CO885-(15-16) — Page 1

4368.

No. 18.

(SOUTH AFRICA.)

LAW OFFICERS TO WAR OFFICE.

Seizure of Goops in Transit to TRANSVAAL and ORANGE FREE STATE.

In our opinion the course adopted by the General Officer is right.

The goods are print jacie the property of the consignees. They were seized when

on their way to the enemy, and we think that the General Officer has acted properly in refusing to make any payments until the war is over. The claims of the consignors may then be investigated both as regards their ownership of the goods and their position as trading with the enemy.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

Law Officers' Department,

February 1, 1900,

CASE.

‛| ༄། 3། ·། །

PUBLIC RECORD OFFICE

لبيسات سياسيا

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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

Seizure of Goods in Transit to TRANSVAAL and Orange Free State.

The following is a copy of a despatch from the High Commissioner, South Africa, to

the General Officer Commanding Lines of Communication :—

SIR,

(No. 1. South Africa.)

Government House, Cape Town, 23rd December. 1899.

I HAVE the honour to acknowledge the receipt of your letter of the 28th ultimo, with respect to the treatment of supplies stopped in transit to the enemy's country.

With regard to goods seized by the military without reference to the civil authorities, I presume that they were so seized because urgently required for military purposes. The military authorities are, of course, solely responsible in such cases, should it appear that the owners are entitled to compensation.

For the guidance of the Customs authorities rules have been laid down by the Colonial Government, in accordance with instructions from the Secretary of State which

may summarize as follows :-

I

A distinction must be drawn between two classes of goods.

(1.) Goods contraband of war arriving at colonial ports in vessels of any nationality or goods of any nature consigned to, or at the time of seizure destined for, the enemy's Government or its agents, arriving in colonial ports in British vessels.

Such goods may be seized; but before confiscation they must first be condemned by

a Prize Court if they have actually been taken out of the vessel by the Customs officers. If they have been seized on land the Prize Court has no jurisdiction, and the goods are to be kept unless immediate sale is necessary.

(2.) Goods, not being contraband, destined for private firms or individuals in the enemy's country. These goods cannot be "seized” but only detained until the war is over, when they would be handed back to their owners. With a view, however, to minimising the loss to owners, they have in many cases been allowed to dispose of such goods on giving a satisfactory guarantee that they will not be consumed within the enemy's country,

To assist the military authorities the Colonial Government has, at my request, given instructions to the Collector of Customs that goods "seized " may be handed over to the military on production of a Certifiente from the Chief Staff Officer that they are war-like stores and are urgently required for the use of Her Majesty's Forces. It is clear that such a certificate could only be given in respect of goods which had been "seized as being primâ facie contraband of war.

It is to be understood that the military, by taking over any stores delivered to them

$165-25-31900 W↑ 439 P&S Q

2

on the certificate of the Chief Staff Officer, assume the entire responsibility for making compensation, should it appear hereafter that the goods cannot be lawfully condemned and that the owners are entitled to compensation.

Lieut.-Gen. Sir F. Forestier Walker, K.C.B.

I have, &c.,

A. MILNER, Governor and High Commissioner.