CO129-358 - Governor Sir Lugard - 1909 [10-11] — Page 447

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May the War Office endeavour to controvert the contention

of this Government that the property does not fall under

the operation of the Circular Despatches of the 9th. June,

1890, and the 30th. December, 1894.

In support of their argument they

quote the 11th. paragraph of the letter from the War

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Office of the 2nd. December, 1908. But in that paragraph

the War Office admit that the case is only analogous to

the cases contemplated by the Circulars the only distinct-

-ion being that the interest of the Colony in Colonial

Military Land proper is the premium plus the Crown Rent,

whereas their interest in the Spring Gardens property is

limited to the Crown Rent".

Paragraph 5 of the Memorandum

enclosed in the Circular of 9th. June, 1890, expressly

excepts lands and buildings "purchased and paid for by the

Imperial Government" and the 8th. paragraph of the same

Circular states that such lands and buildings shall be

separately dealt with.

The later Circular of the 30th.

December, 1894, defines Colonial Military Lands and Build-

-ings, to which alone the Circulars apply as "lands the

fee simple of which is vested in the Crown represented by

the