PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
11 PUBLIC RECORD OFFICE, LONDON
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9285.
SIB,
No. 478A.
(TRINIDAD.)
TREASURY SOLICITOR to TREASURY.
Solicitor's Department, Treasury, September 11, 1867.
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THEIR Lordships have been pleased to refer to me a letter from the Colonial Office of 30th August 1867, enclosing a Despatch from the Governor of Trinidad to the Duke of Buckingham, together with a proposed Ordinance of the Governor and Legislative Council of that Colony for the appropriation of casual revenues, requesting my opinion (as appears by an accompanying memorandum) as to whether I see any objection to the provisions of the Ordinance.
The first nine sections prescribe the mode of procedure to be adopted in finding the Crown's title in the Colony in cases of escheat, and as to these, as a matter of procedure (except as herein-after stated), it does not occur to me to take any objection.
The 10th section empowers any persons claiming title after inquisition found to traverse such finding within three calendar months.
The 12th section provides in effect that if there be no such traverse within the three months the Governor may direct the escheated property to be retained for the public uses of the Colony, otherwise such property is to be sold by public auction, and the proceeds, subject to expenses, to be paid into the Colonial Treasury, I think it may be useful to call their Lordships' attention to the practice in this country in cases of escheat of real property, which is as follows:-
On information of supposed escheat, which is usually given to their Lordships by parties who intend to pray for a grant to themselves, the first step is to take the opinion of the Attorney and Solicitor General as to the case being one in which it will
be proper to issue a commission.
This opinion is transmitted to their Lordships, who, if they think fit, give authority for the issue of such commission. It is the practice to require a deposit of 1001. (to indemnify the Crown against the costs of the proceedings in case of failure) to be made by the parties praying for the grant before such proceedings are commenced. An inquisition is then holden by Commissioners appointed by the Attorney General.
The commission and inquisition when found, with the memorial of the parties claiming a grant, are then laid before the Law Officers for their opinion as to such claims.
If the Law Officers advise a grant, a warrant is prepared and approved by the Attorney General, and submitted to Her Majesty for the Royal Sign Manual.
The costs incurred, plus the 1001. deposit, together with an ad valorem amount in respect of the Crown's share, estimated in proportion to the value of the property, are paid by the grantee previously to the delivery of the warrant to him.
No grant can be made till the Crown's title has been found by inquisition as above stated. The Act 47 Geo. 3. sess. 2. c. 24. limits the description of parties to whom the Crown may make a grant.
No time is limited for traversing the inquisition.
When no grant is made the property (subject to the expenses incurred as above) is handed over to the Commissioners of Woods and Forests, and becomes part of the land revenues of the Crown.
Where a grant is made if there be any surplus, which is sometimes the case when the grant is to trustees on certain trusts, such surplus is also paid over to the Woods and Forests.
Their Lordships will thus perceive the difference between the procedure in this country and that proposed by the Colonial Ordinance, especially as to the three months within which it is proposed to limit the power of traversing in the Colony, the time in this country being unlimited, and also the difference as to the proposed provisions with respect to the ultimate destination of the escheated property.
The limit of three months (unless there may be reasons of policy for fixing it) would appear to be too short.
For instance, suppose a case whero a deceased person whose property is believed to have escheated has relatives in this country or elsewhere out of the Colony, the timo
0 16278.-14. 25.-5.86. G. 51.