4049.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
12 PUBLIC RECORD OFFICE, LONDON
MY LORD,
No. 89.
(GRIQUALAND WEST.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with your Lordship's commands, signified in Mr. Malcolm's
Temple, 4th April 1876. letter of the 14th of March, in which he stated that he was directed by your Lordship to call our attention to certain questions raised by the Governor of the Cape of Good Hope upon the case of a certain Mr. Craven, a British subject, lately imprisoned by the Orange Free State.
2. That the material facts of the case, which would be found more fully set forth in the accompanying correspondence, appeared to be as follows:-
3. That one Herman Reinach, resident in the Orange Free State, the occupier of a farm called Magersfontein, in the province of Griqualand West, having committed an act of bankruptcy his estate was placed under compulsory sequestration in the hands of the Master of the High Court of the province by an order of the Court.
4. That Mr. Craven was appointed trustee, and, as such, sold by public auction the farm Magersfontein, which though claimed to be the property of Reinach's wife was treated as an asset of the insolvent estate.
5. That the trustee, Mr. Craven, learnt that a promissory note had been given (it is presumed after the sale) by the tenant of the farm in favour of Mrs. Reinach for rent of the farm, and thereupon he issued a public advertisement warning every one not to discount or take the note in payment.
6. That shortly afterwards Mr. Craven, when passing through the Orange Free State, was arrested at the suit of Reinach, who wished to institute an action against Mr. Craven for 470l. in consequence of the issue of the above-mentioned advertisement whereby the negotiation of the note above mentioned was stopped.
7. That another writ was taken out by Reinach in respect of the farm Magersfontein, which he alleged to have been wrongfully sold as being the property of his wife, and in respect of which he claimed 8,000l. damages.
8. That after some correspondence between Sir H. Barkly and President Brand, of the Orange Free State, Mr. Craven was set at liberty, apparently in an irregular manner and without the knowlege of President Brand, who had, in the meantime, arranged with Sir H. Barkly that he should be released upon the Governor of the Cape, in his capacity of Her Majesty's High Commissioner, giving security for payment of costs and damages. That Mr. Craven now claims damages against the Orange Free State for his arrest and imprisonment.
9. That it must be assumed that, according to the law of the Orange Free State, Reinach had a right to sue out a writ of arrest against Craven upon affidavit, alleging that the farm was and still continued the property of his wife, and stating the facts of the issue of the advertisement, the stoppage of the negotiation of the promissory note, and consequent loss and damage to himself.
10. That it would further appear that the legality of his arrest was a matter to be tried in a court of law, and that had he chosen to avail himself of it, Mr. Craven could have had the question decided in 24 hours.
11. That it further appeared that the second writ was illegal, but that, as in the former case, its illegality could only be pronounced by a court of law.
12. That Mr. Craven appeared to ask the Governor's support for his claim for compensation upon the ground that he acted in the matter as an officer of the High Court of Griqualand West. That he, however, appeared to have been only an assignee in bankruptcy, and, as such, your Lordship conceived, would be liable to an action for damages.
13. That your Lordship felt in doubt whether, under these circumstances, you would be justified in directing Sir H. Barkly to support, in his character of representative of Her Majesty, any formal claim for damage which Mr. Craven might prefer against the Orange Free State, and your Lordship therefore requested that we would favour you
▲ 18916.-89. 95.-19/84.