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The concluding item was Lenimen's "The Storm," a highly dramatic com-]] position. It is very popular here and i it lost nothing by fast right's rendition.
the Crown-bad-brought-on this auit State. He sat under International and claimed condemnation of the law. and his duty was to make up vessel his own view, speaking only his mind whether by international for himself, was that on these law, as it was administered in the A particularly gratifying feature of facts the vessel would have been British Prize Court, Yebson was able the organ recital given at St. John's unhesitatingly condemned," But in November, 1915, to transfer his Cathedral last night, the first, given, in 1916 the claimants set. up vessel out and out to neutral owner-} by Mr. Denman Fuller since his re- the case which was now presented ship or whether the position in which turn to the Colony, was the fact that as the true case, and it was a totally German mercantile commerce was in there was a much larger arrendarice different case from the first. It was November, 1915, was such as to than usual. The organist presented that in November, 1915, when the disable him from dealing with a very interesting programme, open- war had been in progress 15 months, that property and to leave him to ing with Bach's Fantasia and Fugue and the face of the naval world had hold his vessel in a neutral portin G Minor. This was followed by been transformed, this vessel, upon during the or to run his risk of An Irish Phantasy by W. Wolsten a sale in an open market in Mexico, capture. The language of Article 56 holme in which the lilting melody was where there were varicus com was no doubt wide enough to swell brought out. petitors, had been transferred absoport the Crown's claim, but what (Grieg) and Canzonetta (Felix Cor- Hydnings Marsch lately and in good faith out of the was to be considered was whether it bett) both received sympathetic treat- ownership of Yebson, to the clai-had the effect contended for. In the ment. Mr. Fuller's artistry was well mants, and from under the neutral Baltica it was said that a mere trans: illustrated in Ralph Kinder's In cloak which Tebson had, by reason of ference by document which would registration and agency, and trans be sufficient to bind the parties was Springtime," which he handled with ferred into the ownership of the not sufficient to change the property surpassing delicacy and taste... claimants who, oddly enough, had as against captors as long as the been the persons who had provided the ship or goods remained in transitu neutral cloak, What was then said Hare no question arose of transfer was that, although it might not be of ship or goods in transitu. She at first sight an attractive story in was transferred in a neutral port. the Prize Court. Rademacher, Muller An absolute transfer, it was said, and Co. who had been agents for which would be good in time of LATEST SHIPPING NEWS. was enemy property before the war carrying on the business of Yebson peace or even in expectation of war and during the war, and she was in Mexico, had bought this vessel would be good during war if it was transferred during the war by process from the Lloyd Mexicano Co., a sufficient to bind the parties who which had not the sanction of inter company set up and operated by purported to change the property, as national law to make it an effective Tebaon for the purpose of taking against the captors. Persons inter-
The 9.5. Yuensang," Capt. vesting of property in neutral clai- charge of his Mexican interests, and ested in this matter would no doubt McAinsh 1,123 tons, arrived yester mants. The claimanta claimed it on it was said that, although the story have the opportunity of discussing day at noon from Manila with 661| the ground that they had bought the formulated did not present an at-it before the Privy Council. He bags of mail. vessel in good faith so as to secure Court, nevertheless it was the fact ther the reasonable case went the tractive appearance to a British Prize did not express an opinion whe the absolute property in her, without reservation of property to other that Rademacher, Muller and Co. whole way relied on by the claim
were not a cover persons, and under such circums
for Yebson, ants, and whether that was a state and since 1915 had been the meat of the Privy Council in 1857 The President of the Prize Court.tances, that they did not infringe any Sir Henry Duke, in delivering judg- title of the castors to deal with her That case was supported by a in 1920. That case and the "Edna" absolute owners of this vessel. which decided the fate of the "Leonor" ment out of hand in the case of in prize.
The s.s. "Maquan" Capt. B. C. Elde, the 300-ton schooner "Leonor," said it "He might pat out of the case in receipt for the purchase price by 1919 Probate, p 167) were relied 4,453 tons, arrived yesterday at 6 raised some grave questions of prin- the first instance the German origin numerous affidavits and evidence upon. But he was told frankly by p.m. from Kobe with 850 tons of ciple, and it came before the court of Rademacher, Muller and Co. The The receipt was a statement that on the Attorney-General that it was not general cargo. when prize proceedings of the late persons who were claiming, apart November 3, 1915, on behalf of the contended that a textual examination war were drawing to a close in such from the corporation, were, if they vendors of the vessel, the Lloyd a form that it was quite conceivable were of German origin, persons eng- Mexicano, there had been received that in other circumstances he should aged in trade in Mexico under the 8,000 dollars from a banking firm not have been content to determine protection of such Government as with a German name in the city of it without consideration of the form existed from time to time in Mexico, New York. That was the document of his judgment.. But he learned and it was not suggested on the part which was produced as evidence of a that what he might call the sister of the Crown that this case was business transaction which was to be case of the "Edna" was under appeal affected adversely to the claim of the the divestment in a real sense of to the Frivy Council, and he thought claimants by the fact of the German of Yebson's interest, of which the he might deliver a judgment simp-origin of the merabers of the firm of liciter, one way or the other, and by Rademacher, Muller and Co. They words of reservation de no harm to were admitted by the Crown to claim any future cases..
here on the footing that they were a neutral firm carrying on business in the United States of Mexico.
IMPORTANT PRIZE COURT JUDGMENT.
DIFFICULT PROBLEM OF THE DISTRESS OF AN ENEMY.
ARRIVALS,
The 5.5.."Lake Fielding," Capt. O. Arnesen, 1,588 tons, arrived yester day at 2 p.m., from Shanghai with 209 tons of general cargo.
ته
The s.s. "Prosper" Capt. E. Olsan, 1,377 tons, arrived yesterday at 7 am. from Saigon with 1 bag of mail and 2,492 tons of rice.
of the Declaration of London would The s.s. "Sunning" Capt. Wm. decided this case. It was to be Benson, 1,570 tons, arrived yesterday decided by international law as it at 3 p.m. from Shanghai with 390 stood apart from the Declaration of tons of general cargo and 14 bags of of London, so that he was left with mail.. the problem whether apart from the *** Declaration of London Yebaon was a competent vendor to the claimants The Baltica decided that an enemy Lloyd Mexicano, was custodian for owner of of a ship might be a com- the use of Yebson, and it did not pe.ent vendor to a neutural transferee affect his Lordship with strong in time of war, and so, assuming the emotion when he learnt that Lord judgement in the Baltica was a Sterndale did not regard even that a very cogent case to displace the prima fecic right of capture and con- demnation.
፡፡
The question was raised as to a general right to the claim for damages for detention of the vessel What he had said as to the state of
the case to the time of hearing in
The case of the "Leonor," which the
true statement of international enemy ship had been disregarded. Crown asked to have condemned,
law, as he was bound to assume. There were three rights in question came originally before Lord Sterndale, The claimants claimed the vessel
it was not the law that the the right of an enemy owner, the and was part heard when 'Sir Henry and damages and costs on the ground
citizen of one naval power might right to make prize and destroy Duke became President of the Prize that she was of neutral registry, Mr. Darby who, at the moment, was power transfer his property to neutral right of a neutral purchaser.
At the dlcse Lord Sterndale said to not during war with another naval commerce of the enemy, and the Court. The new President went ownership and control engaged in through the record of the earlier pro- local trade, a neutral with her cargo in charge of the claimants case, that ownership. He had great difficulty His Lordship said that, looking at ceedings and heard claims by the property of neutrals consigned by he was willing the claimants, should in seeing what was the limit to the the whole of the facts he had come claimants, a Mexican firm, to dam- neutrals within the Republic to have, if they sought it, even then, an proposition which was set up by the to the conclusion that it was not made ages, in the event of release-(1) neutrals for neutral trade only within oportunity of proving this was in Crown in this case.In the Rendsborg put that this transfer by the Lloyd- generally, (2) in respect of natural a neutral country, and not on ac- truth such a sale as would stand in a (4 Christopher Robinson) Lord Stowell Mexicano to the claimants was made deterioration during lying up in har-count of any alien enemy. That, court of prize. For two days, Sir said it was argued that the motive with the purpose of avoiding the conse Yebson's German bour for nearly four years, and (3) if well-founded, was a good claim to Henry Duke went on, he himself had of the seller was nothing to the buyer, quences of
a decision damages for negligence during the which effect must be given in that had the opportunity of seeing a long but if the motive was displayed the nationality. That was lying up. In the end the last claim court. On proceedings by the Crown series of documents which passed duty af neutrality on a neutral might upon a question of fact, and a was reserved, no evidence, his Lord in the Prize Court of British Colum- between a variety of persons in Maxi- create new obligations. If one bet- question of fact on which his con- ship said, being yet forthcoming. bia, the master of the Leonor was co and San Franciso in November, ligerent, was in a state of distress clusion was perfectly capable of re- The case, the President explained, promptly examined as to history 1915, which did put a new com created, by the superiority of bis vision; but he was not satisfied the began in the Prize Court of British He made a variety of interesting plexion upon this matter. They enemy, and a belligerent said, "I am transfer was made with that object Columbia, an was transferred some statements, which were before Lord were presented fairly and without in the utmost distress; my enemy is On the whole the inclination of his time ago to this court. The "Leonor" Sterndale. It appeared from the exaggeration and prejudice by Sir all-powerful; without your assistance mind was that it was not made with was captured on the coast of Mexico evidence of the master that the Earle Richards, who was conducting I am a lost man:" in such a case his that object. His judgment proceeded in May, 1916, engaged in the Mexican vessel was the property of one the case for the claimants and his invitation was one the neutral was on the footing that he was not coasting trade flying the Mexican Yebson, a German engaged in the Lordship had come to the conclusion, not to accept. He could not afford satisfed that that transfer, which fiag. She had been flying it several shipping trade in the port of Guimas, upon these documents, that the such assistance without participating prima facie was a good transfer, was purpose. Fis months; and was claimed to be the Mexico, that Yebson had had her transference of the vessel was not a the the war. It was a sound principle made with that property of a firm of Rademacher, managed for a long time by the pre. coleurable transaction, and that there of the law of nations that one was judgment was for the restitution of Müller and Co., and of Melchers sent claimants, that he fell out in as not any reservation of any in not to relieve the distress of one the "Leonor" to the claimants.. successors, and it appeared that some way with them and had there- terest in favour of Yebson. He was belligerent to the distress of another.
transaction the claimants, persons who con- upon transferred the management to satisfied that the
of He was not to step in on every cry stituted that firm invidually as a Mexican subject, and in November, November, 1915, was what it purport out for help and rescue him from his well as collectively were persons of 1915, the vessel had been transferred ed to be.
adversary. Germen origin, so that as the matter to the present claimants and the Whether there was anything in His lordship had to consider whether stood, on a prima facie view, persons master had been told he might enter the law governing that court which the absolute transfer was in any July last was an answer to that of German origin engaged in the their service. That was a curious prevented Yebson or the Lloyd way colourably made in November, claim, Two further claims were Mexican coasting trade in May, 1916, history which raised the question Mexicano from making that trans- 1915, to see whether it offended made-first, for damages by reason were claiming a vessel which had whether Yebson had done any more The Crown said that embedded in explained in the Rendsborg. What vessel during the there or four years
ference raised a very serious question. against international low as it was of necessary depreciation of been captured by one of his Majesty's than provide himself with a neutral Article 56 of the Declaration of was the state of the case? cruisers in the Pacific, as prize of cloak for carrying on his old trade.
The she had been in the oustody of the war on the ground that she was Claimants duly furnished London was a principle which govern."Leonor" was a vessel which, at all Marshal in Prize. In his fordship's enemy property. That raised ques- ticulars, and an affidavit said the ed this case. The caption of that times had been engaged in the judgment that claim failed upon the tions involving various considerations vessel was Mexican and had been article said the transference of an Mexican coasting trade. It was consideration that it was at the of international law capable of being purchased by 'Rademacher, Muller enemy vessel to a neutral flag after quite true she had been engaged for option of the claimants, at any time dealt with in a few days in a properly and Co. from Yebson in November, the outbreak of hostilities was võid a foreign owner. That foreign owner to bring this case to trial. There constituted court.
1911 or 1912. She was duly per unless it was proved that such trans had quitted. Mexico. They had were other reasons more far reaching. One of the questions which arose chased on a bill of sale and registered ference was not made in order to learned he had joined the German The other claim raised by Sir. Earle in the case arose by reaser of the in Mexico in their ownership upon evade the consequences. to which Navy. It was said he had lost his Richards was that by reason of the fact that instead of a few days' or such bill of sale. That was a title the enemy vessel as such was ex life in a submarine in the German negligentkeeping of the vesselshe had weeks' delay there had been a delay originating three years before the posed. The Crown, he thought, Navy. Whether he was alive or deteriorated. No objection had been of three years and eight months war. Attention was called to the suggested that it must be proved by dead was quite immaterial to this made by the Crown to the reservation since the capture, in which, on an particulars. All that could be said the claimants that the transfer was case, but he had been the of rights of the claimants in respect other part of the case it was said of it was that there was nothing in not made to evade the consequences owner
coasting Yessels of that matter, and the Crown had quite reasonably the vessel might the statement of fact on which in any to which the "Leonor" was at the engaged in the Mexican coasting consented to their raising the claim have deteriorated by mere lapse of court the deponent to the facts could time exposed by reason of the enemy trade. His lordship thought if the in that court. His lordship thought time. That at the outset appeared have been indicted for perjury. It property in it. The Crown's Crown was to rely on the principle that without that consent of the to be a reflection on the prize was true she had been registered in proposition was of the utmost laid down in the Rendsborg it must Crown he should not have seen his procedure of this country during the 1911 as the property of the firm gravity. It was not a statement fall upon him to find affirmatively way to grant leave to raise that war, but the Attorney-General upon purchase and transfer by bill of that international law prevented that Yebson transferred his vessel to claim in the fourth year of this had shown that it was no such re-sale, but the evidence which had been the sale of this vessel by an enemy Mexican owners because he could process. His judgment..would be flection. The court had made it a taken by the Procurator-General into a neutral during the war. It was no longer sall bez under the without damages and without costs, rule that if a claimant claimed to British Columbia from the master that, in the plight in which the German fing; he was in a state of and was a judgment which reserved to have it heard, and the Attorney knocked the bottom out of the story, what the transfer was made in order a mercantile trade at sea. He negligent keeping they had suffered have his case beard he was entitled to use a colloquial expression, "Leonor" was at the time the transfer distress, by reason of his nationality, to the claimants the right to allege, was made there was a presumption which prevented him from continuing if they were so advised, that by General showed that it was with the and showed that any person who consent of the claimants, and with suspected that the claimants were to evade the consequence to which did not think it was an easy damage, in respect of which the the hope that they
would not the owners under that purchase by German ownership she was ex question to decide, but to his mind Crown should make good their loss, better their position by delay, that a made a very shrewd guess at the posed of, capture if she put to sea, a decision in the affirmative would Mr. Bruce Thomas applied for, long period of delay was interposed facts,
It was a proposition which could not require proof of so absolute a kind and was granted, a stay of fourteen in this case.
There the matter stood during fail to strike the mind of any citizen that it could not be said on sub days, with a view to consideration The Crown claimed condemnation 1916, and also remained for some of a powerful State, but a judge in sequent examination of the case that by the Crown of the question, of of the vessel on the ground that the months of 1917, and if at the time. Price did not sit as a citizen of a the right of a neutral to purchase an appeal from the Court's decision.
-
par-
of
the
TUESDAY MARCH 9, 1920 --
NOMUKS...
DAIRY FARM NEWS.
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