CO885-(10-11) — Page 360

11957.

SIR,

No. 293.

(NEW ZEALAND.)

TREASURY SOLICITOR to TREASURY.

Walhenshaw, deceased, escheat in New Zealand.

Treasury, December 22, 1864.

My Lords have been pleased to refer to me the enclosed application for a grant of property in New Zealand, supposed to have escheated to the Crown.

I beg to

Report

That the Crown can make no grant of escheated property unless Her Majesty's title to the same has been found by an inquisition of escheat, and I would suggest that the Governor of the Colony should be instructed by the Secretary of State for the Colonies to cause an inquisition of eschest in respect of the lands in question to be held in the Island and a copy of the finding of the jury to be transmitted to this country, together with a report of the Attorney General of New Zealand upon the application of Messrs. Cowper and Co.'s clients, and on those of any other parties who may have claimed a grant of the escheated property.

The Secretary of the Treasury.

I am, &c.

(Signed) H. R. REYNOLDS.

0 16278.-799. 25.-9/86.

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Kanging.

PUBLIC RECORD OFFICE

Reference :-

885

*

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TOPage 361

11943.

SIR,

No. 294.

(TURK'S ISLANDE.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, December 23, 1864. WITH reference to your letter of the 9th instant, I am directed by Earl Russell to request that you will state to Mr. Secretary Cardwell that his Lordship has consulted the proper Law Officer of the Crown upon the case of the vessel "Eliza,” seized and detained by the Spanish authorities at St. Domingo.

Lord Russell is advised that the "Eliza" appears to have been seized, not for a breach of the blockade, but for some infringement of Spanish Custom Laws, and to have been detained for nearly six months partly in Porto Plata, partly at St. Domingo, and that from the correspondence which has been received in this case there certainly appears to be no reason for this act of the Spanish authorities.

As the vessel was ultimately released without being brought to any trial, the presumption is strong that, if her seizure was justifiable, her long detention was without reasonable cause or excuse. The Spanish authorities may have the means of repelling this presumption and of justifying the detention. But the Queen's Advocate is of opinion that, both on account of the injury apparently inflicted on the owner of this little vessel, and for the protection of other British vessels of small craft in these waters, instructions should be sent to the Governor of Jamaica to the effect that Her Majesty's Government, as at present advised, think that the owners of the "Eliza " are entitled to the proper demurrage expenses for the detention of their vessel for a period of nearly six months.

The Under Secretary of State, Colonial Office.

I am, &c.

(Signed) A. H. LAYARD.

J

0 16278.-268. 25.-9/86.