39
it may be noted that the W.O. interpretation of paragraph 101
of the 1894 Circular is incorrect.
In a court of law the
paragraph would no doubt be regarded as ambiguous; but if
it is taken as a whole it is clear that the word
"transactions" in the first line refers not to the
acquisition of land by the W.D., but to the transfer of
land from the W.D. to the Colonial Government. The
acquisition of plots A
-
F cannot therefore be regarded
as "transactions already closed" within the intention of
the 1894 Circular.
On the other hand, if the right of the W.D. to
dispose of the land for cash be admitted, the Colonial
Government may legitimately require that the W.D. should
now pay for the full leasehold rights, the benefits of
which they claim to enjoy.
The choice is therefore between: -
(a) having the W.D. pay up the capitalised Crown Rent to date, plus a lump sum representing 25 years'
purchase, and acknowledging their right to receive cash
when the land is relinquished;
(b) continuing the waiver of Crown Rent, on the
understanding that the W. D. have thereby a right only to
the user of the land and to a book entry in the M.L.A.
on relinquishment.
The
* "It is not proposed to reopen any transactions already closed and lands which have already passed out of military occupation will remain the property of the Colony, subject of course to any conditions which may have been attached to them at the time when they came into the possession of the Colonial Government."