4
On the other hand, if the justice of the claim were not admitted by the Colony, it would, as a rule, be difficult to refuse consent to the sale or transfer of buildings or Crown lands no longer required for military purposes, on the ground that the War Department had a disputed claim on the Colony arising out of other transactions.
If, however, under exceptional circumstances, it were at any time considered necessary to adopt such a course, it could be resorted to by the War Department refusing to surrender the lands or buildings for sale until the claims were adjusted.
The object in view could thus be achieved without making any special reservation in the general settlement of this question with the Colonies, while the introduction of such reservations might possibly give rise to objections on the part of the Colonial Governments which would hamper and delay a settlement of the question.
Under these circumstances Mr. Stanhope would urge their Lordships to approve the settlement proposed by the Committee without introducing reservations, which in practice would not be essential, and which might complicate the necessary agreements with the Colonies.
Lands in class (a) from that employed in class (b). Lands in class (4) belong to the Colony, subject to the right of occupation by the military; and the value of this right should be ascertained as compared with the fee simple value, and the Colony should only be held chargeable with the value of the military right of occupation; otherwise, it would, in fact, be asked to pay for its own property.
"As regards lands in class (b), the fee simple is in the Secretary of State for War (unless the grant is for a less estate), and the fee simple value would form the basis of calculation, were it not for the Act 40 and 41 Vic., cap. 23; but, as under that Act, these military lands can be transferred only to the Colony, the Colony had under the Act obtained certain contingent rights, the value of which should be ascertained and deducted in arriving at the sum for which the Colony is to be held chargeable.”
ROBERT G. W. HERBERT.
No. 6.
Colonial Office to War Office."
Downing Street,
No. 7.
War Office to Colonial Office.
War Office,
198
40248 185
Sir,
13th January, 1890. I am directed by Lord Knutsford to acknowledge the receipt of your
40248 letter,* No.
of the 20th ultimo, enclosing a draft of a letter which
174 Mr. Secretary Stanhope proposes to address to the Treasury, relative to the recommendations of the Committee on Colonial Military Contributions, on the subject of Colonial military lands and buildings.
Lord Knutsford would suggest, for Mr. Stanhope's consideration, that the following alterations and additions should be made to the draft.
At the end of the first paragraph insert "the question of the military hospital has been referred to the Colony, and the Governor reported, on the 24th of August, 1889, that he would submit the matter to the consideration of the Council of Government."
Para. 2, "as regards the general view of the subject," the question, &c. (as in the draft).
The words "held under title from the Crown or by grant from Colonial Governments," at the end of para. 2, should be omitted, and the following words inserted in their place, "that is to say, (a) Crown lands occupied by the military authorities without any title-deed; (b) lands conveyed to the Board of Ordnance or Secretary of State for War by grant from the Crown, signed by the Governor. Lands in class (a) remain vested in the Crown, and like other Crown lands, belong to the Colony, but subject to the right of occupation and user by the military. On the cessation of that occupation the title of the Colony would become absolute. Lands in class (b) are, by virtue of the deed of grant, vested in the Secretary of State for War; and the Colony has no title in them unless and until they become vested in the Governor under the Act 40 and 41 Vic., cap, 23."
In para. 4, line 10, the word "power" should be inserted instead of "right" before the words "to grant titles to Colonial Crown lands, &c. ;" and three lines lower down, in the same paragraph, instead of the words "and it may be assumed, therefore, that the right," the words "and it must follow that the power," should be substituted.
Two lines lower, in the same paragraph, the words "law, if there be any," should be inserted instead of the word "custom."
The only other suggestion that Lord Knutsford would ask to make is that the following sentence should be added at the end of the draft :-+
"The draft of the foregoing part of this letter has received the concurrence of the Secretary of State for the Colonies, but Lord Knutsford has observed that a different basis of calculation will be required in respect to
• No. 5.
† Draft of letter which the War Office proposed to address to the Treasury,
Sir,
1. I am directed by the Secretary of State for War to acknowledge the
28th January, 1890. receipt of your letter of the 13th instant, suggesting certain alterations and additions to the draft letter! which he proposed addressing to the Treasury in reply to their Lordships' letterf of the 12th November last, on the subject of Colonial military lands and buildings.
2. Mr. Stanhope is prepared to adopt all the suggested alterations except two, viz., the proposed alteration and addition to the concluding part of para. 2 of his draft letter to the Treasury, and the suggested addition to the end of that draft letter. Both the suggestions deal with the same point, and in order to make the Secretary of State's remarks upon them intelligible, they are repeated here. The suggestion is that para. 2 of the letter to the Treasury should be as follows :-~~
"The question before the Committee related solely to the disposal of Colonial military Crown lands and buildings, that is to say, (a) Crown lands occupied by the military authorities without any title deed; (b) lands conveyed to the Board of Ordnance or Secretary of State for War by grant from the Crown signed by the Governor. Lands in class (a) remain vested in the Crown, and, like other Crown lands, belong to the Colony, but subject to the right of occupation and user by the military; on the cessation of that occupation, the title of the Colony would become absolute. Lands in class (b) are, by virtue of the deed of grant, vested in the Secretary of State for War; and the Colony has no title in them unless, and until, they become vested in the Governor under the Act 40 and 41 Vic., cap. 23;" and that the letter should conclude with the following paragraph:
"The draft of the foregoing part of this letter has received the concurrence of the Secretary of State for the Colonies, but Lord Knutsford has observed that a different basis of calculation will be required in respect to Crown lands in class (a) from that employed in class (b), Lands in class (a) belong to the Colony, subject to the right of occupation by the military, and the value of this right should be ascertained as compared with the fee simple value, and the Colony should only be held chargeable with the value of the military right of occupation, otherwise it would, in fact, be asked to pay for its own property.
"As regards lands in class (b) the fee simple is in the Secretary of State for War (unless the grant is for a less estate), and the fee simple value would form the basis of calculation were it not for the Act 40 and 41 Vic., cap. 23; but, as under that Act, these military lands can be transferred only to the Colony, the Colony has, under the Act, obtained certain contingent rights, the value of which should be ascertained and deducted in arriving at the sum for which the Colony is to be held chargeable."
(595)
* No. 6.
Enclosure in No. 5.
‡ No. 4.
B
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