357.
No. 157.
(MAURITIUS.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Temple, January 12, 1863. We are honoured with your Grace's commands, signified in Mr. Elliot's letter of the 5th January instant, stating that he was directed by your Grace to transmit to us a case prepared for the Colonial Agents General, respecting a money transaction between them, on behalf of the Mauritius Government and Messrs. Barnett, Hoare & Co. on behalf of the Commercial Bank in that Colony, and to request that we would favour your Grace with our opinion on the same.
Mr. Elliot was also pleased to state that your Grace was anxious to obtain our opinion as soon as possible, in order that the necessary action may be at once taken, and the requisite instructions sent out to the Colony by the next mail.
In obedience to your Grace's commands, we have taken this matter into considera- tion, and have the honour to
That-
Report
1. We are of opinion that the claim of the Commercial Bank of Mauritius to make the payments agreed to be made by them at the Mauritius in dollars, at the ñxed exchange of 8486.50 for every 1001. sterling received by them in London, is not well founded. A proposal to that effect was made in the first instance by Messrs. Barnett, Hoare & Co. in their letter of the 16th July 1862, but the terms offered in that letter were not accepted without modification, and the actual contract was constituted by the letter of Mr. Julyan, dated the 26th July 1862, and the acceptance of Messrs. Barnett, Hoare & Co. of the same date.
The question, therefore, turns wholly upon the construction of Mr. Julyan's letter. and this appears to us to be reasonably clear; he says, "I am prepared on behalf of "that Government to accept your offer modified as follows:-", and then follows an explicit and full statement of the whole terms which he is prepared to agree to; by a comparison of which with the offer, as originally made, it is seen, that (among other modifications) he omits the stipulation which Messrs. Barnett & Hoare had proposed, in the words of their first letter at an exchange of 8486.50 for every 100%. We think that, under these circumstances, that stipulation forms no part of the subsisting contract. 2. We do not perceive that there is any power in either party to determine the contract before the 1st September 1863.
3. If the contract should not be performed, on the part of the Commercial Bank, according to the view we take of its true constructions and effect, the only remedy which the Government of the Mauritius can take is (we conceive) by action at law against the bank, founded on such breach of contract.
His Grace the Duke of Newcastle, K.G..
&c.
&c.
&c.
We have, &c. (Signed) WM. ATHERTON.
ROUNDELJ. PALMER.
0 16978.-740.
25.-2/86,
PUBLIC RECORD OFFICE
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Reference :-
........................ C.O. 885
PUBLIC RECORD OFFICE, LONDON
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