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conferred "no right" on the Crown that was not possessed before
the Ordinance 21 of 1901 was passed.
My advice is that the Secretary of State
be moved to disallow Ordinance 11 of 1902 and that section 2 of
21 of 1901 be repealed as being (1) unnecessary for the purpose
of conferring power upon the Governor to lease Crown Land: (2)
as hampering the Government in its disposal of Crown property:
and (3) as creating douots es to the power of the Crown over
foreshores and sea-beds which in the absence of the section
could not arise. For the sake of abundant, though as I think
unneeded, caution, the Ordinance repesling section 3 of Ordinance
21 of 1901 might contain a provison similar to that contained in
section 2 of Ordinance 11 of 1902, the disallowance of which I
advise.
4th. Novencer, 1908.
(Sd.) H. S. Berkeley,
Attorney-General.
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