The Secretary, Department of External Affairs, has forwarded for advice the fol-lowing memorandum:

I attach copy of the laws of Norfolk Island and invite attention to section 3 of the Proclamation on page 7661.

2. The Department is asked to advise whether it is permissible for aliens to hold freehold lands in the Island. I see nothing in any of the particular laws referring to the matter and assume, therefore, that under the section mentioned the common law would prevail. I understand the effect of that law to be that aliens cannot hold freehold.

3.1 shall be glad to be informed whether that impression is correct.

Section 3 of the Proclamation referred to⁽¹⁾(which is a Proclamation by the Gover-nor of New South Wales and its Dependencies, and Governor of Norfolk Island) pro-vides that:

Subject to the laws hereby enacted and to any laws which may hereafter be made for Norfolk Island, and to any Order of His Majesty in Council, all laws and statutes in force in the realm of England on the 25th day of July, 1828, the date of the passing of the Act 9 Geo. IV, c. 83, shall be applied in the administration of justice in Norfolk Island, so far as the same can be applied within the said Island.

As there are among the laws of Norfolk Island no particular enactments regarding the rights of aliens to hold freehold lands in Norfolk Island the 'laws and statutes in force in the realm of England on the 25th day of July, 1828' so far as they are appli-cable to Norfolk Island will apply.

In Halsbury's Laws of England, Vol. I, p. 306 the rights of aliens with regard to the holding of land are stated thus:

Previously to 1870 an alien could hold no real estate, and this rule extended to lease-holds. He could, however, take until an inquisition was instituted by the Crown; but on a return to the inquisition being made, which was termed office found, the Crown was en-titled to take. An alien could not, however, take by operation of law; thus an alien woman married to a British subject was not entitled to dower, and an alien could not be a tenant by the curtesy . . .

I am therefore of opinion that it is not permissible for aliens to hold freehold lands on the Island.

[Vol. 12, p. 263]

(1)Dated 23 December 1913.