British Government would pay for the removal
of Vancouver Island criminals to Australia.
Lytton responded that the colony’s prisoners
would have to be sentenced to hard labout.

Lockups were set up to deal with the influx of
miners. These lockups held offenders awaiting
trial and certain prisoners sentenced to short
terms. Tenders were called for the first lockup,
in addition to a small church, parsonage and
courthouse. These tenders occurred in the town
of Fort Langley in November 1858. By
year-end, a second lockup was constructed at
Lytton,

The justice system on the mainland continued
to evolve, with the following appointments:

» Matthew Baillie Begbie!® became Chief Justice
of British Columbia in September 1858;

» Chartres Brew,!! an inspector in the Irish
Constabulary in Cork, set up the B.C. Police
force. He became Inspector of Police and
Chief Gold Commissioner;

» Wymond O. Hamley became Collector of
Customs;

a Warner Reeve Spalding was appointed Justice
of the Peace and stipendiary magistrate in
April 1858. He arrived in New Westminster
in December 1859;

» Judge Begbie set up a judicial system similar
to what was developed for Vancouver Island
in 1853 by Chief Justice Cameron; and

» George Hunter Cary was appointed Attorney
General of British Columbia the year after
Judge Begbie arrived.

Meanwhile, concern was expressed about the
huge influx of miners unaccustomed to the rule
of British law. A regular military force—a
detachment of 165 Royal Engineers from
England—was requested in the summer of
1858 to help maintain law and order. Colonel
R.C. Moody, the Commanding Officer, arrtved
in advance of the majority of his troops in
December 1858. His effort was in vain. Sir
Edward Lytton, British Secretary of State,
vetoed the Royal Engineers on the basis that a
local force should be set up.

Douglas formed a new constabulary to contend
with the legion of gold miners. The
organizational structure consisted of a
superintendent, chief constable, sergeant, five
constables and staff to maintain the gaol at
Victoria, All prisoners were initially brought to
this gaol for trial and incarceration. The
constabulary became known as the B.C.
Provincial Police.

To assist with the administration of justice, the
Goldfields Act was proclaimed in 1859, Gold
commissioners and assistant commissioners
were appointed to grant licences for mining,
Assistant gold commissioners were placed in
each mining community, where they performed
a variety of duties.

In the absence of judicial or executive authority,
the gold commissioner acted as both governor
and judge. As a stipendiary magistrate, each
commissioner carried out the judicial duties of a
justice of the peace. Another responsibility was
settling mining and civil disputes involving
sums less than the equivalent of $200 in
sterling. The gold commissioner collected

10 Begbie was selected by the colonial secretary and commissioned by Queen Victoria to be a judge in the colony
of British Columbia, Prior to his arrival in British Columbia, he served at the bar in London.

11 Brew had been an inspector in the Irish Constabulary in the city of Cork, a position he had held since 1857.

Corrections in British Columbia