§ 24. Mr. KINGasked the Secretary of State for the Colonies (24) whether he has had under review the action lately brought in Southern Nigeria by the Government of the Colony claiming £39,000 from a firm of traders for an infringement of the Customs Ordinance of 1908; whether he is aware that the Chief Justice of the Colony gave it in his judgment that the action ought never to have been brought, and gave judgment against 429 the Government with costs; whether the Government of the Colony has been called on for an explanation of these circumstances; and what action will be taken to prevent such occurrences in future; (25) what were the total legal costs incurred by the Government of Southern Nigeria in connection with their action against John Holt and Company, Limited, in which a claim for over £39,000 was set up, but in which judgment was given against the Government; what official or officials were primarily responsible for this lawsuit being brought; whether they are still in office; whether they have been suitably warned against the dangers of reckless litigation; and (26) whether he has considered the dictum of the Chief Justice of Southern Nigeria in a recent case that the Customs Ordinance of 1908 had been a source of difficulty in the past and is likely to cause more difficulty in the future unless it is amended and made easier of comprehension; and whether any action is contemplated in order to relieve the traders of the Colony of the difficulties admitted to exist?
27. Mr. CATHCARTWASONasked if he had given his consideration to the action recently brought by the Attorney-General against Messrs. Holt, merchants of West Africa and Liverpool, and the remarks of the Chief Justice thereon; and, if so, would he bring under the attention of the Governor the necessity of amending the Customs Tariff Ordinance of the Colony, so that such frivolous and vexatious actions will not be brought in the future?
§ 30. Mr. HARMOOD - BANNERasked whether his attention had been called to the remarks of the Chief Justice of Southern Nigeria upon the Customs Ordinance of 1908 and the injustice inflicted upon merchants by its provisions; and if there is any intention to amend it?
Mr. HARCOURTIt is the fact that the Government of Southern Nigeria caused an action to be brought against Messrs. John Holt and Company, Limited, for infringement of the Customs Law of the Colony with intent to defraud, and that judgment was given by the Chief Justice for the defendants with costs to be taxed. He found that mistakes had been made by the defendants or their servants, but not with fraudulent intent. It is not the fact that the Chief Justice expressed the opinion that the action ought never to have been brought, but he did state that the Customs Ordinance had 430 been a source of difficulty in the past, and was likely to cause more difficulty in the future, unless it was amended and made easier of comprehension. I have asked the Governor for a statement of the circumstances in which it was decided to take action in this case, and also of the costs incurred by the Government, and I will give careful consideration to this report when received. I am not prepared to admit that the action taken was frivolous or vexatious. I have also requested the Governor to inform me whether he considers that the Customs Ordinance, which was only passed after very careful consideration, requires amendment, and, if so, in what manner.
Mr. CATHCART WASONWill the right hon. Gentleman, when the reply is received from the Governor, consider whether it is within his province to convey some expression of regret to Messrs. Holt?
§ Mr. KINGIs the right hon. Gentleman open to receive suggestions of traders with regard to any alterations he may think fit to make?