§ Mr. Leaderwould now repeat the question which he had put on a former evening to the noble Secretary for the Colonies, by desire of several of his constituents, who were creditors of the late Duke of York. He wished to know whether the proceeds of the mines at Cape Breton, which had been decided to belong to the late Duke of York, were now applied to colonial purposes or to the liquidation of the debts of that illustrious personage?
§ Lord J. Russellwas understood to say, that the question whether the proceeds of these mines could be applied to the liquidation of the Duke of York's debts was still under litigation. As yet there had been no legal decision on the point in dispute. The only decision made was by the Colonial-office, that there should be reserved to the creditors of the Duke of York, if they could Drove his claim, the 7 right to receive the proceeds of the mine. The lessees had at first declined to pay the proceeds to the colonial revenue, saying that they might hereafter be called upon to pay the same amount to the creditors of the Duke of York; but it had been decided by the Colonial-office that they should pay the proceeds to the colonial revenue, and be reimbursed by it in case the Duke of York's creditors succeeded.
§ Mr. Humewanted to know whether the noble Lord would have any objection to lay upon the table a copy of the original grant, by which these mines were granted from the public to the Duke of York, and under which they had been assigned to his creditors?
§ Lord J. Russellcould not answer that question, as the whole affair was now in progress of investigation in a court of law.