2
authorise the making of any law repugnant to the provisions of any Imperial Act, (or to any enactment having the force of an Imporial Act) which is expressly, or by necessary intendment, made applicable to the Straits Settlements.
We have, &c. (Signed)
C. RUSSELL. JOHN RIGBY.
#
The Most Hon.
The Marquess of Ripon, K.G.,
&c.
&c. &c.
18711.
No. 43A.
(NEW SOUTH WALES.)
LAW OFFICERS to FOREIGN OFFICE.
detention of
MY LORD,
Royal Courts of Justice, September 29, 1893. WE were honoured with your Lordship's commands, signided in Sir Edward Arrest and Grey's letter of the 31st July last, stating that he was directed by your Lordship to J. B. Car transmit to us certain further papers respecting the case of the barque "Costa Rica panter, water Packet," in respect whereof we gave an opinion to your Lordship on the 19th April Packet," by last*.
of "Costs Ries
Netherland authorities
That that Report was enclosed for convenience of reference, together with the at Ternate. papers submitted to us in the first instance. That these papers would place us in a for possession of the action of Her Majesty's Government and of that of the Netherlands since we advised on the case.
That, in pursuance of our advice, we should observe that the Netherlands Govern- ment had been informed that Her Majesty's Government would not put forward any claim on account of the alleged loss suffered by the crew and the owners of the barque.
That we should, however, note that in the Memorandum communicated by Sir Saul Samuel to the Foreign Office on the 19th instant a distinction was sought to be estab- lished between an ordinary merchant-vessel and a "whaler," a point on which Sir Saul had laid particular stress in a recent interview at the Foreign Office.
That Sir E. Grey was to request us to take these further papers into our consider- ation, and to inform your Lordship whether we saw any grounds for modifying the opinion expressed in our Report of the 19th April last."
In obedience to your Lordship's commands, we have taken the papers into our consideration, and have the honour to
Report-
*
Į
That in the papers which were originally before us prominence was not given to the contention now raised by the further papers, that the arrest of Mr. Carpenter put an end to the whole adventure in which the "Costa Rica Packet if that contention had been more explicitly placed before us, though we might have was engaged; but even suggested that the claim of the owners and crew should be put forward, we should still have had great hesitation in saying that, as a matter of law, in accordance with the principles which would be applied by a Court of Justice, the loss of the voyage was a necessary or natural consequence of the arrest of Mr. Carpenter. We do not, however, mean to convey that international claims are in all cases to be restricted by the rules of municipal law.
It appears, however, that the Netherlands Government have been distinctly informed. that no claim will be put forward on account of the alleged loss suffered by the crew and the owners, and upon the whole, therefore, we do not find, in the further papers now laid before us, sufficient grounds for modifying the opinion expressed in our Report of the 19th April last.
We cannot avoid adding that there is a considerable tone of exaggeration in the manner in which this claim has been advanced.
We have, &c. (Signed) C. RUSSELL.
JOHN RIGBY.
compensation.
o 73871.44. 23.---9,91.
* No. 35.
עפנובגורם -
C.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
2
We have read the further papers forwarded on the 28th instant.
C. R. J. R.
We have considered the Memorandum of Lord Rosebery of the 6th instant, and we have to say that, putting aside the communication to the Netherlands Government, we see no sufficient ground for modifying our report of the 19th April last. In our opinion, the further claim suggested cannot in law be supported.
The Earl of Kimberley, K.G.,
&c. &c. &c.
October 23, 1893.
C. R. J. R.
List of Papers.
To Sir H. Rumbold
Sir H. Rumbold
May 17, 1893. May 20,
Memorandum communicated by Sir S. Samuel
July 19.
Colonial Office (2)
July 18,
"
Sir H. Rumbold
July 22,
Law Officers' Report
April 19, 1893.
(Papers sent therewith as per List with draft.)