FMIC.O. 885
14
| ALLY WITHOUT PERMISSION OF THE
PUBLIC RECORD OFFICE, LONDON
2
fixed by an assessor to be named by you on behalf of Her Majesty's Government and by the President of the South African Republic, but the Government of the South African Republic should be asked to pay any reasonable costs to be incurred by Mr. Hess in establishing his claim before the assessor, the amount of such costs, if disputed, to be settled by the assessor. It should be provided that but not to include any costs of taking Mr. Hess's evidence may be taken in England before a Commissioner or otherwise, should the assessor require him to give evidence and should he decline to go out to South Africa for the purpose of giving evidence.
I have, &c.,
R. E. W.
R. B. F.
DRAFT.
Messrs. GUEDALLA and CROSS.
GENTLEMEN,
Downing Street,
November, 1897.
I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of letter of the 4th of November accepting on behalf of Mr. Hess his offer to press the your Government of the South African Republic diplomatically to grant compensation to Mr. Hess for the loss which he has sustained through the suppression of the Critic, but stating certain points which you regard as essential conditions of the claim being made by Her Majesty's Government.
All that
I am to inform you in reply that Mr. Chamberlain cannot undertake to submit the nomination of the assessor for Mr. Hess's approval, or to stipulate that the assessor shall make his award within a specified time, nor can he attempt to fetter the assessor in any manner as to the evidence which he should admit as to Mr. Hess's claim. Mr. Chamberlain can undertake to do is to instruct the High Commissioner to press the Government of the South African Republic to grant compensation, to be fixed by an assessor to be named by the High Commissioner and the President of the South African Republic, and to ask the Government of the South African Republic to pay any reasonable costs to be incurred by Mr. Hess in establishing his claim before the assessor, the amount of such costs, if disputed. to be settled by the assessor, but not to include any costs of taking and that Mr. Hess's evidence may be taken in England before a Commissioner or otherwise should the assessor require him to give evidence, and should he decline to go out to South Africa for the
of taking-evidence.
purpose
The instructions to the High Commissioner will not be sent until after the receipt of your reply to this letter.
R. E. W.
R. B. F.
I
am, &c.,
27046.
No. 161.
(BERMUDA.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
December 17, 1897.
SIR,
We were honoured with your commands, signified in Mr. Lucas's letter of the 11th instant, stating that he was directed by you to submit to us the accompanying despatch and enclosures from the Governor of the Bermudas, with reference to a breach of the Quarantine laws of those Islands, recently committed by Commander J. G. Eaton, of the United States Navy, when in command of the national ship "Enterprise," which resulted in his being convicted before two Justices of the Peace for the Colony, under the sixth section of the Bermuda Quarantine Act, 1893, and being sentenced to pay a penalty of £10 and the costs of the prosecution, amounting to £3 17s. Od.
"
That by section 5 (1) of the above Act, if a vessel arrives at Bermuda in June, July, August, September, or October, the officer, or other person in charge, must immediately, on being shown by the pilot a copy of the "Quarantine Clauses yellow flag, and keep the same flying without intermission, until permitted in writing by of the Act, hoist a à Health Officer to haul it down, during all which time such vessel is to be and remain in Quarantine.
That by section 6 of the Act, whenever the officer or other person in charge of any vessel is required to hoist the yellow flag, it is the duty of the pilot and the person in charge of the vessel to pilot and take her, if entering from the East, to the first chequered buoy or to Murray's anchorage, at the option of the master, or, if the weather will not admit of her remaining at either of those anchorages, to a specified position in the Great Sound—unless such vessel be one of Her Majesty's Ships, or a troop-ship, or a store-ship, or freight-ship bound to Her Majesty's Dockyard to load or unload, in which case she is to be piloted to Grassy Bay; and the pilot is to remain with such vessel at the prescribed Quarantine ground until she has been visited by a Health Officer, and either released by him from Quarantine, or directed to proceed to some other place or anchorage. If any vessel-not coming under the exceptions above mentioned-proceeds further west than Murray's anchorage without the permission of the Health Officer, the master or person in charge of her may be summoned by any Justice of the Peace, to appear before any two Justices of the Peace to show cause why such vessel was permitted to proceed as aforesaid, without such permission; and if such master or other person in charge fails to show to the satisfaction of the Justices that such vessel was compefled by stress of weather, or other unavoidable cause, to proceed as aforesaid, he is liable to a penalty not exceeding thirty pounds, besides costs, and if the Justices see fit, to imprisonment not exceeding six calendar months.
That the "Enterprise" arrived at the Bermudas on the evening of the 18th September, entering from the East, and took up a pilot on nearing the Islands. That on the morning- of the 19th, which was a Sunday, she proceeded to Murray's anchorage with the yellow flag flying, in compliance with section 3 of the Quarantine Act. That Commander Eaton there awaited the Health Officer's visit, repeatedly blowing his whistle to attract that officer's attention, but that after a delay of fifteen minutes, on a suggestion from the pilot he proceeded to the anchorage at Grassy Bay, where he shortly afterwards obtained pratique from the West End Health Officer. That the reason he gave for acting as he did, was that the pilot showed him a “Notice to Pilots," dated 13th February 1897, from which he understood that the proper anchorage for him to proceed to was Grassy Bay. That Commander Eaton's bona fides in adopting that course appeared to be unquestioned. That as a matter of fact the East End Health Officer was approaching the "Enterprise" when she left Murray's anchorage, but that apparently no one on board was aware of this. That the "Notice" in question stated that "subject to the convenience and safety of Her Majesty's ships, and to the requirements of the Quarantine Acts and Regulations, Foreign ships of war and transports, and all other Foreign Government vessels arriving at these Islands are, until further orders, to be piloted to Grassy Bay, and there brought to anchor not nearer than 15 cables to any Naval moorings.”
That on the 21st September, Commander Eaton was summoned to appear before two Justices of the Peace at the Police Office of St. George, and that on the 22nd, after several witnesses, including himself, had been heard, he was convicted of a breach of section 6 of the Quarantine Act, 1893, and fined £10 and costs. proceedings Commander Eaton, who had not raised the point previously, desired to have That at the conclusion of the
073739-23-1297 WE 20260 Dx S
No. 161.
(BERMUDA.)
W OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
December 17, 1897.
oured with your commands, signified in Mr. Lucas's letter of that he was directed by you to submit to us the accompanying from the Governor of the Bermudas, with reference to a breach of hose Islands, recently committed by Commander J. G. Eaton, of y, when in command of the national ship "Enterprise," which victed before two Justices of the Peace for the Colony, under the uda Quarantine Act, 1893, and being sentenced to-pay a penalty he prosecution, amounting to £3 178. Od.
of the above Act, if a vessel arrives at Bermuda in June, July, ctober, the officer, or other person in charge, must immediately, pilot a copy of the "Quarantine Clauses" of the Act, hoist a same flying without intermission, until permitted in writing by t down, during all which time such vessel is to be and remain
any
he Act, whenever the officer or other person in charge of
st the yellow flag, it is the duty of the pilot and the person in ot and take her, if entering from the East, to the first chequered orage, at the option of the master, or, if the weather will not either of those anchorages, to a specified position in the Great 1 be one of Her Majesty's Ships, or a troop-ship, or a store-ship, Her Majesty's Dockyard to load or unload, in which case she is ty; and the pilɔt is to remain with such vessel at the prescribed he has been visited by a Health Officer, and either released by lirected to proceed to some other place or anchorage. If er the exceptions above mentioned-proceeds further west without the permission of the Health Officer, the master or y be summoned by any Justice of the Peace, to appear before
any
ace to show cause why such vessel was permitted to proceed as mission; and if such master or other person in charge fails to the Justices that such vessel was compelled by stress of weather,
J
to proceed as aforesaid, he is liable to a penalty not exceeding
s, and if the Justices see fit, to imprisonment not exceeding six arrived at the Bermudas on the evening of the 18th September, I took up a pilot on nearing the Islands. That on the morning unday, she proceeded to Murray's anchorage with the yellow ith section 5 of the Quarantine Act. That Commander Eaton
he
Officer's visit, repeatedly blowing his whistle to attract that after a delay of fifteen minutes, on a suggestion from the pilot orage at Grassy Bay, where he shortly afterwards obtained 1 Health Officer. That the reason he gave for acting as he did,
him a
"Notice to Pilots," dated 13th February 1897, from proper anchorage for him to proceed to was Grassy Bay. ona fides in adopting that course appeared to be unquestioned. East End Health Officer was approaching the "Enterprise' horage, but that apparently no one on board was aware of this. estion stated that "subject to the convenience and safety of > the requirements of the Quarantine Acts and Regulations, insports, and all other Foreign Government vessels arriving at her orders, to be piloted to Grassy Bay, and there brought to ables to any Naval moorings."
ber, Commander Eaton was summoned to appear before two he Police Office of St. George, and that on the 22nd, after himself, had been heard, he was convicted of a breach of section 93, and finel £10 and costs. That at the conclusion of the con, who had not raised the point previously, desired to have
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PUBLIC RECORD OFFICE
Reference -
TILLC.O.
.885
COPYRIGHT
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- PHOTOGRAPH-NOT TO