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May the War Office endeavour to controvert the contention
of this Government that the property does not fall under
the operation of the Circular Despatches of the 9th. June,
1890, and the 30th. December, 1894.
In support of their argument they
quote the 11th. paragraph of the letter from the War
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Office of the 2nd. December, 1908. But in that paragraph
the War Office admit that the case is only analogous to
the cases contemplated by the Circulars the only distinct-
-ion being that the interest of the Colony in Colonial
Military Land proper is the premium plus the Crown Rent,
whereas their interest in the Spring Gardens property is
limited to the Crown Rent".
Paragraph 5 of the Memorandum
enclosed in the Circular of 9th. June, 1890, expressly
excepts lands and buildings "purchased and paid for by the
Imperial Government" and the 8th. paragraph of the same
Circular states that such lands and buildings shall be
separately dealt with.
The later Circular of the 30th.
December, 1894, defines Colonial Military Lands and Build-
-ings, to which alone the Circulars apply as "lands the
fee simple of which is vested in the Crown represented by
the