CO885-(11-13) — Page 487

6648.

PUBLIC RECORD OFFICE

CO.

Reference :-

SIR,

No. 224,

(FIJI.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with Mr. Bramston's letter of the 19th of June 1879, stating

Temple, 28th April 1880. that he was directed to acknowledge the receipt of our report dated the 27th May upon the subject of the proposed draft Ordinance for settling the claims to land in Fiji, and he was, to transmit for our information a printed copy of the draft as originally submitted to us, with certain alterations and additions shown in writing, which you had caused to be made with the view of carrying out the suggestions with which we had favoured you.

2. That in order to remove all appearance of an intention to introduce a different rule of law and practice between native and British subjects, and between British subjects themselves, the 11th clause had been entirely omitted from the draft.

*

3. That with reference to that passage in our report which stated that "the interests "of the Crown and of the claimants of land under paragraph 4 of the Deed of Cession "were clearly antagonistic, for the land which was not shown by the claimants to have become their bona fide property vested in the Crown," Mr. Bramston was to state that you regretted that the facts relating to that part of the case were not explained at greater length; for, besides the Crown and the claimants of land, there existed in Fiji a large number of native proprietors whose titles were not in question; and, indeed, Sir Arthur Gordon reported that in at least ninety-nine cases out of a hundred, the contention was between two or more white claimants to portions of the same piece of land, or between a white claimant and the original native proprietors.

4. That it had seemed to you that the question whether any given transaction with natives before the Cession had resulted in a bona fide acquisition of property in a particular parcel of land must depend upon antecedent native titles, laws, and customs, rather than on the meaning which English law might attach to any form of convey- ance or agreement which might have been employed, and that the decision must turn upon the substantial justice and good faith of the real transaction between the parties as entered into at a time when English law had no force in the islands. That you had therefore felt yourself obliged to approve of the creation of such a tribunal as appeared, under the peculiar circumstances which were to be provided for, most likely to secure a satisfactory and complete adjustment of all conflicting land claims at the same time, as there were some cases in which the real competition was between English and other non-native claimants and the Crown, you had caused two new clauses to be prepared for introducing into the Commission and into the appellate body a legal element independent of the Government officials of the Colony, and as far as possible unconnected with its affairs.

That

5. That the first legal member of the Commission would be Mr. Victor Williamson, of the English Bar, who would be appointed chairman under the express directions of the Secretary of State, and it was hoped that he would be able to remain in Fiji long enough to bring to a conclusion the investigation and adjustment of all existing claims

to land.

In compliance with the request contained in Mr. Bramston's letter we have the

honour to

Report

That under the exceptional circumstances of the Colony and with the alterations now made in the Ordinance we think the Ordinance may properly be submitted to Her Majesty for approval.

The Right Hon.

Sir Michael Hicks Beach, Bart., M.P.,

We have, &c.,

(Signed)

JOHN HOLKER. HARDINGE S. GIFFARD.

&c.

&c.

▲ 19910.-213. 95.-19,84.

&c.

885

12 PUBLIC RECORD OFFICE, LONDON

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