Collier and Attorney General to Cardwell

We are honored with Your commands, signified in Sir Frederic Rogers's
letter of the 5th of October, instant, stating that he was directed
by you to transmit to us the accompanying copy of a Despatch from
the Governor of Vancouver Island, enclosing a correspondence relative
to the power of the Government of the Colony to collect arrears of
the Tax on Real Estate in the Colony under the Act passed by the
Legislature in December 1862, entitled "An Act to amend the Real
Estate Tax Act 1860."

Sir Frederic Rogers was also pleased to state that he was desired to
call our attention to the 42nd, 45th, 47th, and 53rd Sections
of this Act, and to the opinion expressed in the letter from the
Chief Justice dated the 26th of July, 1864, to the effect that the
Legislature of Vancouver Island had not authority to make Real
Property in the Colony alienable for a charge which is only a
personal one in this Country.

Sir Frederic Rogers was further pleased to enclose copy of an
Imperial Act passed 28th of July 1849 "To provide for the
administration of Justice in Vancouver Island," and also an extract
from the Commission appointing James Douglas Esquire to be Governor
and Commander in Chief of Vancouver Island, and empowering the
Legislature of the Colony to make Laws; and to request that we would
take these papers into our consideration, and inform you whether we
consider that there is any reason for doubting the validity of the
above cited clauses of the "Act to amend the Real Estate Tax Act
1860."

In obedience to Your commands we have taken this matter into
consideration, and have the honor to
Report

That we are of opinion that it was competent to the Legislature
of the Colony to pass the "Act to amend the real Estate Act 1860" in
its present shape; and that having been assented to by the Governor,
and not disallowed by Her Majesty that Act ought to be enforced.
Whatever may have been the opinion of the Chief Justice on the
subject of its policy he would be highly culpable if he were to allow
that opinion to influence him in the discharge of the plain duty now
cast upon him to give effect to its provisions in any case which may
come before him: and if he conceives that, (as a matter of law), this
Act is "repugnant," and not "as near as may be agreeable" to the Law
and Statutes of the United Kingdom in the sense of the words of
limitation contained in the Governor's Commission of the 16th May
1851, we are but repeating (in a much clearer case) what we have
already advised upon similar questions arising in the Australian
Colonies, when we express our very decided dissent from such a view.