6647.
SIR,
No. 515.
(BARBADOS.)
TREASURY SOLICITOR to TREASURY.
Treasury, June 18, 1868. THEIR Lordships have been pleased to refer to me, by Minute dated 1st June 1868, a letter, dated May 1868, from the Colonial Office to their Lordships, enclosing a Despatch of 23rd April 1868 from the Governor of the Windward Islands to the Duke of Buckingham and Chandos, forwarding authenticated copies of an Act passed by the Legislature of Barbados, entitled "An Act to declare the law and practice in cases of escheat," together with the usual report thereon from the law officer, and other documents relating to Ordinances of other Colonial Legislatures on the same subject, all of which are herewith returned.
I beg to-
Report
PUBLIC RECORD OFFICE
Reference :-
TILLC.O. 885
لسل سلسائلين
11. PUBLIC RECORD OFFICE, LONDON
That I have read the copy Act enclosed and the Attorney General's Report thereon, and referred to my previous Reports on the Trinidad and Tobago Ordinances.
I would respectfully call their Lordships' attention to my Reports of 11th September 1867 on the Trinidad Ordinance, and of the 9th November 1867* on the Tobago Ordi- nance on the Law and Practice of Escheat in those Colonies.
In my Report on the Trinidad Ordinance I called their Lordships' attention to the practice in cases of escheat of real property in this country.
In the Barbados Act now referred to me I find that it is provided (section VIII.) in effect that if the finding on any inquest under the Act be in favour of the Crown, a claimant to the premises is entitled to traverse such finding within 12 months after such finding, and (by section IX.) if there be no traverse within 12 months, or in case the finding on any traverse be, in favour of the Crown, the "casual receiver " may seize and sell the escheated property, and (after deducting expenses) the proceeds are to be paid and applied as Her Majesty may direct.
In the St. Vincent Ordinance (as pointed out by the Attorney General of Barbados in his report on the Barbados Act, now before me) the corresponding time for travers- ing was fixed at three months, and in the Trinidad and Tobago Ordinances at the same time.
The 4th clause of the Barbados Act extends the time of notice from seven days allowed in the other Ordinances to three months, and further provides for publication of notice in the "Official Gazette," so that the utmost limit of notice to relations or other interested parties allowed by this Act is 15 months, at the expiration of which they are absolutely precluded from questioning the escheat.
In this country the time for traversing the inquisition is unlimited.
This Act authorises the proceeds of escheated property "to be applied as Her Majesty may direct," which, I presume, would enable Her Majesty to make grants to claimanta in accordance with the practice in this country.
By the Tobago Ordinance and a subsequent Act of the Tobago Legislature, the proceeds of escheated property go to the public Treasury for the public uses of the Colony; and by the Trinidad Ordinance such proceeds are to be paid into the Colonial Treasury.
I understand that this is in accordance with the present practice by which the Colonial authorities are allowed to dispose of the casual revenues of the Colony.
If this be so, whether the provision in the Barbados Act, authorising Her Majesty to direct the application of the proceeds of escheated property, which does not appear to coincide with such practice, is in accordance with public policy, is a question on which I do not presume to offer an opinion.
On this point I would beg, however, respectfully to call their Lordships' attention to the opinion of the Law Officers of the 30th April 1866 (which was not included in the reference to me, but which I have obtained from the Treasury, and herewith return), and to the copy of Treasury Minute thereon of 21st May 1866.
• No. 478a and 481.
0 16378.--401. 95.-5/86.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
The provision (in clause 4) requiring publication of notice of holding inquests in the Official Gazette " is, I think, a good one.
1
There are no other points which appear to call for further observations from me.
The Secretary, Treasury.
I am, &c.
(Signed) A. K. STEPHENSON.
*