CO885-(10-11) — Page 236

5953.

PUBLIC RECORD OFFICE

19

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PUBLIC RECORD OFFICE, LONDON

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

No. 190.

(QUEENSLAND.Į

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, June 16, 1863. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 11th instant, stating that he was directed by your Grace to acknowledge the receipt of the report (bearing date the 26th ultimo)* with which we had favoured your Grace respecting the jurisdiction of the Legislature of Queensland over islands in the Australian seas.

And that your Grace understood from that letter that the jurisdiction of Queensland extends (within certain limits as to north and south) to all islands lying between the 138th and 154th degrees of east longitude which were at the date of Sir William Denison's commission in the de facto occupation of Great Britain, or were situate within three miles of any island so occupied, or of the Australian coast.

But that your Grace would be glad to be informed whether an island lying within the above limits, but not occupied by Great Britain at the date of Sir William Denison's commission, and therefore not then within the jurisdiction of New South Wales, would fall within the jurisdiction of New South Wales or Queensland (as the case may be) if now occupied by British subjects under British authority.

Sir Frederic Rogers was also pleased to state that he was directed by your Grace to ask this question because the case appears likely to arise.

In obedience to your Grace's commands we have taken this matter into our con- sideration and have the honour to

Report

That our report of the 26th ultimo has been correctly understood by your Grace; and that in the event of any island lying within the specified limits, which did not belong to Great Britain at the date of Sir William Denison's commission, being now or having been for the first time after that date occupied by British subjects under British authority, such island would not, in our opinion, fall within the jurisdiction of New South Wales, or of Queensland without further Letters Patent from Her Majesty annexing the same thereto.

His Grace the Duke of Newcastle, K.G.

&c.

&c.

We have, &c. (Signed)

&c.

• No. 185.

WM. ATHERTON. ROUNDELL PALMER.

0 16278.-516.

25.-8/86.