2
upon the contracting Governments), whereby the property and rights reserved to the Sultan by Article IV. of the annex to the Convention of June 1878 are commuted by a fixed. annual payment. And we think that, reading this agreement with the prior Convention, it establishes that all mines in Cyprus which, at the date of that Convention, belonged to the Ottoman Crown and State, may now be disposed of by the British Government of Cyprus. We presume that the mines proposed to be leased fall within this description.
2nd. We are of opinion that such mines may be leased by the High Commissioner in Her Majesty's name and on her behalf, under the Public Seal of the Island, pursuant to clause XX. of the Order in Council. No greater rights, however, as regards third parties can be given by such a lease than could have been given by the Sultan prior to the Convention, and any rights acquired under the lease must be held and enjoyed subject to all the limitations and restrictions in favour of third persons which are imposed by the Ottoman law now existing in Cyprus.
3rd. We think that the lease cannot validly guarantee pcssession for a period beyond the British occupation of the Island, and that it would not be binding on the Ottoman authorities in the event of the administration of the Island being retroceded to the Porte, though, of course, when the British occupation comes to an end, treaty stipulations might be made confirming leases granted by the British Government.
4th. We think it would be well that the lease should recite the agreements with the Porte of the 4th June 1878 and 3rd February 1879, and Article XX. of the Order in Council, so that the title of the Government to make the grant should appear on the face of it. And it should be in the form prescribed by Article XX., which it is not at present. We think, too, it should provide that nothing therein should diminish or affect the rights possessed by any persons under the existing laws of the Island of Cyprus.
&c. &c.
The Right Hon. Earl Granville,
Foreign Office.
&o.
We have, &c., (Signed)
HENRY JAMES. FARRER HERSCHELL. J. P. DEANE.
13,371.
No. 235.
(WINDWARD ISLANDS.)
LAW OFFICERS to COLONIAL OFFICE.
express
MY LORD,
Temple, 27th August 1880. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 11th instant, stating that he was directed by your Lordship to to us your Lordship's thanks for the promptitude with which we had reported upon the questions relating to the Legislative Councils of Grenada, St. Vincent, and Tobago.
2. Mr. Bramston was, however, to explain that those three islands formed, with Barbados and St. Lucia, the command of the Governor-in-Chief of the Windward Islands. That the Governor and the Legislative Council possessed almost identical powers in each of those five islands, and that the manner in which those powers were exercised was chiefly regulated by the Royal Instructions issued under the Sign Manual, and by which also the composition of the Councils was determined.
3. That there was much advantage in consolidating all the Instructions upon those subjects, and in including them in one and the same instrument, and as the constitu- tion of the five Legislative Councils was similar, except that as regarded Barbados and St. Lucia it was contained in the now existing Letters Patent, and that as regarded the other three islands it was found in the Orders in Council of 7th February 1877 (a copy of which was enclosed), your Lordship was of opinion that it would facilitate to good government of the Windward Islands if the constitution of all the Councils were also included in one instrument.
4. That Mr. Bramston was therefore to enclose an unfinished draft of the proposed Letters Patent, and to invite our attention to the recitals and to Articles 9, 11, 12, 13 and (MS.) 14, and the draft of an Order in Council, and to request that we would advise your Lordship whether that order might properly be made use of.
5. That he was also to request that your Lordship might be favoured with a reply at our early convenience. Mr. Bramston also stated in a postscript that it should be mentioned that similar Orders in Council would also be obtained for Grenada and Tobago respectively.
In obedience to your Lordship's commands we have the honour to
Report
That we think that the proposed Order in Council may properly be made use of subject to the following observations:-
We think that any alteration in the mode of appointment or in the powers of the Legislative Councils should be the subject of another Order in Council.
We doubt whether it is a compliance with the power which the statute reserves to Her Majesty to provide by the present Order that alterations in the Legislature
or the powers thereof may from time to time be made by Letters Patent.
We would suggest also that it might be expedient to provide that the revocation of the Order of the 7th of February should take effect only on the publication in the island of the Letters Patent.
The Right Hon. the Earl of Kimberley,
We have, &c., (Signed) HENRY JAMES.
FARRER HERSCHELL.
&c,
&c.
▲ 12916.-992. 95.-12/84.
&c.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
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