COPY.
Enclosure 2.
OCI
# Minute by Sir Henry Berkeley.
Hon. Colonial Secretary,
13th January, 1883
I have considered the question submitted by His Excellency the Governor in his minute of 12th December, and am of the following opinion:-
1. Spring Gardens is outside the scope and intention of the Agreement relating to Colonial Military Crown Lands based upon Colonel Lewis's memorandum inasmuch as that Agreement embraces "Colonial Crown Lands" only and does not include lands leased or purchased by the War Department from private persons.
2. Spring Gardens is, so far as regards the title of the War Department thereto, in the same category as "Mount Austin Barracks" described by Colonel Lewis as "Lease-hold property" (page 2 statement of particulars) and should have been similarly described.
3. The error in describing Spring Gardens as "freehold" (page 6 statement of particulars) is apparently due to the fact that Colonel Lewis did not see the records relating to its acquisition by the War Department and was under the impression that there were none (page 6 statement of particulars) whereas as a fact the original Crown Lease and the subsequent assignment thereof to the War Department are both on the register.