CO885-(10-11) — Page 264

9738.

SIR,

No. 216.

(TUBES ISLANDS.)

TREASURY SOLICITOR to TREASURY.

MARY ASTWOOD, deceased, TURKS and CAICOS ISLANDS, JAMAICA.

Treasury, October 5, 1863.

My Lords have been pleased to refer to me the enclosed papers from the Colonial Office forwarding a petition from Anthony Tatem, an illegitimate son of the above. named woman, deceased.

I have to report

Report

That the petition relates to a supposed escheat of lands in the above islands, and to the Crown's supposed right to a small quantity of household and personal property of the deceased.

It does not appear that any proceedings have been taken to find the title of the Crown to the land in question, and no administration has been taken out on the part of Her Majesty to the personalty.

The title of the Crown depends therefore on assumption merely, and persons legally entitled to claim the property may be in existence, and may hereafter assert their claims by legal process.

Under these circumstances it would not be allowed in this country, and it would be objectionable anywhere, in principle, for the Crown to assume the ownership of the property and to make any grant of it; and I would humbly suggest that the Queen's Advocate of the Colony should be directed to inquire into and report on the facts of the case, the title of the Crown, and the merits of Anthony Tatem's application.

I would suggest that proof should be furnished of the payment of the funeral expenses and legal debts of the deceased before any grant be made of her estate to Mr. Tatem or any other person.

The Report of the Queen's Advocate should be submitted to the consideration of the Treasury before any grant be made of the property.

The Secretary, Treasury.

I am, &c. (Signed)

H. R. REYNOLDS.

A 16278.-200.

25-2/86.

C

PUBLIC RECORD OFFICE

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C.O. 885

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