il.
:
445
the Colonial Government, but of which the War Department
has a right of perpetual user for purposes of defence"
It is evident therefore that the
property at Spring Gardens does not fall under the Circu-
-lars.
5.
The War Office further argue that
because the Colonial Government agreed to capitalise the
Crown Rent of Mr. Findlay Smith's property (Inland Lot No.
73 B) and of the Mount Austin Hotel property when the
residue of the leases of those properties was purchased by
the War Department from private owners, the Colonial
Government brought those cases under the Circulars above
referred to; and that therefore the contention of the
Colonial Government that the Spring Gardens property
similarly acquired, does not fall under the Circulars is
untenable.
But Sir William Robinson's Des-
-patch
154 of the 10th. May, 1895, and Mr. Meade's
thest in
reply of the 8th. August, 1895, clearly show that Mr.
Findlay Smith's property (and the Mount Austin Hotel pro-
-perty is in the same category) was made the subject of a
special agreement. Sir William Robinson proposed that
following the spirit of the Circular Despatch of the 30th.
December,
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