R
28913.
No. 49.
(SOUTH AFRICA.)
SIR,
LAW OFFICERS To COLONIAL OFFICE.
30 June.
telegram,
Royal Courts of Justice, September 3rd, 1900. Taylor and WE were honoured with your commands signified in Mr. Bertram Cox's letter of Company, the 18th ultimo, stating that with reference to our Report to the Foreign Office of the To Trea- 31st May last, relative to a claim made by Messrs. Taylor and Company, of Liverpool, mury, 21 for £225, on account of a consignment of cod-fish shipped by them to Lourenço Marques, July. and detained by the Customs Officials at East London, he was directed by you to transmit To High Commis- to us the accompanying further correspondence relating to Messrs. Taylor and Company's sioner, claim.
That we would observe that Messrs. Taylor and Company's claim for compensation 18 July. included a sum of £75 on account of a consignment of cod fish shipped by them by the To Trea- "Clan Matheson" to Lourenço Marques which was not referred to in the case submitted sury, 30
July. to us by the Foreign Office, and Mr. Bertram Cox was to explain that the grounds on To High which that claim was put forward were in all respects similar to the grounds on which Commis- sioner, 31 the claim for £225 on account of the consignment by the "Clan Sinclair
was made. That we would observe from the Treasury's letter of the 30th July last that it had ly been decided that the Imperial Funds should bear the charge for compensation.
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That we would also see from the High Commissioner's telegram of the 4th ultimo sioner, 4 that, in the opinion of the Customs Authorities in South Africa, Messrs. Taylor and August. Company's claim appeared to be excessive, and that they were therefore called
upon to submit, and had submitted in their letter of the 13th ultimo, a statement of the particulars of their claim.
From High Commis
To Taylor
and Com-
pany, 11
August.
a
"
Taylor and Company,
13 August.
That Messrs. Taylor and Company appeared to claim £100 for loss of profit which From their customers would have made on re-sale of fish sold to them by Messrs. Taylor, claim which seemed to you inadmissible, and also £50 for capital" tied up.'
That Mr. Bertram Cox was to request that we would favour you with our opinion
as to :-
(a.) Whether all, and, if not, which, of the heads under which Messrs. Taylor and Company claim compensation were admissible.
(6.) Whether Her Majesty's Government should offer Messrs. Taylor and Company
a lump sum in settlement of their claim, and, if so, what sum, having regard to the probable decision of a Court of Law if the case were brought to trial.
(c) What answer should be returned to Messrs. Taylor and Company's letter. (d) Generally.
We have taken the matter into our consideration, and in obedience to your commands have the honour to
Report-
That in our opinion the only legal damage suffered by Messrs. Taylor and Company is the invoiced price of the fish, and the charges mentioned in the invoices, together with
interest.
The interest seems to be covered by the claim for interest on the drafts, and we think therefore that the amount of £148 18s. 5d. (say £150) is enough to satisfy Messrs. Taylor and Company's claim. The other items of claim are unsustainable by Messrs. Taylor nud Company. It is, however, possible that they may have the authority of their customers to settle for them in respect of their loss of profit (£150) on re-sale. In this case it might be well to dispose of all claims at once. The hundred pounds asked on this head is probably excessive, but the amount might be adjusted. The £50 claimed by Messrs. Taylor is not sustainable on any legal principle. The case, however, is one in which we think litigation undesirable, the sum claimed is not very large, and costs to a considerable amount might be incurred.
We would suggest that some one be authorised to adjust the amount with Messrs. Taylor and Company. The matter is certainly one which ought to be settled without litigation.
We have, &c.,
The Right Honourable Joseph Chamberlain, M.P.,
R. B. FINLAY. EDWARD CARSON,
&c.,
&c.,
&c.,
• No. 37.
6705-25-0/1900 Wt 324 D&S
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