1
7855.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
SIB,
No. 125.
(CEYLON.)
TREASURY SOLICITOR to TREASURY.
Treasury, July 19, 1862. My Lords have been pleased to refer to me the letter, noted in the margin, from the Colonial Office with its enclosures, containing an application from Mr. A. Maclean, for the grant of certain property left by his alleged illegitimate son, in Ceylon, in which island he is stated to have died intestate in April 1859, and which is represented
to have reverted to the Crown.
I would humbly submit that, under existing circumstances, the Crown has no power to make the grant desired.
The alleged intestate, Hugh Maclean, is stated to have died intestate in Ceylon, seized and possessed of real and personal property in the island of considerable value; but it appears by the Report of the Queen's Advocate of the island, that the landed property under the old Dutch law there prevailing of a bastard intestate belongs to his mother or her heirs. Whether the personal property belongs to the mother and ber relatives, or to the Crown is not stated. But I conceive that, under the state of the law prevailing in the island, it cannot be assumed that the Crown is entitled to any of the property of the deceased so as to render it, without further inquiry, a proper subject of Royal grant.
I would submit that, in analogy to the course taken in this country and also in most of the colonies, it should be referred to the Queen's Advocate in the island to report to the Colonial Government, whether this appears to be a proper case for an inquiry, in the nature of an inquisition of eacheat, and whether the Crown is entitled, by virtue of its prerogative, and according to the law of the island, to the real or personal pro- perty of the deceased; and in case he shall consider it a proper case for such a proceeding that an inquisition of office should be held for the purpose of inquiring as to the death, legitimacy, and intestacy of the deceased, and whether he left any heir, and whether any and what property of which he was seized or possessed, has devolved to the Crown.
The decision on Mr. A. Maclean's application should stand over until a report has been obtained from the Governor of the island on the subject of the inquiry suggested.
I am, &c. The Secretary of the Treasury.
(Signed) H. R. REYNOLDS.
• 16978-748.
25.-2/86.
10 PUBLIC RECORD OFFICE, LONDON
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