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3871.

PUBLIC RECORD OFFICE

67

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C.O. 885

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

11 PUBLIC RECORD OFFICE, LONDON

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MY LORD,

No. 703.

(WESTERN AUSTRALIA.)

SOLICITOR GENERAL to COLONIAL OFFICE.

Temple, April 19, 1871. I AM honoured with your Lordship's commands signified in Mr. Holland's letter of the 3rd April instant, stating that he was directed by your Lordship to request that I, in conjunction with the Attorney General, would favour you with my opinion upon the question raised by the Attorney General of Western Australia in his letter dated the 1st February 1871, of which a copy was annexed, respecting the power of the Crown to resume lands without compensation with a view to regranting them to a private company for the construction of a railway.

Mr. Holland also stated that he inclosed for our information forms of the deed of grant now in force in that Colony in respect both of town and country lots.

In obedience to your Lordship's commands I have the honour to

Report

That I think upon the whole the construction placed by the Attorney General of Western Australia upon the provisions of the forms of grant from the Crown of lands in Western Australia is correct. The power to resume in both forms is only for public purposes, and the lands so resumed are to be held by the Crown when resumed It seems to me to be the true construction of the as of the Crown's former estate. two provisoes, each taken as a whole, that the Government should have power to resume in the first form, absolutely; in the second, subject to certain limitations, land which had been granted. But this resumption must be for Government purposes, and the land resumed must be held by the Government. The habendum seems to me to make this reasonably clear; but I think it would be contrary to well known principle to construe a grant, except where the words are express, so as to enable the grantor to take a grant from one grantee simply for the purpose of granting it to another.

My construction it will be seen differs somewhat from that of the Attorney General of Western Australia, as I should not desire to pledge myself to the propriety of any particular mode of taking the benefit of the proviso till I knew exactly what the proposed mode was.

But speaking generally, I think that the land resumed must be resumed for Govern- ment purposes properly and reasonably so called (and which are in my view intended by the words "works of public utility," &c. used in the proviso) and when resumed. must continue to be held by the Government.

The Right Hon. the Earl Granville, K.G.

&c.

&c.

&c.

I have, &c, (Signed) J. D. COLERIDGE.

I have since the writing of this Report seen the report of the Attorney-General. My own report, written for joint adoption, does not argue the case but states the con- clusion at which I have arrived. To that conclusion I adhere, and I will only add that although it seems to me inconvenient to comment upon or argue at length upon a Report addressed to your Lordship, I shall be perfectly prepared if you desire it to give my reasons at large for saying that the Attorney-General's Report does not alter my opinion.

(Signed) JOHN DUKE COLERIDGE.

0 16278.-662. 25.-5.86.