CO885-(11-13) — Page 7

5123.

MY LORD,

No. 713.

(VIRGIN ISLANDS.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, May 25, 1871. We are honoured with your Lordship's commande, signified in Mr. Holland's letter of the 10th instant, stating-

1st. That he was directed by your Lordship to transmit to us the enclosed "case for "hearing on behalf of the Crown," "oase for the respondent" "appendix," and the judgment in the appeal which was undertaken in accordance with our report to the Foreign Office of the 30th June 1870, from the Vice Admiralty Court at Tortola to the Judicial Committee of the Privy Council in the matter of the "Telegrafo," together with extract from a Memorandum by Governor Sir Benjamin Pine.

2nd. That the "Telegrafo' was detained at Tortola by the local authorities on the 13th July 1869 on the allegation of the Dominican Government that she was a pirate, and had committed acts of hostility against that Government. She was released on the 16th of July and on the 21st was bought at a public auction at Tortola by a British subject named MacCleverty. It was, however, doubted by the local authorities at the time whether the sale was bond fide or fictitious with a view to obtaining a British register. She was again placed under detention on the 24th of July, but from difficulties which were anticipated in trying her at Tortola, and from want of sufficient ovidence that she had violated British neutrality, she was, before the 9th of August, again released. The vessel was afterwards detained a third time in accordance with our report to the Foreign Office of the 21st August 1869† to enable her to be prosecuted in the Vice Admiralty Court, and in January 1870 she was arrested under process from that Court.

3rd. That Mr. Holland was to state that since May 1870 a civil action, in which the damages were laid at 30,000l., had been pending, brought by the reputed owner MacCleverty against the Government officers who detained the vessel.

4th. That the Judicial Committee affirmed the judgment of the Vice Admiralty Court below that MacCleverty could have no damages in respect of the arrest by order of that Court in January 1870, and the reason assigned by the judge below was that no damages were claimed in the protest.

5th. That Mr. Holland was to request that we would favour your Lordship with our opinion upon the following questions:

First, whether the judgment of the Judicial Committee would prevent MacCleverty's

obtaining damages in the civil action;

Second, whether his real bond fide ownership could now be disputed; and

Third, whether upon the facts stated in the cases before the Judicial Committee the

case was one which should be compromised, if possible, upon reasonable terms. 6th. That your Lordship would be obliged if we would favour you with any sugges- tions which might be of service in the defence of the action if proceeded to trial.

In obedience to your Lordship's commands we have taken the questions submitted to us into our consideration, and have the honour to

Report

1. That though this question may be open to some discussion, on the whole we are of opinion that the judgment of the Judicial Committee is a bar to Mr. MacCleverty's obtaining damages.

2. We think that that judgment establishes his bond fide ownership, and that it cannot now be disputed.

3. We cannot advise any considerable sum being paid by way of compromise; it will be however for the office to consider whether it be worth while to make some trifling payment to get rid of the action.

In our opinion the action should be defended on the plea of res judicata.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE.

TRAVERS TWISS.

The Right Hon. the Earl of Kimberley.

&c.

&c.

&c.

• No. 617.

o 16178.-334.

25.-5/86.

A

↑ No. 595.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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