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381
would apply, would be the territorial law of England.
Whether, in the present case, a Chinese or Japan-
ese lawyer would say that a Chinese or Japanese court would apply English territorial law to the question of who was entitled to Ford's land in China and Japan respectively, in the events which have happened, no one but a Chinese or Japanese lawyer can say.
But if it were given in evidence before the Supreme Court in Shanghai that a Chinese or Japanese Court would apply their own territorial law and not English law, as seems quite possible, it would seem fairly
clear that no such right as Escheat could be maintained. A Chinese or Japanese lawyer, further, would be naturally averse to the conclusion that he must apply a law which would enable a foreign sovereign, and not his own national fiscal authority, to take possession of vacant Chinese or Japanese land.
The doctrine of Escheats in English law is a con-
sequence of tenure in chivalry according to the feudal
system. When the feudal tenant died without heirs of
his blood, or if his blood was corrupted by conviction
for treason or felony, the land escheated or fell back
to the lord of the fee, whether the sovereign or any
mesne lord, who or whose predecessors had granted it
out