CO885-(15-16) — Page 588

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PUBLIC RECORD OFFICE

سنسالسا

Reference :-

C.O.885

1

No. 133.

(CEYLON.)

THE SOLICITOR-GENERAL to COLONIAL OFFICE.

Claim of Mrs. E. H. Parry to certain estates in Ceylon on account of grants mude by the late Governor, Sir Edward Barnes.]

MY LORD,

That the

Royal Courts of Justice, 21st July, 1910. I WAS honoured with your Lordship's commands, signified in Mr. Bertram Cox's letter of the 5th May last, stating that he was directed by your Lordship to transmit to me the accompanying despatch from the Governor of Ceylon with regard to a claim made by Mrs. Edith H. Parry to certain estates in Ceylon. printed précis of the correspondence on record in Ceylon to which the Governor referred, together with the plans and the memoranduni by the Attorney-General of the Colony, a statement of claim by Mrs. Parry, and a copy of Ceylon Ordinance 22 of 1871 to which the Attorney-General referred in his memorandum, were also trans- mitted to me. That Mr. Bertram Cox was to explain that Mrs. Parry is the daughter of Amelia Henrietta Parry, one of the five children of Lieutenant-General Sir Edward Barnes, Governor of Ceylon in 1831, to whom one of the estates was transferred by the heirs of Captain F. C. Barlow. That I should see that the Colonial Attorney-General, in paragraph 3 of his memorandum of the 3rd February, 1910, stated that he could not find that any instruction was issued to Sir Edward Barnes expressly prohibiting the alienation of land by the Governor to himself. That Mr. Bertram Cox was to inform me that it had been ascertained from the That it records of the Colonial Office that no such instructions were issued. seemed clear that Sir Edward Barnes made grants of land without consideration to his two aides-de-camp, Captain Barlow and Lieutenant Fawkes, upon an under- standing that the property should be held in trust for himself, or possibly for Lady Barnes and their children.

That Mr. Bertram Cox was to request me to take the papers into my considera- tion and to favour your Lordship with my opinion whether the Government of Ceylon would have a good defence against the legal representatives of Sir Edward Barnes (1) on the ground that the grants were fraudulently made; (2) on the ground of prescription; (3) or on any other, and, if so, what, ground, and to advise your Lordship generally on the case as set forth in Mr. Lascelles's memorandum and the course of action recommended by that officer.

I have taken the matter into my consideration, and, in obedience to your Lord- ship's commands, have the honour to

Report

That I am in substantial agreement with the views expressed by Mr. Las- celles, the Attorney-General of the Colony, in the memorandum dated February 3rd, 1910, and cannot usefully add to the reasons or conclusions therein expressed both

as to the legal aspect and the policy to be pursued.

The Right Honourable

The Earl of Crewe, K.G.,,

&c.,

&c., &c.

I have, &c..

RUFUS D. ISAACS.

(17317-2.) W, 103-896. 25, 8/10. D & 8.

16 PUBLIC RECORD OFFICE, LONDON

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