CO885-(13-15) — Page 296

21625.

No. 21.

(SOUTH AFRICA.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice,

October 25, 1892.

MY LORD,

We were honoured with your Lordship's commands, signified in Sir P. Currie's letter of the 9th September last, stating that he was directed by your Lordship to trans- mit to us the papers noted in the margin relative to a claim advanced against the Por- tuguese Governinent by Messrs. A. Cohen and Co., British subjects, trading at Beira, in the Portuguese possessions on the East Coast of Africa, on account of losses alleged to have been sustained by them through the arbitrary acts of the Portuguese authorities at Beira, in April 1891.

That the circumstances were as follows:--

That Messrs. A. Cohen & Co. shipped from Cape Town, per the "Norseman," a stock of goods for opening up stores at M'Pandas, some way inland from Beira.

That the "Norseman was one of the vessels under the command of Sir John Willoughby, which were stopped at Beira under circumstances which formed the subject of the reference to our predecessors from the Foreign Office of the 29th May 1891, and as to which they reported, on the 6th July 1891, that in their opinion Her Majesty's Government were entitled to demand compensation from the Portuguese Government.

That a copy of the statement sworn before Her Majesty's Vice-Consul at Delagoa Bay, describing the details of the occurrence, which accompanied the reference of the 29th May 1891, was enclosed, together with a full report on the items of the claim (v. inclosure to Colonial Office letter of 12th August 1892).

That Sir Philip Currie was to request that we would take the papers into our con- sideration, and that we would favour your Lordship with our opinion"

(1.) Whether Her Majesty's Government were entitled to demand on behalf of Messrs. Cohen and Co. compensation from the Government of Portugal in respect of the acts complained of; (2.) If yes, to what extent could the items and amount of the claim of 5,000l. now presented be properly supported by Her Majesty's Government; and (3.) On what special grounds could such claim most advantageously be based.

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

2

Report

That in our opinion 1. Her Majesty's Government is entitled to demand, on behalf of Messrs. A. Cohen aud Co., compensation from the Government of Portugal in respect of the Acts complained of. 2. The greater part of the items claimed cannot properly be supported.

The item 2,5004. alleged to have arisen from loss of credit occasioned by the regis tration of the deed of hypothecation is too speculative and remote, and cannot be maintained.

The item of 1,500/. for loss of profit seems to be greatly exaggerated, though some allowance might fairly be claimed under this head, say 500/.

The item of 1007. for loss of interest on capital cannot be maintained together with the claim for loss of profit.

The other items, though imperfectly vouched and not clearly made out, would justify

a further demand for damages, suy 500., making altogether 1,000/.

3. The special ground on which the demand inay fairly be made is the illegal deten- tion of the goods.

The Right Hon. the Earl of Rosebery,

&c.

&c.

&c.

* C. O. 11 January 1892.

We have, &c. (Signed) C. RUSSELL.

JOHN RIGBY,

C. O. 19 August. Statement by Sir J. Willoughby.

I

70451.-31.

25.-11/92.

PUBLIC RECORD OFFICE

6

TIT

Reference :--

C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

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