21722
PUBLIC
RECORD OFFICE
Reference :-
PEPEC.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2. Whether, if such vessels are, in fact, registered, legally or not, the provi- sions contained in that Act, including parts 2, 5, 6, 10 and 12, apply to such vessels, notwithstanding Section 741 of that Act!
3. What steps, if any, should be taken to ensure that vessels such as those mentioned should be recognised in Foreign waters as British ships?
4. Whether any amendment of the Merchant Shipping Act of other legislation is required in order to meet the difficulties indicated in the above questions, either by giving permissive power to Public Departments to register such vessels under the Merchant Shipping Act or by placing them without registration on some more definite basis?
1.
B.
OPINION.
We are of opinion that neither the "Maine," the auxiliary ships, the yard eraft, nor any of them are in Law capable of being registered under the Merchant Shipping Act, 1894.
We are of opinion that even if such vessels were registered, whether legally or not, the parts of the Merchant Shipping Act referred to would not apply to such vessels.
3. If the suggestion made in answer to the fourth question cannot be carried out, we are of opinion that a declaration of ownership similar to that carried by the "Monarch" and the "Alert" should be made out for the "Maine." It should be signed by two of the Commissioners.
4.
We We are of opinion that no amendment of the Merchant Shipping Act or other legislation is desirable in order to meet the difficulties referred to. suggest, for consideration, whether it would not be possible to bring the crew under the Naval Discipline Act, and to appoint to the command of each vessel a Commis- sioned Officer. If this were done it would settle the question of the status of the vessel and provide for her discipline.
If for any reason this cannot be done, it would perhaps be desirable to secure the passing of an Act conferring on His Majesty in Council powers similar to those conferred by 47 & 48 Vict, c. 38, on the Governor-General of India with regard to the Indian Marine, “For the purpose of maintaining discipline" in that service.
R. B. FINLAY. EDWARD CARSON. R. B. D. ACLAND.
SIR,
No. 189.
(LEEWARD ISLANDS.)
LAW OFFICERS to COLONIAL OFFICE. [Agreement relating to a grant of Crown Lands in Virgin Gorda.]
Royal Courts of Justice,
June 12, 1903. We were honoured with your commands, signified in Mr. C. P. Lucas's letter of the 13th May last, stating that he was directed by you to lay before us a copy of an Agreement, dated the 12th May, 1900, relating to a grant of Crown Lands for mining purposes in the Island of Virgin Gorda, and to request us to be good enough to advise him as to the construction thereof and as to the legal position of the Government of the Colony of the Leeward Islands in connection with this grant.
That in September, 1898, a certain Mr. Leonard Read applied to Dr. Cookman, the Commissioner of the Virgin Islands, for the grant of some Crown Lands, known as Godden's lands, in Virgin Gorda. That that application was strongly supported by Dr. Cookman, who reported that the terms were that Mr. Read should pay £100 down and three further quarterly instalments of £50 each, in addition to a royalty of 2s. 6d. per ton on all raw material shipped. That the Secretary of State accord- ingly approved the Commissioner's proposals, subject to the reservation of a half- mile zone of land round the harbour for Admiralty purposes.
That Mr. Read then came to this country and a lengthy correspondence ensued between him and the Colonial Office as to the conditions to be included in the proposed grant. That eventually, in January, 1900, he agreed to a draft form of grant, but that owing to his subsequent objections to the description contained therein of the lands to be granted to him, the execution of the grant was postponed pending a survey, and that he left this country and returned to Virgin Gorda, after paying the first instalment of the purchase money.
That the circumstances under which the purchase money was paid were as follows: That on the 8th May, 1900, Read sent the first instalment of £100 to the Colonial Office and asked that the receipt might be made out to include the names of S: Mellor and A. W. Morrice as his assigns in this Country, stating that the further instalments would be paid through his agents in this country-Messrs. H. Bath and Son. That the latter paid the three further instalments of £50 each to the Crown Agents, the last payment being made on the 11th of February, 1901.
That from subsequent correspondence with Messrs. Bath and Son it appeared that on the 12th May, 1900, an Agreement was entered into between Read, Mellor and Morrice and Bath and Son, which purported to settle the rights of the parties in the lands to be granted to Read in Virgin Gorda. That Mellor and Morrice, the parties of the second part, also, as a firm, constituted H. Bath and Son-the parties of the third part.
That on getting out to Virgin Gorda, Read proceeded to cause difficulties and delay by endeavouring to obtain more land than he was entitled to, and by raising objections to the method of survey and the marking of boundaries. That on the other hand it appeared that three small portions of Godden's lands included in the Grant were in the possession of squatters who could not be ousted, and that the Colonial Government could not, therefore, grant the whole of the lands originally intended to be granted..
That it should be explained that these plots of land in the possession of squatters comprised only about 25 acres out of a total area of some 3,900 acres. That the result of those difficulties had been that the grant to Read had never been executed.
That it had been suggested that there was no completed contract between Read and the Colonial Government, the parties never being ad idem with regard to the subject matter of the Agreement, but that it would be impossible to ask our opinion on that point without submitting a voluminous correspondence for our considera- tion. That you had, however, been advised and, in Mr. Lucas's letter to us, it was
25 W 661 603 D & 8 5 14964