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18276.

No. 37.

(SOUTH AFRICA.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, MY LORD,

May 31, 1900. WE were honoured with Your Lordship's commands, signified in Mr. F. Bertie's letter of the 18th instant, stating that he was directed by Your Lordship to transmit to us the accompanying papers relating to a claim made by Messrs. Taylor and Company, of Liverpool, for £225, on account of a consignment of codfish shipped by them in the "Clan Sinclair" to Lourenço Marques, and detained by the Customs Officials at East London in the erroneous belief that it was destined for the enemy's territory.

That Mr. Bertie was also directed to enclose a letter which had been received from the Colonial Office dealing with a somewhat similar case, viz., the claim of the Portuguese Consul at Durban for freight paid by him on certain goods consigned to Delagoa Bay, which were landed in Natal under the mistaken belief that they were destined for the enemy, and could not therefore be lawfully carried by a British ship. That the reply returned to the Colonial Office was also enclosed.

That Mr. Bertie was also to forward, for reference, a Report, which was furnished on April 7th last by our immediate predecessors in office with reference to Messrs. Bridler and Company's shipments, and in which the late and the present Attorneys General expressed the opinion that damages for landing of goods from British ships could not be entertained when there was ground for suspicion that the destination of the goods was such that they could not be lawfully carried by a British vessel.

That Mr. Bertie was to request us to favour Your Lordship with our opinion as to the answer which should be returned to the application made by Messrs. Taylor and Company, and generally with any observations which we might desire to make on the case.

We have taken the papers into our consideration, and, in obedience to Your Lord. ship's commands, have the honour to

Report

That we are of opinion that Messrs. Taylor and Company ought to be paid compen. sation for the loss suffered by the detention of the codfish shipped by them in the "Clan Sinclair."

We see no reasonable grounds in this case for having detained the goods. In our opinion, the fact that the Bills of Lading were "to order "did not by itself, in this case, constitute any sufficient ground for detention.

We think, in the answer to Messrs. Taylor, whilst agreeing to pay compensation, Her Majesty's Government should not admit any legal liability, and should only express their willingness to pay compensation under the special circumstances of this case.

&c.

The Marquess of Salisbury, K.G.,

&c.

&c.

• No. 31B.

6139-23-6/1900

WE 324

D & S-5

We have, &c.,

R. B. FINLAY.

EDWARD CARSON.

PUBLIC RECORD OFFICE

Reference :-

mmimmi mC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

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