding:— Resolved, That an humble address be presented to His Excellency the Governor, recommending the adoption of the Immigration Scheme set forth in the Report of the Select Committee on that subject, and recommending the necessary appropriation of money for carrying out the same. On the question being put it was carried nemine contradicente, and Resolved accordingly. On the Order of the day being read therefor, the Reconveyance Bill was read the second time. Ordered to be committed at once. The Council wont into Committee on the said Bill accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported the Bill complete, with amendments. Ordered to be read third time to-morrow. On the motion of the Hon. Mr. Ring, Ordered that the second reading of the Harewood Railway Bill be taken next. Bill read second time accordingly. Ordered to be committed at once. The Council went into Committee accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported the Bill complete, with trifling amendments. Ordered to be read third time to-morrow. On the Order of the day being read for the committal of the Mining Bill, Ordered to be postponed till Monday, next. Pursuant to the Order of the day, the Anatomy Bill was read third time, and it was Resolved that this Bill do pass, and its title be the "Anatomy Ordinance, 1869." Pursuant to the Order of the day, the Council went again into Committee on the School Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for Tuesday next. Then, on the motion of the Hon. Mr. Havelock, the Council adjourned till 1 o'clock, to-morrow. 42 17th FEBRUARY. 1689 m\ Wednesday, the 17th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. PrMH1t -The Hon. Messrs. Young, Crease, Trutch, Ball, Alston O'Reilly, Hamley, Wood Davie? Walkem, Carfall, Helmcken, Ring, Sanders, Humphreys, Bushby, Holbrook, Drake, Pemberton, Robson. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Walkem gave notice of motion. The Hon. Mr. Ring gave notice of motion. The Hon. Mr. Helmcken gave notice of 3 motions. Pursuant to the Order of the day, the Hon. Mr. Walkem asked leave to bring in the Civil Cases Bill. BBiS2 Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time on Monday next. Pursuant to the Order of the day, the Hon. Mr. Walkem asked leave to bring in iw Partnership Bill. Ordered that leave be granted, and the Bill now read first time. Read first time accordingly. Second reading ordered for Monday next. Pursuant to the Order of the day, Hon. Mr. Walkem asked leave to bring in Companies Bill. Ordered that leave be granted, and the Bill now read first time. Read first time accordingly. Ordered to be read second time on Monday next. Pursuant to the Order of the day, the Harewood Railway Extension Bill was read third time, and it was Resolved that this Bill do pass, and that its title be the "Harewood Colliery Company's Railway Extension Ordinance, 1869." Pursuant to the Order of the day, the Reconveyance Bill was read the third time, and it was Resolved that this Bill do pass, and its title be " The Vancouver Island Reconveyance Ordinance, 1869." Pursuant to the Order of the day, the Council took into consideration the subject jw»/*of Confederation. i_ \ | - \V The Hon. Mr. Davie moved the following Resolution, the Hon. Mr. Wood iri < seconding:— That this Council impressed with the conviction that under existing circumstances, the Confederation of this Colony with the Dominion of Canada would be undesirable, even if practicable, urges Her Majesty's Government not to take any decisive steps towards the consummation of such Union. Whereupon a debate arose, during which, ^ The Hon. Mr. Carrall moved in amendment, the Hon. Mr. Humphreys ry^ Jf seconding:— That this Council is of opinion, that in order to render Confederation of any practical benefit to British Columbia, the great territory lying east of the Rocky Mountains must first be transferred to the Dominion of Canada and opened up to Immigration and settlement; that, inasmuch as the transfer of thatterritory is still an open question, it would be premature for this Council to give any definite expression of opinion on the subject. Which having been debated for some time, the Hon. Member asked leave to withdraw it. Ordered that leave be granted. Motion withdrawn accordingly. The Hon. Mr. Alst6n then moved the following amendment, the HonTMr Humphreys seconding:— That however desirable Confederation with Canada may hereafter become this Council believes that until the great territory intervening between this Colony and the Dominion is transferred to the Crown, and contains a larger and more settled population, it would be premature to express any definite opinion on the subject. On this amendment being put, the Council divided. Ayes 5, Noes 11. 32° VICTORIA. 18th FEBRUARY. 43 The names, by request, having been taken down by the Clerk, as follows-— Ayes. -*S*~~& Noes. Ihe Hon. Messrs. Havelock, - „ The Hon. Messrs. Davie, Humphreys,-J ., Trutch. Carrall, |p ., Helmcken, ' Robson, >*-• Drake, Walkem. vf* Sanders, O'Reilly, Holbrook, Wood, Ring, Ball, Pemberton. So the amendment was lost. • The Hon. Mr. Trutch then moved that the original motion be amended by the insertion of the word "present" between "the" and "consummation." TheTIon. Mr. Crease seconding. On the question of this amendment being put, the Council divided. Ayes 11, Noes 5. The names having been taken down as follows:— Ayes. JSoes. The Hon. Messrs. Davie, The Hon. Messrs. Havelock, Trutch, Humphreys, Helmcken, Carrall, Drake, Robson, Sanders, Walkem, O'Reilly, Holbrook, Wood, Ring, Ball, Pemberton . So the amendment was carried. On the original question as amended being put, the Council divided. Ayes 11, Noes 5. The names having been taken down as follows:— Ayes. Noes. The Hon. Messrs. Davie, The. Hon. Messrs. Havelock, Trutch,-"" . Humphreys, Helmcken, Carrall, Drake, Robson, "Sanders, Walkem. O'Reilly, Holbrook, Wood, Ring, Ball, Pemberton. So it passed in the affirmative, and it was Resolved, That this Council, impressed with the conviction that under existing cir- cumstances-the Confederation of this Colony with the Dominion of Canada would be undesirable, even if practicable, urge Her Majesty's Government not to take any decisive steps toward the present consummation of such Union. Then, on the motion of the Hon. Mr. Walkem, the Council adjourned till 1 p. m. to-morrow. Thursday, the 18th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Trutch, Bushby, Sanders, Carrall, Robson, Ball, Alston, Holbrook, Helmcken, Humphreys, Wood, Drake, Havelock, Hamley, Pemberton, O'Reilly. 44 18th FEBRUARY 1869 a; >>' VJ. ^ On the Minutes of the previous Meeting being read, the following Protest was placed on the Books, after which, they were confirmed:— 'PROTEST. We, the undersigned Members of the Legislative Council, desire to place on record our protest against the action of the Council at its last sitting upon the subject of Confederation with Canada. . . 1. It has been conceded by all that tbe admission of British Columbia into the Dominion of Canada is not likely to take place until the territory intervening has first been admitted and more thickly settled. _ Under these circumstances it was premature and injudicious for the Council to discuss and pronounce an opinion on the subject. f 2. The Council as at present constituted is not a Representative body, and hence does not fairly reflect public opinion on this subject. 3. The Colonists resident on the Mainland,.the larger and more productive portion of the United Colony, together with a large minority in Vancouver Island, are nearly unanimous in favour of Confederation upon fair apd equitable terms, when the proper time shall have come for its consummation. This will appear evident from the simple fact that all the Elective Members from the Mainland were returned as Confederationists, and that every one of those Members now join in this protest. (Signed) R. W. W. Carrall, Cariboo District, Henry Havelock, Yale District, T. B. Humphreys, Lillooet District, E. G. Alston, J.P., (as to the first clause), Jno. Robson, New Westminster District. Geo. A. Walkem, J. P. Pursuant to the Order of the day, the Hon. Mr. Robson moved, the Hon. Mr. Carrall seconding, That an humble address be presented to His Excellency the Governor recommending that a drawback of 75 cents may be allowed on every barrel of Flour manufactured within the Colony from imported Wheat, upon which Duty of Customs has been paid. On the question being put, the Council divided. Ayes 9, Noes 6. So it was carried in the affirmative and Resolved accordingly. Pursuant'to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. Humphreys seconding, That an humble address be presented to His Excellency the Governor, praying that a drawback may be granted upon Biscuit made in the Colony from imported Flour, equal to the duty on such Flour, provided that the Biscuit be exported. Resolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Holbrook moved the Hon. Mr. Humphreys seconding, That an humble address be presented to His Excellency the Governor recommending him to grant the sum of $1,000 as a reward to any party who will discover a suitable pass, proper to make a trail, from Columbia River, in Jhe neighbourhood of Eagle Pass, to Wild Horse Creek, so as to avoid the river navigation of 150 miles to the mouth of the Kootenay River; the said pass to SacS^r0.Ugh ^e Selkirk Range of mountains at not a higher elevation than 45U0 feet; and His ExceUency the Governor in Council to be the iudjm as to when the reward is earned. J & On the question being put the Council divided. Ayes 2, Noes 8. So the Resolution was lost. PU^?l^° th^-0rd^ °/*e.day the Hon. Mr. Walkem moved, the Hon. Mr. Ball seconding, the following Resolution:— ™„, «!• an, ^^^ address be presented to His Excellency the Governor olZoZ8£rm£ fV Premir °f $\50°' °r SUch 8Um as *<> mayTeem fit MiRn^ecftnl- ' ? 1th18i&rt fthe Colony, of the first Gold Quartz thesaiXi? shallW C^ ^l^T flS lT* Per da?' Provided> als°> that n«il^ « if ■ been worked °ona fide for three months after its erection On the question being put, the Council divided. erection. Ayes 2, Noes 10. So it passed in the negative and the Resolution was lost. 32° VICTORIA. 19th FEBRUARY. Ac On the Order of the day being read for the committal of the Loan Bill. Ordered to be postponed. Pursuant to the Order of the day, the Hon. Mr. Havelock moved, the Hon Mr Humphreys seconding, That an humble address be presented to His Excellency the Governor recommending that for the purpose of encouraging the manufacture of Sugar from Beet Root in the Colony, the following bounty be offered: For the first 100 bags of Sugar, containing 100 lbs. each, $1,000; for the same quantity produced the next succeeding year $150; for the same quantity produced the next succeeding year $100; provided that the said Sugar be manufactured in the Colony, and from beet grown therein. On the question being put, the Council divided. Ayes 10, Noes 4. So it was carried in the affirmative and Resolved accordingly. Pursuant to a deferred Order, the Council went into Committee on the Loan Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported progress; and asked leave to sit again. ' Ordered that leave be granted for to-morrow. ! Then, on the motion of the Hon. Mr. Pemberton, the Council adjourned till 1 o'clock to-morrow. Friday, the 19th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Hamley, Trutch, Bushby, Sanders, Alston, Walkem, Holbrook, Robson, Humphreys, Ring, Pemberton, Drake, Havelock, Helmcken, Carrall, O'Reilly. The Minutes of the previous Meeting were then read. On the question of their being confirmed being put, The Hon. Mr. Crease moved that a Protest on the subject of the vote on Confederation appearing therein be erased. Whereupon a debate arose, which having terminated the Council divided. Ayes 8, Noes 10. So the motion was lost, and the Minutes were confirmed as read. PROTEST. The undersigned, Members of the Legislative Council of British Columbia, - protest against the statements contained in the Protest placed yesterday upon the Journals against the vote of this Council on the subject of Confederation with Canada:— 1. Because the preamble thereto is wrong in principle, as reflecting upon the Council and as tending to restrict the undoubted right of the Council to discuss all matters relating to the Colony, and to come to a conclusion thereon. 2. Because, although it states that "It has been conceded by all that the admission of British Columbia into the Dominion of Canada is not likely to take place until the territory intervening has been admitted and more thickly settled," still that concession being only known by the result of the discussion, shews that the discussion itself was neither premature nor injurious, j 3. Because it was necessary to pronounce an opinion upon the subject, for the following reasons:— (a.) The present Session is the first held after a General Election, at which ■ General Election the subject of Confederation was for the first time brought before the Constituencies, it was necessary for the Elected Members to express 1 the opinion of their Constituents upon the subject. (b.) The Council had, in answer to His Excellency the Governor's address at the opening of the Council, stated that "the important topics of Reciprocity and Confederation with Canada will be discussed, and trust that some satisfactory solution of these important questions will be arrived at." (c.) The result of the discussion, differing from that arrived at in former Councils, proves the necessity, seeing that the last Resolution rescinds those of former Sessions. 46 22nd FEBRUARY. 1869 (d.)The protestants themselves brought forward a Resolution pronouncing an opinion upon the subject, that Resolution however not being in accordance with their protest. . Ie.) "Common report" tended to show that efforts were being made to induce Her Majesty's Government to join this Colony to the Dominion of Canada. 4. Because the second section of the said Protest is mere assertion. 5. Because the statement that "the Colonists resident upon the Mainland, ' together with a large minority in Vancouver Island, are nearly unanimous in favour of Confederation," is a mere assertion, but that_ all the Members returned by Vancouver Island were anti-Confederationists is a fact. 6. Because there is reason to believe that the statement "that all the Elective Members from the Mainland were returned as Confederationists" is incorrect; and "that every one of those Members join in this protest" is not a fact, because one Elected Member from the Mainland has not yet taken his seat in the Council. (Signed) J. S. Helmcken, Victoria, M. W. T. Drake, Victoria, Thomas L. Wood, J. P., Henry Holbrook, J. P., J. C. Davie, Victoria District. The Hon. the Attorney General gave notice of 3 motions. The Hon. Mr. Robson gave notice of motion. On the Order of the day being read for the committal of the By-Law Bill, Ordered to be postponed till Monday next. Pursuant to the Order of the day, the Council went into Committee on the Probate Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Pemberton, Chairman of the Committee, stated that the Committee had risen without a report, so the Probate Bill lapsed. Pursuant to the Order of the day, the Council went into Committee on the Fire Bill. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported progress made, and asked leave to sit again. Ordered that leave be granted for Monday. Then, on the motion of the Hon. Mr. Robson, the Council adjourned till 1 p.m. on Monday next. Monday, the 22nd day of February, 1869. 'The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon Messrs. Young, Crease, Trutch, Ball, Alston, Hamley, Bushby Ring, Wood, Carrall, Helmcken, Drake, Walkem, Humphreys, Holbrook Sanders, Robson, Pemberton, O'Reilly, Havelock, Davie. The Minutes of the previous Meeting were read. On the question of their confirmation being put, the Hon. Mr Rob moved, the Hon. Mr. Carrall seconding:— That the counter Protest now read in the Minutes of Friday's proceedin be expunged. J r Whereupon a debate arose, which having terminated, the Council divided Ayes 8, Noes 12. ut5U The names having been taken down as follows: Ayes. The Hon. Messrs. Carrall, Havelock, Humphreys, ! Alston, Walkem, son gs, Noes. The Hon. Messrs. Crease, Hamley, Bushby, ~»Helmcken, **Drake, Wood, Davie, Sanders, O'Reilly, Pemberton, Sting, So the amendment was lost, and the Minutes were confirmed.0 Trutch, Robson, Ball. 32° VICTORLE. 22nd FEBRUARY. 47 The Hon. Mr. Holbrook gave notice of motion. Pursuant to the Order of the day, the Hon. Mr. Helmcken asked leave to brine in the St. Andrew's Church Incorporation Bill. 5 Ordered that leave be granted, and that the Bill be now read first time. Read first time accordingly. Ordered to be read second time to-morrow. Pursuant to the Order of the day, the Hon. Mr. Ring moved, the Hon. Mr. Holbrook seconding, the following Resolution:— That the Governor be respectfully asked to direct that a sum of $3,000 be entered on the Supplementary Estimates, to be applied to the repair of the Bridges and Roads in the District of Nanaimo. After which, the Hon. Member asked leave to withdraw the same. Ordered that leave be granted. Motion withdrawn accordingly. Pursuant to the Order of the day, the Hon. Mr. Crease moved, the Hon. Mr. Trutch seconding: That an humble a'd dress be presented to His Excellency the Governor, requesting him to take the matter of Protests into consideration, and to send down to the Council a Standing Order regulating the insertion of Protests on the Minutes of the proceedings of the Council. On the question being put it was carried in the affirmative and Resolved .- accordingly. Pursuant to the Order of the day, the Hon. Mr. Robson moved, the Hon. Mr. Davie seconding, the following Resolution:— That an humble address be presented to His Excellency the Governor, recommending that certain arrears due School Teachers be paid out of the sum voted in the Estimates for School purposes. On the question being put the Council divided. Ayes 7, Noes 8. So it passed in the negative and the Resolution was lost. Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. - Robson seconding, That there shall be three evening sittings of this Council per week during the remainder of this Session, viz.: on Mondays, Wednesdays, and Fridays. On such days, Mr. President shall leave the Chair at 5 o'clock p.m., without question put, and take the chair again at 7 o'clock p.m., at which time the business shall be taken up at the point where it may have been left off. On the question being put the Council divided. Ayes 11, Noes 8. So it was carried in the affirmative and Resolved accordingly. Pursuant to the Order of the day, the Municipal Amendment Bill was read second time. Ordered to be committed on Wednesday next. On the Order of the day being read for the committal of the Mining Bill, Ordered to be postponed till to-morrow. On the Order of the day being read for the second reading of the Civil Cases Bill, Ordered to be postponed till Wednesday next. On the Order of the day being read for the second reading of the Partnership Bill, Ordered to be postponed till Wednesday next. On the Order of the day being read for the second reading of the Companies Bill. Ordered to be postponed till Wednesday next. Pursuant to the Order of the day, the Road Bill was read first time. Ordered to be read second time to-morrow. Pursuant to the Order of the day, the Hon. the Attorney General introduced the Volunteer Bill. Ordered to be read first time at once. Read first time accordingly. Second reading Ordered for Thursday next. 4g 23rd FEBRUARY. 1869 The Hon. Mr. Crease moved that the Council do now adjourn till 11 to-morrow. On the question being put the Council divided. Ayes 6, Noes 11. So the motion was lost. Pursuant to Order, the Council went into Committee on the By-Law J^ On the Presiding Member resuming the Chair the Hon M Ball, Chair man of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for Thursday. Pursuant to the Order of the day, the Hon. the Attorney General introduced the Pre-emption Bill. Ordered that the Bill be now read first time. Read first time accordingly. Second reading Ordered for Friday next. Pursuant to the Order of the day, the Hon. the'Attorney General introduced the Stipendiary Magistrates Bill. Ordered to be read first time. QH& Read first time accordingly. Ordered to be read second time on Wednesday. Then, on the motion of the Hon. Mr. Crease, the Council adjourned till 1 o'clock to-morrow. Tuesday, the 23rd day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease; Trutch, Hamley, Bushby, O'Reilly, " Wood, Sanders, Drake, Helmcken, Carrall, Walkem, Robson, Alston, Ring, Havelock, Humphreys, Holbrook. - The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Robson, Chairman of a Select Committee, appointed to consider the Supreme Court Bill, brought up a Report.* Ordered that the same be read. Read accordingly The Hon. Mr. Crease moved that this Report be considered the day after to-morrow. The Hon. Mr. Walkem moved, in amendment, that it be considered tomorrow. On the amendment being put the Council divided. Ayes 12. Noes 8. So it was carried in the affirmative and Ordered accordingly. The Hon. Mr. Ring gave notice of motion. The Hon. Mr. Helmcken gave notice of motion. The Hon. Mr. Walkem gave notice of 2 motions. Pursuant to the Order of the day, the Hon. Mr. Holbrook moved, the Hon. Mr. Alston seconding, the following Resolution:— That a Select Committee be appointed to draw up and submit for the approval of His Excellency, proper Standing Orders respecting the introduction ot Private Bills, and regulating the fees to be charged thereon. On the question being put it was carried in the affirmative and Resolved accordingly. Pursuant to the Order of the day, the Council went again into Committee on the School Bill. 0n xft? ^residi?g Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported the Bill complete. Ordered to be read third time to-morrow. * See Sessional Papers, No. 7. 32° VICTORIA. 24th FEBRUARY. 49 0n ^Wh'Bm^6 ^ b6ing read f°r the 8eCOnd readinS of the St- Andrew's A debate arose, during which, A Message from His Excellency the Governor, which being read is as follows-— Message No. 10. Frederick Seymour. +vT|\G^ve^rr lays before ^e Legislative Council the Returns respecting the bchools of Vancouver Island,* called for in their Resolution of the 12th of January. Government House, 23rd February, 1869. On the question of the second reading of the above Bill being put, the Council divided. Ayes 10, Noes 4. So it was carried in the affirmative, and the Bill was read the second time Ordered to be committed on Thursday next. Pursuant to the Order of the day, the Road Bill was read a second time. Ordered to be committed on Friday next. Pursuant to the Order of the day, the Council went into Committee on the Drawbacks Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the Bill complete. Ordered to be read third time on Thursday next. Then, on the motion of the Hon. Mr. Robson, the Council adjourned till 11 o'clock, to-morrow. Wednesday, the 24th day of February, 1869. The Council met at 11 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The JEEon. Messrs. Young, Crease, Hamley, Trutch, Bushby, O'Reilly, Ball, Walkem, Wood, Pemberton, Robson, Helmcken, Carrall, Davie, Drake, Havelock, Ring, Sanders, Alston, Holbrook, Humphreys. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Helmcken gave notice of motion.. The Hon. Mr. Holbrook gave notice of motion. The Hon. Mr. Robson gave notice of motion. The Hon. Mr. Helmcken gave notice of motion. Pursuant to the Order of the day, the School Bill was read third time, and it was Resolved that this Bill do pass, and its title be "The Common School Ordinance, 1869." On the Order of the day being read for a motion relative to Customs Certificates, standing in the name of the Hon. Mr. Helmcken, Ordered that leave be granted to withdraw the same. Withdrawn accordingly. Pursuant to the Order of the day, the Hon. Mr. Ring moved, the Hon. Mr. Drake seconding, the following Resolution:— That the Governor be respectfully requested to issue a Commission to revise and consolidate the Laws of the Colony. On the question being put, the Council divided. Ayes 10, Noes 4. So it was carried in the affirmative, and Resolved accordingly. Pursuant to the Order of the day, the Hon, Mr. Helmcken moved, the Hon. Mr. Ring seconding, the following Resolution:— That a respectful address be presented to His Excellency the Governor, asking for copies of the correspondence relating to the demand of the Chief 24th FEBRUARY. ^M Justice of Vancouver Island to retain certain portions of the Fees of the Inferior Courts of Civil Justice, and of the Bankruptcy Court On the question being put it was carried in the affirmative and Kesolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Walkem asked leave to bring in Law of Evidence Bill. On the question being put, the Council divided. Ayes 14, Noes 4. J So it was carried in the affirmative and Ordered that leave be granted. Pursuant to the Order of the day, the Hon. Mr. Walkem asked leave to bring in the Replevin Bill. On the question being put, the Council divided. Ayes 14, Noes 4. So it was carried in the affirmative and Ordered that leave be granted. Pursuant to the Order of the day, the Council took into consideration the Report of the Select Committee on the Supreme Courts Bill. The Hon. Mr. Robson moved that the Report be adopted. The Hon. the Attorney General moved in amendment, That an Ordinance to regulate the Supreme Courts of Justice of British Columbia be now read a second time, and that the Report of the Select Committee on the Supreme Courts Bill be considered in Committee of the whole House. The Hon. Mr. Robson then withdrew his motion, leave having been granted. On the motion of the Hon. the Attorney General being put, It was carried in the affirmative and the Bill was read second time. Ordered to be committed forthwith, and that the Report of the Select Committee be sent down to the Committee. The Council went into Committee accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the Bill complete, with amendments, and asked leave to sit again on the Report. Ordered that the Bill be read third time to-morrow, and that leave be granted to the Committee to sit again presently. A Message from His Excellency the Governor, which being read is as follows:— Message No. 11. Frederick Seymour- The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to establish Banks for Savings within the Colony of British Columbia." Government House, 23rd February, 1869. A further Message from His Excellency, read as follows:— Message No. 12. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance for promoting the Public Health in the Colony of British Columbia." Government House, 23rd February, 1869. A further Message from His Excellency, read as follows:— Message No. 13. Frederick Seymour. JiL^T-T!^ the Legislative Council that he has assented, on ™of^f^^J0/^ entlte£''An Chance to appropriate'the sum of $419,335-50, out of the General Revenue of the Colony, for the contingent service of the year 1869." J' uraun- Government House, 23rd February, 1869. A further Message from His Excellency, read as follows:— Message No. 14. -™ nu. n • , -bREDERicK Seymour. ±he brovernor acquaints the Legislative Cm-m^il fhQ+ -h~ i,™ ~ j Sof^ ^ t0 a B? enStl6d ^nTrdian toeSSffS^eS Charlotte Mining Company, Limited, to change their Registered Office*from the City of New Westminster to the City of Victoria," Government House, . 24th February, 1869. r 32° VICTORIA. ' 24th FEBRUARY 51 A further Message from His Excellency, read as follows:— Message No. 15. -n<„^„ « rni. Frederick Seymour. v r-« ?^-er™r ac^uaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance respecting the appointment of Commissioners to take Affidavits and Bail." Government House, 24th February, 1869. A further Message from His Excellency, read as follows:— Message No. 16. Frederick Seymour. The Governor lays before the Legislative Council a Comparative Statement of Revenue and Expenditure of the Colony of British Columbia for the year 1867, as certified by the Auditor General. The amount provided for by Acts for the service of the year was $706,853-30 The actual Expenditure 505 868-42 Leaving saved or unexpended $200 984-88 It will be seen, however, on reference to the details of expenditure, that there is included in the actual expenditure a sum of $85,476-29 made up of disbursements either in excess of distinct votes or occasioned by the unforeseen requirements of the public service. These disbursements are consequently not covered by the Appropriation Act for the year. It will also be seen by the enclosed Statement that the sum of $12,073-76 is included in the disbursements of the year, on account of arrears of expenditure for Vancouver Island; and $36,915 93 on account of arrears of the Mainland for previous years. The Governor forwards a Bill to authorize this expenditure. Government House, 21th February, 1869. Ordered that the above Message be printed, and the Bill now read first time. Read first time accordingly. Ordered to be read second time on Monday next. Pursuant to Order, the Council went into Committee on the Report of the Select Committee on the Supreme Courts Bill. Pn the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the following Resolution for the adoption of the Council:— That the Report of the Supreme Courts Bill be referred back to the Select Committee. Ordered that the Report be referred back accordingly. Pursuant to the Order of the day, the Council went again into Committee on the Mining Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported that he had been directed to ask the Presiding Member if it were competent for the Committee to move the Resolution handed in. The Hon. the Presiding Member deferred judgment. According to Order, the Council went into Committee on the Municipal Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Walkem, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for to-morrow. The Council then adjourned during pleasure. On the Council resuming its sitting, and pursuant to the Order of the day, the Civil Cases Bill was read second time. Ordered to be committed at once. The Council went into Committee accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill complete, with amendments. Ordered that the report be adopted, and the Bill read third time to-morrow. According to Order, the Partnership Bill was read second time. Ordered to be committed forthwith. The Council went into Committee accordingly. jg ,, .. . ■*&■■-. On the Presiding Member resuming the Chan-, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill complete with amendments. .Ordered that the Report be adopted, and the Bill read third time to-morrow. 52 25th FEBRUARY. 1869 On the Order of the day being read for the second reading of the Companies Bill, Ordered to be postponed till Friday. Pursuant to the Order of the day, the Stipendiary Magistrates Bill was read second time. Ordered to be committed forthwith. The Council went into Committee on the said Bill accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill complete, with amendments. Ordered that the Report be adopted and the Bill read third time to-moirow. Pursuant to the Order of the day, the Council went into Committee on the Cattle On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the Bill complete, with amendments. Ordered that the Report be adopted and the Bill read third time on Monday. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 o'clock, to-morrow. Thursday, the 25th day of February, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Trutch, Bushby, Sanders, Carrall, Robson, Ball, Alston, Holbrook, Helmcken, Humphreys, Wood, Drake, Hamley, Crease, Pemberton, O'Reilly, Walkem, Ring, Davie. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Robson, Chairman of the Select Committee on the Supreme Court Bill, brought up a supplement to their Report, in the shape of an address to the Queen on the subject of the condition of the Courts of the Colony. Ordered to be read. Read accordingly. Ordered that the Report be received and considered on Tuesday next. Pursuant to the Order of the day, the Hon. Mr. Holbrook moved the following Resolution, the Hon. Mr. Robson seconding:— That the Government be recommended to make provision for the establishment of a labour exchange, with an Office at New Westminster, and another at Victoria. On the question being put, the Council divided. ■Ayes 9, Noes 7. Som passed in the affirmative and was Resolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Robson asked leave to brinff in Victoria City Water Bill. Ordered that leave be granted, and that the Bill be now read first time. Read first time accprdingly. Ordered to be read second time on Wednesday next. Pursuant to the Order of the day, the Hon. Mr. Helmcken moved the following Resolution:— That a sum of money (say $500) be granted to any one who discovers the best line of road to Cowichan. After which, the Hon. Member asked leave to withdraw the same. Withdrawn accordingly. On the Order of the day being read therefor, the Stipendiary Magistrates Bill was [™ third time, and it was Resolved that this Bill do pass and that its title be "The Stipendiary Ordinance, 1869." Pursuant to the Order of the day, the Partnership Bill was read the third time, and it was Resolved that this Bill do pass, and its title be "The Partnership Ordinance, 1869." * 32° VICTORIA. 25th FEBRUARY 53 Pursuant to the Order of the day, the Civil Cases Bill was read third time and it Ci?anc°e 1869 "* " Bm d° PaSS' ^ ** ^ be the " Civil ^ocedure On the Order of the day being read for the third reading of the Supreme Court Bill ihe Hon. Mr. Drake moved that it be read third time this day six months ' On the question being put the Council divided. Ayes 8, Noes 11. The names, by request, having been taken down by the Clerk, as follows-— mx, TT ^es- Noes. Ihe Hon. Messrs. Ring, The Hon. Messrs. Crease, Wood, • Hamley, Davie, Bushby, Humphreys, Alston, Carrall, Trutch. Helmcken, Sanders, -Drake, O'Reilly, Robson,- Holbrook, Walkem. Ball, ' Pemberton. Ihevote was found to stand, Ayes 9, Noes 10, the Hon. Mr. Davie having voted in the negative, but on the names being taken down, claimed to have voted in the affirmative. The claim was overruled by the Presiding Member, who declared the vote to stand as originally declared, Ayes 8, Noes 11. So the amendment was lost. On the question of the third reading of the Bill being put, the Council divided. Ayes 10. Noes 8. The names having been taken down as follows:— Ayes. \ Aoes. The Hon. Messrs. Crease, The Hon. Messrs. Ring, Hamley, Wood,^ Bushby, Davie, Alston, Humphreys, Trutch, Carrall, Holbrook, Helmcken, Sanders, Drake, Ball, Robson. O'Reilly, Pemberton. So it was carried in the affirmative, and the Bill was then read third time accordingly, and Resolved that this Bill do pass and its title be the " Supreme Courts Ordinance, 1869." On the Order of the day being read for the third reading of the Drawbacks Bill, The Hon. Mr. Drake moved that the Standing Orders be suspended to enable the said Bill to be recommitted. The Standing Orders having been suspended, nemine contradicente, the Bill was recommitted. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the Bill now complete. Ordered that the Report be adopted and the Bill now read third time. Read third time accordingly, and it was Resolved that this Bill do pass, and its title be the "Drawbacks Ordinance, 1869," The Hon. Mr. Holbrook dissentiente. A Message from His Excellency the Governor, which being read is as follows :— Message No. 17. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance respecting the Reconveyance of Vancouver Island to the CroWn." Government House, 25th February, 1869. On the Order of the day being read for the second reading of the Volunteer Bill, Ordered to be postponed till to-morrow. On the Order of the day being read for the committal of the By-Law Bill,; j The question being put, the Bill lapsed, the motion to leave the Chair having been negatived. 54 26th FEBRUARY. 1869 Pursuant to the Order of the day, the Council went into Committee on the St. Andrew's Church Bill. . ,, rv»-pQ;iw On the Presiding Member resuming the Chair, the Hon. Mr. U K-euiy, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for to-morrow. Pursuant to Order, the Council went into Committee on the Municipal Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Walkem, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted to sit again presently. The Council adjourned during pleasure. On resuming its sitting, the Council went again into Committee on the Municipal On the Presiding Member resuming the Chair, the Hon. Mr. Walkem, Chairman of the Committee, reported progress made, and asked leave to sit again. Ordered that leave be granted for Monday. The Hon. Mr. Helmcken asked that the Standing Orders be suspended, to enable him to give notice of motion. Motion negatived. The Hon. Mr. Robson moved that the Standing Orders be suspended, to enable him to give notice of motion. Standing Orders suspended, and the Hon. Member gave notice of motion. The Hon. the Presiding Member, pursuant to a Resolution of yesterday's date, appointed the following Hon. Members as a Select Committee on Private Bills: The Hon. Messrs. Holbrook, Alston, Wood, Helmcken, Havelock. The Hon. the Presiding Member gave his decision on a question of Order from the Chairman of the Mining Bill Committee, referred yesterday. That the amendment offered was out of order, the clause to which it referred having been already reported complete, and the Report having been adopted. Then, on the ^motion of the Hon. Mr. Crease, the Council adjourned till 11 o'clock to-morrow. Friday, the 26th day of February, 1869. The Council met at 11 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Hamley, Trutch, Bushby, Sanders, Ball, Alston, Davie, Wood Robson, Humphreys, Ring, Pemberton, Carrall, Havelock, Helmcken, O'Reilly. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Helmcken gave notice of motion. Pursuant to the Order of the day, the Hon. Mr. Robson moved, the Hon. Mr. Havelock seconding: That an humble address be presented to His Excellency the Governor recommending that the article of Boiler Tubes, having evidently been inadvertently omitted from the free list, may be included therein, and that the proper Officer be instructed to that effect. On the question being put, the Council divided. Ayes 7, Noes 8. So it passed in the negative and the Resolution was lost. Pursuant to the Order of the day, the Pre-emption Bill was read second time Ordered to be committed at once. The Council went into Committee accordingly. On the Presiding Member resuming the Chair,* the Hon. Mr. Bushby, Chairman of the Committee, reported the Bill complete with amendments Ordered to be read third time to-morrow. 32° VICTORIA. 1st MARCH. 'kf oo Pursuant to Order, the Council went into Committee on the Road Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the Bill complete with amendments. Ordered that the Report be adopted and the Bill read third time on Monday. The Council adjourned during pleasure. On the Council resuming its sitting, According to Order, the Companies Bill was read second time. Ordered to be committed forthwith. The Council went into Committee accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee,.reported progress, and asked leave to sit again. Ordered that leave be granted for Monday next. Pursuant to the Order of the day, the Council went into Committee on the Volunteer Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the Bill complete. Ordered that the Report be adopted and the Bill read third time on Tuesday. Pursuant to the Order of the day, the Council went into Committee on the St. Andrew's ChurCh Bill. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the Bill complete with amendments. Ordered that the Report be adopted, and the Bill read third time on Wednesday next.. Pursuant to the Order of the day, the Council went again into Committee on the Mining Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported the Bill complete. Ordered that the Report be adopted, and the Bill read third time on Monday. The Standing Orders having been suspended, on the motion of the Hon. Mr. Trutch, the Hon. Member gave notice of motion. The Standing Orders having been suspended, on the the motion of the Hon. the Attorney General, the Hon. Member gave notice of motion. The Council adjourned during pleasure. On the Council resuming its sitting, Pursuant to the Order of the day, the Council went into Committee on the Loan Bill, On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported progress and asked leave to sit again. Ordered that leave be granted for Tuesday next. Then, on the motion of the Hon. Mr. Ball the Council adjourned till 1 p. m- on Monday next. Monday, the 1st day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, Hamley, Bushby, Rin'ff Wood, Helmcken, Drake, Walkem, Humphreys, Pemberton, Davie. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Davie gave notice of motion. The Hon. Mr. llelmcken gave notice of motion. Pursuant to the Order of the day, the Cattle Bill was read third time, and it was Resolved that this Bill do pass, and that its title be the "Cattle Ordinance, 1869." 56 2nd MARCH. 1869 Pursuant to the Order of the day, the Pre-emption Bill was read the third time, and it was Resolved that this Bill do pass, and its title be "The Pre-emption Payment Ordinance, 1869." On the Order of the day being read for the third reading of the Road Bill, Ordered to be deferred till later in the day. Pursuant to the Order of th was Resolved that this nance, 1869." e day, the Mining Bill was read the third time, and it 3 Bill do pass, and its title be the "Mineral Ordi- Pursuant to the Order of the day, the Hon. Mr. Trutch introduced the Water Bill. Ordered to be read first time at once. Read first time accordingly. Second reading Ordered for Thursday next. Pursuant to the Order of the day, the Hon. Mr. Crease asked leave to bring in Religious Institutions Bill. Ordered that leave be granted, and the Bill now read first time. Read first time accordingly. Ordered to be read second time to-morrow. Pursuant to the Order of the day, the Supplemental Supply Bill was read second time. Ordered to be committed to-morrow. Pursuant to the Order of the day, the Council went again into Committee on the Fire Aid Bill. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the Bill complete. Ordered that the Report be adopted, and the Bill read third time to-morrow. Pursuant to the Order of the day, the Council went again into Committee on the Municipal Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Walkem Chairman of the Committee, reported that no further progress was made, and asked leave to sit again. Ordered that leave be granted for Wednesday next. On the Order of the day being read for the consideration of Mr. Nicholson's Petition, Ordered to be postponed till Wednesday next. Pursuant to the Order of the day, the Council went into Committee on the Companies Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported the Bill complete, with amendments.' Ordered that the Report be adopted, and the Bill read third time on Wednesday next. Then, on the motion of the Hon. Mr. Crease, the Council adjourned till 1 o'clock to-morrow. Tuesday, the 2nd day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. PreS&Tlln ^°n- %T*\ T°U^' Crease' Trut<*, Hamley, Bushby, O'Reilly 2SL^£^^ ™kem> ^M Hun?p!re^ The Minutes of the previous Meeting were read and confirmed. The Hon. the Attorney General gave notice of motion. J.he Hon. Mr. Helmcken gave notice of 2 motions. 32° VICTORIA. 2nd MARCH. 57 A Message from His Excellency the Governor, which being read is as follows:— Message No. 18. Tr-p-™^™^ a™ o JD rederick deymour. In compliance with the Resolution of the Legislative Council, the Governor forwards a Return shewing the amount of Revenue derived from Kootenay during the year 1868.* Government House, 1st March, 1869. A further Message from His Excellency, read as follows:— Message No. 19. Frederick Seymoue. The Governor acquaints the Legislative Council that he has assented on behalf of Her Majesty, to-a Bill entitled "An Ordinance further to extend the time granted to the Harewood Colliery Company, Limited, by . The Harewood Railway Company's Act, 1864,' for making and"completing a Tramway from the Company's Mines to Departure Bay, Nanaimo." Government House, 1st March, 1869. A further Message from His Excellency, read as follows:— Message No. 20. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to regulate the Supreme Courts of Justice of British Columbia." Government House, 1st March, 1869. A further Message from His Excellency, read as follows:— Message No. 21. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to provide for the Fencing of Land in British Columbia." Government House, 1st March, 1869. A further Message from His Excellency, read as follows:— Message No. 22. Frederick Seymour. In compliance with a Resolution of the Legislative Council, dated 20th January, 1869, the Governor forwards a Return shewing the Revenue and Expenditure on account of the steamer Sir James Douglas, for the year 1868;f a Return shewing the Income and Expenditure on account of the Assay Office, for 1868, and the total amount of Gold assayed at that office during the same year.J The probable amount of Gold taken out of the Mines cannot be stated. The Governor also forwards Returns shewing the cost per diem of keeping a prisoner at New Westminster Gaol, and at the Victoria Gaol; § and likewise the amount expended during 1868, upon the Main Trunk Road, of the Mainland portion of the Colony, and of the average annual expense of keeping it in repair. || Government House, 1st March, 1869. Pursuant to the Order of the day, the Road Bill was read the third time, and it was Resolved that this Bill do pass, and its title be the "Road Ordinance, 1869." Pursuant to the Order of the day, the Fire Bill was read the third time, and it was Resolved that this Bill do pass, and its title be the "Fire Companies' Aid Ordinance, 1869." Pursuant to the Order of the day, the Religious Institutions Bill was read second time. Ordered to be committed to-morrow. Pursuant to the Order of the day, the Council went into Committee on the Supplemental Supply Bill. | . . On the Presiding Member resuming the Chair, the Hon. Mr. O Reilly, Chairman of the Committee, reported the Bill complete, with amendments. Ordered that the Report be adopted and the Bill read third time to-morrow. * Qpp sP=,innal PaDers No. 9. f See Sessional Papers, No. 10. % See Sessional Papers, No. 11. See Sessional r»pe™£« J^ J,^^ No. 12. fSee Sessional Papers, No. 13. 58 3rd MARCH. 1869 Pursuant to the Order of the day, the Volunteer Bill was read third time and it was Resolved that this Bill do pass, and its title be the "Volunteer Ordinance, 1869." Pursuant to the Order of the day, the Council went again into Committee on the Loan Bill, , . , „ ■»«• -o -u-u riv.o;-t. On the Presiding Member resuming the Chair, the Hon. Mr. Bushby, Chairman of the Committee, reported the Bill complete with amendments. Ordered that the Report be adopted, and the Bill read third time on Friday next. Pursuant to Order, the Council went into Committee on the Address to the Queen on the state of the Courts of the Colony, which had been prepared by the Select Committee on the Supreme Courts Bill. . On the Presiding Member resuming the Chair, the Hon. Mr. ±5all, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for to-morrow. Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. Humphreys seconding, in That this Council thinks it advisable that Moselle Wine and Sauterne should be considered as being included in the term Claret, and that this Resolution be transmitted to His Excellency the Governor. On the question being put it was carried in the affirmative and Resolved accordingly. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 o'clock to-morrow. Wednesday, the 3rd day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Crease, Trutch, O'Reilly, Bushby, Alston, Ball, Drake, Helmcken, Davie, Humphreys, Ring, Wood, Carrall, Walkem, Havelock, Pemberton. The Minutes of the previous Meeting were read and confirmed. The Hon. Mr. Helmckem gave notice of 2 motions. Pursuant to the Order of the day, the Supplemental Supply Bill was read the third time, and it was Resolved that this Bill do pass, and its title be "An Ordinance granting a Supplemental Supply of One hundred and thirty-four thousand four hundred and sixty-five dollars and ninety-eight cents, out of the General Revenue of the Colony of British Columbia and its Dependencies, for the contingent service of the years 1866-7, respectively. Pursuant tothe Order of the day, the St. Andrew's Church Incorporation Bill was read third time, and it was Resolved that this Bill do pass, and its title be the "St. Andrew's (Presbyterian) Church Ordinance, 1869." Pursuant to the Order of the day, the Companies Bill was read third time, and it was Resolved that this Bill do pass, and that its title be the "Companies Ordinance, 1869." ^ Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. Humphreys seconding, That the interests of the Colony demand, and it would be wise on the part of the Government to ordain, that the Customs Duties upon articles in which a trade can be carried on with Foreign Ports should be very materially reduced, at the earliest possible period. On the question being put the Council divided. . Ayes 9, Noes 2. So it was carried in the affirmative and Resolved accordingly. 32- VICTORIA. 4th MARCH. 59 Pursuant to the Order of the day, the Hon. the Attorney General asked leave to bring in the County Courts Declaratory Bill. Ordered that leave be granted, and that the Bill be now read first time .Head first time accordingly. Ordered to be read second time on Friday next. On the Order of the day being read for a motion standing in the name of the Hon. Mr. Helmcken, respecting Court Fees, The Hon. Member asked leave to withdraw the same. Ordered that leave be granted. Motion withdrawn accordingly. On the Order of the day being read for a motion standing in the name of the Hon. Mr. Helmcken, respecting Beacon Hill Park, Ordered that the same be postponed till later in the day. On the Order of the day being read for the second reading of the Water Bill, The Bill lapsed. On the Order of the day being read therefor, the Council went into Committee on the Municipal Amendment Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Walkem, Chairman of the Committee, reported progress, and asked leave to sit again. Ordered that leave be granted for to-morrow. &• Pursuant to a deferred Order, the Hon. Mr. Helmcken moved, the Hon. Mr. Humphreys seconding, That in the opinion of this Council it would be advantageous to transfer, by a proper Deed of trust, Beacon Hill Park to the Municipal Corporation of the City of Victoria, for the use of the Public. Whereupon a debate arose, which having terminated, the Hon. Member asked leave to withdraw the same. On the question of leave to withdraw being put, the Council divided. Ayes 4, Noes 8. So it passed in the negative. On the original question being'put, the Council again divided. Ayes 3, Noes 9. So it passed in the negative and the Resolution was lost. Then, on the motion of the Hon. Mr. Humphreys, the Council adjourned till 1 o'clock to-morrow. ^hursday, the 4th day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present The Hon. Messrs. Young, Crease, Trutch, Ball, Alston, Hamley, Wood, Davie, Walkem, Carrall, Helmcken, Ring, Humphreys, Bushby, Drake, Pemberton. The Minutes of the previous Meeting were read and confirmed. Pursuant to the Order of the day, the Hon. Mr. Davie moved, the Hon. Mr. Drake seconding: That the Indian Liquor Law, being both inoperative and mischievous, should be forthwith repealed. \ \ 1,^1 .,,..,, Whereupon a debate arose, which having terminated the Council divided. Ayes 3, Noes 6. So it passed in the negative and the Resolution was lost. Pursuant to the Order of the day, the Council took into consideration the Petition of Messrs. Jones and Hayward, window-sash manufacturers. The Hon. Mr. Helmcken moved, the Hon. Mr. Davie seconding:— That the' Petition of Messrs. Jones and Hayward be forwarded to the Governor, with the request that the prayer be^ complied with. On the question being put the Council divided. Ayes 4, Noes 6. . W&$S0i i <. So it passed in the negative and the Resolution was lost. 60 9th MARCH. 1869 Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. Carrall seconding, , -p.,. That the Report of the Select Committee, appointed on the Drawbacks .Bill, be transmitted to the Governor, with the humble request that the suggestions made in that Report may be carried out. On the question being put it was carried in the affirmative and Resolved accordingly. On the Order of the day being read for the second reading of the Water Supply Bill, Ordered to be postponed till Monday next. Pursuant to the Order of the day, the Council took into consideration the Petition of J. C. Nicholson. The Hon. Mr. Helmcken moved, the Hon. Mr. Ring seconding, That a Select Committee be now appointed to enquire into the Petition of J. C. Nicholson. On the question being put it was carried in the affirmative, and Resolved accordingly. The Hon. the Presiding Member named the following Select Committee*— Hon. Messrs. Helmcken, Carrall, Walkem, Ball, O'Reilly. Pursuant to the Order of the day, the Council went into Committee on the Religious Institutions Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported the Bill complete, with amendments. Ordered to be read third time on Tuesday next. Pursuant to the Order of the day, the Council went again into Committee on the Address to the Queen on the subject of the position of the Courts of the Colony. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported that no further progress was made, and asked leave to. sit again. Ordered that leave be granted for Tuesday next. Then, on the motion of the Hon. Mr. Trutch the Council adjourned till 1 p. m. on Tuesday next. Tuesday, the 9th day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—tfhe Hon. Messrs. Young, Crease, Trutch, Hamley, O'Reilly, Walkem, Wood, Drake, Helmcken, Carrall, Alston, Ring, Humphreys, Pemberton, Sanders, Ball, Davie, Robson. The Minutes of the previous Meeting were read and confirmed. A Message from His Excellency the Governor, which being read is as follows:— Message JVo. 23. Frederick Seymour. The Governor has received certain Resolutions passed in the Committee of Supply of the Legislative Council of the 20th January, 1869. The Governor agrees with the Council in the opinion that the present system adopted in keeping the public accounts of this Colony is of too complex a character, and one that leads to unnecessary expenditure. He will, therefore place himself in communication on the subject with the Secretary of State.' He would, however, observe that the practice of doubly auditing the accounts of the Colony has been introduced and maintained solely for the protection of the public during the present undeveloped Legislative Constitution of the Colony. 2 The item of $900 for the Revenue Officer, Burrard Inlet, shall be increased to $1200. The person, appointed to the office shall be directed to act as Constable. 3. The Assistant Gold Commissioner at Cariboo has already been directed n°A %£educe the salaries of the Chief Constable and Clerk of the District 4. The whole arrangements connected with the Lillooet-Clinton District are now under consideration. Government House, Sth March, 1869. \L 32° VICTORIA. 9th MARCH. 61 A further Message from His Excellency, read as follows:— Message No. 24. Frederick Seymour. The Governor lays before the Legislative Council a Despatch received from His Grace the late Secretary of State, in reply to one in which the Governor brought forward, very earnestly, the claim to compensation of such Public Officers as had, through no fault of their own, suffered grievous losses by the removal of the Seat of Government from New Westminster to Victoria.* 2. ^ With equal earnestness, he presses the matter upon the favourable consideration of the Legislative Council; but the Session being so near its close, he should be glad to be authorized to deal with the question during the recess, assisted by an enlarged Executive Council. Government House, 8th March, 1869. j A further Message from His Excellency, read as follows:— Message No. 25. Frederick Seymour. 5 The Governor has received the Resolution passed by the Legislative Council requesting him to take the matter of Protests into consideration, and to send down to the Council a Standing Order to regulate the insertion of Protests on the Minutes of the Proceedings of the Council. The only case in which it appears to him that a protest will be required from dissentient Members of Council .is where the full force of the Government is used to carry a measure against the unanimous wishes and votes of the Un-official Members. In such a case it would be the duty of the Un-official Members to enter on the Minutes of the Council a protest setting forth the grounds of their objection, and require the Governor that he should transmit it for the consideration of the Secretary of State. It is thus that in communities in which, from the absence of large constituencies, the Crown still retains the greater Legislative power, the responsibility of the Government can still be made effective. The Secretary of State is responsible to Parliament, and Parliament is not slow to listen to any complaint of alleged misgovernment in the Colonies. The Governor proposes to reconsider the Standing Orders before he again meets the Council. Government House, Sih March, 1869. A further Message from His Excellency, read as follows:— Message No..26. Frederick Seymour. The Governor, fully concurring in the Resolution passed by the Legislative Council on the.16th February, recommending the adoption of a scheme for the promotion of Female Emigration to this Colony, will place himself in communication on the subject, at once, with the Secretary of State. Government House, Sth March, 1869. A further Message from His Excellency, read as follows:— Message No 27. *$M: Frederick Seymour. The Governor sends down to the Legislative Council certain amendments to the Mineral Ordinance, 1869, calculated to improve its working. Government House, 9th March, 1869. A further Message from His Excellency, read as follows:— ,r 00 Frederick Seymour. The Governor sends down to the Legislative Council the | Cattle Ordinance, 1869," for the insertion of a suspending clause. Government House, 9th March, 1869. The Hon. Mr. Drake presented a Petition of certain of the inhabitants of Victoria, in reference to the supply of Water. Ordered to be read. Read accordingly. Ordered to lie on the table. The Hon Mr. Davie gave notice of motion. The Hon. Mr. Robson gave notice of motion. The Hon. Mr. Helmcken gave notice of motion. j I See Sessional Papers No. 14. . J 62 9th MARCH. 1869 Noes. The Hon. Messrs. Crease, Alston, Trutch. Hamley, Pemberton. The Hon. Mr. Helmcken presented the Report of the Select Committee appointed to consider the Petition of J. C. Nicholson. Ordered that the same be referred to Committee of the whole House. The Council went into Committee accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported that no amendments had been made to the Report, and that the Ccmmittee recommend its adoption. On the question of the adoption being put, The Hon. the Attorney General moved, the Hon. Mr. Hamley seconding, That the Report be printed, and its adoption postponed till it had been placed in the hands of Members. On the amendment being put the Council divided. Ayes 5, Noes 10. So the amendment was lost. On the original question being put, the Council again divided. Ayes 11. Noes 5. The names, by request, having been taken down by the Clerk, as follows:— Ayes. The Hon. Messrs. Ring, Wood, Davie, Humphreys, Carrall, Helmcken, Drake, Robson, Ball, Sanders, O'Reilly. So the Report was adopted.* On the motion of the Hon. the Attorney General, the Council went into Committee to consider the alteration proposed by the Governor to the Cattle Bill. On the Presiding Member resuming the Chair, the lion. Mr. Sanders, Chairman of the Committee, reported the following Resolution for adoption by the Council:— That the Governor be respectfully acquainted that this Council has concurred in the amendment proposed by His Excellency to the Cattle Bill. Ordered that the Report be adopted. On the Order of the day being read for the second reading of the Water Bill, Ordered to be postponed till Thursday. Pursuant to the Order of the day, the Council went again into Committee on the address to the Queen on the subject of the condition of the Courts of the Colony. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported progress and asked leave to sit again. Ordered that leave be granted for Thursday. Pursuant to the Order of the day, the County Courts Bill was read second time. Ordered to be committed at once. The Council went into Committee accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported progress, and asked leave to sit again., Ordered that leave be granted for Thursday. Pursuant to a deferred Order, the Council went into Committee on the Municipal Amendment Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Pemberton Chairman of the Committee, reported the Bill complete, with amendments. Ordered that the Report be adopted and the Bill read third time on Thursday. A Message from His Excellency the Governor, which being read is as follows: Message No. 29. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented on behalf of Her Majesty, to a Bill entitled "An Ordinance for the better protection of Cattle, and the better prevention of Cattle Stealing." Government House, 9th March, 1869. Then on the motion of the Hon. Mr. Drake, the Council adiourned till 1 o'clock on Thursday next. * See Sessional Papers, No. 15. 32° VICTORIA. llTH MARCH. 63 Thursday, the 11th day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present-The Hon Messrs. Young Trutch, Crease, Sanders, Carrall, Robson, £all Alston Helmcken, Humphreys, Wood, Hamley, Pemberton, Davie Havelock, O'Reilly, Walkem, Ring. ' ' The Minutes of the previous Meeting were read and confirmed. A Message from His Excellency the Governor, which being read is as follows:— Message Ao. 30. Frederick Seymour. v ?^ G'overnor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance respecting Pre-emption Claims." Government House, 10th March, 1869. A further Message from His Excellency, read as follows:— Message No. 31. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled]" An Ordinance respecting Stipendiary Magistrates." Government House, 10th March, 1869. A further Message from His Excellency, read as follows:— Message No. 32. Frederick Seymour. The Governor recommends that the following additions be made to the Bill entitled "An Ordinance to entitle Exporters of Goods to certain Drawbacks, and for other purposes":— "Provided that this Ordinance shall not take effect until Her Majesty's approval thereof shall have been published in this Colony." Government House, 10th March, 1869. A further Message from His Excellency, read as follows:— Message No. 33, Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to amend the Law of Partnership." Government House, 10th March, 1869. A further Message from His Excellency, read as follows:— Message No. 34. . Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance granting a Supplemental Supply of $134,465-98 out of the General Revenue of the Colony of British Columbia and its Dependencies, for the contingent service of the years 1866-7 respectively. Government House, 10th March, 1869. A further Message from His Excellency, read as follows:— ,7 Qr. Frederick Seymour. Message No. 35. The Governor recommends to the Legislative Council that the following amendments be made in the Bill entitled the " Gaime Ordinance, 1869 :— That the words "but nothing herein contained shall be construed to prevent bona MeSettlers in Country Districts from killing or getting such Game at ty season for thefr own consumption merely" be added at the end of Clause H. Government House, Uth March, 1869. 64 11th MARCH. 1S69 A further Message from His Excellency, read as follows:— Message No. 36. Frederick Seymour. The Governor recommends to the Legislative Council that the following amendment be made in the Bill entitled "An Ordinance respecting the property of Religious Institutions in the Colony of British Columbia- :— „ That the words "after the consent of the Governor first had and obtained be inserted after word "may" in Clause L, line 10. Government House, 11th March, 1869. . A further Message from His Excellency, read as follows:— Message No. 37. ' Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to establish a Volunteer Force." Government House, 11th March, 1869. A further Message from His Excellency, read as follows:— Message No. 38. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to j provide for the maintenance, improvement, and construction of Roads in British Columbia." Government House, llth March, 1869. A further Message from His Excellency, read as follows:— Message No. 39. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance respecting the practise of Surgery, and for the encouragement of the Study of Anatomy." Government House, llth March, 1869. A further Message from His Excellency, read as follows:— Message No. 40. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to amend the procedure in Civil Cases." Government House, llth March, 1869. The Hon. Mr. Helmcken gave notice of 2 motions. On the motion of the Hon. the Attorney General, the Council went into Committee to consider the amendment proposed'by His Excellency to the Drawbacks Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the following Resolution for the adoption of the Council:— That this Council humbly requests a conference with his Excellency the Governor, upon the subject of the Drawbacks Bill, And asked leave to sit again. Ordered that the Report be adopted, and leave granted. On the motion of the Hon. the Attorney General, the Council went into Committee to consider the amendment proposed by the Governor to the Game Bill On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the following Resolution for the adoo- tion of the Council:— * That the Governor be respectfully acquainted that the Council has agreed to the amendment proposed by His Excellency to the Game Bill. Ordered that the Report be adopted. 32° VICTORDE. 11th MARCH. 65 On the motion of the Hon. the Attorney General, the Council went into Committee to consider the amendment proposed by His Excellency to the Religious Institutions Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the following Resolution for the adoption of the Couucil:— That the Governor be respectfully acquainted that the Council has agreed to the amendment proposed by His Excellency to the Religious Institutions Bill. . Ordered that the Report be adopted. Pursuant to the Order of the day, the Municipal Amendment* Bill was read the third time, and it was Resolved that this Bill do pass, and its title be the " Victoria Municipal Amendment Ordinance, 1869." Pursuant to the Order of the day, the Hon. Mr. Helmcken moved, that the Council consider in Committee, the Governor's Message No. 24, on the subject of compensation to certain officers. The Council went into Committee accordingly. On the Presiding Member resuming the Chair, the Hon. Mr. Wood, Chairman of the Committee, reported the following Resolution for the adoption of the Council. That the Governor's recommendation with regard to compensation to Public Officers be agreed to. On the question being put, it was carried unanimously, and Resolved accordingly. Pursuant to the Order of the day, the Council took into consideration His Excellency's Message No. 26, on the subject of Female Immigration. The Hon. Mr. Robson moved, the Hon. Mr. Alston seconding: ' That an humble address be presented to His Excellency the Governor, respectfully and earnestly recommending the immediate appointment of a Local Board for the purpose of carrying out the Immigration Scheme adopted by this Council during the present Session, and the appropriation of the sum asked for. On the question being put, it passed in the affirmative, and was Resolved accordingly. Pursuant to the Order of the day, the Hon. Mr. Davie moved, the Hon. Mr. Helmcken seconding, That His Excellency the Governor be respectfully requested to order that the future execution of the Law of Capital Punishment in this Colony be assimilated to that of England. Whereupon a debate arose, During which the Hon. the Presiding Member intimated to the Council that the Governor was prepared to grant the conference sought by the Council on the Drawbacks Bill. The Council adjourned during pleasure* On the Council resuming its sitting, the Hon. the Presiding Member acquainted the Council that a conference had taken place with the Governor, on the subject of the Drawbacks Bill. The Council went into Committee to consider the subject. On the Presiding Member resuming the Chair, the Hon. Mr. Sanders, Chairman of the Committee, reported the following Resolution for the adoption of the Council:— That in accordance with the result of the conference had this day with the Governor, the Drawbacks Bill be respectfully referred back to His Excellency. Ordered that the Report be adopted. Discussion resumed on the Hon. Mr. Davie's motion on capital punishment The debate having terminated, and the question being put, the Council divided. Ayes 4, Noes 8. So it passed in the negative and the Resolution was lost. Pursuant to the Order of the day, the Council went again into Committee on the County Courts Bill. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the Bill complete with amendments.- Ordered that the Report be adopted and the Bill read third time to-morrow. 6Q 11th MARCH. 1869 On the motion of the Hon. the Attorney General, the Standing Orders suspended. The Hon. the Attorney General then introduced the Indian Reserve ±HJl. Read first time. Ordered to be read second time to-morrow. The Council then adjourned during pleasure. On resuming its sitting, the Council went into Committee on the amendments pro-' posed by the Governor to the Mineral Lands Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, reported some progress, and asked leave to sit again. Ordered that the Report be adopted, and leave granted for to-morrow. Pursuant to the Order of the day, the Water Supply Bill was read second time. Ordered to be committed to-morrow. Pursuant to the Order of the day, the Council went again into Committee to consider the Address to the Queen, on the subject of the condition of the Courts of the Colony. On the Presiding Member resuming the Chair, the Hon. Mr. Ball, Chairman of the Committee, reported the following Address for the adoption of the Council:— To Her Most Gracious Majesty Victoria, By the Grace of God of the United Kingdom of Great Britain and Ireland, and of the Colonies and Dependencies thereof, in Europe, Asia, Africa, America, and Australasia, Queen, Lefender of the Faith, The humble Petition of the Legislative Council of Your Majesty's Colony of British Columbia, Sheweth :— 1. That previous to "The British Columbia Act, 1866," passed by the Imperial Parliament of Great Britain, whereby" the then separate Colonies of British Columbia and Vancouver Island were united- into the existing Colony of British Columbia, each of such separate .Colonies possessed a Supreme Court presided over by a single Judge, having sole authority within his Colony, with no appeal from his decision except to Your Majesty in Council, a proceeding too costly to be resorted to except in rare cases. 2. On the Union of the two Colonies of British Columbia and Vancouver Island, no provision was made by the Organic Act effecting such Union for the reconstruction of the Courts of Justice of the new Colony, and thus an important advantage anticipated from Union was not obtained. The new Colony still remained subject to two separate jurisdictions as before the Union; each portion of the JJnited Colony being, so far as the Administration of Justice was concerned, distinct and unconnected in every respect as if such Union had not taken place. 3. The Legislative Council of British Columbia during their Session in the year 1868, passed a Supreme Court Ordinance (No. 1 annexed hereto) whereby . a single Supreme Court was intended to be established in the existing Colony of British Columbia, presided over by one Chief Justice with one or more Inferior or Puisne Judges, with a constitution moulded in analogy to the Institutions of Great Britain, and those of Your Majesty's Colonial Possessions. 4. This Ordinance failed to meet with Your Majesty's approval, in consequence, as your Petitioners infer, of the absence of any provision by way of pension for one of the Chief Justices, whose position would have been somewhat disadvantageously modified by the proposed change. We regret that such provision is beyond what the finances of this Colony can at present bear. 5. "The Supreme Courts Ordinance, 1869," (No. 2, annexed hereto) passed by the Legislative Council of British Columbia, during their present Session in deference to the judgment of Your Majesty's advisers in England, continues the order of things existing previously to the Union of Vancouver Island with British Columbia, " until a vacancy be created by the death, resignation or otherwise,' of either of the existing Chief Justices of our two Supreme Courts Although provision is made for mutual assistance being rendered by each of such Chief Justices to the other, yet this privilege is not given as matter of course, and as.a right of the subject; but only as occasion may arise by favor, and with the consent of both of the existing Chief Justices. 6. For these reasons, your Petitioners regret to say that, to the best of their V ^\ *2° VICTORIA. 12th MARCH. 67 judgment, the Ordinance is not calculated to meet the requirements of their fellow Colonists, nor to sustain the high character which British Justice has generally enjoyed m Your Majesty's Dominions. 7. Your Petitioners deem it unnecessary to specify in detail the loss the inconvenience, and the miscarriage of justice which have ensued, and which cannot but ensue in a Colony where there exists the anomaly of two. Supreme Courts, whose jurisdictions are not concurrent, whose process can only run over separate and distinct portions of such Colony, and where no practical appeal can be had as of right from the decisions of single Judges. Your Petitioners, therefore, most earnestly and respectfully represent to Your Majesty, that the interests of your Subjects, in this your Colony, require the establishment of a single Supreme Court, presided over by a Ghief Justice and one or more Puisne Judges, as indispensable to the due and impartial administration of Justice. 8. Your Petitioners would, therefore, humbly pray that Your Majesty may be pleased to take the circumstances of their case into Your most gracious consideration; and they would further, humbly solicit that as a practical solution of their difficulties, Your Majesty would be pleased to provide for one of the existing Chief Justices of Your Colony of British Columbia, as to Your Majesty may seem fit. And Your Petitioners will ever pray. Resolved, That this Report be adopted, and the address forwarded to EGs .Excellency the Governor, with the request that the same may be transmitted to the Queen, through Her Majesty's Principal Secretary of State for the Colonies. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 1 o'clock, to-morrow. Friday, the 12th day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Hamley, Trutch, Ball, Crease, Helmcken, Alston, Davie, Wood, Ring, Carrall, O'Reilly, Walkem. The Minutes of the previous Meeting were read and confirmed. A Message from His Excellency the Governor, which being read is as follows:— Message No. 41. Frederick Seymour. With reference to the subject discussed in the conference the Governor had the honor to have yesterday with the Legislative Council, he has now to state that on deliberation he has determined not to assent to the Drawback Bill without instructions from Home. He will, however, forward it for the consideration of the Secretary of State by the earliest opportunity, with no unfavourable comments. Government House, 12th March, 1869. The Hon. Mr. Helmcken presented a Petition from the inhabitants of Victoria, against the Water Supply Bill.* Ordered to be read. Read accordingly. Ordered to lie on the table. Pursuant to the Order of the day, the County Courts Bill was read the third time, and it was Resolved that this Bill do pass, and its title be "The County Courts Amendment .Ordinance, 1869." Pursuant to the. Order of the day, the Hon. Mr. Helmcken moved, the Hon. Mr. ° Thai His°Exce!iency the Governor be humbly requested to take such means Motion subsequently withdrawn, by leave. ~ | ~ . * See Sessional Papers, No. 16. 68 15th MARCH. 1869 Pursuant to the Order of the day, the Hon. Mr. Helmcken asked the Hon. the Acting Colonial Secretary, under what and whose authority Foreign steamboats are allowed to carry Coal from Nanaimo, and tend it upon the wharves at Victoria? The Hon. the Acting Colonial Secretary replied. Pursuant to the Order of the day, the Indian Reserve Bill was read a second time. The Council went into Committee on the said Bill. On the Presiding Member resuming the Chair, the Hon. Mr. O'Reilly, Chairman of the Committee, reported the Bill complete, with amendments. Ordered that the Report be adopted. The Standing Orders having been suspended, the Bill was read third time, and it was Resolved that this Bill do pass and its title be the "Indian Reserve Ordinance, 1869." Pursuant to the Order of the day, the Council went again into Committee to consider the amendments proposed by His Excellency to the Mineral Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, 'Chairman of the Committee, reported the following Resolution for the adoption of the Council:— That the Governor be acquainted that the Council have agreed to the amendments to the Mineral Bill proposed by His Excellency. The Council beg to recommend that in Section X VI, line 6, the word "ten" before the words "thousand dollars" be changed to "five." Ordered that the Report be adopted. Pursuant to the Order of the day, the Council went into Committee on the Water Bill. On the Presiding Member resuming the Chair, the Hon. Mr. Alston, Chairman of the Committee, stated that it had risen without a report. So the Bill lapsed. Then, on the motion of the Hon. Mr. Trutch, the Council adjourned till 1 p. m. to-morrow. Saturday, the 13th day of March, 1869. The Council met at 1 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,—The Hon. Messrs. Young, Trutch, Crease, Robson, Davie, Helmcken, Ball, Alston, Humphreys, Wood. The Minutes of the previous Meeting were read and confirmed. A Message from His Excellency the Governor, which being read is as follows:— Message JSo. 42. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled the "Game Ordinance, 1869." Government House, 13th March, 1869. Then, on the motion of the Hon. Mr. Helmcken, the Council adjourned till 3 o'clock on Monday next. Monday, the 15th day of March, 1869. The Council met at 3 o'clock, pursuant to adjournment. The Hon. the Acting Colonial Secretary in the Chair as Presiding Member. Present,-The HomMessrs. Young, Crease, Trutch,Ball, Alston, Hamley, O'Reilly Ring, Wood, Helmcken, Humphreys, Robson, Davie, Carrall, Havelock. The Minutes of the previous Meeting were read and confirmed. 32° VICTORIA. 15th MARCH. 69 - A Message from His Excellency the Governor, which being read is as follows:— Message JVo. 43. Frederick Seymour. I T^ Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to enable the Municipal Council of the City of Victoria to establish a permanent fund for the support of the Fire Establishments of the said City." Government House, 13th Mdrch, 1869. A further Message from His Excellency, read as follows:— Message No. 44. Frederick Seymour. The Governor recommends to the 'Legislative Council that the following amendments be made in the Bill entitled "An Ordinance to amend the "County Court Ordinance, 1867":— That Clause- II. be struck out. He is not prepared to say that the provision 'it contains may not be desirable hereafter; That in lieu thereof a new Clause be inserted and become Clause II., that is to say:— " Whereas doubts have arisen as to the effect of the Order of the Supreme Court of Civil Justice of Vancouver Island, made on the 3rd day of April, 1860; for the avoidance of all such doubts, be it enacted that no fees or moneys heretofore received from or on account of any proceedings in the Inferior or Summary Court of Civil Justice of Vancouver Island, shall be deemed to be or to have been due or payable or be paid to any Officer of the said Court, or other person whomsoever, but the same shall be and continue to be accounted for as part of the Revenue of the said Colony, any Rule, Law, or Order of any Court to the contrary notwithstanding." Government House, 13th March, 1869. A further Message from His Excellency, read as follows:— Message No. 45. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to establish Public Schools throughout the Colony of British Columbia." Government House, 13th March, 1869. A further Message from His Excellency, read as follows:— Message No. 46. * Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to facilitate the working of Mineral Lands." Government House, 15th March, 1869. A further Message from His Excellency, read as follows:— Message No. 47. Frederick Seymour. The Governor acquaints the Legislative Council that he has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance respecting the property of Religious Institutions in the Colony of British Columbia." Government House, 15th March, 1869. A further Message from His Excellency, read as follows:— T.7 AQ Frederick Seymour. Message No. 48. The Governor acquaints the Legislative Council that he has assented on behalf of Her Majesty, to a Bill entitled "An Ordinance respecting Indian Reserves." Government House, 15th March, 1869. j?4.-u^ Tr™ +"hp A ttnrnpv GeneraL the Council went into Commit- 0D ^ZT^^^^^l^ V the Governor to the County °0n ^Presiding Member resuming the Chair, the Hon. Mr. O'Keilly, Chair- 15th MARCH. 1869 man of the Committee, reported the following Resolution for adoption by the Council:— )mW* I That the Governor be acquainted that the Council has agreed to the amendments proposed by His Excellency to the County Courts Bill. Ordered that the Report be adopted. The Hon. Mr. Carrall presented 2 Petitions from the inhabitants of Okanagan and Osoyoos Districts. Ordered to be read. Read aloud by the Clerk accordingly. The Standing Orders having been suspended, the Hon. Mr. Carrall moved the following Resolution, the Hon. Mr. Helmcken seconding,:— That the above Petitions be transmitted to His Excellencythe Governor. On the question being put it was carried in the affirmative and Resolved accordingly. A Message from His Excellency the Governor, which being read is as follows i— Message No. 49. Frederick Seymour. The Governor acquaints the Legislative Council that he'has assented, on behalf of Her Majesty, to a Bill entitled "An Ordinance to amend 'The County Court Ordinance, 1867.' " Government House, 15th March, 1869. After which, His Excellency Frederick Seymour, Esquire, Governor of the Colony, having entered the Council Chamber, attended by his Private Secretary, and, being seated in the President's Chair, made the following Speech proroguing the Council:— Honorable Gentlemen of the Legislative Council: It will be no less gratifying to you than it is to me to close, for a time, our Legislative labours. It would be ungrateful on my part did I not acknowledge the care and candour with which you have considered every measure which has come before you. I have, likewise, to thank you for the spirit of initiation you have displayed, more conspicuously now than in any previous Session. The Government and people having vied to select the most eligible men to watch over the Public interests, I have felt it my'duty to treat with the utmost respect all measures proposed by you. It is unnecessary that 1 should mention all the Ordinances to which I have assented. As a rule, the Bills received from you have become Law. I have, however, hesitated, from no want of good feeling, over the Bill to. incorporate the Members of St. Andrew's Church. I do not like the Compa- nies'Bill. I have in another Colony, found the placing the Crown and the Subject on the same footing as regards Costs in Civil Actions work very badly. There is no precedent for the principles enunciated in the Investment and Loan Societies Bill, that I am aware of. Understand, that not one of these proposed measures is finally disallowed. The Drawback Ordinance shall be forwarded with a favourable recommendation, by the earliest opportunity, to England, for instructions. Pending the receipt of them, I shall carefully consider how far my powers extend to remove any restrictions not absolutely required by tew, which may appear to impede the operations of Commerce. I am unable to concur With you in the alterations proposed in the Tariff and Excise. It is better to be faithful to a code, even when suopected of error,' than to be constantly changing its details. I admit that our scale of taxation on Imports is not perfect, and I hope that I shall, before the next Session, be prepared to propose some amendments to it. Turning to mere Executive matters, I will at once consider the question of paying the expenses of Elected Members of Council; though I say at the outset that the principle is a bad one. I fully concur with you as to the propriety of appointing a Local Board for the furtherance of Female Immigration. I think the question of a Law Library can be settled on a somewhat larger scale than contemplated. , The consolidation of the Laws of the two sections of the Colony shall receive earnest consideration during 'the recess. The Magistrates are authorized, in their discretion, to pay Suitable rewards for the "destruction of Wolves 'and Panthers. 32° VICTORLE. 15th MARCH. 71 The support of the Government shall be given to the establishment of a Labour Exchange at New Westminster and Victoria. I shall communicate with Her Majesty's Consul at San Francisco, respecting the expediency of instituting an Emigration Agency towards these shores in that town. Depend upon it that the interests of New Westminster and Burrard Inlet shall not be overlooked. I shall gladly endeavour to secure a site for the deposition and continual exhibition of the natural and other productions of the Colony. Your remonstrance as to the present position of the Supreme Courts shall not go Home unsupported. Spring, the emblem of hope, has early come upon us, and I trust will secure a long season at the Gold Mines, and an early and rich crop on the Farms. It would be wrong for us to despond when Nature is doing all for this Country of unbounded resources and most charming climate. It seems to me impossible to believe that the attractions of British Columbia, though the bars of the Fraser have lost their wealth, will fail to obtain the notice of the world. I have the settled conviction that a few years will see this Colony among the most flourishing of Her Majesty's many possessions. Already individual well-being is universal. With great satisfaction I proceed to relieve you from further attendance on your Legislative duties. I now prorogue Your Honorable Council, and the same is hereby prorogued accordingly. "^ ■* ■«»- ^v 1PPENBIX. SESSIONAL PAPERS. • No. 1. PETITION OF JOSEPH CAKRUTHERS NICHOLSON. To the Honorable the Legislative Council of British Columbia. The humble Petition of Joseph Carruthers Nicholson, Sheweth : That your Petitioner is the Agent of Dickson, Campbell, & Co., Merchants, of Victoria That your Petitioner, acting under the instructions of Charles W. Wallace, executed a Bill of Sale of certain property belonging to Mr. Wallace, to the representative of Dickson, Campbell, & Co., on the 26th of October, 1865. Mr. Wallace confirmed the action of your Petitioner on his return to the Colony, and, in May, 1867, your Petitioner received from Mr. Wallace possession of the property so assigned. On the 9th of September, 1867, Mr. Wallace was adjudicated a Bankrupt, on the petition of the Vancouver Coal Co.,~and your Petitioner ordered the property to be sold, winch was accordingly done. An investigation of the proceedings was made by the Chief Justice of Vancouver Island, sitting in Bankruptcy, and a portion of the proceeds of the sale, which was not covered by the Bill of Sale, was paid into Court to the credit of the Bankruptcy, and, on the 23rd of October, 1867, an order was made by the Chief Justice to have the whole of the remaining portion, amounting to §932 09, paid into Court, to abide the result of an action. During the proceedings, an objection was made to the Chief Justice trying the case, on the ground that he was indirectly interested in the result, as his brother was a shareholder in the Vancouver Coal Co., and that the Chief Justice had publicly stated that he was bound in honor to make good any loss which might be incurred by his brother in consequence of his taking over the shares which had belonged to the Chief Justice, who was also a Director of the Company up to the time of his leaving England for this Colony. On the 18th of October, 1867, the whole of the creditors of Mr. Wallace signed a request to the Chief Justice desiring that the money, $932 09, should be paid to your Petitioner; and this application was refused by the Chief Justice, who also refused to hand it over upon substantial security being given to answer any action that might hereafter be thought necessary. Afterwards, an action was brought by your Petitioner, as representative of Dickson, Campbell, & Co., against Richard Woods, the Official Assignee of this Estate, for the recovery of the money, and the same was set down for hearing, by consent of the Chief Justice, on the 13th of February, 1868, and a Special Jury were summoned, and Counsel and Witnesses all attended on that day, but were informed by Mr. R. Woods, the Registrar, that the Judge had ordered the Jury to be dischrged, and that he would not try the case. Your Petitioner is informed, and believes, that Mr. Woods, the Official Assignee, has given no security for the performance of his duties, and is advised that if he recovers in the action he will be unable to obtain payment of his costs and expenses. Your Petitioner has already been put to great expense and trouble, and, although he has made numerous applications to the Governor to have the case tried by another Court, he is unable to get any satisfaction. The Chief Justice advised your Petitioner not to throw good money after bad, and said that if the case came before him it would come before an adverse Judge. Your Petitioner is unwilling to have the case tried before the Chief Justice of Vancouver-Island, for the reasons set forth above, and prays your Honorable House to take his case into your consideration, and pass an Act, if need be, to enable this cause to be tried before another Court and Judge; and to give him such relief as the nature of the case will permit. iL SESSIONAL PAPERS. For full particulars with reference to the case he would most respectfully refer your Honorable House to copies of correspondence herewith on the subject. And your Petitioner will ever pray, &c, Sec, &c. Victoria, B. O, (Signed) J. C. NICHOLSON. 18th December, 1868. No. 2. ENCLOSUBES IN MESSAGE No. 1. Messrs Sproat, Anderson, and Irwin, to the Duke of Buckingham and Chandos. Copy London, 11 King William Street, E. C, 5th October, 1868. My Lord Duke,—We have been requested to present to Your Grace tbe accompanying Memorial, which bears the signatures of the leading Firms and Companies, representing in London, the trade and the productive industry of British Columbia. Many influential names would have been added, if it had not been deemed of pressing importance that Tour Grace's attention should be drawn to the subject at the earliest moment. . . Newspapers lately received (Colonist newspaper 22nd August, 1868,) from British Columbia, and also private advices received by the Memorialists, express the anxiety of the Colonists of British Columbia, that the opportunity of benefiting by the new Reciprocity Treaty should not be lost; and the Memorialists hope that Tour Grace may feel justified in endeavouring to secure through the Foreign Office, the opportunity for the Colony to give more formal expression to its claims and wishes in regard to the extension of the Treaty to the British_Columbian trade with the neighbouring American States. (Signed) Gilbert M. Sproat, ~\ Honorary Secre- James G. S. Anderson, v taries to the Mem- N James Y. H. Ik win, ) orialists. The Memorial of the Undersigned Representatives of Commercial, Banking, Landed, and other Interests in British Columbia. To the Right Honorable the Secretary of State for the Colonies. Sheweth: 1. That the United States Government have opened negotiations with the British Government and the Dominion of Canada, witb a view to the renewal of the Reciprocity Treaty between Canada and the States, and that these negotiations are being rapidly pressed tforward. 2. That a movement is in progress in Prince Edward Island, and also in the States, in favor of the extension of the new Beciprocity Treaty to the Trade of that Colony with the United States. 3. That the Inhabitants of the North Western States generally desire Reciprocity of Trade along the North Western Frontier. 4. That in British .Columbia there has long prevailed a strong"feeling in favor of greater freedom of Commercial intercourse with the neighbouring Pacific States of the Union. 5. That your Memorialists are satisfied that an equitable re-adjustment of Duties as between British Columbia and the United States would promote a greatly increased international traffic, and a large development of the material resources of the Colony. 6. That they believe that as regards British Columbia, this object can be sooner and more surely attained by the Colony being included in the Treaty now under negotiation than by a separate Treaty hereafter. 7. That in the opinion of the undersigned, it might reasonably be made a stipulation that the provisions of the new Reciprocity Treaty shall extend to all the British North American Colonies which shall desire its extension to them, and shall modify their Tariffs to its requirements. 8. The memorialists therefore pray that Tour Grace will move Lord Stanley that he may see fit to instruct Mr. Thornton at Washington to endeavour to secure that the benefits of the Reciprocity Treaty shall be extended to all the North American Colonies 80 that the option may be reserved to British Columbia to make formal application to (Signed) Anderson, Thomson, & Co., and 24 others. SESSIONAL PAPERS. §j Lord Kimberley to Mr. Elliott. Hudson's Bay House, London, October 17th, 1868. Sir,—-The Governor and Committee of the Hudson's Bay Company have recently received a copy of a Memorial addressed to the Secretary of State for the Colonies praying that His Grace will move Lord Stanley to instruct Her Majesty's Minister at Washington in the negotiations for the renewal of the Treaty for Reciprocity of Trade between Canada and the United States, to endeavour to secure the extension of its provisions to British Columbia. The Committee desire me to express their general concurrence in the prayer of the Memorialists, and to add that in their opinion an equitable re-adjustment of Duties as between the United States and British Columbia would tend greatly to promote the trade of that Colony, in which the Company are largely interested. 1 have, &c, (Signed) Kimberley, Governor. No. 3. FUETHER PETITION OF J. C. NICHOLSON. To the Honorable the Legislative Council of British Columbia. With reference to my humble Petition to your Honorable House, dated the 18th ulto., praying for relief with regard to a case pending in the Supreme Court of Vancouver Island, 1 would now most respectfully beg to submit for your consideration further proceedings which have been taken since the date of my Petition. On the 6th instant my Solicitors, Messrs Drake, Jackson, and Aikman, were served with an order from Chief Justice Needham, to appear before him, that the issue might be tried at the next sitting of the Supreme Court, which was on the 19th instant. I declined to appear, and handed in a protest setting forth the grounds upon which I objected to the case being tried before Mr. Needham, and although he fixed the 19th inst., as the day upon which the trial was to take place, nothing was then, or has since been done in the matter. Tour Petitioner has ascertained that the money $932 09, has been paid into the Treasury, and again prays your Honorable House to take his case into your consideration and grant him such relief as the case requires. And your Petitioner will ever pray, &c, &c, &c. Victoria, B. C, (Signed) J. C. NICHOLSON. 22nd January, 1869. No. 4. ENCLOSURE IN MESSAGE No. 2. RETURN SHEWING THE AMOUNT OP REVENUE COLLECTED FROM NANAIMO, SINCE UNION. From 20th November, 1866, to 25th December, 1867 $2,788 15 From 26th December, 1867, to 25th November, 1868 4,329 64 Total $7,117 79 Note.—The Keturns from Nanaimo for December, 1868, have not yet reached this Office. Audit Office, (Sigred) - Robert Ker, ■ 22nd January, 1869. Auditor General. IV. SESSIONAL PAPERS. No. 5. PETITION OF WILLIAM STEINBERGER. To the Honorable the Legislative Council of British Columbia. The humble Petition of William Steinberger, of Victoria, Distiller, Sheweth:— That your Petitioner is a Distiller, and commenced business at Tale in 1864. After the Union your Petitioner removed to Victoria, believing that by so doing be would be able to increase his business: . j k$ ,.., . ,, . A That he has expended upwards of $5,000 in the erection of a Distillery and other premises, and commenced business in February, 1868, but found that it was impossible to obtain more than §2 a gallon, wholesale, for his spirits; ^ That the cost of manufacture is $1 a gallon if the spirits are made from molasses, and $l-t»U H made from grain; . ..; . . That he has been compelled to stop all business in consequence of the high excise duty imposed on the manufacture of spirits; That a duty of 50 cents a gallon would, in the opinion of your Petitioner, be remunerative to the Government, and enable Distillers to continue in business. Without a reduction it will be impossible to continue business. There are three Distilleries only in British Columbia, which cannot continue business under the present duty. Tour Petitioner, therefore, prays your Honorable House to reduce the present duty to 50 cents a gallon, or such other sum as to your Honorable House shall seem advisable. (Signed) Wm. Steinberger. No. 6. ENCLOSURE IN MESSAGE No. 4. EXPORTS FROM THE COLONT OF BRITISH COLUMBIA IN 1868. COUNTRY TO WHICH EXPORTED. VALUE OP DOMESTIC | MERCHANDISE. VALUE OP FOREIGN MERCHANDISE. $ 182,906 9,579 7,000 10,100 25,979 31,875 ' 11,688 40,580 14,373 306,832 $ 20,560 British Possessions :— Foreign Countries :— Chili .QRJJ.Y: 14,793 72,634 $ 640,912 S 107,987 SUMMARY OP ARTICLES. COLONIAL PRODUCE. Coals, 30,524 tons , Cranberries, 942 bbls Fish, 1283 bbls., 133 | bbls., 50 kits, Fish Oil [29 cases Furs Furniture Hides Lumber Lime, 200 bbls Live Stock Miscellaneous -, Vegetables Wool Total Custom House, 1st Febrmry, 1869. VALUE. $ 198,405 8,523 7,679 26,642 204,428 888 1,947 184,135 505 275 428 827 $ 640,912 FOREIGN PRODUCE AND MANUFACTURES Ale and Porter Dry Goods and Clothing. Groceries Iron Miscellaneous Molasses Oils Spirits Sugar Salt !"!'.!"!"'."' Tobacco Wines Waggons, (Telegraph returned). Total $ 107,987 VALUE, 5,342 18,980 2,535 10,232 35,022 1,058 735 11,909 16,193 1,725 706 1,253 2,297 (Signed) W. HAMLET, A SESSIONAL PAPERS. No. 7. REPOBT OF SELECT COMMITTEE ON SUPREME COURTS. Tour Committee have to report on the questions submitted to them with regard to the condition of the Courts of the Colony of British Columbia:— S JSt ^hali th®, ?oP-^m® 9ourt of the Colony of Vancouver Island was constituted under Statute 12 and 13 Victoria, chap. 48, and the Orders in Council passed the 4th day of April, loob. J , 2: J7 *his Sfcatllte and these Orders, the Supreme Court of Vancouver Island had Jurisdiction in all Civil and Criminal cases within the Colony of Vancouver Island and its Dependencies, as it existed prior to the Act of Union, known as "The British Columbia Act, 1866. The Judge of this Court is styled the Chief Justice of the Supreme Court ot the Colony of Vancouver Island. 3. By the Act of 12 and 13 Victoria, chap. 48, the House of Assembly of Vancouver Island was empowered to alter or amend the Constitution of the Supreme Court of Vancouver Island. I The British Columbia Act, 1866," does not, in any way, refer to that Statute; but the power formerly possessed by the House of Assembly of Vancouver Island is now vested in the Legislative Council of British Columbia. 4. The Supreme Court of British Columbia 1vas constituted under Statute 21 and 22 Victoria, chap. 99, with a general Jurisdiction in all matters Civil and Criminal in and over the Colony then known as the Colony of British Columbia, and the Judge of that Court was styled the Judge of the Supreme Court of Civil Justice of British Columbia. 5. "The British Columbia Act, 1866," provides for the Union of the Colonies of British Columbia and Vancouver Island, reserving to each portion of the Colony such Laws as were passed and in force at the. time of the Union. Since the Union, the two Supreme Courts have continued to exercise their powers as separate and distinct Courts of Judicature, nominally confined within the limits which were originally assigned to them- but the Supreme Court of British Columbia claims to exercise a Jurisdiction over the whole Colony, which exercise of power is strenuously denied by the Supreme Court of Vancouver Island. 6. The result of this conflict of Jurisdiction however, is that the proceedings of each of the Courts has been ignored by the other, and the Judgments rendered and Orders made by either of the said Courts have been treated as Foreign Judgments by the other. This anomalous position of affairs works very great injustice to litigants, particularly when it is considered that a very large proportion of the Law suits are connected with the local trade and commerce of the Colony. It is necessary to point out more in detail how the present system works, in order that a clear understanding should be arrived at on the subject. 7. If a Merchant, resident in Victoria, deals with a man carrying on business on the Mainland, and wishes to obtain payment of his debt, he has to sue in the Supreme Court on the Mainland. He obtains a Judgment there, and on execution being issued he fails to obtain satisfaction. His debtor, however, has property on Vancouver Island. Now, in order to affect that' property, the creditor has to commence a fresh action in the Judgment so obtained, giving the debtor time to dispose of all his property, to the prejudice of his creditor. This is similar to making a Judgment of the Queen's Bench in England nugatory in the County of Tork. 8. Again, the Writ of Capias ad. re. is a very necessary and useful proceeding for creditors, considering the facilities there are for debtors to leave the country, and the peculiar nomadic character of a large portion of our population. Under the present system, the Court of British Columbia refuses to issue a Capias when the debtor is leaving the Mainland for Vancouver Island (which is the general port of embarcation for the whole Colony), because it cannot be proved that the debtor is going to quit the Colony of British Columbia; and if the creditor pursues his debtor to Vancouver Island, he has to go to the expense of a fresh action before he can apply to the Court for a Capias. Before the Union, this difficulty did not arise, as the Colonies were treated as Foreign Countries, and the forms and procedure of the "Common Law Procedure Act," relating to Foreign Countries was carried out. 9. Again, the same difficulties arise under the Bankruptcy Laws, and in a late case the action of the Messenger of the Supreme Court of the Mainland in seizing goods of a Bankrupt trader, who was carrying on business both in Vancouver Island and the Mainland, was ignored by the Supreme Court of Vancouver Island. 10 In a commercial community, it is essentially necessary that all conflict of Jurisdiction should be avoided, and Law and Justice made as simple and expeditious aSll The Ordinance proposed by the Government legalizes the past and continues the present most obnoxious system, which is prejudicial to the public interests and practically throws greater difficulties in the way of enforcing the rights of a creditor against his debtor than if the parties were resident in a Foreign Country. 12 The hostile attitude of the two Courts can only be counteracted by giving them concurrent Jurisdiction, and enabling the Judges of either Courts to try causes where most convenient for the litigants, and not as now to compel suitors, at great expense 7*A loss of time to bring double actions for the same cause, or have to travel very great distances .through a wild, unsettled country, which during the winter months is nearly fipassable, in order to obtain the Justice which is the right of every inhabitant of Her Majesty's Colonies. VI. SESSIONAL PAPERS. 13. Having slightly touched upon some of the evils which now exist, we beg to turn to another portion of the subject, on which a very strong feeling is manifested. It is that of the establishment of a Colonial Court of Appeal. The only remedy for a person dissatisfied with the decision of the Supreme Court, is the expensive process of an appeal to Her Majesty's Privy Council, a proceeding, which from the delay and amount of expense involved in it, is in all small cases impracticable. 14. It is necessary then, that an appeal as of right should exist in all cases Civil and Criminal, for from the very fact of a single Judge having sole power, and no Superior Court to control him, decisions may be given, which if referred to others might be greatly modified and altered. Under present circumstances, people in most instances prefer to abandon their legal rights, or else agree to decide them by arbitration, sooner than trust to the decision of a Court from which there is no appeal. 15. The interests involved in litigation are often of considerable importance, and of a very varied character, on which the litigants are compelled to accept the sole^ decision of one Judge, without the right of appeal, except under the Orders in Council. Thus the whole power of the Judicial bench is vested in one man, a state of things which calls for immediate remedy. 16. And your Committee beg further to report to this Honorable Council, that they have carefully considered the Ordinance to regulate the Supreme Courts of Civil Justice in British Columbia, and have modified it by giving a concurrent Jurisdiction to both Courts, which in the opinion of your Committee was the intention of the original Ordinance on which this is founded, and that the changes made in Section VI. and Section VIII. of this Ordinance are such as to preclude the construction which it was the evident intention of Her Majesty's Government to give to it. Clause VI. in the original Ordinance is of dubious meaning, but taken in connection with the Despatch which accompanied it, there is little doubt as to the intention of Her Majesty's Government in framing that Clause, and your Committee have consequently substituted a Clause which will not be open to the same objection. 17. Tour Committee have also prepared three additional Clauses for the purpose of giving an appeal, which the Resolution passed in this Council urgently calls for. Victort February 23rd, 1869 (Signed) Jno. Robson, Chairman of Committee.. No. 8. ENCLOSURE IN MESSAGE No. 8. ABSTRACT OF A BEPORT ON THE SCHOOLS OF VANCOUVER ISLAND, MADE BT THE CHAIRMAN OF THE BOARD OF EDUCATION. Whole amount of money received from Government since July 1st, 1867. $10 777 00 From sale of School Books «m; -w '*''"" Whole amount of money paid by Chairman of Board for School° purposes U°,%° 12 since September 1st, 1866 • r < * ia^o-,,- Leaving a balance to the debit of the Chairman of. Z"TI ^o Uo Total cost of District Schools since September, 1866 ©-. r , RS e Leaving 6 months unpaid, viz.: from 15th January to 15th June'1867 "and ' the month of December, 1868, amounting to I ' ' d ,,Q, no $10,973 15 Total cost of District Schools for Vancouver Island in 1868 <m «oo oc Do. Do. Do lofifl $4,022 85 V0- 1866 $11,414 75 SESSIONAL PAPERS. Vll. SCHOOLS NOW IN OPERATION, WITH THE NAMES OF THOSE CLOSED; NUMBER OF PUPILS; AND THE NAMES AND SALARIES OF TEACHERS. Names of Schools. Central School, Victoria—still going on District School, Victoria...: do Craigflower. School do Lake School do Nanaimo School do Esquimalt School—discontinued March, 1868 South Saanich—discontinued June, 1867 Cowichan School—discontinued December, 1867.. Cedar Hill School—discontinued December, 1867.. Salt Spring Island (no School) Central School, Victoria (Girls1)—closed January. 1867 Total number of pupils | 425 No. of Pupils YD 60 30 25 60 40 25 25 20 20 Names of Teachers. John Jessop | $75 00 W. H. Burr W. Harrison C. C. McKenzie 0. Bryant i588 30 588 30 502 73 367 98 255 20 215 32 641 64 213 85 253 65 109 65 211 36 139 00 95 05 13 00 Salt iry P er Ml Dnth. $75 00 75 00 60 00 41 66 75 00 ARREARS OF SALARY, 1867 AND 18G8. John Jessop, Teacher, Central School, Victoria $ W. H. Burr, „ District School C. Bryant', ,, Nanaimo W.Harrison, ,, Craigflower C. C. McKenzie ,, Lake Central School Rent, at $40 per month A. Waddington, late Superintendent Mrs. H. Fisher, late Teacher, Esquimalt Miss Macdonald, ,, Central School (Girls') Mrs. E. Fisher, 2J months. Dr. to books $30-35 C. N. Young, late Teacher, Saanich Congregational Church Rent Doughty, for cleaning Central Schools :. Nanaimo School Rent and cleaning $4,195 03 From this total $500 may be deducted, as that amount was provided by the Government, in December last, to close School Accounts for 1868, leaving $3,695-03 arrears at the beginning of the year 1867. (Signed) I. W. Powell, Chairman Board of Education. No. 9. ENCLOSURE IN MESSAGE No. 18. RETURN SHEWING THE AMOUNT OF REVENUE DERIVED FROM KOOTENAT. Prom 26th December, 1867, to 25th October, 1868 $12,831 21 Note.—The Returns for November and December,1868, have not yet reached this Office. Audit Office, 30th January, 1869. (Signed) Bobert Ker, Auditor General. No. 10. ENCLOSURES IN MESSAGE No. 22. STATEMENT OF RECEIPTS AND DISBURSEMENTS OF THE STEAMEE SIR JAMES DOUGLAS, FOR 1868. $8,12c 4,200 00 RECEIPTS. Amount received for Freight and Passage Money Do. for carrying the Mails along East Coast of V. I This statement does not include the services performed by the vessel in the Inspection of Lighthouses on Vancouver Island, or the transport of Officers, Magistrates, and Constables on duty up and down the Coast. $12,323 27 DISBURSEMENTS. Actually made during the year $9,938 98 Do. in 1869, on account of liabilities incurred during 1868 608 17 Amounts still due, incurred in 1868 764 39 11,311 54 Receipts in excess of Disbursements 1,011 73 $12,323 27 (Signed) Joseph" W. Trutch, Ath February, 1869. No.ll. ENCLOSURE IN MESSAGE No. 22. RETURN showing the ordinary current expenses of the ASSAT AND MELTING DEPARTMENT of British Columbia, the weight and value of the Gold assayed, and the Receipts by fees, &c, for the year ending 25th December, 1868. RECEIPTS. In Cash $691 13 In cornets, scrapings, &c..: 315 56 Total $1,006 69 EXPENSES. Salaries of Staff $3,750 00 Other Expenditure 66 61 Total $3,816 61 Weight of Gold Assayed 13,725-32 oz. Value $229,410-27. (Signed). F. G. Claudet, Superintendent. ft' . No. 12. ENCLOSURE IN MESSAGE No. 22. RETURN shewing the average cost per diem of the KEEP OF A PRISONER in Victoria and New Westminster Gaols, respectively, as taken from the actual expenditure of the year 1868. Average cost of a prisoner at Victoria, including all expenses of the Department $1 24 Do. Do. New Westminster 150 Average cost of food alone at Victoria 25 Do. Do. New Westminster 36 Audit Office, (Signed) Robert Kjbr, 5th February, 1869. Auditor General. No. 13. ENCLOSURE IN MESSAGE No. 22. Expenditure on Main Trunk Road to Cariboo, during the year 1868, $32,893 14 Estimated annual expense of repairs and maintenance of same 30,000 00 (Signed) Joseph W. Trutch, Uh February, 1869. No. 14. ENCLOSURE IN MESSAGE No. 24. The Secretary of State for the Colonies to Governor Seymour. British Columbia. No. 91. Downing Street, 24th October, 1868. Sir,—I have the honor to acknowledge the receipt of your Despatch, No. 101 of the llth August, enclosing applications addressed to you by Officers of your Government, praving for compensation for losses they have sustained by permanently removing from New Westminster to I sincerely lament the losses to which these gentlemen have been subjected by the consolidation of the two Colonies, and would gladly learn that the Colonial Legislature had voted them, in land or money, some compensation for those losses. It is for the Government and Legislature of British Columbia* to consider how and to what extent this could be done, as it is not in my power to recommend that any indemnity should be given them from Imperial funds. I have, &c, y (Signed) Buckingham and Chandos. IX. SESSIONAL PAPERS. No. 15. REPORT OF TJRE SELECT COMMITTEE ON THE PETITION" OT? J. C. NICHOLSON. Tour Committee beg to report:— 1. That the attendance of His Honor Chief Justice Needham and of Mr. Woods, the Registrar of the Court, was requested; but that the former wrote to say that he could not, consistently with his duty, comply with the request; the latter that he had referred the matter to the Colonial Secretary for instructions. 2. From the general tenor of the evidence adduced, your Committee are of opinion, that the statements contained in the Petition presented to your Honorable House are substantially correct. 3. Tour Committee are of opinion that this is one of the unfortunate cases arising out of the hitherto conflicting jurisdictions of the Supreme Courts of the Colony, but that a remedy is now afforded under the 9th Clause of "The Supreme Courts Ordinance, 1869." (Signed) J. S. Helmcken, OouncU Chamber, March 9th, 1869. Chairman. No. 16. PETITION AGAINST THE WATER BILL. To the Honorable the Members of the Legislative Council of British Columbia, in Council assembled. The Petition of the undersigned resident freeholders and leaseholders of the City of Victoria, B. C, Humbly sheweth:— 1. That your Petitioners have observed with much regret, that the Bill entitled "An Ordinance for the Supply of Water to the City of Victoria," has passed a second reading before your Honorable House. 2. Tour Petitioners believe that the nature of the scheme for supplying the City of Victoria with Water, was not rightly understood by the subscribers to the Petition relating to the same, recently presented to your Honorable House; neither did such subscribers suppose that the matter would be placed in the hands of the Municipal Council, and power be given to such Council to impose Taxes solely on owners of Real Estate in Victoria. 3. Tour Petitioners respectfully submit, that if the said Bill became law, and its provisions be enforced, its operation will be productive of great injury to the community, particularly to those members of the community who own or lease Real Estate. Taxation, in many forms, is now so heavy, that your Petitioners believe it would be unjust, as well as injurious and inexpedient, to lay any further burdens on citizens. 4. Your Petitioners respectfully submit, further, that the supply of Water for the City should, under existing circumstances, be left entirely to private enterprise, assisted by a guarantee from the Government. 5. Your Petitioners humbly pray, that your Honorable House will be pleased to reconsider the said Bill, and either reject the same or modify its provisions, so as to leave the supply of Water to private enterprise. And your Petitioners will ever pray, &c, &c. (Signed) William H. McNeill, W. H. Oliver, W. F. Tolmie, AND 34 OTHERS. / COLONIAL ESTIMATES, BRITISH COLUMBIA. A. & B. victoria: printed at. the government printing office. "\ COLONIAL ESTIMATES, BRITISH COLUMBIA. A. ABSTRACT of the probable REVENUE of the Colonial Government of British Columbia, for the Tear 1869, showing also the Revenue received under the similar heads in the Tear 1867, being the Tear previous to that in which the Estimates are prepared. I Customs Port and Harbour Dues ) Roads' Tolls Excise Duties Land Sales Land Revenue Rents, exclusive of Land Free Miners' Certificates Mining Receipts, General Licences Postage Fines, Forfeitures, and Fees of Court Fees of Office Sale of Government Property Reimbursement in aid of Expenses incurred by Government Miscellaneous Receipts » Interest Arrears, Vancouver Island Total Estimate for 1869. $ 400,000 65,000 5,000 5,000 5,000 2,000 12,000 18,000 50,000 13,000 5,000 4,000 2,000 13,000 1,000 2,000 Revenue of 1867. 602,000 $270,002 02 59,522 86 795 75 3,496 60 3,665 56 1,954 75 13,645 00 22,208 13 53,850 27 12,704 60 8,441 19 7,855 63 1,403 44 8,582 90 188 83 2,616 02 12,171 85 483,105 40 COLONIAL ESTIMATES, BRITISH COLUMBIA. ABSTRACT of the SUMS REQUIRED to defray the Expenses of the Colonial Government of British Columbia, for the Tear from 1st January to the 31st of December, 1869, showing also the amount actually expended in the Tear previous to that in which the Estimates are prepared, viz. 1867. 11 AS 8 i ! 9 2 9 3 9 4 9 5 9 6 9 7 9 8 9 n 9 10 9 11 10 12 10 13 10 14 10 15 10 16 10 17 10 18 10 19 10 20 10 21 10' 22 10 23 10 24 10 25 Establishments Salaries. Fixed Establishment. $150,398 00 Provisional "t&ni Tem- * porary. Allowances. $1500 00 Office Contingencies. Estimate for the Tear 1869. $900 oo 152,798 00 Pensions, Retired Allowances, and Gratuities . Revenue Services, exclusive of Establishments. Administration of Justice, Do. Ecclesiastical, Do. Charitable Allowances Education, exclusive of Establishments Hospitals, Do. Police and Gaols, Do. Bent Transport Conveyance of Mails Works and Buildings Roads, Streets, and Bridges Miscellaneous Services Interest Drawbacks and Refund of Duties Immigration Redemption of Bonds Sinking Fund Temporary Loans Home Government Account Government Vessels Lighthouses Deposits Total $ 3,395 1,000 4,400 10,500 10,000 12,000 875 6,660 29,400 12,000 62,500 16,500 91,840 2,100 00 00 00 00 00 00 00 00 00 00 00 00 00 00 50,197 100,000 16,800 10,000 50 00 00 00 592,965 50 Expenditure of 186?. 147,753 61 8,768 23 1,346 90 5,299 97 7,971 63 5,064 18 19,795 31 1,210 70 8,126 57 36,028 44 7,844 ■ 26 26,844 32 16,390 22 98,914 89 2,655 87 2,425 00 58,269 77 31,745 48 9,037 40 9,481 27 894 40 505,868 42 COLONIAL ESTIMATES, BRITISH COLUMBIA. ESTABLISHMENTS DETAILED. CIVIL. HlS EXCELLENCY THE GOVERNOR. „, _. ' Fixed Establishment. The Governor (provided for under Crown Officers' Salaries Acts). Private Secretary *i AKO MJ * $1,452 essenger '500 ——— 1 912 CONTINGENCIES. » Stationery, &c , j™ Extra Assistance 500 600 Total His Excellency the Governor $2,552 Legislative Council. SALARIES. Fixed Establishment. °lerk- $600 Messenger 2on CONTINGENCIES: Fuel, Light, &c 100 Total Legislative Council $900 Colonial Secretary. SALARIES. Fiie.d Establishment. Colonial Secretary (provided for under Crown Officers' Salaries Act). Assistant Colonial Secretary $1,940 Two Clerks 2,904 Messenger 500 | $5,344 CONTINGENGIES. Stationery, Fuel, and Light 200 Printing Branch. > SALARIES. Fixed Establishment. Superintendent $1,320 Two Printers, $960 each '. 1,920 Assistant Printer and Messenger Legislative Council 640 3,880 Total Colonial Secretary $9,424 Treasurer. SALARIES. Fixed Establishment. Chief Clerk $1,900 Clerk M52 Clerk : 1,200 Total Treasurer :.. $4,552 AuniTOR General. . K«'-i;uvi c. at ap.trh. Fixed Establishment. Auditor General ^'Hl Chief Clerk M°2 Clerk 1.200 Total Auditor General $5,0?? Chief Commissioner of Lands and Works and Surveyor General. SAT ARIES Fixed Establishment. Chief Commissioner (provided for under Crown Officers' Salaries Act). Assistant Surveyor General and Superintendent of Lighthouses 1 224 Clerk l'224 Draughtsman ' Total Chief Commissioner Lands and Works and Surveyor General $4,348 COLONIAL ESTIMATES, BRITISH COLUMBIA. ESTABLISHMENTS DETAILED. CIVIL. CUSTOMS- Fixed Establishment. SALARIES. Collector of Customs (provided for under Crown Officers' Salaries ||J||| $1)94Q Chief Clerk ."ii 1452 Clerk •• l'?04 Deputy Collector, Southern Boundary > g 096 OtJT-DOOR DEPARTMENT. 1,704 Revenue Officer """ l ?04 Landing Waiter 9qq Do. Esquimau \ Z$2 Two Boatmen and Watchmen, $696 each >go() Revenue Officer, Burrard Inlet 1 224 Constable at Osoyoos \ ' >j 824 Total Collector of Customs $12,920 Registrar Genebal. a. T a t>ttio Fixed Establishment;- SALARIES. Registrar General and Postmaster General (provided for under Crown Officers' Salaries Act). Registrar General of Titles, Victoria *48o Assistant in Office Total Registrar General $735 Harbour Master. SALARIES. Harbour Master and Government Pilot Fixed Establishment • $1,940 Post Office. SALARIES. Fixed Establishment. Postmaster, Victoria .* $2,000 Clerk and Messenger, New Westminster 750 Total Post Office $2,750 Total of Civil Establishments required under Votes $45,198 His Excellency the Governor $2,552 00 Legislative Council 900 00 Colonial Secretary 9,424 00 Treasurer 4,552 00 Auditor General 5,077 00 Chief Commissioner of Lands and Works and Surveyor General 4,348 00 Collector of Customs 12,920 00 Registrar General .* 735 00 Harbour Master 1,940 00 Post Office 2,750 00 $45,198 00 JUDICIAL. Supreme Court. SALARIES. Fixed Establishment. Judge of Supreme Court (provided for under Crown Officers' Salaries Act) . Do. Do. ..' Registrar of Court, B. C ' *i 4K0 Messenger, V. I '500 Total Supreme Court.... $3,452 Safe — COLONIAL ESTIMATES, BRITISH COLUMBIA. ESTABLISHMENTS DETAILED. JUDICIAL. Attorney General. salaries. ~ . _ . .,. . >5 * ixed Establishment Attorney General (provided for under Crown Officers' Salaries Act) Clerk •• $1,008 High Sheriff. ALLOWANCES'. In lieu of travelling expenses and allowances «i 500 Total Judicial Establishments 15 ggQ Supreme Court [ _ go az<> Attorney General " i'oo8 High Sheriff .'.'..!."."!.'.".'"!!]! 1^500 $5,960 POLICE, INCLUDING PRISONS AND GAOLS. New Westminster. Police. SALARIES. Fixed Establishment. Chief Inspector of Police (provided for under Crowq, Officers' Salaries Act). High Constable $9?2 00 Two Constables, $1.75 each per diem 1,277 50 Indian Messenger, -. | 180 00 Gaol. Warden 1,224 00 One Gaoler 708 00 Medical Officer 500 00 4,861 50 Victoria. SALARIES. Fixed Establithment. Stipendiary Magistrate $2,250 00 Clerk 1,200 00 'One Sergeant of Police, $2.50 per diem 912 50 Three Constables, at $1.75 each per diem 1,916 25 Gaol. Gaoler, $2.50 per diem 912 50 Assistant Gaoler, $2 per diem 730 00 Superintendent of Convicts, $2.50 per diem 912 50 Two Convict Guards, $638.75 each 1,277 50 Two Door Guards at $547.50 each, and one Cook $638.75 1,733 75 Medical Officer 600 00 12,445 00 Total Police and Gaols $17,306 50 GOLD, ASSISTANT GOLD COMMISSIONEES, & STIPENDIARY MAGISTRATES. Columbia and Kootenay District. SALARIES. Fixed Establishment. Gold Commissioner v'^2 Clerk to do f>™* n , . ,„ , 1,404 Constable 1 '„_, Clerk and Constable, Kootenay M"* Constable, Kootenay ' Clerk and Constable, Fort Shepherd °" Total Columbia and Kootenay District $9,716 COLONIAL ESTIMATES, BRITISH COLUMBIA, ESTABLISHMENTS DETAILED. GOLD, ASSISTANT GOLD COMMISSIONERS," & STIPENDIARY MAGISTRATES. Cariboo, including Quesnel. SALARIES. Fixed Establishment-'. Assistant Gold Commissioner • $3,400 Clerk 1,500 Chief Constable 1,500 Two Constables at $l,224-each 2,448 Two Constables at $1,008 each ! 2,016 Constable at Quesnel 1,224 Total Cariboo District $12,088 Hope, Yale, and Lytton District, salaries. Chief Constable., Yale Constable Chief Constable, Lytton Toll Collectos', Yale Fixed Establishment. 1,104 1,008 1,104 1,104 Total Hope, Yale, and Lytton District $4,320 Lillooet, Clinton, and Soda Creek. salaries. Assistant Gold Commissioner Chief Constable Constable, Postmaster, a-nd Toll Collector, Clinton- Fixed Establishment. $2,400 1,104 1,104 Total Lillooet, Clinton, and Soda Creek $4,608 Nanaimo. salaries. Magistrate and Collector of Revenue Constable • - Fixed Establishment. $1,704 730 Total Nanaimo District $2,434- No. 1.—RECAPITULATION OE THE FOREGOING ESTABLISHMENTS. Salaries. Fixed Provisional Establishment and Tempo™ Allowances. Office Contingencies. Civil Establishments : Governor Legislative Council Colonial Secretary Treasurer Auditor General Chief Commissioner of Lands & Works, &c Customs Registrar General Harbour Master Post Office Judicial Establishments : Supreme Court Attorney General High Sheriff. Police Establishments Gold, and Assistant Gold Commissioners, and Stipendiary Magistrates :— Columbia and Kootenay Cariboo Hope, Yale, and Lytton Lillooet, Clinton, 4c, Nanaimo Total Establishments $ 1,952 00 800 00 9,224 00 4,552 00 5,077 00 4,348 00 L2J920 00 735 00 1,940 00 2,750 00 3,452 00 1,008 00 17,306 50 9,716 00 12,088 00 4,320 00 4,608 00 2,434 00 99,230 50 1500 1500 600 100 200 900 T0IAL. 900 9,424 4,552 5,077 4,348 12,920 735 1,940 2,750 00 00 00 00 00 00 00 00 oo- 00 3,452 00 1,008 00 1,500 00 17,306 50 9,716 12,088 4,320 4,608 2,434 00 00 00 00 00 101.630 50 oa&i COLONIAL ESTIMATES, BRITISH COLUMBIA. No. 2.—PENSIONS, RETIRED ALLOWANCES, AND GRATUITIES. Pension to Mrs. D. McLean Do. Mrs. J. D. B. Ogilvy Total Pensions, &c. $485 485 $970 No. 3.—REVENUE SERVICES (exclusive of ESTABLISHMENTS). Travelling Expenses of Officers on duty, Arrest and prosecution of Smugglers, &c. $1,000 No. 4. ADMINISTRATION OP JUSTICE (exclusive of ESTABLISHMENTS). Summoning Jurors and Witnesses, and other Contingencies Prosecution and Interpreters' Fees, &c. Expenses of Judge and Registrar on Circuit Expenses attending Inquests - $800 800 2,500 300 Total Administration of Justice $4,400 No. 5.—Nil. No. 6.—CHARITABLE ALLOWANCES. In aid of Hospitals In aid of the destitute Poor and Sick 500 Total Charitable Allowances $10,500 No. 7.—EDUCATION (exclusive of ESTABLISHMENTS). District Schools $10,000 'No. 8.—Nil. No. 9.—POLICE AND GAOLS (exclusive of ESTABLISHMENTS.) Keep of Prisoners and other Police expenditure throughout the Colony No. 10.—RENT. $12,000 Rent, Government House, Victoria Do. Lillooet Do. Nanaimo No. 11.—TRANSPORT. His Excellency the Governor. Travelling Expenses on duty Colonial Secretary. Travelling Expenses on du ty Treasurer.' Freight upon remittances of treasure 50 240 585 Total Rent $875 A0DTr°aveningEexpenses Inspecting Accounts $100, Freight upon Accounts to England $60 - Inspection of Steamers - Actual Travelling Expenses of Officers on duty Keep of Horses throughout the Colony 500 250 160 750 1,500 1,000 Total Transport $6,660 10 COLONIAL ESTIMATES, BRITISH COLUMBIA. No. 12.—CONVEYANCE OE MAILS. To and from San Francisco To and from Victoria and New Westminster To and from Victoria and Esquimalt To and from Victoria, Nanaimo, Comox, &c. To and from Cariboo, Columbia, &c. To and from Victoria and Saanich. JLS. 6,000 H _ 500 _ _ 4")0 . a 4,200 _ B 18,000- - : '• 300 Total Conveyance of Mails $29,400 No. 13.—WORKS AND BUILDINGS. Repairs to Buildings, &c, throughout the Colony Surveys, Explorations, &c. 10,000 2,000 Total Works and Buildings $12,000 No. 14.—ROADS, STREETS, AND BRIDGES. Repairs and construction of Roads throughout the Colony No. 15.—MISCELLANEOUS SERVICES. Expenses, connected with Indian Tribes Taking charge of Government Buildings Insurance Government Buildings - Exchange on Drafts for remittance Telegrams - Stationery, Fuel, &c, for all Departments Expenses connected with Assays of Minerals, &c. For establishing Branch Assay Office at Cariboo $62,500 500 1,000 1,500 500 1,000 4,000 5,000 3,000 • Total Miscellaneous Services $16,500 No. 16, —INTEREST. Interest on Temporary Loans and.Debentures - $22,000 No. 17.—DRAWBACKS AND REFUND OF DUTIES, &e. Of Customs Duties Of other Taxes 2,000 100 Total Drawbacks and Refund of Duties, &c. $2,100 No. 18.—Nil. No. 13.—REDEMPTION OF BONDS. No. 20.—SINKING FUND. No. 21.—TEMPORARY LOANS. Repayment of Loans No. 22.—Nil. $100,000 No. 23.—GOVERNMENT VESSELS. Sir James Douglas—Wages, Stores, Fuel, &c. - ,, New Boiler Dredger—Ship-keeper and incidental repairs No. 24.—LIGHTHOUSES. Race Rocks and Fisgard—Salaries, Stores, and general maintenance of Lio-hthouses Light Ship, mouth of Fraser River - . _ ° $11,000 5,000 800 $16,800 5,500 4,500 Total Lighthouses $10,000 No. 25.—Nil. COLONIAL ESTIMATES, BRITISH COLUMBIA. 11 SUMMARY OF THE FOREGOING ESTIMATES. Provided by permanent Acts, on account of Salaries §51,167 50 Do. Do. Do. Pensions 2,425 00 Do. Do. Do. Interest on Loans 69,840 00 Do. Do. Do. Sinking Fund on Loans.. 50,197 50 $173,630 00 Required to "be provided by Vote for contingent service of year 1869:— Establishments 101,630 50 Services exclusive of Establishments 317,705 00 419,335 50 $592,965 50 Estimated excess of Revenue over Expenditure 9,034 50 $602,000 00
Includes index. Other Copies: http://www.worldcat.org/oclc/243485801
Annual reports
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J110 .L5J79
English
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Victoria : Government Printing Office
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Original Format: University of British Columbia. Library. Rare Books and Special Collections. J110 .L5J79
British Columbia
Legislative Council
British Columbia--Politics and government
Journals of the Legislative Council of British Columbia from the 17th December, 1868, to the 15th March, 1869, in the 32nd year of the reign of Her Majesty Queen Victoria, being the sixth session of the Legislative Council of British Columbia
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