Enclosure.
Copy.
Opinion by the
Acting Attorney General.
4th March, 1890.
I think the commutation of premium by way of addition to the rent reserved is contrary to the instructions referred to, and in particular that part of them which I have underlined in red ink.
On principle, however, I cannot think that this course is objectionable, and as regards the contract with Mr. Denison, I am of opinion that the Government is bound by the condition of sale; on the other hand, on dealing with the property hereafter, an objection might be taken to the title. Mr. Denison will not obtain his lease till he has built, and I would suggest that in the meantime instructions be asked for giving permission to grant land on these terms generally, and giving sanction to what has been done in Mr. Denison's case.
I am not aware of any other case where such a condition has been made, but if so, it had better be covered in like manner, or if the property is not yet put up, the conditions had better be withdrawn pending instructions.
I believe there is some question of this kind in connection with the sale of the property which was to be provided for as Asylum for women and girls.
(Signed) Andrew J. Leach,
Acting Attorney General.
C.O.
6764/78
IR 14 APR 30