3898.
། ?། ། །
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
1
SIR,
No. 194.
(FIJI.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 12th March 1879.
No. 25. 1st Feb-
We were honoured with your commands, signified in Mr. Bramston's letter of the 7th ultimo, stating that he was directed to transmit to us the accompanying copy ruary 1878. of a despatch from the Governor of Fiji transmitting an Ordinance to regulate Attorney. the acquisition of land by the Crown for public purposes," with a copy of the report by the local Attorney-General.
Gene- ral's Report. C.O. to Bir A (Fordon, 19th October 1878,
enclosing de
Bir A. Gordon to
spatch to Mr. de
5th June 1878.
2. That Mr. Bramston was also to transmit a copy of a letter on the subject addressed to Sir Arthur Gordon, who was in this country, with so much of a letter Vuz, No. 50. from him in reply as related to the provisions of that Ordinance, together with a copy of the Deed of Cession which was referred to in the correspondence.
3. That you were of opinion that the evils against which Sir Arthur Gordon desired to guard were so far real that if the measure which it was proposed to adopt, or any other which could be framed with the same object, could be considered free from the objections which might be raised against the compulsory purchase of private property at a price not actually ascertained to be its fair value at the time of purchase, it would be very desirable that such a measure should be sanctioned.
4. That in the event of our considering Section XII. inadmissible concurrently with Section XIII. you would consider an enactment to the effect of the latter section calculated to afford much protection to the Government.
5. That Mr. Bramston was to request that we would favour you with our opinion whether the present Ordinance might properly be submitted for Her Majesty's confirmation, and if Sections XII. and XIII, or either of them appeared open to objection, whether we could suggest any modifications in the provisions of the Ordinance or any preferable measures by which the Colonial Government might be saved from being compelled to pay unfair prices for land required for public purposes. In compliance with the request contained in Mr. Bramston's letter we have the honour to
Report
That in our judgment Sections XII. and XIII. of the Fiji Ordinance, No. 1 of 1879, are both open to the objection that they involve the confiscation of private property, nor do we think that any sum less than the real market value of land is a “reasonable sum within the meaning of the Deed of Cession.
"
With regard to the evils arising from fictitious sales, which are described by Sir A. Gordon, we may observe that arbitrators ought not to allow their estimate of the value of land to be influenced by such sales. The price given for land at a recent sale is only evidence of its value. If there is any reason to suspect collusion such evidence becomes worthless, and the arbitrators must determine the true value from other considerations.
For the reasons stated we think that the Ordinance in its present form ought not to be submitted for Her Majesty's confirmation.
The Right Hon.
Sir Michael Hicks Beach, Bart., M.P.,
&c.
&c.
&c.
We have, &c., (Signed) JOHN HOLKER.
HARDINGE S. GIFFARD.
See p. 20 of print
C.O., 9 January 1870. Deed of Cossion.
annexed.
A 19916.-185, 25.-12/84.