445
it is par. 56-60 of Report Sec. 5.
Take in freeholdings as drm so 宏 land ceases to be required, for this came to by the War Office, the Treasury and the Colonial Office as to the terms upon which military properties should be surrendered to the Colonies, if no longer required for defence purposes. This agreement was embodied in a Memorandum and transmitted to the Colonies concerned in a Circular despatch from the Secretary of State for the Colonies dated 9th of June 1890 - and the dispute arises upon this Memorandum.
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(see page 15 of Report). It comes further that the War Office asserts that this striking distinction is immaterial because as long as the War Department use the land it is valueless to the Colony, and the Colony could do nothing until the War Department vacates its use. When the War Office frees this asset from its use, the Colony comes into possession of its full value, because it is then free to sell it at its fee simple value. That is its value to the Colony and that is its value to Crown.
The Colonial Office comes firmly that the right of user is limited to a particular purpose - defence, and ceases when that particular purpose is no longer required.
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