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No. 193A.

(SOUTH AFRICA.)

WAR OFFICE to COLONIAL OFFICE.

[Ownership of Animals sold by the Military Authorities in Cape Colony at the Conclusion of the War.]

War Office, London, S.W.,

SIR,

July 31, 1903. WITH reference to your letter, No. 23804/1903, dated the 20th July, 1903, relating to the question of the ownership of animals sold by the military authorities in the Cape Colony at the conclusion of the war, I am directed by the Secretary of State for War to transmit, for the information of Mr. Secretary Chamberlain, a copy of a reference made on this subject to the Law Officers of the Crown, together with copies of their opinions thereon, dated the 8th of May and the 6th of July, 1903, as well as a copy of a letter,* dated the 16th July, 1903, which has been addressed to the General Officer Commanding, Cape Colony.

I have, &c.,

GUY FLEETWOOD WILSON.

In case of necessity, protection of British lives and property at Ciudad Bolivar, His Majesty's Government may have to send man-of-war thither.

The text of President's decree will be published in "London Gazette," with a notification that His Majesty's Government are in communication with Venezuelan Government as to its effect, as Ciudad Bolivar is in possession of insurgents who have not yet been recognised as belligerents.

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PUBLIC RECORD OFFICE

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C.O. 885

Reference :-

WAR OFFICE to LAW OFFICERS.

The General Officer Commanding appears to desire an opinion which should guide him as to whether or not he should support an appeal in the particular case he refers to. The Law Officers, of course, are not furnished with a sufficient state- ment of the facts to enable them to express any opinion on that matter. The general questions of law on which an opinion is asked appear to be questions depending on the law of Cape Colony, and opinion from the Law Officers as to how far the matter is affected by the existence of war or of martial law, and what would be the position of the War Department under English law, would, nevertheless, be of great assistance to the General Officer Commanding, even though the Law Officers should consider that the question is one for the Colonial legal advisers of the Department.

The effect of martial law is perhaps merely this-that the original detention of the horses was a legal detention, but no property in or lien over the horses appears to be conferred upon the War Department. The sale, having nothing to do with military necessities, would seem not to be justified by the existence of martial law.

The Treasury Solicitor is not able to refer to any principle of English law which would give the War Department in these cases a lien on the horses for the expense of their maintenance, still less a power of sale so as to give a good title to the pur- chaser; this may, however, be otherwise under the Roman Dutch law of Cape Colony.

This does not seem to be a case in which the owners can be treated as having abandoned their property.

The sales having been actually made, the only practical course appears to be

to await the results, and take local legal advice on the cases as they arise. The Law Officers are requested to advise the War Department:

Whether or not sales by the Imperial Authorities of horses, unclaimed by their owners, and made, respectively, at each of the following periods:

(1) Before the declaration of peace. (2) After the declaration of Juring the continuance of martial law, and (3) After the declaration of peace and after the repeal of martial law,

peace,

but

are valid in respect of horses which have come into the hands of the Imperial Authorities in each of the following ways, viz. :-

(a) By being picked up ownerless on the veldt in Cape Colony.

(b) By being taken during the war from British subjects not in rebellion to prevent them falling in the hands of the enemy, and

• Not printed.

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We 06 80S D&S & 15366

15 PUBLIC RECORD OFFICE, LONDON

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