CO129-358 - Governor Sir Lugard - 1909 [10-11] — Page 448

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the Colonial Government, but of which the War Department

has a right of perpetual user for purposes of defence"

It is evident therefore that the

property at Spring Gardens does not fall under the Circu-

-lars.

5.

The War Office further argue that

because the Colonial Government agreed to capitalise the

Crown Rent of Mr. Findlay Smith's property (Inland Lot No.

73 B) and of the Mount Austin Hotel property when the

residue of the leases of those properties was purchased by

the War Department from private owners, the Colonial

Government brought those cases under the Circulars above

referred to; and that therefore the contention of the

Colonial Government that the Spring Gardens property

similarly acquired, does not fall under the Circulars is

untenable.

But Sir William Robinson's Des-

-patch

154 of the 10th. May, 1895, and Mr. Meade's

thest in

reply of the 8th. August, 1895, clearly show that Mr.

Findlay Smith's property (and the Mount Austin Hotel pro-

-perty is in the same category) was made the subject of a

special agreement. Sir William Robinson proposed that

following the spirit of the Circular Despatch of the 30th.

December,

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