CO885-(13-15) — Page 206

4811.

No. 203.

(NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

MY LORD,

We were honoured with your Lordship's commands signified in Mr. Bramston's

March 6, 1891. letter of the 23rd ultimo, stating that we should remember that the question of granting compensation to the owners of certain lobster factories in Newfoundland was discussed at a meeting at the Colonial Office which we attended last summer, but that no action was then taken.

That it had since been reported that other factories had been, or were being, erected, possibly with a view to being closed by Her Majesty's officers and thereupon being made the subject of a claim for damages; and that Mr. Bramston was directed by your Lordship to transmit, for our consideration, the draft of a despatch which you proposed to address to the Governor of Newfoundland respecting factories begun since the commencement of the modus vivendi of last year.

That your Lordship would be glad to be favoured with any observations which we might have to offer on the draft; especially as to whether, in paragraph 5, Her Majesty's Government were sufficiently guarded against any admission of present liability, and as to how far the proposed notice would protect Her Majesty's Government against claims for compensation.

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to report-

That in our opinion the draft despatch submitted to us may properly be sent to the Governor of Newfoundland.

The language of paragraph 5 appears to us sufficiently to guard Her Majesty's Government against an admission of present liability. The proposed notice will not protect Her Majesty's Government against claims for compensation if it should be decided that factories have Leen closed without legal authority, but we think it desirable that such notice should be given, as its effect will probably be to check the erection of such factories.

We have, &c. (Signed) R. E. WEBSTER.

EDWARD CLARKE.

M

The Right Hon. Lord Knutsford,

&c.

&c.

&c.

E5453.6.

23,-8/91-

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C.O.885

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