48.
133
prima facie immunity from suit, to disclose that the alleged debt, if due, was incurred on behalf of the Government of Annam and not in any private transaction.
- inference therefrom to establish the illegality of the proceedings.
The Case of Trissari & Clement & Bingham 437, The Case of Brunowies v. The King of Hanover 6 Beavan 57, and Wadsworth v. The Queen of Spain 17 Queen's Bench 215, are authorities upon this question. The plaintiff relying - instituted proceedings upon the authority of the Charnich in the High Court of Admiralty reported in Law Reports 4 Admiralty 59; but that was a case of collision not of contract, and the proceedings were "in rem" against the ship of the Khedive not by personal action against that potentate.
It is admitted that the statement in the petition of the Pangwee being the Commodore under another name is without foundation in fact, and was an error of the pleader.
Some time before the commencement of the suit the Commander of the Pangwee died, and was succeeded by Homan Chung. This Office, a mandarin of the highest rank, upon the attachment of the Pangwee instructed an Attorney to enter an appearance for the King under protest, and to apply for the release of the steamer as not being subject to the jurisdiction of the Courts, and accordingly on the 21st of November, a notice of motion was filed on behalf of the King to dissolve the attachment or for leave to come in and defend on the merits. The plaintiffs' petition had been set down for hearing ex parte on this 21st of November, but stood over on the appearance being entered.
The defendant's motion came before the Chief Justice.