CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 435

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430

with the

Sir Moven

all work's interfering in any way foreshore or bottom of the harbor will not be projected

nor

plans sent home for

approval without the knowledge of this Government, which I am sure will be

glad to meet all reasonable requests,

it

now does in the Case of private applicants.

I have the honor to be, May Lout

Your obedient most obedient,

humble servant;

Kickers Graves Macdonnell

Governor

The question

in this case is whether the Naval &

Military authorities have a right to the shore between high water mark-

facie

There can, I apprehend, be no doubt that the Attorney General is right in his statement that the shore below high water mark is vested in the Crown. But the

question is whether the Crown rights to the foreshore

have

been granted away

The Attorney General in his opinion confines his discussions to

the

Customs Marine Lot which the Military authorities

took from Messrs. Is & Co. The terms

of the

Indenture remove all doubt, as it passes

"Land lying

on the shore at high water mark

But the Commanding Royal Engineer points out in his memorandum that he refers to the right between Was Department & Admiralty & to the foreshore in front of their property which was not granted by

the

Lease

From the letter of 1853 & plan thereto annexed,

7/1853 it would seem, however, that no

right to the

foreshore

Exists with respect to the cantilements there The term "Coast line" which I conceive

defines the foreshore clearly

means the high water line" is to be found in the letter, of the Admiralty bound by stores etc.

are placed at high water mark

It does not appear whether the Naval

authority have

any

land besides that held