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OF THE

JOURNALS

OF THE

LEGISLATIVE ASSEMBLY

OF THE

PROVINCE OF CANADA.

FROM the 20th DAY of MAY to the 30th DAY of AUGUST,

BOTH DAYS INCLUSIVE,

And in the Fourteenth f. Fifteenth years of the Reign of our Sovereign Lady

QUEEN VICTORIA.

BEING THE 4th SESSION OF THE 3rd PROVINCIAL PARLIAMENT OF CANADA.

SESSION, 1851.

Printed by the Order of the Legislative Assembly.

Vol. 10.

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TO AN ADDRESS OF THE House of ASSEMBLY TO His EXCELLENCY THE GOVERNOR GE-
NERAL, dated 23rd July, 1851; for “Copies of all Correspondence that has taken place between
“ Her Majesty's Government and this Province, on the subject of the Act of this Legislature
“authorizing a private Company to construct a Railway betwen Halifax and Quebec.”

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This communication has been sent to me from the EXTRACT of a Report of a Committee of the Honorable
Colony by the writer, and has not been transmitted

the Executive Council on Matters of State,
through you, according to the established rule of dated 30th June, 1849, approved by His
Colonial correspondence; I have therefore to desire

Excellency the Governor General in Council
that you will inform the writer that his letter cannot on the same day.
be noticed for this reason, and that if he wishes the
case to be considered, it is necessary that he should Upon Your Excellency's referenceof certified copies
forward a fresh application through you in the regu- of certain documents deposited with the Commis-
lar manner, which will enable the Secretary of State sioner of Crown Lands, on 20th June instant, by
to receive, at the same time, those explanations and Mr. Josiah Timmis, Secretary of the Provisional
remarks from the Governor, without which no deci- Committee of the Canada, New Brunswick, and
sion can be adopted.

Nova Scotia Railroad Company, the Report of the

Law Officers of the Crown on the same, and a letter
I have, &c.,

from Mr. Timmis to Earl Grey of the 10th May

last, also laid before the Committee by Your Excel-
(Signed,) GREY. lency's command, the Committee beg leave to report:
The Earl of

That it appearing that the deposit of the docu-
Elgin and KINCARDINE,

ments referred to was not a sufficient compliance
&c., &c., &c.

with the requirements of the Act of 10 & 11 Vic.,
cap. 122, and that the Charter of the said Company
has in consequence been forfeited, the Committee
recommend that Mr. Timmis be informed of the

same.
(Copy.)-No. 83.

As respects the letter of Mr. Timmis to Earl Grey,
GOVERNMENT HOUSE,

the Committee, while they retain the opinion formerly
Montreal, 1st July,

expressed of the importance of this work in a national My LORD,

point of view, entertain but small hopes of its being

undertaken with any prospect of success, unless Her With reference to Your Lordship’s Despatch, No. Majesty's Government shall be induced to recom348, I have the honor to forward a letter [ioth May mend it to the favorable consideration of the Imaddressed to your Lordship by Mr. Josiah Timmis, perial Parliament. The Committee would therefore requesting the aid of the Imperial Government on beg leave to refer to their former approved Minutes behalf of the Canada, New Brunswick, and Nova of the 24th June and 20th December last, on this Scotia Railroad Company, and a copy of a Report subject, and also to the Act of last Session (12 Vic,

Appendix cap. 29). By this Act provisioa ertake the construc- forward, which will enabl

cap. 29). By this Act provision is made, that if Her | case to be considered, it is necessary that he should

, Appendix (A.A.A.) Me 1.A.) Majesty's Government shall undertake the construc- || forward a fresh application through you in the regular (A.A.A.)

tion of the said Railroad, either directly or through manner, which will enable the Secretary of State to July. the instrumentality of a private Company, it shall || receive, at the same time, those explanations and

29th July be lawful for the Governor in Council, on behalf of remarks from the Governor, without which no decision the Province, to undertake to pay yearly, in propor- can be adopted. tion as the work advances, a sum not exceeding £20,000 Sterling towards making good the deficiency

I have, &c., (if any) in the income from the Railway, to meet

the interest of the sum expended upon it, and to
· place at the disposal of the Imperial Government all

(Signed,) GREY.
the ungranted lands within the Province, lying on the
line of the Railway to the extent of ten miles on

The Earl of
each side thereof, and to undertake to obtain, pay

ELGIN and KINCARDINE, for and place at the disposal of the Imperial Govern

&c., &c., &c.
ment, all the land required within the Province for

Canada.
the line of the Railway and for proper termini,-
such is the extent to which the Province bas agreed
to assist the undertaking, and such the condition
upon which alone it has consented to do so.
Certified.

No. 116.

GOVERNMENT HOUSE,
(Signed,) J. JOSEPH,

Toronto, 21st Nov., 1849.
C.E.C.

MY LORD,
To the Honorable
The Provincial Secretary.

With reference to Your Lordship’s Despatch, No.
420, of the 23rd September, I have the honor to
enclose herewith a copy of the communication (copy
of No. 5230, and enclosure in original] addressed to

Your Lordship by Mr. Josiah Timmis, on the 30th
No. 399.

of August last.

M. Pour to Long to be

DOWNING STREET,

It appears from Mr. Timmis' letter to myself, that 23rd July, 1849.

he put me in possession of this communication at MY LORD,

the time at which he originally transmitted a copy

to Your Lordahip, requesting me to forward and re-
I have the honor to acknowledge the receipt of your

commend it. From the letter of my Secretary to
» Despatch, No. 83, of the 1st instant, and I have to re-
quest that Your Lordship will acquaint Mr. Timmis,

that gentleman, dated the 1st September, of which

a copy is herewith enclosed, you will observe that I in reply to his letter, that I concur in the views ex-lo.

| declined to comply with the latter part of his request;
pressed by the Committee of the Executive Council

and my Secretary, on whom he afterwards called,
of Canada in their Minute of the 30th June, and
that it is not therefore in the power of Her Majesty's || be forwarded without such recommendation.

was under the impression that he did not wish it to
Government to exercise any interference in the
matter.

I have the honor to be,
I am, &c.,

My Lord,
(Signed,) GREY.

Your Lordship’s

Most obedient humble Servant,
The Right Honorable
The Earl of ELGIN,

(Signed,) ELGIN AND KINCARDINE.
&c., &c., &c.

| The Right Honorable Earl GREY,

Secretary of State,

&c., &c., &c. No. 420.

DOWNING STREET,

23rd Sept., 1849.
My LORD,

No. 439.
I have received from Mr. Josiah Timmis, a letter

DOWNING STREET,
dated the 30th of August last, bringing under my

26th Dec., 1849.
consideration various questions connected with the
Canada, New Brunswick, and Nova Scotia Railway My LORD,
Company.

I have the honor to acknowledge the receipt of
This communication has been sent to me from the Your Lordship’s Despatch, No. 116, of the 21st
Colony by the Writer, and has not been transmitted November, and I have to request that you will ac-
through you, according to the established rule of quaint Mr. Timmis, in reply to his letter of the 30th
Colonial Correspondence, I have therefore to desire || August, that it is not in the power of Her Majesty's
that you will inform the Writer that his letter cannot Government to exercise any interference with res-
be noticed for this reason; and that if he wishes the pect to his application; and I can only therefore

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