Begbie to Lytton

Since the interview in wch you did me the honor to signify your intention of recommending me to Her Majesty to be appointed Judge in British Columbia, I have examined the Act just passed for regulating the Colony: and on comparing it with the course wch as I am informed is intended to be followed in working out the Act, the following difficulty has presented itself.
Sect. 4 after reciting the acts of 43 G III. & 2 G. IV. by wch in effect the jurisdiction and the laws of Upper Canada were extended over and established in the territory now called British Columbia, repeals those acts utterly, as from the day on wch this Act shall be proclaimed in the Colony; thereby I suppose (but this is one point upon wch I wish to refer to you for instructions) rendering the whole system of legislation and jurisdiction within the Colony a tabula rosa, upon wch the new system is to be erected.
Sects. 2. & 3. provide how that new system is to be raised. Sect. 2 enacts apparently that Her Majesty in Council may make ordain & establish; and may (subjt &c.) authorize the governor to make ordain & establish all such laws &c. as may be necessary &c. Sectn 3 enables Her Majesty by order in Council to constitute, or to empower the governor to constitute a legislature to make laws &c.
I am informed that this act has already been sent out to the Colony to be proclaimed there. This will have the effect I apprehend of repealing and annulling all the existing laws & jurisdiction. But I am further informed that no new laws &c. have been sent out to the Colony, or made & established by Her Majesty under the first alternative of Sect. 2; but that it is intended that such new laws shall be made & established by the local authorities under Sect.s. 2 & 3.
I am apprehensive that in this manner an interval of time may elapse betwn. the proclaiming of the act, and the promulgating of new laws. I have not of course as yet seen the Commission with wch Her Majesty may be pleased to authorize me; but it appears to me, that if any such interval shall occur, it may be objected that I have no jurisdiction to try offences committed (if offences can be then committed) or to determine the rights of parties under contracts entered into during such interval.
Also it appears that (on the same hypothesis) considerable doubt may be felt as to the law wch is to be applied (assuming that I shall have jurisdiction) in trying and determining such offences and contracts.
I shall be happy to be informed that these doubts are ill founded, or on the other hand, what course I am to adopt under the circumstances.