CO885-(20-21) — Page 284

PUBLIC RECORD OFFICE

C.O. 8

Reference :-

885

21 PUBLIC RECORD OFFICE, LONDON

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

Recitals.

Guano by Licensee.

I. Standard form of licence.

6

APPENDICES.

(Australian No. 151.)

II. History of the Standard form.

III.

List of existing licences.

IV.

T.

Meniorandum on whaling leases and licences in the Falkland Islands and

Dependencies.

Memorandum on the Falkland Islands sealing fisheries.

(Australian No. 151.)

THIS INDENTURE made the

day of

APPENDIX I.

One thousand eight hundred and

HER MOST GRACIOUS MAJESTY QUEEN VICTORIA of the one part and

between

(who with his executors administrators and permitted assigns is herein-after included in the term "Licensee ") of the other part.

WHEREAS it has been represented to HER MAJESTY by the said Licensee that he is now by himself or his agents in occupation of (or he is desirous of occupying) a certain Island, Discovery of belonging to Her Majesty and not within the jurisdiction of any Colonial Government situated

called

lying in or in the about the degrees of latitude and longitude next mentioned (that is to say) for the purpose of removing Guano and other fertilising substances therefrom (or, of planting the same with Cocoa-nuts, or, of digging minerals thereon or as the case may be), and that the said Island is uninhabited (except by the Licensee and his agents) and that so far as the Licensee or any person through whom he claims is aware no other person has or claims to have any right or interest to or in the said Island or to anything thereon:

Island uninhabited and unclaimed.

Application

for Licence.

Application

AND WHEREAS the said Licensee hath applied to HER MAJESTY to grant to him an exclusive Licence to occupy the said Island and to hold the same for his own use for the purpose aforesaid:

AND WHEREAS HER MAJESTY on the faith of such representations hath been pleased to granted upon accede to such application subject to the covenants conditions agreements and declarations herein-after contained and subject also to the payment by the Licensee of the annual sum of Pounds: AND WHEREAS the said Licensee

specified conditions.

Grant of exclusive

and export

Guano for three years.

hath accordingly made the first annual payment of

Pounds to the High Commissioner of the Western Pacific for the use of HER MAJESTY as is hereby admitted:

NOW THIS INDENTURE WITNESSETH that in consideration of the premises and of the covenants right to raise herein-after specified to be performed on the part of the Licensee HER MAJESTY doth hereby grant to the said Licensee the exclusive right to occupy the said Island for his own use during the term of

years to be computed from the

now next ensuing with permission to construct day of on the said Island all such buildings jetties and other works as may be requisite for his opera- tions on that behalf and to display the British flag as occasion may require in proof of such occupation.

Covenants by the Licenses.

Not to assign or underlet.

To make certain

payments in

second and subsequent

years.

To maintain

good order,

treat the labourer".

AND THIS INDENTURE ALSO WITNESSETH that in consideration of the premises the said Licensee for himself his heirs executors administrators and assigns doth hereby covenant with HER MAJESTY Her Heirs and Successors in manner following that is to say,

1. That the Licensee will not assign or underlet the present Licence or any interest therein without having first obtained the consent thereto in writing of HER MAJESTY'S Secretary of State for the Colonies (herein-after called "the Secretary of State ") or of the High Commis- sioner for the Western Pacific.

2. That the Licensee will in the second and each subsequent year of the term hereby in each year, pay in advance granted (that is to say) on the

day of

to the High Commissioner for the Western Pacific for the use of HER MAJESTY or to some person

Pounds. authorised by him to receive the same the sum of

3. That the Licensee will at his own expense and to the satisfaction of the High Commis- sioner for the Western Pacific maintain good order on the Island and will properly feed support

and properly and treat all labourers and others there employed by him, and will conform to and enforce all regulations if any from time to time established by the authority of such High Commissioner for maintaining good order ou the Island and will not without the sanction in writing of such High Commissioner inflict any punishment or resort to any method of compulsory labour.

To plant trees and erect a

conspicuous land-mark.

4. That for the purposes of land-marks and so as to be visible to vessels approaching or passing near the Island the Licensee will within one year from the date hereof plant and during the continuance of this Licence) maintain on at least two conspicuous spots on the Island Cocoa-nut Trees Palms or other quick-growing trees and shall also build and maintain a substantial column or beacon of not less than 10 feet square at the base nor less than 25 feet in height and that it shall be lawful for the Commanding Officer of any vessel in HER MAJESTY'S

7

service to inspect the same and if dissatisfied with the mode in which or the place at which it shall have been erected to require the Licensee to alter the mode of its construction or to remove and erect the same upon some other part of the Island and that the Licensee will forthwith do as he shall have been so required.

sation.

AND THIS INDENTURE FURTHER WITNESSETH that it is hereby declared and agreed that No guarantee

of protection HER MAJESTY's Government do not undertake and shall not be called upon to maintain any Establishment or any officer on the said Island or to make any compensation to the said Licensee or compen. for any loss he may sustain by reason of the absence thereof or by reason of HER MAJESTY not finding it expedient from political or other considerations to retain the sovereignty of the said Island or convenient to protect the said Licensee in the enjoyment of the exclusive privilege intended to be hereby granted.

AND THIS INDENTURE FURTHER WITNESSTEN THAT in case it shall appear to the Secretary Power to of State that any of the above-recited representations is incorrect or that any of the above revoke

Licence in covenants on the part of the Licensee has been broken or left unfulfilled or in case it shall appear certain cases to the Secretary of State to be expedient, on political grounds or otherwise, to revoke this or on breach Licence, the Secretary of State, on behalf of HER MAJESTY, or the High Commissioner for the of any of the Western Pacific by direction of the Secretary of State may by notice under his band addressed covenants. to the Licensee at his last known place of abode or of business and forwarded so addressed by post declare that on a day named in such notice the Licence hereby granted shall determine and the same shall accordingly determine on that day. Provided that where it is sought to determine the Licence on account of disorders not in the opinion of the Secretary of State imputable to the Licensee or his agents the day named for such determination shall not be less than twelve calendar months after the date of such notice.

tion of

AND it is hereby further witnessed and agreed that on the termination of this Licence At termina- from any cause all property machinery buildings and works placed or erected by the Licensee Licence all on the said Island aud then thereon shall become remain and be the property of HER MAJESTY property of and Her Successors.

Licensee

shall belong

to the Crown

AND it is hereby lastly agreed that all expeuses incurred in the preparation and execution Expenses to of these presents shall be borne by the Licensee.

be paid by Licensee.

day of

18

IN WITNESS whereof the High Commissioner for the Western Pacific on behalf of

HER MAJESTY hath signed sealed and delivered this Indenture at

the day and year first above written and the Licensee hath also signed sealed and delivered the same on the

Signed sealed and delivered by the said High Commissioner for the Western Pacific in

And by the aforesaid Licensee in the presence of

the presence of

APPENDIX II.

(1..S.) (L.S.)

GRANT OF LICENCES IN RESPECT OF UNINHABITED ISLANDS. REVIEW OF RECENT HISTORY OF THE SUBJECT. Licences used to be issued for places within the boundaries respectively laid down in the Letters Patent of 10th June, 1868, and 19th July, 1879, either by the Governor of New South Wales or the High Commissioner of the Western Pacific, as the case might be, under the authority of those Letters Patent respectively; while in places outside such limits they used to be issued by the Secretary of State for the Colonies, acting under the authority of the Warrant of the 15th of September, 1881. These were licences to dig for, and take away, guano or minerals from certain uninhabited islands, situated chiefly in the Western Pacific Ocean, to which no foreign Power laid claim, but which, in some cases, had not, previous to the issue of such licences by the Crown, been considered to form part of His Majesty's Dominions.(1)

(1) Law Officers to

Office,

10 April,

When the matter was referred to them the Law Officers reported, on the 10th of April, Foreign 1888, as follows:-

1888.

"We agree with the report of our predecessors dated the 21st March, 1880, that 1888. when a licence, in the form adopted under the present system has been granted by Foreign Her Majesty and the licensee has occupied the island to which the licence applies and Office 8041, notified his occupation by hoisting the British flag, the island in question becomes part Western of Her Majesty's dominions, and will remain part of such dominions so long as Her Pacific. Majesty shall find it expedient to retain the sovereignty thereof.'

successors.

"The Letters Patent of the 10th June, 1868, and the 19th July, 1879, authorise dispositions of islands and other places belonging to Her Majesty, her heirs and The Warrant of the 15th of September, 1881, only authorises the dealing with lands vested in Her Majesty, by virtue of the Royal Prerogative, and subject to alienation at her pleasure. Neither the Governor of New South Wales nor the High Commissioner of the Western Pacific, under their respective Letters Patent, nor the