PUBLIC RECORD OFFICE

بلسي

Reference :-

C.O.

885/

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

5 PUBLIC RECORD OFFICE, LONDON

252

3. Any contribution made by the Governments of any of the other Australasian Colonies to be applied in reduction of the amount which the Colonies may be called upon to pay under Articles 1 and 2.

4. Any revenue raised by the Government of New Guinea to be similarly applied in reduction of the amount which the Colonies may be called upon to pay under Articles 1 and 2, unless in the event of a larger annual expenditure than 15,000l. being agreed. to, as provided in Article 16, in which case the excess is to be provided from the

revenue.

5. Her Majesty's Imperial Government to contribute a suitable steam-vessel for the service of the territory, at a cost not exceeding 18,500/,, with the cost of its maintenance during the first three years, estimated at about 3,5007. a year.

6. Upon the passing of the above-mentioned special Act, Her Majesty to assume sovereignty over the Protectorate.

7. An Administrator of the Government to be appointed, to whom, with two or more other persons, legislative powers are to be delegated by Letters Patent under the Imperial Acts 6 & 7 Vict., cap. 13, and 23 & 24 Vict., cap. 121.

8. The following sums to be reserved in the Letters Patent by way of Civil

List :-

Administrator

Private Secretary

Judicial Officer

Secretary to Government

£

1,500

300

1,000 500

9. No purchase of land to be allowed to be made by private persons, except from the Government or purchasers from it.

10. No deportation of natives to be allowed, either from one part of the territory to another or to places beyond the territory, except under ordinances reserved for Her Majesty's assent and assented to by Her Majesty.

11. Trading with the natives in arms, ammunition, explosives, and intoxicants to be prohibited, except under ordinances reserved and assented to in like manner.

12. No differential duties to be imposed in favour of any of the guaranteeing Colonies, or any other Colony or country.

13. The foregoing four articles to be embodied in the Letters Patent as part of the constitution of the territory.

14. An appeal to lie to the Supreme Court of Queensland, at Brisbane, in all civil cases involving an amount of over 1007., and in all criminal cases involving a punishment greater than three months' imprisonment. The necessary legislation for this purpose to be proposed to the Imperial and Queensland Parliaments.

15. An estimate of revenue and expenditure to be submitted by the Administrator to the Governor of Queensland, and approved by him before the passing of any Appropria- tion Ordinance. The Governor of Queensland to have power to disallow any item of proposed expenditure.

16. Any appropriation beyond the amount of 15,0001. for any one year to be agreed to by each of the three guaranteeing Colonics.

17. All accounts of receipts and expenditure to be audited by officers of the Queensland Government.

18. The Administrator, in the exercise of his legislative and administrative functions,

to be guided by the instructions of the Governor of Queensland (subject to Her Majesty's power of disallowance of proposed laws).

19. The Governor of Queensland to be directed to consult his Executive Council upon all matters relating to British New Guinea.

20. The Government of Queensland to consult the Governments of the other contributing Colonies in all matters other than those of ordinary administration, and to report to them all action taken.

21. The Administrator to be instructed to furnish to the Governor of Queensland an Annual Report of the proceedings of the Government (legislative and administrative), and copies of such Report, together with any observations which the Governor of Queensland may think fit to make thereon, to be forwarded to the Secretary of State, and to each of the contributing Colonies.

Memorandum.-It is understood that Queensland is to have a first charge upon any surplus revenue of British New Guinea for any amount which the Colony may be called upon to pay under the special Act beyond the agreed proportion of one-third.

253

No. 61.

REGISTRATION OF LAND PURCHASES IN WESTERN PACIFIC ISLANDS.

Mr. STANHOPE to ACTING HIGH COMMISSIONER J. B. THURSTON,

SIR,

(WESTERN PACIFIC).

(1.)

Downing Street, August 4, 1886. On the 8th ultimo my predecessor desired you by telegraph to give effect to the decision of Her Majesty's Government to sanction the registration of purchases of

land in the Western Pacific.

Her Majesty's Government, as you are aware, have hitherto declined to allow any such official registration of dealings with land in places outside the jurisdiction of Her Majesty's Courts of Justice; but the growth of enterprise in the Western Pacific and the inconveniences arising from the inability of British subjects to place on record their purchases of land in the islands, a disadvantage from which the subjects of certain other Powers are exempt, appear to Her Majesty's Government to make it now advisable to institute a system of official registration.

Such registration will be permissive, not compulsory, being intended for the benefit of those British subjects who wish to avail themselves of it. It is reasonable to anticipate that practically all purchasers will register their titles, but the mere absence of registration will not in itself show that a claim is invalid. The land alleged to be bought should be topographically described as adequately as possible, and where practicable, a sketch or rough plan of the site or plot should be annexed to the entry in the registry. As the memorial will only record the claim of the party registering, and not a warranted title, it will not be necessary to set out the title under which he claims or the consideration alleged to have been paid; but it will be convenient to record any statements which he makes with regard to these matters together with a brief description of any documents which he produces. Provision should be made for searching the registers at the instance of any person requesting such a search, and for supplying copies of the entries at small fixed fees; and it would be advisable to head any such copies with a notification that Her Majesty's Government do not guarantee the registered title, or undertake to protect any person holding under it.

You will be so good as to issue a notice announcing the arrangements that may be made.

The Acting High Commissioner.

I have, &c., (Signed) EDWARD STANHOPE.

(2.)

NOTICE.

HIGH COMMISSION, WESTERN PACIFIC.

BRITISH subjects desiring to register purchases of land made by them in the islands of the Western Pacific are hereby notified that they can do so by forwarding the original deeds (or copies thereof, if certified to be correct under the hand of a commissioned officer in Her Majesty's Naval service, or any consular officer, or any Judicial or Deputy Commissioner for the Western Pacific), to the Secretary to the High Commission, Suva, Fiji.

The notification, dated the 2nd January, 1884, with reference to the registration of land purchases, published in the Fiji Royal Gazette of the 4th and 11th January, 1884, is, so far as it relates to the refusal to permit such registration, hereby cancelled.

Suva, Fiji, 27th July, 1886.

(Signed) JOHN B. THURSTON,

Acting High Commissioner.

004

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