CO129-294 - Governor Sir Blake - 1899 [10-12] — Page 58

COPY.

Enclosure

55

13 JAN

Honourable Acting Attorney General,

Can any part of the shores of Mirs Bay be regarded

as within our territory?. By the convention the waters are ours.

Do the waters include the foreshore, and if so, to what distance?

To high water mark or further ?

(Signed) J.H.Stewart Lockhart.

Colonial Secretary.

22-7-99.

༧

Honourable Colonial Secretary.

This is a difficult question to answer, because the

circumstances are so anomalous that one can find no legal au-

thority upon the subject, which would serve as a reliable guide.

By the common law of England, the Crown has a right

to the foreshore round England, i.e. up to the high water mark

of medium tides. ( see the cases of A.0. v. Chambers 4 D.M.and

S. 206 and per Lord Herschell in A.G. v. Îmerson 1891 app. Cos.

er p. 653).

at

The circumstances, however, of the present case are

so different, that I think different considerations apply.

In this case Great Britain can claim no greater rights

than those conferred upon her by reaty, and I am of opinion

that

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