CO885-(11-13) — Page 715

14,090.

SIR,

No. 73.

(WESTERN AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, 4th August 1886.

We were honoured with your letter of the 23rd June last stating that a question had arisen in Western Australia upon which the Secretary of State for the Colonies would be glad to be favoured with our advice.

That the boundaries of the Colony and its dependencies were fixed by the Commission of the first Governor in 1830, which was an instrument under the Great Seal, and that they were described as

Cape Howe in the parallel of 35° 8' south latitude, and from Hartogs Island on the extending from the parallel of 13° 13' south latitude to west "western coast in longitude 112° 52′ to 129° east longitude, including all the islands in "the Indian and Southern Oceans within the latitudes aforesaid, and within the

longitudes aforesaid."

46

That it would be seen from the accompanying map that those lines of latitude and longitude enclose on the north-west of the Colony a large area of sea; and that within that area valuable banks of pearl shell were from time to time discovered, and yielded a large return to persons collecting the shell. That it was desirable, if possible, that the Government of the Colony should be able to control the operations of those persons for the maintenance of good order and for the supervision of the natives who were employed as divers and in other capacities on board the pearling vessels.

That the Governor having applied to the Secretary of State for instructions as to his power to grant leases or licenses over any portion of the pearling ground, had been informed that, if duly authorised by any law of the Colony, there was no objection to his granting licenses to raise pearl shell from the bed of the sea, to the distance of three miles from the mainland, or from any island within the above-mentioned boundaries.

That the Secretary of State, however, would be glad to be informed whether in our opinion it would be competent to Her Majesty to assume possession by Letters Patent, or otherwise, of the bed of the sea within the above-mentioned boundaries should the Secretary of State advise such a course?

That if not, whether any other means were possible without legislation for securing control of the operations of the vessels engaged in the pearl fishery?

That if not, whether recourse should be had to the Imperial Parliament or to the Federal Council of Australasia under section 15 (c.) of the Act 48 & 49 Victoria, chapter 60 ?

That you were also to invite us to advise the Secretary of State as to the correctness

of the instructions mentioned in paragraph 3 of your letter, and to favour him with

any observations which might occur to us generally upon the matter.

In compliance with the request contained in your letter we have the honour to

Report.

1. That we are of opinion that the instructions mentioned in paragraph 3 of the letter from the Colonial Office of the 23rd June last were in accordance with Inter- national law.

2. We are of opinion that it would not be competent for Her Majesty to assume possession by Letters Patent or otherwise of the bed of the sea beyond the three-mile limit, although within the boundaries of the Colony as mentioned in the Colonial office letter of the 23rd June.

3. We are of opinion that there is no means without legislation for securing control of the vessels engaged in the pearl fishery. For that purpose, we think recourse should be had to the Federal Council of Australasia under 48 & 49 Victoria, chapter 60, section 15, sub-section (c).

John Bramston, Esq.

We have, &c., (Signed) C. RUSSELL.

HORACE DAVEY,

▲ 20491-89. 25.-8/96.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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