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OPINION.

I have had the advantage of talking these points over with Mr. Malkin. I deal with them seriatim as lettered in the margin.

A. If the Admiralty requisitions (ie., permanently requisitions) an enemy merchantman, the ship becomes a "Government ship" within Section 80 of the Merchant Shipping Act, 1906, and can be registered accordingly. If the ship is within Article 2 of Convention VI, the late owner would be entitled (mn the absence of arrangement to retransfer) to money compensation in lieu of the ship.

B. After such a requisition a foreign Court ought to recognise the Govern- ment title, and, if the ship's papers are in due order, would, I think, do so.

C. It seems to me that such a vessel when engaged in commerce is not a "public ship" in the relevant sense, for the twenty-four hours rule really applies to vessels (whether actually owned by the Government or not) acting with or forming part of naval forces.

D. I therefore think these risks are not so serious as to require this limitation to be insisted on, though, of course, some risk of raising litigious or diplomatic questions would be run. However, if the neutral Court or Government takes the right view, I think the result would be in our favour.

E.Temporary" requisition certainly raises more difficulty, for it would be Still, the impossible to insist that the title had finally and irrevocably passed. ship, while so requisitioned, would presumably be capable of registration as a British Government ship. But it would be prudent to avoid 'temporary" requisition in the case of ships visiting neutral ports.

F. I do not see any real difference between the position when payment has been deposited and when an undertaking satisfactory to the Prize Court is given. The title passes by requisition, not by deposit of payment.

G. I see no real difference, but since the ship's papers would in the latter case show an individual as owner, it might make the position clearer for a neutral tribunal if the Government which requisitions is registered as owner.

January 16, 1915.

JOHN SIMON.

15409

No. 182. (GENERAL.)

CASE FOR THE OPINION OF THE LAW OFFICERS AND MR. G. W. RICKETTS.

to seizure as prize.]

*

"

[Liability of s.3. St. Tudno This vessel, a steel-paddle steamer of 754 tons gross tonnage, was purchased from the Liverpool and North Wales Steamship Company, Limited, about the begin- ning of 1913 by the MacIver Steamship Company, Limited, an English company registered in England on the 6th June, 1891, under the then prevailing Companies Acts. She is a good seaworthy boat, at present in excellent condition.

After the purchase the "St. Tudno" was removed to Hamburg and fitted out for service as tender at Southampton to the vessels of the Hamburg-Amerika Linie using that port. Under charter from the English to the German Company she was used for this purpose from about the middle of April, 1913, until the outbreak of the War, when she was laid up in port. Her registered owner is a British subject and the officers, engineers, and crew were British.

As regards the status of the MacIver Steamship Company, Limited, this Com- pany was incorporated with a memorandum of association signed by seven British signatories, who thereby became bound to take one share each in the Company. These were the whole of the shares issued or applied for until 1911, in which year, four of the original subscribers being dead, there remained only three shareholders, each holding one share, and owing to financial difficulties the Company had not, in fact, transacted any business.

The Hamburg-Amerika Linie then came forward and practically took over the Company and reconstituted it; that is to say, they procured the alteration of the articles of association so as to bring them up to date, and they appointed and. qualified the Directors of the Company, taking from them an agreement to conform to the instructions of the Hamburg-Amerika Linie.

The Directors appointed were Mr. George Adams, Mr. Ludwig Alexander Gutschow, Mr. Henry MacIver, Mr. Thomas Ward Tamplin, and Count Friedrich von Wengersky, the latter being the representative in London of the Hamburg- Amerika Linie.

Mr. Gutschow, a Russian subject, and the Manager of the Disconto Gesell- schaft, has resigned since the War commenced, and Count von Wengersky auto- matically ceased to be a Director on the War breaking out-the only three Directors now remaining are, therefore, British.

The Hamburg-Amerika Linie, also in the names of their nominees, acquired 2,500 shares in the Company, upon which they paid amounts ranging from £6 to

£10.

The following list shows the present members of the Company and the number of shares held by each; all the members are nominees of the Hamburg-Amerika Linie :-

PUBLIC RECORD OFFICE

C.O.

Reference :-

.885

16 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-

Mr. George Adams

Mr. L. A. Gutschow

Mr. Henry MacIver

Mr. T. W. Tamplin

Count von Wengersky

Direction der Disconto Gesellschaft, 53, Corn-

hill, London...

Shares.

50

50

50

50

50

2,250

This information has been furnished by Messrs. Pritchard and Sons, the solicitors to the MacIver Steamship Company; Limited. Messrs. Pritchard report that they have advised the Company and the Directors that the MacIver Company. is an English corporation, that the domicile of the Company is English irrespective of the nationality or residence of its members; that the shareholders have no interest in the Company's property; that the title to the property is in the Company and not in its members; that the business which is carried on by the Directors is the business of the Company and not of the members of the Company; that the Company may hold property although all its members are aliens and disqualified from doing so that all profits made are the profits of the Company and not the profits of the individual

(4726-2.) Wt. 7-939. 23, 5/15, D&8. G 1.

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