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would be added to the conditions of sale and he has accepted
them. As the applicant wished the transaction to be concluded
the land was put up to auction and was bought by hin.
3.
I have, therefore, replied to the Military
Authorities accepting the conditions in this case but pointing
out that the acceptance is made without prejudice to the con-
sideration of the question upon what terms clearance rights
round the Mount Davis Battery are to be recognised.
4.
If the proposals made by Sir F. Lugard are still
open to discussion I would remark that I do not like the
suggestion made in them that the Lewis Agreement should be dis- turbed by seeking to impose new conditions governing the Mili-
tary Reserves recognised by it.
I am of opinion that the contention that the
Lewis Agreement refers only to the transactions dealt with in it, and not to transactions after its date, should be insisted
upon; that therefore the War Department should, in future, pur- chase any Crown land of which they desire the exclusive use in accordance with paragraph 9 of Mr. Chamberlain's despatch No.
337 of the 24th October, 1900; and that no more Military 10364
20 Reserves should be created. At the same time I recognise that
in certain cases clearance rights involving (a) the actual removal of buildings in case of hostilities or (b) repudiation
of responsibility for damage by gun fire in peace or war,
(c) use by the Military Authorities of the buildings, or evacuation of them by the occupiers, in the event of hostili- ties, may be granted by the Colonial Government without con-
If this is not done sideration from the Military Authorities.
or
it seems to me that unreasonable expense may be cast upon the War Department by the purchase of land to keep clear the line of fire from batteries, and that they may be involved in expen-
sive claims for damage due to heavy gun fire.
5.
It is desirable that this question should be
settled