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No. 1558.

(TRANSVAAL. ORANGE RIVER COLONY.)

WAR OFFICE to COLONIAL OFFICE.

[Claim of Mr. Taylor for repayment of sums advanced by him to Burghers on the security of Military Receipts for Requisitioned Stock.]

SIR,

War Office, London, S.W.,

December 3, 1903.

REFERRING to your letter (1472/1902) of the 18th February, 1902, I am directed by the Secretary of State for War to inform you that, after full consideration of the circumstances of the case, and of the opinion of the Law Officers of the Crown (see Enclosure A), it was decided that Mr. Taylor's claim must be allowed.

His solicitors were so informed, and instructions were sent accordingly to the General Officer Commanding Transvaal and Orange River Colony on the 12th February last (see Enclosure B).

These instructions were passed by the General Officer Commanding to the Central Judicial Commission, which was constituted by General Order (South Africa) of the 20th March; and he has now forwarded a communication received from the Secretary to the Commission (see Enclosure C), from which it will be seen that objection is taken to the payment in full of Mr. Taylor's claim.

The difficulties represented by the Commissioners were realised by this Depart- ment, but the Secretary of State was not prepared, in face of the opinion of the Law Officers, to refuse Mr. Taylor's claim, and it is clear that it would now be impossible in view of the War Office letter of the 12th February to decline to pay it. I am therefore to suggest that Mr. Lyttelton should cause the circumstances of the case to be explained to the Commissioners, and should direct them to pay to Mr. Taylor the outstanding amount of his claim.

I am to point out that the contentions put forward by Mr. Taylor in this case and the opinion of the Law Officers would not, of course, be applicable in regard to a claim respecting property requisitioned subsequently to the instructions as to transfer of receipts issued by Lord Kitchener on July 9th, 1900. Should similar claims on account of other requisitions previous to that date be pressed on the ground of the payment made to Mr. Taylor, it will, of course, be for the consideration of the Central Judicial Commission and the Civil Authorities whether that payment should be allowed to form a precedent, or whether such claims should be resisted on grounds of policy, in disregard of the legal opinions given in this particular instance.

I am, &c.,

GUY FLEETWOOD WILSON.

PUBLIC RECORD OFFICE

Reference :-

TELC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

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Enclosure A.

The Law Officers and Mr. Sutton are requested to advise the War Department whether Mr. Taylor's claim is legally maintainable.

N.B. The actual form of receipt has not been sent from South Africa; for the purposes of this case it may be taken that it neither expressly authorises, nor expressly forbids, assignment.

OPINION.

If the facts are as stated by Mr. Taylor, and we see nothing in the instructions

to lead to any doubt on this point, we think that his claims should be paid. That such transfers had been common is recognised by the Order which forbad them for the

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