CO885-(13-15) — Page 173

19,446.

No. 190,

(GIBRALTAR.)

PUBLIC RECORD OFFICE

Reference :-

TILLC.O. 885

13 PUBLIC RECORD OFFICE, LONDON

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

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MY LORD,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, We were honoured with your Lordship's commands, signified in Mr. John Bramston's letter of the 18th August last, stating that he was directed by your Lordship

October 2, 1890. to submit for our opinion the following statement of the proceedings in connexion with an attempt made to acquire for the War Department for military purposes a freehold property in Gibraltar, known as Bruce's Farm, belonging to Mr. Imossi.

That in a despatch dated the 31st of October last, the Governor was instructed by the Secretary of State to negotiate for the purchase of the property at a price not exceeding 1,000l., and in the event of his being unable to secure it for that or a less sum to take the necessary legal steps for its acquisition under the "Acquisition of Lands Order in Council, Gibraltar, 1888," a copy of which was enclosed.

That on the 7th of December the Governor reported that the sum demanded by the owner as the lowest which he would consent to take was 5,000l., and that the Attorney General had been instructed to take the necessary steps for its acquisition under the Order in Council referred to.

That in a further despatch, dated the 14th of January 1890, the Governor reported that the Chief Justice had fixed Tuesday the 28th of January as the date on which he would assess the value of the property with the assistance of a "special jury," as he was unwilling to undertake the assessment without such assistance.

That no objection was raised to the proposal of the Chief Justice either on the part of Mr. Imossi, or on the part of the Governor, who was simply instructed by a telegram of the 24th of January to proceed with the case.

That the case was accordingly tried on the 28th of January, and, as would be seen from the accompanying summary of the proceedings, resulted in the jury awarding Mr. Imossi the sum of 4,5081. for value of land, buildings, and trees, and 450l. as compensation for disturbance, making a total of 4,9581.; and costs were awarded against the Crown. It was to be observed that the award was given in sterling money; which is not legal currency in' Gibraltar.

That Mr. John Bramston was also to enclose a copy of a letter from the Chief Justice, inclosing a newspaper report of his summing up the case, and a report on the proceedings by the Attorney General, who conducted the case on behalf of the Crown, and also copy of a further confidential letter from the Chief Justice with reference more especially to the employment of a jury to assess the value of the property. A copy of the Supreme Court Consolidation Order in Council, 1888, referred to in the Chief Justice's letter, was enclosed.

That Mr. John Bramston was further to enclose an extract from a statement by the Colonial Engineer with regard to his evidence and that of the Colonial Treasurer, upon which the Crown mainly relied, and which, as would be seen from the Chief Justice's summing up, the jury were directed to leave entirely out of consideration, and a copy of a statement by Mr. Sords, the War Department Surveyor, to which the Chief Justice attached special importance, but the purport of which he appeared to have failed to grasp.

That Mr. John Bramston was further to observe, with regard to the Chief Justice's direction to the jury, that the contingencies which the Attorney General put, to the jury as specified in the last paragraph but one of his letter of the 30th January were too remote to be estimated; that, under orders from the Secretary of State, the roads leading to the property had since been closed to all persons except the owner and those authorised by him.

That the Secretary of State, being satisfied that the award of the jury was altogether in excess of the real value of the property, desired that we would take those papers into consideration and advise as to the probability of the success of an application to the Judicial Committee of the Privy Council to quash the proceedings and direct a new inquiry on the following grounds:

(1.) That assembling of a jury to assess the value was contrary to the procedure prescribed under paragraph 11 of "The Acquisition of Lands Order in Council, Gibraltar, 1888.”

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61207.-26. 25.—10,90.