PUBLIC RECORD OFFICE
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CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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may affect its operation, by ordering that an existing Law or gislature of a British possession may (with or without specific rations in that existing Law) be in force in the British possession al Act) as if the Law or Ordinance (with or without the specified rations) were part of the Imperial Act.
the Canadian Act provides that it is to come into force by Her Majesty's Order in Council to suspend the operation of the direct that this Act shall have effect in Canada, subject only to may thereafter be made by the Parliament of Canada.
otion provides that where any other arrangement (that is, new hose mentioned in the Second Schedule) shall be made by Her ign State, the Governor may by Order in Council direct that the h foreign State and to such arrangement.
this Act can be worked out consistently with the Imperial Act. s to be no power by that Act to make an Order applying as ws, to be made from time to time by the Parliament of Canada, treaties without Her Majesty's Order in Council, and we think resh treaties, the Order in Council of Her Majesty would be law. applicable, by the means provided by section 18 of the
at as the Canadian Act now stands, it is in conflict with the Orders Council consistent with the provisions of the Imperial Act cannot be framed.
Earl of Carnarvon,
&c.
We have, &c., (Signed) JOHN B. KARSLAKE.”
RICHARD BAGGALLAY.
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4362.
No. 12.
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(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, 31st March 1874. We are honoured with your Lordship's commands, signified in Lord Tenterden's letter of the 13th inst., stating that he was directed by your Lordship to transmit to us the accompanying letter from the Colonial Office, respecting the claim of Mr. Kynoch against the Spanish Government for compensation on account of the seizure of his property by the authorities, arising out of the Cuban insurrection. That Lord Tenterden was also to transmit to us a despatch upon that subject from Her Majesty's Consul-General at Havana, to whom the letter from the Colonial Office was referred, and that he was to request that we would take those papers into our consideration, and favour your Lordship with any observations we might have to offer thereupon.
In obedience to your Lordship's commands we have the honour to
Report
That Mr. Kynoch, the memorialist, appears to have managed the estate of Figueredo, Brothers, in Cuba, under arrangements that he should receive a salary from them. In September 1868 the salary was in arrear, and there was due to him on that and other accounts about 20,000 dollars. He received from Figueredo a notarial document, and by virtue of this became a preferential creditor, having a charge on the estate for the payment of his claim.
On the breaking out of the insurrection, in which Figueredo was seriously compro- mised, he got together the stock, &c. on the estate, and handed them to the Spanish authorities. He obtained judgment in a suit against his employers, and in part satisfaction of his judgment received from the Spanish authorities the proceeds of the stock, &c. which had been sold by them, thus reducing his debt to something over 14,000 dollars, for which he still had a charge on the estate, with the buildings, machinery, &c., thereon.
By Royal decree the estates of insurgents were confiscated, the estate of Figueredo amongst the rest, and no doubt the estate and the property thereon have seriously deteriorated in value by the state of things arising out of the insurrection.
The Spanish Government have not, as far as we can gather the facts, realized any monies from this estate. They recognise Mr. Kynoch's claim, and say that if any funds accrue from the estate, which is said to be at present abandoned, Mr. Kynooh's demand would perhaps be favourably considered. (See Mr. Dunlop's letter.)
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Mr. Dunlop further states "that were the Commission on Embargoed Estates to act with liberality, with equity towards foreigners, they would pay Mr. Kynoch out "of the aggregate funds of the general embargoed property in the Island, but this
they hitherto demur to doing, &c.”
This course, it appears to us, might be liberal, but we doubt whether it would be equitable, for each embargoed estate should be liable rather for the debts secured on it than for those secured on others.
According to Mr. Dunlop, the Spanish authorities might be willing to give up the estate to Mr. Kynoch, but he says, "Mr. Kynoch might not be induced to accept
this."
We fail to see that under these circumstances any claim can be properly made against the Spanish Government by Her Majesty's Government.
Mr. Dunlop, however, says that he is informed the Spanish Government have paid some almost similar claims due to American citizens; and we think that further information should be obtained as to the nature of these claims or circumstances under which they have been satisfied. This information might enable Her Majesty's Govern- ment to make a representation to the Spanish Government that they should satisfy Mr. Kynoch's claim (he giving up all interest in the property charged with his debt)
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in the same way that the American claims have been settled. Mr. Dunlop refers to a case of Messrs. Baring, recently before the Foreign Office, as to which we have no information.
The Right Hon. Earl of Derby.
We have, &c.,
(Signed)
.
J. B. KARSLAKE.
R. BAGGALLAY.
J. P. DEANE.
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