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future, and we do not think it would be proper to make any deduction on account of the action of those who joined the enemies' forces after Mr. Taylor's title had been recognised.

June 23, 1902.

Enclosure B.

R. B. FINLAY. EDWARD CARSON. HENRY SUTTON.

SIR,

War Office, London, S.W., February 12, 1903. ADVERTING to your letter, dated 24th October last, No. C.C.B./353/12, on the subject of the claim of Mr. J. A. Taylor for repayment of sums advanced by him to burghers on the security of receipts granted for stock requisitioned for military purposes, I am directed by the Secretary of State for War to acquaint you that, after full consideration of the circumstances of the case, and giving due weight to the opinion of his legal advisers, he has decided that Mr. Taylor is entitled to receive on account of this claim such sums as he would have received had the claim been duly paid on 20th June, 1900, the date originally stated as that on which the receipts would be payable, less any amounts which may have been already paid in respect of any of the receipts.

I am to request that you will cause immediate steps to be taken to settle Mr. Taylor's claims under the foregoing decision, and that a report of your action in this matter may be made.

The General Officer Commanding

Transvaal and Orange River Colonies,

I am, &c.,

H. DE LA BERE.

On the 23rd March last, the letter of the 12th February, signed by Mr. de la Bère, directing that the receipts held by Mr. Taylor should be paid, was received by my Commission.

Before that letter was written the War Office had finally agreed to hand over the business of compensation and military receipts to the Civil Government, and I can only presume that Mr. de la Bère, when he signed that letter, was unaware of the agreement. Although there is nothing on the Minute to show who Mr. de la Bère is, yet I assume he must be in some way connected with the War Office, as his letter is domiciled "War Office, London."

My Commission will, when possible, be glad to meet the wishes of the War Office, yet my Commission in this case cannot accede to the wishes of Mr. de la Bère, as such wishes are in direct conflict with a principle laid down by the military and approved by the Secretary of State, and which principle has governed the payment of military receipts. If effect were given to the wishes of Mr. de la Bère in this matter, it is feared that a very big question would be opened up, as many persons in a similar position to Mr. Taylor, who hold receipts which have been disallowed for the same reason as that in the Taylor case, are only awaiting the successful attempt of Taylor to break through the principle in question.

It is not the question of the £471 10s. payable to Mr. Taylor that is at issue, it is the principle on which the military have dealt with the payment of receipts, and which principle has been followed by my Commission, which is at issue.

My Commission regrets that it is unable to meet the wishes of Mr. de la Bère and pay the disallowed receipts in question:

? HUNEBERG,

Secretary.

Pretoria.

Enclosure C.

(No. C.J.C. 1553.)

A.A.G., South Africa,

Central Judicial Commission, Prêtoria, October 15, 1903.

In reply to your Minute of the 1st September, forwarding a copy of a letter dated the 7th August last, from Mr. H. de la Bère to the General Officer Commanding in South Africa, I desire to inform you that all receipts which can be passed for payment under the regulations governing the payment of military receipts have been so passed.

So as to make the position clear I will give a short account of the matter in question.

A certain Captain H. Lambart gave receipts for certain horses to various people, which receipts were acquired by Mr. Taylor. It was a principle laid down by the military authorities that receipts given to burghers who subsequently broke their neutrality and rejoined a commando would not be paid. Certain of the burghers to whom the receipts, for which Mr. Taylor claims, were given, broke their neutrality and rejoined commandos. The amount of certain of the receipts for which Mr. Taylor claims had actually been paid to the original holders of the receipts.

Since the receipt of your Minute under acknowledgment, the Staff Officer for the payment of Receipts has gone into the question of the conduct of the various original holders of the receipts with Mr. Taylor, and only such receipts as were given to men whose misconduct is clearly proved have been disallowed. Where any doubt existed, the benefit of the doubt was given to the receipt holder.

1

The value of receipts disallowed, including the receipts which were paid to the original holder before Mr. Taylor was known to have any interests in the receipts. amounts to £471 10s.

The War Office, by telegram to the General Officer Commanding the Transvaal and Orange River Colonies, dated the 23rd January last, handed over the matter of receipts to the civil authorities. The principles governing the payment of receipts now followed by my Commission are substantially those laid down by the military before my Commission took over the work.

PUBLIC RECORD

OFFICE

། ། ། ། །

C.O.

Reference :-

885

15 PUBLIC RECORD OFFICE, LONDON

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