952.
PUBLIC RECORD OFFICE
C.O.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
No. 269.
(NEWFOUNDLAND.)
}
LAW OFFICERS to COLONIAL OFFICE. MY LORD,
We were favoured with your Lordship's commands signified in Mr. Bramston's
Temple, 14th January 1882. letter of the 29th ultimo, stating that he was directed by your Lordship to transmit to us a copy of a Despatch which was addressed to the Governor of Newfoundland in August last, authorising on certain conditions the issue by the Government of New- foundland of grants of land on the west and north-east coasts of that island, where the French enjoyed certain rights connected with the fisheries under treaties between France and this country.
That we would observe that the Colonial Government were requested to prepare and submit for the approval of Her Majesty's Government a form of grant or lease, reciting all the articles of the treaties between Great Britain and France relating to the fisheries, and the declaration and counter declaration of 1783, and further, that the lands should be granted subject to the rights secured to the French thereby, and to the orders and directions which Her Majesty's Government might from time to time make in relation thereto.
That the enclosed draft form of land grant had accordingly been drawn up by the Colonial Government of Newfoundland, and Mr. Bramston was desired to request that we would favour your Lordship with our opinion whether such form of grant was proper and sufficient, especially in reference to the first proviso, upon which the following points appeared to arise :—
1. Whether in view of possible arrangements with the French Government in relation to the shore on that part of the coast to which their rights extended, the grants should not be made subject to such" rules and regulations" as might at any time and from time to time be issued by or on behalf of Her Majesty's Govern- ment for the purpose of securing to the French the full enjoyment of their treaty rights, and for preventing any interruption to them in the exercise of their said rights, and also subject to any special orders and directions for the like purpose which might be issued in like manner with reference to any particular grant or to any particular locality.
2. Whether there should not be a covenant in the grant binding the grantee to observe such rules, regulations, orders, and directions, under penalty of re-entry by the Crown.
3. Whether the grant should not also contain a declaration that it should not be competent to the grantee to dispute the validity of any such rules, regulations, orders, and directions, if purporting to be issued for the purposes aforesaid, but that the same should be deemed absolutely binding on him from the date at which they were notified to him by publication in the Gazette, or of a special character by notice left on the land.
4. Whether the "rules and regulations" should not provide for the granting of permits to build, and for the revocation of such permits by the Government, and the removal of buildings on proper terms as to compensation.
That Mr. Bramston was to request our advice whether it would be desirable that the grant should be made in form of a lease for a term of 999 years, with the necessary covenants, provisoes, declarations, rather than as a grant in fee simple, to which the covenants and restrictive clauses would appear to be technically less applicable.
That Mr. Bramston was to explain in reference to No. (3) that it was, in the opinion of Her Majesty's Government, very necessary to preclude the possibility of any question arising out of those grants which would necessitate a decision by the Colonial Courts as to the extent of French rights under the treaties and declarations, and to inquire whether the effect of No. (3) could be adequately obtained by a proviso in the grant, or whether it would be better to urge the Colonial Legislature to enforce it by enactment. That your Lordship would be glad to be favoured with our opinion on the matter at our earliest possible convenience, as the Government of Newfoundland were very
▲ 12916.-349. 25-19,84.