CO885-(10-11) — Page 166

7537.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

SIB,

No. 126.

(TASMANIA.)

TREASURY SOLICITOR to TREASURY.

Joseph Bradburg, deceased.

Treasury, July 23, 1862. WITH reference to my Report of the 24th June 1862, transmitting for the con- sideration of their Lordships a proposed warrant nominating the persons therein men- tioned to apply to the Supreme Court of Tasmania for a grant of certain property of Joseph Bradbury, deceased, which by the papers referred to me by their Lordships and noted in the margin, was found to have escheated to Her Majesty, and which warrant has been returned to me having received the Royal Sign Manual, I have the honour 6853/62. further to

Report

That the Attorney and Solicitor General, in advising as to the disposal of the escheated property, recommended that any grant which might be made should be “subject to

the reservations ordinarily contained in such grants.”

Their Lordships were pleased, by Mr. Hamilton's letter of 5th September 1861, to express their opinion that in all cases "grants of escheated property should be subjected "to similar deductions to those which are made in the case of grants of intestate's " effects."

These deductions are upon a scale, which varies according to the value of the estate. " The escheated property in question is situate in the Island of Tasmania, and its value being unknown in this country, the warrant has been framed to admit of any deduc- tion which (after a valuation has been made in the Colony) it may be proper to make according to the scale above referred to, and which is set out in the warrant. The proper amount of this deduction will be certified by the Governor or Acting Governor for the time being of the Colony. A certificate for his signature is indorsed on the warrant, as well as an acknowledgment of the receipt of the deduction for Her Majesty's use by such person as the Governor, or Acting Governor, shall by the writing

indorsed on the warrant nominate to receive it.

The value of the property should be fixed by an officer of the Government, and not be the subject of any valuation as between the Government and the nominees. The warrant provides for the payment of, inter alia, the following sums :— The costs charges and expenses incurred in and about the suing out the commission and taking the inquisition, the stamp duty on the warrant and the “Crown's share.”

These payments are to be made by the nominees out of the rents and profits of the estate, and in the event of these not being sufficient, by a sale or mortgage, of a suffi- cient portion of the escheated property.

The mesne profits were by the inquisition found to amount to the sum of 6541. 178. Of this sum 4001. has been paid on account, as appears from advices received from Hobart Town. The balance, amounting to 2541. 178., it is expected will shortly be if it has not already been paid.

The expenses incurred in the Colony in issuing the commission amounted to the sum of 1071. 108. and have been paid out of such sum of 4001. The balance (2927. 10s.) has been paid into the Treasury chest.

The warrant in this case is in the nature of a grant, and it has accordingly been impressed with the stamp duty payable in such cases.

The expenses incurred in this country, including the stamp duty, which are to be repaid to me by the nominees amount to 631. 108. 6d. Their Lordships may perhaps think it right to direct that this sum should be paid by the nominees to the same person as the Governor may appoint to receive the deduction on account of the Crown share, and they will give such directions as they may think right for the transmission to this country of these sums when received.

The warrant is in fact a direction to the nominees therein named to apply to the court for a grant, but I have thought the better course will be that it should be sent

• 16973.-708. 25.-2/84

9869.