CO885-(15-16) — Page 305

3475

R

SIR,

No. 212.

(DOMINICA.)

LAW OFFICERS to COLONIAL OFFICE.

[Petition of Right brought by Mr. Davies against the Colonial Government.]

Royal Courts of Justice,

January 29, 1904. We were honoured with your commands signified to us by Mr. Lucas in his letter of the 15th January instant, stating that he was directed by you to request our consideration of certain questions relating to proceedings in the nature of a Petition of Right which had been brought by a Mr. Davies against the Govern- ment of the Leeward Islands. That it would be seen from the Governor's despatch and enclosures that Mr. Davies claimed as the successor in title to certain deceased persons named respectively J. and J. A. Garraway, a grant of land in the Island of Dominica. That unsuccessful attempts had been made by the Governor of the Colony to arrive at a compromise with Mr. Davies, who had now lodged a Statement of Complaint, in which he claimed specific performance of the Agreement to grant land to Messrs. Garraway and alternatively damages for breach of contract.

That the law of the Leeward Islands relating to suits against the Government would be found in Sections 367 to 373 of the Leeward Islands Act, No. 8, of 1876, and that it would be seen that the proceedings there provided for were in the nature of proceedings by way of Petition of Right.

That a copy of various reports of our predecessors in office as to the grounds on which a Government was entitled to refuse to allow proceedings of this nature to be carried on were enclosed, and that he was to request us to take these matters into our consideration and to report:-

(1.) Whether, having regard to the fact that the claim of Mr. Davies was acquired by him by purchase and generally having regard to all the facts of the case, the suit of Mr. Davies v. the Attorney General is one in which the Governor should, under Leeward Islands Act, No. 8, of 1876, grant consent to a suit being instituted by the claimant?

(2.) Generally.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report-

That this claim does not appear to be of a very meritorious character, and is apparently very exaggerated. There may be a good answer to it in toto. But hav- ing regard to the principles on which Petitions of Right are allowed, we think the Governor should endorse his consent on the Statement of Claim as provided by Section 370, of the Ordinance No. 8 of 1876, so that the case may be tried.

The Right Honourable

Alfred Lyttelton, M.P.,

&c.,

&c.,

&c.

Wt 664 201 D&S &

17110

We have, &c.,

R. B. FINLAY EDWARD CARSON.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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