CO885-(20-21) — Page 285

PUBLIC RECORD OFFICE

། ། ། ། ། །

C.O.

Reference :-

885

21 PUBLIC RECORD OFFICE, LONDON

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

(7) Ibidem.

Secretary of State under his Warrant, has, in our opinion, any power to grant licences as to islands which have not become part of Her Majesty's dominions.

"As long as the Letters Patent and Warrant are limited as at present, the form of licence should be amended so as to couform with the powers contained in the Letters Patent and Warrant respectively.

"We think it desirable that the use of the British flag should be required, so us to show the continuous occupation as a part of the dominions of Her Majesty. If it is desired to grant licences with respect to islands or territories of which no possession has ever been taken, or which do not form part of Her Majesty's Dominions the licences should authorise and empower the licensee to take and hold possession on behalf of Her Majesty, and the use of the British flag should be eujoined. Letters Patent or Warrants authorising the grant of such licences should be made or issued if necessary." (2)

In view of this report it was proposed that there should be two separate sets of instruments, the one set dealing with islands already claimed by Her Majesty and the other set dealing with islands not belonging at the moment of the grant either to Great Britain or any other civilized Power. The first set would fall entirely within the province of the Colonial Office. the Foreign Office being concerned with the second set only. A form of Letters Patent was accordingly prepared authorising the Governor of New South Wales (the previous authority of the High Commissioner of the Western Pacific in the matter being cancelled, so that there might be one licence-issuing authority only in the Pacific) in all cases to grant leases of islands and places in the North and South Pacific Oceans not being within the jurisdiction of any civilized Power, and the existing form of licence was amended at the same time to meet the requirements of the case in question. The Colonial Office concurred generally in these amended Letters Patent and form of licence, as did the Law Officers, who reported, on the 23rd of Omo 897189, February, 1889, that, in their opinion, it was "advisable that in regard to licences for islands not already within the dominions of the Crown, such Letters Patent should be issued separately, and by the Foreign Office." A copy of the report of the Law Officers of 23rd February, 1889. was communicated by the Foreign Office to the Colonial Office on the 22nd of March, 1889. together with copies of drafts of the amended form of Letters Patent and Licence for places uot in the British dominions.(3) The two drafts were converted in this Office, with a few ink alterations into a form of Letters Patent and Licence suitable for places already in the British dominions, and copies of the drafts so altered were sent to the Foreign Office on the 4th of May, 1889.(4)

(3) Foreign

Western Pacific.

(4) On Voreign Office 5971, 1889.

(6) On Foreign

Later in the same year it was decided to substitute the High Commissioner of the Western Pacific for the Governor of New South Wales, and the two sets of Letters Patent, dated respec- tively the 19th and 20th of May. 1890, were sent out, with copies of their respective forms of licence to the High Commissiouer for the Western Pacific in our despatch, No. 15, of the 30th of May, 1890.(5) The form of licence for islands already within the dominions of Her Majesty sent with the despatch is the one printed as a Colonial Office Paper, Australian No. 140. A further form was subsequently printed containing one or two small amendments. and copies of the form as so amended were sent out in our despatch to the High Commissioner (6) On High for the Western Pacific, No. 23, of the 19th of November, 1891.(6)

Office 8245.

1890, Western

Pacific.

Commia.

sioner 18692,

1891, Western Pacific.

(7) See Law

Officers to

Treasury,

enclosure in

Tresaury

The form so sent is that printed as a Colonial Office Paper Australian No. 151, super- seding Australian No. 140, and still apparently in force.

In the meantime the Royal Warrant of 15th September, 1881. was also receiving amend- ment, and the question of the continuance of its use was referred by the Treasury to the Law Officers. "The Colonial Office," it was explained. have now suggested to the Treasury, that the Warrant to the Secretary of State requires amendment, and have proposed that it should be amended as shown in red ink in the accompanying copy"; and the Treasury accordingly asked for the opinion of the Law Officers on the following points: —

"1. Whether, if Letters Patent are requisite for the powers to be given to the High Commissioner the weaker instrumentality of a Royal Warrant will suffice for the powers to be given to the Secretary of State.

"2. Whether, if two different instruments, emanating from two different departments, are required for the two different classes of islands, in the case of the High Com- missioner, a single instrument will suffice for both classes of islands in the case of the Secretary of State.

"3. Whether, if both the foregoing questions be answered in the affirmative, the wording of the draft warrant is suitable for the purpose it is intended to fulfil." (7) The Law Officers replied on the 10th of July, 1890:-"In our opinion a Royal Warrant. 10 July, 1890, will suffice for the powers proposed to be given to the Secretary of State in respect of both classes of islands and places, and, assuming that it is intended to give the Secretary of State concurrent power with the High Commissioner of the Western Pacific of granting, selling, or disposing of islands, &c., subject to the Letters Patent already approved, the wording of the draft Warrant now submitted to and initialled by us is sufficient for the purpose it is intended to fulfil; but if it is intended that there should not be concurrent power in the Secretary of State and the High Commissioner over the places subject to the jurisdiction of the High Commissioner under such Letters Patent, such places should be excluded from the operation of the Warrant.

13339, 1890.

Western

Pacific.

It might, in our opinion, create difficulties if a concurrent jurisdiction existed."

R. G.

9

APPENDIX III.

PRÉCIS OF PRINCIPAL POINTS IN THE EXISTING LICENCES GRANTED BY THE SECRETARY OF STATE FOR THE REMOVAL OF GUANO OR OTHERWISE FROM UNINHABITED ISLANDS.

Grantee.

Period.

Purpose.

1. Marion and 21 years from "removing

Prince Edward 1st February, Falandsgranted 1908.

to W. B. New.

1st January, 1910.

2. Nightingale, 25 years from

Gough, and In noceusible Ix- lands, granted

to South Al- lantic Trading

Cumpany.

3. Malden Island seven years from 1st Janu. granted to Grice SumAPT

My, 1895; ex- tended after- and Company.

wards up to 31st December, 1921.

4. Ten Islands in 99 years from

the Pacifo granted Levers Pacific Plant- ations, Limited

5. Jarria

to 1st January, 1902.

and 99 years from In- the 1st day of January, 1906.

Starbuck lands granted

to the Pacific Phosphate Company, Limited.

6. Ocean Island granted to the Pacifio Phos phate Com- pany, Limited.

guano.

"for the purpose

of

Whether Licence is

exclusive.

Revocable.

Remarke.

The Licensee is given

"the exclusive right to occupy the said Islands for his own tise."

The Secretary of State the revoke may Licence in various circumstances,among which are:-

(1) Bix months' arrear in the payment of any sums due. (2) "If it shall appear to the Secretary of State to be expedient on political grounds

Or otherwise to

revoke this licence."

The Licenses has to pay a rent of £25 And a per year, royalty of 6d. par ton on all guano exported in excese of 1,000 tons a year.

A yearly rent of £75;

a royalty of 3. per ton on all guano exported in excess of 500 tons a year.

are

As above

Licensees The removing granted the exolu- Nive right to occupy the said islands for their own use for the purpose aforesaid." But The Licensees shall not hinder or interfere with the inhabitants of Tris- tan da Cunha who

guano and other fertiliz ing substances therefrom and for the pur- pose of taking seals upon the said Islands and within

the territorial waters there- of."

"for the purpose of removing guano and other fertiliz ing substances therefrom,'

"for the purpose

of the plant-

ation and culti-

vation of cocoa thereon nuts and for the man u facture of capra from such cocoa- nuta."

"for the purpose of removing КОВДО and other fertiliz ing substances therefrom "

98 years from As in No. 5.

January,

lat 1902.

may from time to time engage in fish- ing in the waters of and adjacent to the said Islands."

The

are

Licensees granted the exolu. sive right to occupy the said Island for their own use....

As above (except that there is nothing said in this case about any six months' arrear).

As in the preceding As in No. 1 with the

lease.

"the exclusive right to occupy the said islands for their own use for the purpose aforesaid "

But the Licensees are to duly respect the persons and rights of other inhabitants of the said Islands, if any."

As in No. 5 except that the last two words quoted above (viz., if any ") are omitted in this care,

further provision that His Majesty's Government" may at any time... resume and take possession of and occupy any land in any of the Baid islands which may be required for the purposes of any telegraphic cable..

As in No. 4 except that there is not in this case the usual provision about it appearing expedient to the Secretary of State on political grounds to revoke the lioanoo.

As in No. 5 except that in this case there is no reference to any resumption of the Island for a telegraph cable.

A

yearly rent of £200.

first

£200 a year for the two years; afterwards a royalty

of 21. per ton on all copre exported, and Ja, a ton on cocon-

nut oil, and 15. or 1 per cent of the value of any other substance or pro- duct of the islands according as 6X- ported to (European Atlantic) or (Australian or Pacibc) port.

OF

For the first four years a rent of £15 a your in respect of each Island; for the next three years £25 a year in re- spect of each island; afterwardas royalty of 6d, a ton on all other guano fertilizing stances exported.

or

sub-

For the first four years £50 a year ; thereafter a royalty

of 6d. per ton on all guano and other Bob- Fertilizing

stances exported.

Colonial Office,

22 May, 1910.