2
That in a letter from the Colonial Office of the 8th ultimo would be found a copy of the Newfoundland Bait Act of 1889, and of the regulations issued under it for the contravention of which the "Howard Holbrook" was seized; and that in a further letter from the Colonial Office of the 4th January last was enclosed an opinion of the Attorney-General of Newfoundland, commenting on Mr. Justice Little's judgment, and on the claim now advanced.
That Sir Thomas Sanderson was to request that we would be good enough to take the papers into our consideration, and favour your Lordship with our opinion as to
1. Whether the action of the Newfoundland authorities entitled the owners (and master) of the "Howard Holbrook" to compensation; and, if so,
2. Whether they should be referred to their remedy by an action for damages, and, in that case, against whom should that action be brought.
That your Lordship would, at the same time, be glad to be favoured with any observations on the case generally which we might be good enough to offer.
We were also honoured with two notes from Sir Thomas Sanderson, dated the 3rd and 16th instant, enclosing further letters from the Colonial Office on the subject.*
We have taken all the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report-
That, in our opinion, the action of the Newfoundland authorities does entitle the owners and master of the "Howard Holbrook" to compensation, and that it is advisable that the amount of such compensation should be settled by the direct action of Her Majesty's Government, without recourse to legal proceedings.
We have, &c. (Signed)
RICHARD E. WEBSTER. EDWARD CLARKE,
• Colonial Office, March I and 15, 1892,
9949.
No. 10.
(SOUTH AFRICA.)
LAW OFFICERS TO COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, May 14, 1892. We were honoured with your Lordship's commands signified in Mr. Fairfield's letter of the 22nd ultimo, stating that he was directed by your Lordship to inform us that our report, dated the 11th of December last, on the subject of the bearing of the 14th Article of the London Convention, 1884, on certain legislation proposed to be enacted in the South African Republic in regard to banking, was communicated confi- dentially to the High Commissioner for South Africa, who had in turn allowed his official legal adviser, Mr. W. P. Schreiner, Q.C., C.M.G., to peruse it confidentially.
That Mr. Schreiner had in the enclosed " opinion" stated his view of the question, and that your Lordship, in accordance with the special request of Sir Henry Loch, communicated that opinion to us for our consideration, and would be glad to be favoured with any remarks which we might wish to make
upon it.
That the papers enclosed in Mr. Bramston's letter of the 13th November 1891 were returned for reference.
That Mr. Fairfield was to add that the law of which the draft was enclosed in Mr. Bramston's letter had now been enacted by the Legislature of the South African Republic, with the omission of clause 11 of the draft, and with an addition to clause 16, which was immaterial to the question raised in Mr. Schreiner's opinion.
In obedience to your Lordship's commands we have the honour to
Report-
That we have again considered the questions raised in this matter, and that we see
no reason to modify, or depart from, the opinion previously expressed by us.
We have, &c. (Signed)
The Right Hon. Lord Knutsford, G.C.M.G.
&c.
&c.
&c.
No. 291 in Vol. IV.
RICHARD E. WEBSTER. EDWARD CLARKE.
0 70451.-12. 25.--5/98.
IL CO. 885
14
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE