CO885-(10-11) — Page 608

11095.

No. 481.

(TOBAGO.)

SIR,

TREASURY SOLICITOR to TREASURY.

Solicitor's Department, Treasury,

November 9, 1867.

THEIR Lordships have been pleased to refer to me a letter from the Duke of Buckingham and Chandos, enclosing a copy of a Deepatch from the Governor-in-Chief of the Windward Islands covering an Act of the Legislature of Tobago, "to declare the "law and practice in cases of escheat," together with a report of the Attorney-General of the Colony thereon, I beg to

Report

That I have read the documents referred to, and would respectfully beg to call their Lordships' attention to the following provisions of the Act.

By section 3 it is provided in effect that notice of an inquest on a (supposed) escheat of real property is to be affixed to or left with some person at the premises respecting which inquiry is to be made seven days before holding the inquest.

By section 6. If the finding on any inquest be against the Crown the Escheator- General is empowered (with the sanction of the Court of Common Pleas) to institute a second inquiry.

By section 7. If the finding be in favour of the Crown, any person claiming title is empowered to traverse such finding within three calendar months, and such traverse shall be tried before the Chief Justice and jury in the Court of Common Pleas.

By section 8. Within three calendar months after the finding on an inquest in favour of the Crown, and on the finding on a traverse in a Court of Common Pleas in favour of the Crown, the Escheator-General is empowered to seize and sell the excheated property and the proceeds thereof (less expenses) are to be “paid and applied as by law directed."

On these provisions I would beg, in the first instance, to refer their Lordships to my report of the 11th September 1867 on the Trinidad Ordinance with respect to

escheats.

Their Lordships will perceive that the observations I therein submitted will apply to the Tobago Ordinance.

In the present case the Crown's title might be finally established seven days and three months after a notice of holding the inquest had been "affixed on the premises," the subject-matter of the inquiry. A claimant of empty premises absent from the Colony might never get any notice at all, this Ordinance containing no provision for publica- tion of notice in the local newspapers or otherwise, and in all cases of absence the time would appear to be too short to enable a claimant to take steps to support his claim.

With respect to the provision in section 8 as to the proceeds of escheated property, the Act does not define the mode of application, but it appears from a copy of a report by the Attorney-General annexed to the Governor's Despatch, that an Act has been passed by the Tobago Legislature providing that the proceeds of escheats shall be paid into the treasury for the public use of the Colony.

It would seem, therefore, that no discretion is left with the Governor to make a

grant to relative or other claimant, as is the practice in this country.

The observations I ventured to submit in my report on the Trinidad Ordinance will,

therefore, apply in every respect.

The papers are returned herewith.

The Secretary to the Treasury.

I

am, &c.

(Signed)

A. K. STEPHENSON.

16978.892. 93.—5/86,

LIC RECORD OFFICE

19

Reference :-

mimmimiC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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