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University of British Columbia Library Rare Books and Special Collections John Keenlyside Legal Research Collection
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Colonial documents of British Columbia

Series consists primarily of documents from the colonial era of British Columbia, including material related to early settlers on Vancouver Island, the Fraser River and Cariboo/Yukon gold rushes, and the courts. The bulk of the series consists of correspondence, but also includes commission, coroner’s inquisition, court calendar, deposition, jury list, last will and testament, prospectus, receipt, and subpoena.

Rowland v. Begin

File contains: Writ of Summons; Motion of Defendant; Affidavit of Defendant. Begin was arrested and held to bail in the above titled cause as a result of an Affidavit of Mr. W. Atkinson which stated that he believed that the Defendant was about to quit the colony. Begin denies all such allegations and the Defendant asks that he be discharged from arrest in this cause.

Eyck and Nelson v. Godwin and Others

File contains: Affidavit of J.D. Potter; Deposition of H.B. Morse; Notice of Trial; and Abstract. Plaintiffs are suing for 1,000 pounds from the Defendants on the amount of damage sustained by the Plaintiffs by reason of the Defendants unlawfully, with force and arms, breaking into and entering the home of the Plaintiffs.

Proclamation. By His Excellency, James Douglas, Governor and Commander-in-Chief of Her majesty’s Colony of Vancouver’s Island and its Dependencies. Whereas, Her Majesty has been pleased, by an Instrument made under Her sign Manual, to revoke the Crown Grant dated the 30th day of May, …

BRITISH COLUMBIA. V. [coat of arms A] R. PROCLAMATION. BY HIS EXCELLENCY, JAMES DOUGLAS, GOVERNOR AND COMMANDER-IN-CHIEF OF HER MAJESTY’S COLONY OF VANCOUVER’S ISLAND AND ITS DEPENDENCIES. ... GIVEN UNDER MY HAND AND SEAL AT VICTORIA, VANCOUVER’S ISLAND, THE THIRD DAY OF NOVEMBER, 1858, IN THE TWENTY SECOND YEAR OF HER MAJESTY’S REIGN. GOD SAVE THE QUEEN.

Revokes the Crown Grant, 1838, to HBC for exclusive trading with the Indians, insofar as the said Grant embraces or extends to the Territories comprised in the Colony af British Columbia. This Proclamation was read after Douglas had been sworn in as Governor of British Columbia on November 19th.

McDonald v. Franklin

File consists of five documents: Subpoena; Injunction; Order for Injunction; Judge's Order, Order of Court to Take Testimony regarding land and lots in Victoria; the Plaintiff, at the Defendant's request, paid the sum of 104 pounds, 3 shillings and 4 pence for the purchase of lands agreed and now the Defendant refuses to pay the Plaintiff back for the conveyancing.

Riviere v. Benoit

File consists of six documents: Writ of Summons; Order to Hold to Bail; Notice of Appointment of Attorney; Notice of Trial; Abstract; Motion for Commissions to take Depositions. Plaintiff is suing the Defendant for 104 pounds, 3 shillings, 4 pence for work and labour performed by the Plaintiff for the Defendant at his request

Ghirardelli v. Selleck and Rothwell

File consists of four documents: Notice of Trial; List of Jurors; Abstract; Engrossed Copy of Abstract. Plaintiff is suing the Defendants for 203 pounds, 10 shillings and six pence, money paid by the Plaintiff to and for the Defendants at their instance and request. The Defendants take defense and deny the indebtedness and claim that the Plaintiff is indebted to them for 208 pounds, 6 shillings and 8 pence for rent

Inferior Court of Civil Justice

In response to a growing number of petty claims in Victoria in the newly established colony of Vancouver‟s Island, Governor James Douglas established the Inferior Court of Civil Justice (later changed to the Supreme Court of Civil Justice in 1860) in 1857.
This series is composed of one-hundred and sixty-eight case files comprised of three hundred and eighty-three documents pertaining to small claims suits in Victoria between 1858 and 1866.

Duncan v. Selleck and Rothwell

File contains: Appearance and Defense; Original Writ. Plaintiff claims that the Defendants are indebted to him for 70 pounds, 12 shillings and 6 pence as the balance due on some lumber sold and delivered to them at their request.

Proclamation. By His Excellency, James Douglas, Governor of Vancouver Island and its dependencies. Commander-in-Chief, and Vice-Admiral of the same, &c., &c. Whereas, it has been represented to me that Spirituous and other intoxicating liquors, have been sold to the Native Indians of Fraser River…

BRITISH COLUMBIA. V. [coat of arms type A, later state] R. PROCLAMATION. By His Excellency, JAMES DOUGLAS, Governor Of Vancouver Island and its Dependencies, Commander-In-Chief, and Vice-Admiral of the same, &c., &c. WHEREAS, it has been represented to me that Spirituous and other Intoxicating Liquors, have been sold to the Native Indians of Fraser River, and elsewhere, to ... {L.S.} Given under my hand and Seal, at Fort Hope, this sixth day of September n the year of Our Lord One thousand eight hundred and fifty-eight, and in the twenty-second year of Her Majesty’s Reign, JAMES DOUGLAS. Governor. By His Excellency’s Command, WILLIAM MANSON, Acting Secretary. GOD SAVE
THE QUEEN.

Later issue completely reset in smaller format of the first proclamation, with no place of printing or imprint, and the anomalous “British Columbia” in the heading. This is the format universally cited, sometimes described as printed at Fort Hope, but certainly not.

Order of Court. Whereas, by a Proclamation under the Public Seal of the said Colony, issued at Victoria, V. I., the 24th day of December, I, Matthew Bailee Begbie, Judge in the said Court, am authorised, while resident in Victoria, Vancouver Island, to make general Rules and Orders of Court in the same manner and of the same force and validity as if I were resident in British Columbia; …

[Coat of arms A] COURT OF BRITISH COLUMBIA. ORDER OF COURT. WHEREAS, BY A PROCLAMATION UNDER THE PUBLIC SEAL OF THE SAID COLONY, ISSUED AT VICTORIA, V.1., THE DAY OF DECEMBER, I, MATTHEW BAILLIE BEGBIE, JUDGE IN THE SAID COURT, AM AUTHORISED, WHILE RESIDENT IN VICTORIA, VANCOUVER, ISLAND TO MAKE GENERAL RULES AND ORDERS OF COURT IN THE SAME MANNER AND OF THE SAME FORCE AND VALIDITY AS IF I WERE RESIDENT IN BRITISH COLUMBIA; ....

Kerr v. Harris

File consists of five documents: Affidavit for Continuance; Notice of Motion for Continuance; Notice; Affidavit of Harris; Notice to Plaintiff. Trial being delayed owing to the absence of a necessary material witness

Court Documents

Series consists of court documents covering a variety of cases and legal disputes in British Columbia between 1858 and 1891 that represent both major criminal charges as well as minor civil suits. It is comprised of more than 750 case files containing over 1,200 documents relating to such topics as Augustus Pemberton and colonial relations with Chinese and Aboriginal peoples in B.C., possible changes that occurred after the colonies were converged, and the many types of small claims being filed during the period.

Haskell v. Hart and Sharron

File consists of two documents: Affidavit of W. Sharron; Notice regarding the arrival of a brick making machine on the ship "Frigate Bird" purchased by the Plaintiff, now in the possession and under the control of the Defendant. Plaintiffs counsel is interfering in other matters of the said Defendants, of which he has no authority or right to interfere with, other than the brick making machine

Fensier v. Davidson

File contains: Affidavit of L. Fensier; Affidavit of A. DeCosmos; Order of Court; Affidavit of Service; Writ of
Summons. The Defendant is indebted to the Plaintiff for the sum of 66 pounds, 13 shillings and four pence on an unpaid promissory note and for goods bargained and sold by the Plaintiff to the Defendant.

Haskell v. Sharron and Hart

File contains: Injunction; Petition of C. Kerr; Affidavit of C. Kerr; Affidavit of H. Reynolds; (2) Order; and Bill of Complaint. The defendants are charged with wrongfully and fraudulently appropriating certain property, goods and chattels of the Plaintiff. The Plaintiff had secured passage for those goods from San Francisco to Victoria on the ship the "Frigate Bird". The Defendants were to sell the various goods (cattle, brick making machine, etc.) and the profits were to be divided between the parties. The Defendants appropriated the goods for themselves and Haskell is suing for damages.

Proclamation. By His Excellency James Douglas, Governor and Commander-in-Chief of Her Majesty’s Colony of British Columbia and its Dependencies. Proclamation, having the Force of Law to declare that English Law is in force in British Columbia. Whereas, by an Act of Parliament passed in the Session held in the 21st and 22nd years of Her Majesty Queen Victoria, it was enacted that the territories therein…

BRITISH COLUMBIA. V. [coat of arms A] R. PROCLAMATION BY HIS EXCELLENCY, JAMES DOUGLAS, GOVERNOR AND COMMANDER-IN-CHIEF OF HER MAJESTY’S COLONY OF BRITISH COLUMBIA AND ITS DEPENDENCIES. WHEREAS [an Act of Parliament was passed to provide for the government of British Columbia]; AND WHEREAS [James Douglas has been appointed Governor of British Columbia]; AND THE SAID GOVERNOR IS REQUIRED BY THE SAID COMMISSION, AMONGST OTHER THINGS, FORMALLY TO PROCLAIM THE SAID ACT WITHIN THE SAID COLONY OF BRITISH COLUMBIA. THEREFORE I, JAMES DOUGLAS, GOVERNOR OF THE SAID COLONY, NOW PROCLAIM AND PUBLISH THE SAID ACT FOR THE INFORMATION AND GUIDANCE OF HER MAJESTY’S SUBJECTS, AND OTHERS TO WHOM IT MAY CONCERN, AS FOLLOWS: [reprints the 2~d August, 1858, Act] ... AND I DO FURTHER PROCLAIM AND PUBLISH THAT THE SAID RECITED ACT SHALL TAKE EFFECT WITHIN THE SAID COLONY OF BRITISH COLUMBIA FROM THE DATE HEREOF. ISSUED UNDER THE PUBLIC SEAL OF THE SAID COLONY, AT FORT LANGLEY, THIS NINETEENTH DAY OF NOVEMBER, 1858, IN THE TWENTY-SECOND YEAR OF HER MAJESTY’S REIGN, BY ME, JAMES DOUGLAS, GOVERNOR. {L.S.} . GOD SAVE THE QUEEN.

Act establishing the Colony of British Columbia.

Proclamation. By His Excellency, James Douglas, Governor and Commander-in-Chief of British Columbia, having the force of Law, to authorize the levying of Custom Duties upon Goods imported into British Columbia. Whereas, it is expedient to provide ways and means to enable Her Majesty to defray the Public Expenses of the Colony of British Columbia,…

BRITISH COLUMBIA. V. [coat of arms type A] R. PROCLAMATION. BY HIS EXCELLENCY, JAMES DOUGLAS, GOVERNOR AND COMMANDER-IN-CHIEF OF BRITISH COLUMBIA, HAVING THE FORCE OF LAW, TO AUTHORIZE THE LEVYING OF CUSTOMS DUTIES UPON GOODS IMPORTED INTO BRITISH COLUMBIA. ... ISSUED UNDER THE PUBLIC SEAL OF THE COLONY OF BRITISH COLUMBIA, AT VICTORIA, VANCOUVER’S ISLAND, THIS THIRD DAY OF DECEMBER, ONE THOUSAND EIGHT HUNDRED AND FIFTY-EIGHT, IN THE TWENTY-SECOND YEAR OF HER MAJESTY’S REIGN, BY ME, (SIGNED) JAMES DOUGLAS, GOVERNOR. [L.S.] {brackets in text} GOD SAVE THE QUEEN.

First customs levies for Colony of British Columbia.

Proclamation. By His Excellency James Douglas, Governor and Commander-in-Chief of her Majesty’s Colony of British Columbia and its Dependencies. Proclamation, having the Force of Law to declare that English Law is in force in British Columbia. Whereas, by an Act of Parliament passed in the Session held in the 21st and 22nd years of her Majesty Queen Victoria, it was enacted that the Territories therein described…

V. [coat of arms A] R. PROCLAMATION. BY HIS EXCELLENCY JAMES DOUGLAS, GOVERNOR AND COMMANDER-IN-CHIEF OF HER MAJESTY’S COLONY OF BRITISH COLUMBIA AND ITS DEPENDENCIES. PROCLAMATION, HAVING THE FORCE OF LAW TO DECLARE THAT ENGLISH LAW IS IN FORCE IN BRITISH COLUMBIA WHEREAS, BY AN ACT OF PARLIAMENT PASSED IN THE SESSION HELD IN THE 21ST AND 22ND YEARS OF HER MAJESTY QUEEN VICTORIA, IT WAS ENACTED THAT THE TERRITORIES THEREIN DESCRIBED SHOULD BE COMPRISED WITHIN THE COLONY THEREBY CREATED OF BRITISH COLUMBIA; ... AND WHEREAS SUCH PROCLAMATION OF THE SAID FIRST MENTIONED ACT HAS BEEN DULY MADE ON THE 19TH DAY OF NOVEMBER INSTANT; ... IT IS THEREFORE HEREBY ENACTED AND PROCLAIMED BY THE GOVERNOR OF BRITISH COLUMBIA THAT THE CIVIL AND CRIMINAL LAWS OF ENGLAND, [apply to British Columbia]. ISSUED UNDER THE PUBLIC SEAL OF THE SAID COLONY, AT FORT LANGLEY, THIS NINETEENTH DAY OF NOVEMBER, 1858, IN THE TWENTY SECOND YEAR OF HER MAJESTY’S REIGN, BY ME, JAMES DOUGLAS, GOVERNOR. {L.S.} . GOD SAVE THE QUEEN.

Established English Law as effective in the Colony of British Columbia.

John Keenlyside Legal Research Collection

  • RBSC-ARC-1300
  • Fonds
  • 1858-1903, 1923-1950.

The fonds consists of legal documents collected by John Keenlyside over the last thirty five years. The documents give insight into the formation of British Columbia's legal system when it consisted of two colonies. The legal records (including writs, testimony, judgements, and other court documents) were produced by judges, magistrates, defendants, claimants, and other relevant parties. Some figures of historical significance who created legal records in this fonds are the first judge in BC, the first Attorney General, and BC's earliest clergy, businessmen, and other prominent figures from the colonial period.

This fonds also consists of documents related to the British Columbia Provincial Police force and various Japanese-Canadian and civil rights groups.

Riviere v. Benoist

File contains: Deposition of Benoist; Bail Bond and Affidavit of J.D. Carroll; Bail Bond and Affidavit of Kaindler; invoice for interpreter services; Interrogatories; (2) Abstract; Appearance and Defense; Affidavit of Rivier; Judge's Order. The plaintiff is suing the Defendant for 104 pounds, 3 shillings and 4 pence for money deposited with the Defendant by the Plaintiff for Defendant's use and for work and labour performed by the Plaintiff for the Defendant at his request.

Newfelder v. Selleck and Rothwell

File contains: Bill of Complaint. The Plaintiff and the Defendants had formed a co-partnership in the city of San Francisco for the purpose of buying and selling grain and flour and other merchandise under the firm name of Russell and Co., which then changed to Rothwell and Newfelder. The business co-partnership ceased operations but has never been wound up and no settlement has been made between the partners. The Defendants moved to Victoria, taking with them the property of the firm of Rothwell and Newfelder but refused to give the Plaintiff an account of their sales. The Plaintiff is suing for damages and for the settlement of all accounts in the co-partnership.

Ghirardelli v. Selleck and Rothwell

File contains: Original Writ of Summons. Ghirardelli complains that the Defendants are indebted to him in the sum of 203 pounds, 2 shillings and 6 pence for debt and costs regarding a piece of property of the Plaintiffs' that had been used by the Defendants.

Proclamation. By His Excellency, James Douglas, Governor of Vancouver Island and its dependencies. Commander-in-Chief, and Vice-Admiral of the same, &c. Whereas, it has been made to appear to me that certain persons in Victoria and elsewhere have attempted to delude the public…

BRITISH COLUMBIA. V. [coat of arms A] R. PROCLAMATION. BY HIS EXCELLENCY, JAMES DOUGLAS, GOVERNOR OF VANCOVER’S ISLAND AND ITS DEPENDENCIES, COMMANDER-IN-CHIEF AND VICE-ADMIRAL OF THE SAME, &C. ... GIVEN UNDER MY HAND AND SEAL, AT FORT YALE, THIS 15TH DAY OF SEPTEMBER, IN THE YEAR OF OUR LORD 1858, AND IN THE 22ND YEAR OF HER MAJESTY’S REIGN. JAMES DOUGLAS. GOVERNOR. BY HIS EXCELLENCY’S COMMAND, WILLIAM MANSON, COLONIAL SECRETARY. GOD SAVE THE QUEEN.

Standard format.

Asserts that all land on Fraser River is vested in the Crown, and any occupation thereof must have the Governor’s assent.

Proclamation. By His Excellency James Douglas, Governor and Commander-in-Chief of Her Majesty’s Colony of British Columbia and its Dependencies. Proclamation having the Force of Law to Indemnify the Governor and other Officers for Acts done before the Establishment of any Legitimate Authority in British Columbia. Whereas, large number of Her Majesty’s subjects and others, have resorted to and settled on the territory now…

V. [coat of arms A] R. PROCLAMATION. BY HIS EXCELLENCY JAMES DOUGLAS, GOVERNOR AND COMMANDER-IN-CHIEF OF HER MAJESTY’S COLONY OF BRITISH COLUMBIA AND ITS DEPENDENCIES. PROCLAMATION HAVING THE FORCE OF LAW TO INDEMNIFY THE GOVERNOR AND OTHER OFFICERS FOR ACTS DONE BEFORE THE ESTABLISHMENT OF ANY LEGITIMATE AUTHORITY IN BRITISH COLUMBIA. ISSUED AT FORT LANGLEY [sic], UNDER THE PUBLIC SEAL OF THE SAID COLONY, THIS NINETEENTH DAY OF NOVEMBER, 1858, IN THE TWENTY-SECOND YEAR OF HER MAJESTY’S REIGN, BY ME, JAMES DOUGLAS, GOVERNOR. {L.S.) . GOD SAVE THE QUEEN.

Act legalizing all actions taken with regard to British Columbia by Douglas and other officials of Vancouver Island Colony.

Supreme Court of Civil Justice

The Supreme Court of Civil Justice was originally established as the Inferior Court of Civil Justice in 1857 by Governor James Douglas to deal with the increasing number of petty claims in Victoria. The court was renamed in 1860. Series consists of records including writs, testimony, judgements, and other pertinent documents related to various cases. These records were produced by magistrates, defendants, claimants, and other relevant (and in some cases historically significant) parties including the first judge in BC, the first Attorney General, the earliest clergy, businessmen, and other prominent figures from this period in British Columbia's colonial history. The materials in this series represent a firsthand look at the business and legal proceedings from the colony's early justice system.

McDonald v. Franklin

File contains: Answers; Petition to Take Testimony. The defendant signed a contract from which it appeared that he had agreed to purchase lots #600 and #601 for an amount of money. The two parties became involved in a dispute over the actual amount.

A Bill For the Passage of an Act respecting the property of Religious Institutions in the Colony of Vancouver Island and its Dependencies. Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Vancouver’s Island, enacts as follows: …

[Royal coat of arms A] A BILL FOR THE PASSAGE OF AN ACT RESPECTING THE PROPERTY OF RELIGIOUS INSTITUTIONS IN THE COLONY OF VANCOUVER ISLAND AND ITS DEPENDENCIES. PASSED THE COUNCIL ON ITS RETURN FROM THE HOUSE OF ASSEMBLY SEPTEMBER 5TH, 1859. E. CRIDGE, HON. SEC’Y.

Rules and Regulation for the Working of Gold Mines. Issued in conformity with the Gold Fields Act, 1859. Whereas, it is provided by the Gold Fields Act, 1859, that the Governor, for the time being, of British Columbia, may, by writing under his hand and the Public Seal of the Colony, make Rules and Regulations in the nature of by-laws, for all matters relating to Mining. …

[Royal coat of arms A] RULES AND REGULATIONS/ FOR THE! WORKING OF GOLD MINES. [thin double rule] ISSUED IN CONFORMITY WITH THE GOLD FIELDS ACT, 1859.[thin double rule] ISSUED UNDER THE PUBLIC SEAL OF THE COLONY OF BRITISH COLUMBIA, AT VICTORIA, VANCOUVER ISLAND, THIS SEVENTH DAY OF SEPTEMBER, IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FIFTY-NINE, AND IN THE TWENTY THIRD YEAR OF HER MAJESTY’S REIGN, BY ME, JAMES DOUGLAS, [L.S.] BY COMMAND OF HIS EXCELLENCY, WILLIAM A.G. YOUNG, ACTING COLONIAL SECRETARY.

Vancouver Island Colony. An Act to remove Doubts as to the Interest of Money in the Colony of Vancouver Island, and its dependencies. Whereas, doubts have arisen as to the legal rate of interest in the Colony, since the abolition of the Usury Laws in England, …

[Coat of arms A] VANCOUVER ISLAND COLONY. AN ACT TO REMOVE DOUBTS AS TO THE INTEREST OF MONEY IN THE COLONY OF VANCOUVER ISLAND, AND ITS DEPENDENCIES. PASSED THE HOUSE OF ASSEMBLY, OCTOBER 29, 1859. JOSEPH PORTER, CLERK OF THE HOUSE.

Proclamation. By His Excellency, James Douglas, Companion of the Most Honorable Order of the Bath, Governor and Commander-in-Chief of British Columbia, Vice Admiral of the same, &c., &c. Whereas, under and by virtue of an Act of Parliament made and passed in the session of Parliament held in the 21st and 22nd years of the Reign of Her Majesty Queen Victoria,…

BRITISH COLUMBIA. V. [Coat of arms A] R. PROCLAMATION. BY HIS EXCELLENCY, JAMES DOUGLAS, COMPANION OF THE MOST HONORABLE ORDER OF THE BATH, GOVERNOR AND COMMANDER-IN-CHIEF OF BRITISH COLUMBIA, VICE-ADMIRAL OF THE SAME, &C., &C. ... 10. THIS ACT MAY BE CITED FOR ALL PURPOSES, AS THE “BRITISH COLUMBIA SMALL DEBTS ACT, 1859.” ... ISSUED UNDER THE PUBLIC SEAL OF THE SAID COLONY, AT VICTORIA, VANCOUVER ISLAND, THIS TENTH DAY OF DECEMBER, IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FIFTY-NINE, AND THE TWENTY-THIRD YEAR OF HER MAJESTY’S REIGN, BY ME, JAMES DOUGLAS, [L.S.] BY COMMAND OF HIS EXCELLENCY, WILLIAM A.G. YOUNG, ACTING COLONIAL SECRETARY. GOD SAVE THE QUEEN.

An Act to make provision for the Registration of Voters, and for other purposes relating thereto. Whereas it is expedient to declare and amend the regulations to be used in the Registration of Voters, Therefore Be it enacted by the Governor, on Her Majesty’s behalf,…

[coat of arms — wide] VANCOUVER ISLAND COLONY. AN ACT TO MAKE PROVISION FOR THE REGISTRATION OF VOTERS, AND FOR OTHER PURPOSES RELATING THERETO. ... PASSED THE ROUSE OF ASSEMBLY, OCT. 7TH 1859, JOSEPH PORTER, CLERK OF THE ROUSE.

Starr v. McCann

File consists of 6 documents: Affidavit of J.H. Starr; Plea-Denial of Plaintiff; Jury List; Abstract of Trial; Summary of Proceedings; Notice of Trial. McCann is indebted to Starr in the sum of 84 pounds, one shilling and 8 pence for money paid by the Plaintiff for the Defendant at the Defendant's request.

Dorman v. Frain et al, owners of the steamship "Caledonia"

File consists of 2 documents: Writ of Summons; Petition of Appeal. Plaintiff was employed by the Defendants as a caulker in construction of the steam vessel "Caledonia". One day, the Plaintiff had to perform some work on the bottom of the ship and the Defendants were to secure the vessel so that the Plaintiff could work safely underneath the ship. The Defendants did not take such care in securing and supporting the vessel. The said vessel fell down on the Plaintiff, crushing and maiming him. The Plaintiff claims 504 pounds, 5 shillings, 5 pence sterling.

Results 1 to 50 of 1933