9971.
PUBLIC RECORD OFFICE
Reference :-
TILLC.O.
· 885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
2
With regard to this objection, I would observe that the right of the Crown acquired by the forfeiture and escheat is absolute on the finding of the inquisition, and that the forfeiture relates back to the period of the commission of the offence, so as to render null and void all grants and conveyances by the felon between the commission of the offence and the conviction. Consequently, if Tawell sold or conveyed the estate in question after the commission of the murder of which he was convicted, such sale or conveyance would be void as against the Crown and its grantees, and would be no objection to the completion of the grant in the terms of the finding of the inquisition.
I am, &c. The Secretary, Treasury.
(Signed) H. R. REYNOLDS.
P.S.-I transmit herewith, for such information as it may afford, a copy of the proposed deed of grant which I have received from the solicitor of the trustees, and which is stated to have been prepared by Mr. Billyard in conformity with the Governor's instructions,
No. 32.
(BRITISH GUIANA.)
1860.
QUEEN'S ADVOCATE to FOREIGN OFFICE.
MY LORD,
Doctor's Commons, August 29, 1860. I AM honoured with your Lordship's commands, signified in Lord Wodehouse's letter of the 11th August instant, stating that, with reference to my report of the 23rd May, he was directed to transmit to me a note from the Portuguese Minister at this 30 July Court, enclosing copies of the correspondence which has passed between the Portuguese Consul at George Town, Demerara, and the Governor of British Guiana, relative to the claim of the former to be allowed to administer to the effects of Portuguese sub- jects dying intestate in that Colony, and demanding that the sums which have been received by the Administrator-General of the Colony from such proceeds be restored to the Portuguese Consul.
Lord Wodehouse was also pleased to request that I would take this case into con- sideration with reference to the treaty of the 3rd July 1842, to which Count Lavradio appeals, and report to your Lordship my opinion thereupon, and as to the answer which should be returned to his representation.
The previous papers relative to this case were enclosed, together with a copy of the Despatch addressed by the Secretary of State for the Colonies to the Governor of British Guiana, in accordance with the suggestions contained in my above-mentioned report.
In obedience to your Lordship's commands, I have taken this case into consideration and have the honour to
Report
That it will be sufficient for the present to inform Count Lavradio that your Lord- ship will cause inquiry to be made as to the conduct of the Administrator-General of Demerara, with reference to the property of Portugese subjects dying in that Colony without heirs; but that your Lordship desires to be informed whether His Excellency means to complain of the personal conduct of the Administrator-General, or of any and what recent alteration in the Colonial law and procedure as to the effects of persons dying there without heirs? And that your Lordship also desires to be in- formed what are the particular cases to which he alludes in which the Administrator General is charged with unduly receiving sums of money to the injury of Portuguése heirs.
His Excellency may be further informed that your Lordship observes that no difficulty has arisen on this subject in any other portion of the British dominions'; and that you have every reason to believe that the Administrator-General o Demerara has not, as regards Portuguese subjects, deviated from the long established and regular legal procedure of that Colony, which is applicable to foreigners as well as British subjects without distinction, that he has not adopted any arbitrary messures,"" and that the Governor has no jurisdiction or authority whatever in the matter in question.
"That your Lordship further observes that His Excellency's observation as to the "fortune of Portuguese subjects, the produce of their industry being dependent on the " will of an officer without competency," appears to be founded on some misconcep- tion; Portuguese subjects voluntarily emigrating to and becoming domiciled in Demerara thereby voluntarily submit themselves and their successors to its laws and are notoriously not procedure, their "fortunes and the fruits of their labour "dependent on the will" of any British officer, but are carefully and effectually pro- tected by the Colonial law, their successions are collected and preserved for the use and benefit of their absent heirs, and are placed as far as your Lordship is aware in this respect, and for the advantage of all parties interested, on precisely the same footing as all other successions in Demerara.
"The Portuguese Consul has taken no legal measures to assert or enforce his right to interfere (if he has any such legal right) and neither he nor any Portuguese subject has preferred before the Governor any charge of malversation or misconduct against the Administrator-General, or any other Colonial authority. That the Administrator
0 16976.-803, 95.--2,86.
• No. 10.