+
720
under the same conditions is of opinion that paragraph 12
on page 7 of Colonel Lewis' Memorandum expressly excludes
the sites mentioned in it from the operation of the Colo-
nial Office Circulars to which reference has been made.
Major-General Hatton thinks,though no arguments have been
advanced in support of these views, that the Circulars
only apply to those lands set forth onpage 8 of the Memoran
-dum with regard to which exchanges have already been set-
tled, and also that the instancing of a battery on the lat.
page of the Memorandum as belonging to the class of lands
subject to the Circulars excludes from their operation land
which has ceased to form part of the present defences or
in other words that only lands that form part of the pre-
sent defences can be dealt with in accordance with the
Circulars as lands no longer required for military pur-
poses.
5.
It appears to me that there is nothing in
the approval that has been given to Colonel Lewis' Memoran-
dum by the different Departments concerned that in any way
conflicts with the Circulars of 1890 and 1894 as they affect
land in exclusive military occupation and I have the honour
to request your ruling on this point.
6.
I would point out that the adoption of the
view put forward by the Military Authorities as to right of
sale