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1526.

We have taken this matter into our consideration, and, in obedience to your commands, have the honour to

Report-

THAT we are of opinion that the extension of the boundaries of New Zealand, as proposed by an alteration of the longitude and latitude as fixed by the Act of 1863, can be effected by an Order in Council under the Colonial Boundaries Act of 1895.

The Right Hon. Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

We have, &c.,

་

R. B. FINLAY. EDWARD CARSON.

SIB,

No. 66.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

January 12th, 1901. WE were honoured with your commands signified in Mr. Bertram Cox's letter of the 28th ultimo, stating that with reference to our Report of November 30th* with reference to the liability of Her Majesty's Government to take over obligations incurred by the late Governments of the South African Republic and Orange Free State, he was directed by you to transmit to us a letter dated 29th October received from Messrs. Siemens and Company, from which it would be seen that that firm proposed to submit a claim to Her Majesty's Government for telegraphic materials ordered by the late Govern- ment of the South African Republic shortly before the commencement of the war.'

That it would be observed that those goods, for none of which Messrs. Siemens had received payment, were alleged to consist of telegraph material ordered and (a) shipped prior to the war, and presumably received by the South African Republic Government, (b) in transit when war broke out, and when landed, seized and made use of by Her Majesty's Government, (e) ready for shipment but retained by Messrs. Siemens in conse- quence of the outbreak of war.

That the War Department to whom the matter was referred were prepared to pay for the goods in class (b) above, and that you assumed that Her Majesty's Government could not, in the circumstances, refuse to pay for them, but the goods in class (c) the War Office stated, were not required in South Africa.

That Mr. Bertram Cox was to observe that the goods in class (c) appeared to be in a slightly different position to the goods of Messrs. Spicer & Son, referred to in our Report of 30th November.* That Messrs. Spicer's contract was, it was stated, in our opinion, "conditional upon the continued existence of the Transvaal Government as the South African Republic," by which it was understood that reference was made to the fact that the paper was water-marked Z.A.R.," and was therefore unsuited for use by anyone else. That the telegraph poles, &c., ordered from Messrs. Siemens would on the other hand presumably be equally useful to any administration, and that you were in doubt whether a contract for the supply of such goods, which would undoubtedly have been binding on the previous Government, was to be regarded as executory only, and not capable of being regarded as binding on their successors. That the papers relating to the action taken by the Indian Government with regard to the case of Burmah were enclosed for reference.

That Mr. Bertram Cox was to request us to report,

1. Whether Her Majesty's Government were legally bound to pay Messrs. Siemens for the goods specified in classes (a) (b) and (c) above, or for any, and if so which, of such goods.

2. What answer should be returned to Messrs. Siemens,

3. Generally.

We have taken the papers submitted to us into consideration, and in obedience to your commands have the honour to

Report-

1. That, as pointed out in our Report of 30th November, 1900, obligations incurred by the late South African Republic do not constitute contracts enforceable by a Municipal Court. But we think that upon the principles of International law indicated in that Report Her Majesty's Government as successor to the Government of the South African Republic ought, so far as they have revenues of the conquered territory available for that purpose, to pay Messrs. Siemens for the good's specified in class (a).

As regards class (b), it would appear from the letter of the War Office of 10th December, 1900, to Messrs. Siemens Brothers, that that Department has already promised to pay for the goods included in this class, and we are of opinion that under the circum- stances it is equitable that they should do so.

• No. 60.

7702-25-1/1901 Wt 324 D & B &

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

2

As regards class (c), we would advise Her Majesty's Government not to recognize liability. Delivery was prevented by the outbreak of war, and there is no principle of International law which renders the conqueror liable for such consequences of the war. Under the changed circumstances the goods are not now wanted, and Her Majesty's Government are not, in our opinion, under any obligation to take delivery.

The Right Honourable J. Chamberlain, M.P.

&c.,

&c.,

ל

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON,