CO885-(11-13) — Page 509

16,957.

PUBLIC RECORD OFFICE

Reference :-

TICO. 885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

:

MY LORD,

No. 240.

(CYPRUS.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, 22nd October 1880.

We were honoured with your Lordship's commands signified in Sir Juliar. Pauncefote's letter of the 14th September last, stating that he was directed to transmit to us a despatch from Her Majesty's High Commissioner in Cyprus forwarding corre- spondence respecting an aotion which had been brought in the High Court of Justice against the Government of the island by Messrs. Mucci for an alleged breach of con- tract in regard to a contract for the supply of eucalyptus trees.*

That the case had been adjourned in order to take the evidence of Mr. Wild, a member of the Forest Department in India, and, in the meantime, the High Commis- sioner had applied for advice as to the measure of the liability of the Government in respect of that claim, and also as to their liability under a second contract to which Sir Julian Pauncefote afterwards referred.

That General Biddulph's letter contained copies of the two contracts (Enclosures 2 and 3), and of the correspondence relating thereto (Enclosure 4), and also the two Reports by Mr. Bovill, the Assistant Legal Adviser of the Cyprus Government (Enclo- sures I and 5).

That, as regarded the first contract (Enclosure 2), which formed the subject of the present suit, we were referred to Colonel Maquay's Report of the 26th March 1879, and also to his letter to Messrs. Mucci of the 27th March 1879, and to their reply of the 30th April following (Enclosure 4, i. and j.).

That the Cyprus Government declined to pay for the plants on the ground that Messrs. Mucci failed to execute the agreement-

1. By not having got 10,000 plants into the ground by the 15th March.

2. In having supplied many plants under one year old.

3. In having negligently planted and staked the young trees.

That Messrs. Mucci, in their reply of the 30th April, justify the delay on the ground

of the detention of the vessel carrying the plants by quarantine.

That, as regarded the condition of the plants, they urged that the plants were examined and passed and accepted without protest, that part payment was made, and that a certain number of trees were injured by improper irrigation, for which injury the Government officials were responsible.

That the only question of law which seemed to arise at present was whether the defence of delay by quarantine could be sustained, not being founded on any stipula- tion in the contract; that the further question whether such delay had been waived, and whether the other defences set up could prevail depended, it was presumed, on the evidence which might be forthcoming at the trial.

That, as regarded the second contract (Enclosure 3) for the lease of a nursery ground to Messrs. Mucci, we would observe that on the 13th February Messrs. Mucci were informed by Captain Patten (Enclosure 4, f.) that, as there was not then at the disposal of the Government of Cyprus any land with the requisite supply of water, the contract was cancelled.

That, in their reply of the 16th March (Enclosure 4, i. in g.), Messrs. Mucci declined to treat the contract as cancelled, but expressed their willingness to wait until July for the allotment of land thereunder.

That the decision of the Government, however, was that as Messrs. Mucci had not fullfilled all the terms of the first contract (that now sued upon), the second contract for the nursery ground must be abandoned; and in Colonel Macquay's letter of the 27th March (Enclosure 4, 1 in i.) Messrs. Mucci were informed that, owing to their non-fulfilment of the first contract, the Goverment would only pay in full for 5,518 trees, and that the second contract would be cancelled.

Sir R. Biddulph, No. 167; to Colonial Office, August 10: Colonial Office, August 24; "Hertslet's Treaties" (Turkey); "Turkey No. 36, 1878;" "Cyprus No. 1, 1879;" High Court of Justice Ordinance.

19916.-995. 25.-12/84.

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