9716.
MY LORD,
No. 785.
(WESTERN AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE. We are honoured with your Lordship's commands, signified in Mr. Holland's
Temple, September 29, 1872. letter of the 18th instant, stating he was directed by your Lordship to transmit to us a copy of a Despatch from the Governor of Western Australia, enclosing an opinion and judgment in the special case of Clayton v. Higham, and requesting for his (the Governor's) information the opinion of the Law Officers of the Crown.
And that your Lordship requested us to furnish you with our opinion on the ques- ions involved.
In obedience to your Lordship's commands we have the honour to
Report
That we think the judgment of the Australian Court is right, and that the district boards cannot take materials under the reservations in the grants without the sanction of the Governor. We may observe, in addition to the reasons mentioned by the Court to show that the rights of the Crown are not transferred to the district boards, that by section 3 of the Act the right of the Government to make or repair the main roads is reserved, and the materials in question might be required and used by the Govern- ment in exercise of such reserved right.
The Right Hon. the Earl of Kimberley.
We have, &c. (Signed)
J. D. COLERIDGE.
G. JESSEL.
0 16278.--665.
25.-3,86.
PUBLIC RECORD OFFICE
Reference :-
EPELTIC.O. 885
سسسلسا
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NÓT TO