44654.
PUBLIC RECORD OFFICE
وا
Reference :-
www.C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
LONDONI
PRINTED FOR HUS MAJESTY'S STATION · BY OFFICE,
BY DARLING & SON, Ltd., 31-40, Bacon STREET, E.
1901.
SIB,
No. 121.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to-COLONIAL OFFICE.
[Royalty upon timber cut in Christmas Island.]
Royal Courts of Justice,
December 18, 1901.
We were honoured with your commands signified in Mr. C. P. Lucas's letter of the 4th instant stating that he was directed by you to ask for the favour of our report upon a question that had arisen as to the payment of a royalty upon timber cut in Christmas Island by the Christmas Island Phosphate Company, Limited.
That Mr. Lucas was to forward, for our consideration, a letter from the Secretary of the Company dated the 28th of November, together with the correspondence transmitted therewith.
That Mr. Lucas was to point out that under the Lease of the 17th February, 1891, the obligation of the Company to pay a royalty upon timber would appear to be identical with the like obligation imposed upon it in respect of phosphates or other minerals, and that in that connexion, Mr. Lucas was to refer us to our recent report of the 17th September which dealt with the payment of the royalty upon phosphates under the above mentioned Lease.
That Mr. Lucas was to request us to take the correspondence and the Lease into our consideration and to report :-
1. Whether, on the true construction of the Lease, the royalty was payable on the actual selling price of timber cut by the Company and either sold in the Island or exported for sale abroad, or on the assumed "selling price of timber cut by the Com- pany
but not so sold or exported ?
"
2. Whether any royalty was payable on timber cut, but which was not in fact sold? We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
1 and 2. That in our opinion the royalty is payable on all timber cut by the Com-
pany and the term "selling price" in the case of timber cut but not sold, means the price which it would bring if sold.
The Right Hon. J. Chamberlain, M.P.,
&c.,
&c.,
&c.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
No. 104.
10121–25—12;1901 Wt 352 D&S
5
1