CO885-(11-13) — Page 501

A short law such as that suggested might perhaps suffice, but we think it would be better to pass a law enacting at length the provisions of the Convention similar to the Cape Act No. 19 of 1872, which follows the precedents of the Acts passed in this country for the purpose of giving effect to extradition treaties.

The Right Hon. the Earl of Kimberley,

&c.

Ne.

&c.

We have, &c., (Signed)

4542

HENRY JAMES. FARRER HERSCHELL.

MY LORD,

1 2 3

PUBLIC

RECORD

OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

No. 234α.

(CYPRUS.)

LAW OFFICERS to FOREIGN OFFICE.

We were honoured with your Lordship's commands, signified in Sir Julian

Temple, August 21, 1880. Pauncefote's letter of the 31st July last, stating that by your Lordship's direction he transmitted the accompanying despatch from Her Majesty's High Commissioner in No. 209. Cyprus. submitting for your Lordship's approval a draft contract for a lease of certain mines in that Island.

C.O., July

That in view of the intended transfer of the business connected with Cyprus to the Colonial Office, your Lordship referred Sir R. Biddulph's despatch to that office, and we would see from the enclosed letters that your Lordship was disposed to think that To C.O., the granting of mining leases was part of the ordinary administration of the Island June 21. which was vested in the Queen by the Convention and had devolved on the High 10. Commissioner in virtue of the Cyprus Order in Council, but that such power of granting leases must be exercised in accordance with the existing Ottoman law regulating the subject, or of a new law to be passed by the local Legislature established under the Cyprus Order in Council.

That we would observe that the draft contract submitted by Sir R. Biddulph would appear, upon the face of it, to have been drawn up in the form of an ordinary English mining lease, and not, so far as your Lordship was able to judge, in accordance with the prescriptions of the Ottoman Code respecting mines, which we would find at page 257 of the accompanying volume.

That, on the other hand, Lord Kimberley expressed doubts whether, in view of the terms of the Convention of June 4th, 1878, the Queen had acquired such an interest in the mines of the Island as the proposed lease purported to transfer, and if so, his Lordship was disposed to think that an Ordinance of the local Legislature would not meet the difficulty.

That Sir Julian Pauncefote was to enclose copies of the Convention of June 4th, 1878, of the additional agreement respecting legislation (of August 14th 1878), of the Order in Council for Cyprus of the 14th of September 1878, and of the Royal Instructions to Her Majesty's High Commissioner, and he was to request us to take those papers into our consideration and to favour your Lordship with our opinion:-

1st. As to whether the High Commissioner could, under the provisions of the above- mentioned convention and agreement with, the Porte, and of Her Majesty's Order in Council, grant a mining lease in the Island of Cyprus.

2nd. Whether such lease must be in accordance with the existing Ottoman mining laws or of an Ordinance of the local Legislature, or whether the High Commissioner might, in virtue of clause XX. of the Order in Council, grant a lease on such terms as he might think fit.

3rd. Whether a lease granted by the High Commissioner, and otherwise good in law, could validly guarantee possession for a period beyond the British occupation of the Island, and whether such a lease would be binding on the Ottoman authorities in the event of the administration of the Island being retroceded to the Porte; and

4th. Whether the draft contract for a lease submitted by Sir R. Biddulph was one which, subject to our opinion on the previous points, we would advise your Lordship to

approve.

In obedience to your Lordship's commands, we have the honour to

That--

Report

1st. If the matter rested only on the Convention of the 4th of June 1878, we think it would be very doubtful, having regard to Articles III. and IV. of the annex to the Convention, whether the High Commissioner could grant a lease such as that proposed. Our attention has, however, been drawn to the agreement of the 3rd February 1879, between Her Majesty and the Sultan (which we presume is still in force and binding

A 20491.-28. 25.-6 86.