PUBLIC RECORD
OFFICE
Reference :-
C.O.
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
desirous that the form of grant should be settled without delay, and that your Lordship would be glad if we would favour your Lordship with any general observations on the subject which might appear to us to be desirable.
In obedience to your Lordship's commands we have the honour to
Report
That we have taken into consideration Mr. Bramston's letter of 29th December 1881, and have to observe that we think it will be desirable that a lease for a term of years should be substituted for a grant, and that the lessee should be a party to the instru- ment, and bind himself to the covenants contained in it. If, however, there should be on the part of the Colonial Government & strong preference for the making of grants rather than leases of the lands in question, we think that the same objects might be accomplished by inserting a condition that, on breach of any of the covenants or stipulations, the grant should become void, and the land should forthwith thereupon
re-vest.
We are also of opinion that the suggestions contained in paragraphs 1, 2, 3, 4, should be carried into effect. The lease should be made dependent upon the observance by the lessee of any rules, orders, and regulations which at any time and from time to time may be made and issued by or on behalf of Her Majesty's Government, to declare, control, protect, regulate, or affect the right of the French under any existing or future treaty, and like observance should be obtained for any special rule, order, regulation, or direction affecting any particular holding or locality.
The lease may also contain a covenant that no building should be erected except by permission of the lessor, or in pursuance of the rules and regulations, and that such building may be removed on due compensation being paid.
The lessee should covenant to fulfil and obey all such rules, orders, regulations, and directions as may be issued, and which should be absolutely binding upon him without his having any power of questioning their validity or applicability.
If these covenants be entered into, and power of re-entry given in the event of their non-fulfilment, it does not occur to us that any legislation will be necessary.
We have, &c.,
(Signed)
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
HENRY JAMES. FARRER HERSCHELL.
5264.
No. 270.
(GENERAL.)
(VICTORIA.)
LAW OFFICERS to BOARD OF TRADE.
Gulf of Finland.”
(Opinion.)
We are fully sensible of the inconveniences which may arise from the decision
Temple, 14th January 1882. of the Supreme Court of Victoria, and that it may in a great measure render the provisions of the Merchant Shipping Acts with regard to inquiries into shipping disasters in the Colonies nugatory. But there seems to be no middle course between holding that the power of the Colonial Shipping Courts is limited to the extent determined by the judgment of the Supreme Court, or extending that jurisdiction into inquiries into shipping disasters no matter where they may have occurred, even if on the coast of Great Britain, and although there should have been an opportunity of making an investigation in this country. Under these circumstances we do not think it probable that the judgment of the Colonial Court could be successfully impeached; for it is to be observed that section 242 of the Merchant Shipping Act, 1854, does not confer any power on the Colonial Courts, but only gives a certain effect to a report made by those Courts "when authorised by the legislative authority of any British possession to make inquiry.' Their authority, therefore, is derived from the Colonial Legislature, and must be subject to the ordinary limits which control Colonial legislation.
The difficulty can, we think, only be successfully met by legislation. When the disaster occurs on or in the neighbourhood of the coasts of the Colony, or when the first port at which the vessel arrives after the disaster is within the Colony, then it would appear reasonable that the inquiry should take place in the Colonial Court.
(Signed)
HENRY JAMES. FARRER HERSCHELL. A. L. SMITH.
▲ 19916.-950. 25.-12/84.