R
29668.
1
SIR,
No. 101.
(TRANSVAAL. ORANGE RIVER COLONY.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
August 22nd, 1901.
WE were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 9th instant, stating that, with reference to our Reports of the 30th November and the 12th January last,* dealing with the question of the liability of His Majesty's Government to take over obligations incurred by the 'Governments of the late South African Republic and Orange Free State, he was directed by you to transmit to us the accompanying correspondence respecting the estate of the late Mr. J. H. Crewes, who died at Pretoria on the 22nd March, 1900.
That we should observe that in the enclosed letters from Messrs. Chilcott & Sons, of the 22nd and 25th May, reference was made to a claim against the late Government of the South African Republic for the value of certain survey work done by Mr. Crewes for that Government, and that we should also observe the statement contained in Lord Kitchener's despatch of the 28th June, viz., that it would be very undesirable to recognize any claim for personal service rendered to the late Government of the South African Republic, except in very exceptional cases.
That our Report of 30th November, 1900, did not appear explicitly to indicate whether claims for personal service rendered to the late Government should be recog- nized; and that Mr. Bertram Cox was, therefore, to request us to advise you on the following points:
1. Whether His Majesty's Government should, in our opinion, accept responsibility
for debts incurred by the late Governments of the South African Republic and Orange
Free State to individuals for personal services rendered to them--
a. Before the commencement of war;
b. During the war ?
We have taken the papers into our consideration, and, in obedience to your commands, have the honour to
Report-
1. That we think that the general principles stated in our Report of 30th November,
1900, and applied to the particular case of goods supplied in our Report of 12th January,
1901, are applicable also to the case of personal services.
a. If these services were rendered before the war, we think there is an equitable claim to payment, subject to the qualifications indicated in our previous Reports.
Every case must, however, largely depend upon its special facts.
b. If such services have been rendered during the War, no claim arises.
We have, &c.,
R. B. FINLAY, EDWARD CARSON.
The Right Honourable Joseph Chamberlain, M.l'.,
&c.,
&c.,
&c.
• Nos. 60 and 66.
9829-25-8/1901 Wt 952 D & S
5
PUBLIC RECORD OFFICE
Reference :-
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