PUBLIC RECORD OFFICE
Reference :-
C.O. 885
24 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
254
E.
APPENDIX D.-MISCELLANEOUS.
"Temporary" requisition certainly raises more difficulty, for it would be Still, the impossible to insist that the title had finally and irrevocably passed. ship, while so requisitioned, would presumably be capable of registration as a British Government ship. But it would be prudent to avoid "temporary" requisi- tion in the case of ships visiting neutral ports.
F. I do not see any real difference between the position when payment has been deposited and when an undertaking satisfactory to the Prize Court is given. The title passes by requisition, not by deposit of payment.
ii. I see no real difference, but since the ship's papers would in the latter case show an individual as owner, it might make the position clearer for a neutral tribunal if the Government which requisitions is registered às owner.
16th January, 1915.
1462
No. 3.
JOHN SIMON.
MEMORANDUM ON CERTAIN PRIZE COURT ACCOUNTS FROM SIERRA LEONE.
A NUMBER of points arise on these accounts, sec Annexures A, B, C, D, E, and F, and it seems desirable to submit them to the Committee in order that we may arrive at some basis for dealing with future accounts as they come in. I will take the points one by one in the order in which they arise on the various items in the Annexure A.
accounts.
Paragraph 3.--On the 26th of April the Governor suggested that the Marshal at Freetown should receive a gratuity of £150 in consideration of the extra work It is plain, therefore, that the thrown upon him by his appointment as Marshal. whole of this sum of £1,162 11s. 8d. will not go into the Marshal's pocket. decision has been taken on this proposal pending the decision as to the general
status of the Prize Fund.
No
Paragraph 4.-The general question as to the payment of the Proper Officer of the Crown is also awaiting the decision with regard to the status of the Prize Fund, and the question with regard to this particular officer's remuneration (debit A) must therefore continue undecided. (Debit B).-There is nothing to show what the nature of the services referred to under this heading may be. This is being inquired into.
Annexure B.
Right-hand column. It appears from Annexure F that all the expenses men- tioned in the right-hand column have been charged in the Marshal's account against the value of the ship and proceeds of the condemned cargo, and therefore against the Prize Fund.
Items 1 and 3.-We have no details with regard to these items, and it will be necessary to ascertain under what Order of Court the expenditure was made and what was its exact nature.
Item 2.-See under Annexure A, paragraph 4, debit A, above.
Items 4, 6, and 7.-In so far as these services were rendered in connexion with It will the released cargo the cost ought not to be thrown upon the Prize Fund. apparently be necessary to make further inquiry on this point.
Item 5.-The expense of this should apparently be borne by some Imperial Fund other than the Prize Fund.
Items 8 and 16.--It may be desirable to claim that, in so far as these dues and duty were charged in respect of condemned cargo, they should be remitted in whole or in part.
It may be that some of these relate to clearance. If so they should be charged to the Union unless remitted.
Items 9 and 10 should be charged against the ship.
Item 11.-I do not understand the nature of this item. It seems probable that it refers to a refund made by the Marshal out of the price received by him from the Admiralty for the bunkers on board the ship when she was taken over by the Admiralty. There does not appear to be any credit for the value of the bunkers, and some further inquiry would appear to be necessary.
APPENDIX C.-MISCELLANEOUS.
255
Item 12-This expenditure was probably undertaken in order to fit the ship for use after her requisition. It would seem, therefore, that the expenses should fall on the ship's running account, i.e., the Union Government. If, however, the ship is sold for the benefit of the Prize Fund, or is made subject to an undertaking by the Transport Department for the benefit of the fund, the fund will get the advantage of the repairs effected, and from this point of view, therefore, it would seem proper to charge the fund with the cost of the repairs.
Item 13-All appraisement fees of the ship and of the condemned cargo seem properly chargeable against the fund; presumably only condemned cargo is referred to.
Item 14.-Auction fees are, of course, properly chargeable against the fund, as they presumably were due in respect of sales of condemned goods.
Item 15.---Warehouse rent. This is properly chargeable against the fund in so far as it refers to condemned cargo. Further particulars seem necessary.
With regard to the remainder of this annexure, which falls under the heading "Fees," I would suggest that someone from the Admiralty Marshal's office should be asked to attend a meeting of the Committee, since I am not clear how far these fees ought to be paid out of the Prize Fund. The charges for maintenance and the percentage fees on the value of the condemned ship and cargo presumably are so chargeable, and this would apparently apply to the fee for swearing appraisers of the ship and condemned cargo. I understand, however, that in this country the Crown does not pay fees, and I am not clear how many of these fees would he actually paid here. With regard to the release fees the position is a little obscure. In taking the debit and credit sides of this account together it looks as if the amount of the fees had been paid by the Crown and then recovered from the owners, so that there is nothing to charge against the fund.
Annexure C.
These fees appear not to have been recovered from the owners, and the charge should apparently therefore be met from some Imperial fund other than the Prize Fund.
Annexure D.
The release fees seem to be in the same position as those referred to under Annexures B and E. As to the fees for service of writ and possession of ship, these appear not to have been recovered by the Crown, and it has to be considered whether the amount is chargeable to the Prize Fund or not.
Annexure E.
Left-hand column.-The release fee for cargo, item 11, has been recovered from the cargo owners. That for the ship, item (b), was paid by Captain Milman, and will, no doubt, be charged to us by Houlder, Middleton, and Company, thus falling on the Prize Fund. If the proceeds of trading with condemned steamers are not to be credited to the Prize Fund this fee ought not to be charged on the fund.
Item (c). The fund will get the benefit of this expense when the ship is sold, and it would appear therefore that the charge can fairly be imposed on the fund.
Right-hand column.-Inquiries appear to be necessary as to the date of the first four items. Probably the expenses were incurred with a view to fitting the ship for sea. In that case they ought not to fall on the fund if the profits of the voyage are not to be credited to the fund.
Item 5.-This should apparently fall on the fund.
Item 6.-As already seen from the left-hand column the appraised value of the stores is credited to the fund, and, following our arrangements with the Transport Department, the cost of the inventory ought to fall upon the fund in consequence.
Item 7.-An inquiry will be desirable to see whether a refund of dues should be obtained and whether any part of dues not refunded ought to be charged to the trade account of the vessel.
Items 8, 9, and 10.-These will follow the decision as to similar items already mentioned.
Item 11-This has already been dealt with in connexion with the left-hand column.
C. T.,
October, 1915.
256
(No. P. 83/1915.)
SIR,
APPENDIX D.-MISCELLANEOUS.
ANNEXURE A.
Crown Law Officers' Chambers, Freetown, Sierra Leone,
s.s. "Professor Woermann."
31st May, 1915.
I HAVE the honour to forward herewith a copy of the Marshal's account in this matter, which is being filed in the Registry.
2. You will observe that the account shows a number of articles as unsaleable.
I enclose also a statement showing the appraised value of these goods, and shall be glad to have instructions as to their disposal. I would suggest that an order be obtained for their delivery to the Crown.
This includes a sum of £900, being the percentage allowed on the sale of the ship. You are no doubt aware that the purchase money has not yet been paid, but that the ship was released on my undertaking to pay the appraised value, £90,000. The Marshal's fees have been retained by him.
4. The balance in the bank is £7,057 1s. 7d. To this should be added strictly the £90,000 for the ship. This balance is still subject to the following modi- fications:-
3. The Marshal's fees amount to £1,162 11s. 8d.
Credit:-£25 due from Mr. Wilbraham, being an advance to him for payment of Court fees.
Debit :-(a) Mr. Wilbraham's bill of costs as Proper Officer of the Crown. I understand that the amount of this bill is the subject of corres- pondence between Mr. Wilbraham and the Lords of the Admiralty in England. (b) Mr. Barlatt's bill of costs, taxed at £9 78. 10d., which I am This is for work done for the forwarding to you under separate cover. Proper Officer of the Crown. (c) My bill of costs as Proper Officer of the (d) Any further expenses Crown. This is in course of preparation.
occasioned by action from paragraph 2 of this letter.
5. The Marshal has obtained from the Colonial Treasury an advance to cover the amount of balances due to him in respect of certain other ships which have been dealt with in the Prize Court. I am asking him to forward to you a statement of this advance, in case the Lords Commissioners of the Admiralty may think fit to settle the liability out of the balance to the credit of the "Professor Woermann.”
I have, &c.,
E. GREENWOOD,
The Naval Agent,
Freetown, Sierra Leone.
Solicitor-General.