PHYSICAS E NATÚRAES 



Í93 



4. Êach party to pay his own costs. 



This proposal which asserts better than any other of the preceeding 

 ones lhe fiill right of Government in the whole matter was thns an- 

 swered by telegraph: 



Government accepts the proposed agreement of the advocates ex- 

 cept lhe payment of salaries supposed due to Dr. Welwitsch, a debt 

 which it does not acknowledge. 



This proposition was not accepted by the advocates of the execu- 

 tors of the will, and in the last days of Jul, the Judge adjourned once 

 more the suit till the month of Nov. after the holydays. 



It is evident from the whole of the matter here published Ihat the 

 case is drawing very near to its conclusion, not indeed without raiich 

 trouble and time spent. The Judge wishes, as it seems, to obtain from 

 the two parties, by reciprocai concessions, successively made, what he 

 more precisely and directly might have settled by a judicial decision ; 

 there being in such a Hne of conduct much of a delicate attention paid 

 lo both parties, which must be acknowledged. It indicates also on lhe 

 part of the Judge some fear of wronging lhe legitimate interests of the 

 Iwo sides in a case so particular and indeed less easy to appreciate by 

 common judicial proofs- If on these lerms ithasnothowever been settled, 

 a fully considered and final decision has nevertheiess been thus prepa- 

 red; it being at ali evenls desirable to see the end of a suit that has 

 lasled already three years, and cannot continue without serious da- 

 mage to lhe interests therein engaged and to the scientific resulls of an 

 expedition which has cosi so many sacrifices lo lhe Portuguese Govern- 

 ment. 



The right of this Government to both the botanieal and zoological 

 collections of the African expedition, ordered and generously paid by 

 il has been bui litlle contesled, or nearly agreed on from the begin- 

 ning. The immediate surrender of the collections, which has been much 

 contesled or embarrassed by illusive conditions, seems also to be re- 

 solved upon. A fair and proper part to be allowed not only to lhe Brilish 

 Museum, but also to that of Kew in the distribution of the collections 

 and even the use of those reserved for Portugal, is a much promised ob- 

 ject, which should not however be insisted upon as a condition of the 

 justice which is due lo us. It is not only the duly, but also the conve- 

 nience of lhe Portuguese Government lo acknowledge in this way the 

 imporlant services which it has obtained and still hopes to obtain from 

 such important establishments as those two first rate Museums. What 

 is then still to be resolved in this very contesled case? Some pecuniary 



JORN. DE SCIENC. MATH. PHYS. E NAT. — N. XIX. 13 



