Murdoch to Rogers (Permanent Under-Secretary)

In my letter of 17th instant I mentioned that we had been in
communication with the Hudsons Bay Company on the subject of the
reconveyance of Vancouvers Island to the Crown, and that we had
prepared a Deed for the purpose. The Draft of this Deed we
communicated, unofficially, to Mr Maynard the Solicitor of the
Company, in order that the Company might supply a Map or plan showing
distinctly the blocks or Lots of Land which they claim to have
excepted from the reconveyance, in virtue of the Agreement of 3rd
February 1862.

2. We have just received back from Mr Maynard the two accompanying
Maps which show the exceptions as claimed by the Company. These
consist of two whole sections marked 31 and 32 on the official plan
of the Island, and the greater portion of section 18 in which the
Town of Victoria is situated. The three sections are in the District
of Victoria, and all the lots in section 18 which have been sold by
the Company previous to the 1st January 1862, or are to be retained
by them under the agreement of February of that year, are coloured
pink and marked respectively with the letters H.B.C. If these plans
be correct there will be no difficulty in the reconveyance as far as
the parcels are concerned. But from a recent Despatch from the
Governor of Van Couvers Island on which I reported in my letter of
17th inst, it appears that the Company's Agent in the Island had
declined to produce to the Colonial Authorities any evidence of the
Sales made by the Company previous to the 1st January 1862. Until
this evidence is produced the accuracy of the Plan now furnished by
the Company cannot be tested. The want of this evidence has, as the
Governor reports, been the cause of the delay in sending home the
Deed of reconveyance which has been prepared in the Colony.

3. I enclose a Draft of the Reconveyance which we have prepared with
the two plans furnished to us by the Company's Solicitor. In a
matter of so much importance I presume that Mr Cardwell would wish
to submit the proposed Draft for the opinion of the Law Officers of
the Crown. Should they consider it sufficient in form and legal
effect, I would submit that it be communicated to the Company for
their approval, with an intimation that it would be forwarded to the
Governor for verification as to the Lands proposed to be excepted
from the Reconveyance, before it is finally submitted to the Company
for execution.

4. I beg to add that we have no copy of the enclosed Plans nor have
we in this Office any means of getting them copied. It would,
however, be obviously desirable that copies should be retained here
or in the Colonial Office when those now enclosed are forwarded to the
Colony.