CO129-355 - Governor Sir Lugard - 1909 [1-3] — Page 367

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ail vď* abrow and (moitt0 nglero¶ aid of Trauna). „ded to

"atkww ynoxynok to solvea" tadta "anlıɔ ni aðruroɔ m'yjaajal

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#raddam duq of viazanoon at 31 alɗð broyeď rat qilantykTO

bistoria I Jadý Isitnaane at 32 on gatob al

erit aawaalb os gaisnsanos ni .taloq eno no tienvm braugotas

matter, I did so because in one aspect of it, - the issue of

Letters of Request

- I considered it so far as I was concerned

as ministerial. I was under the impression that the question

would be referred by the Minister to Shanghai. As the question

involved was whether the Consuls would execute Letters of

Request issued by this Court, I should naturally not issue them

if the Judge at Shanghai was of opinion that they ought not to

be executed. It seemed to me that I could with propriety

discuss such a question with the Judge of Shanghai. But it is

rather different now the question has been referred home. A

question of construction of Article 29 of the Order in Council

is involved; I may have to determine it when the application for Letters of Request is made to me: the Judge of Shanghai may

have to determine it should the parties to the suit move him for

a mandamus in the event of the Consul refusing to sot,; and an

appeal might lie to the Privy Council. In deciding such

questions neither the Foreign Office nor the Colonial Office

can intervene by directions, or ethertise,

This much said,

have no objestion to

assisting in putting the question, in so far as it relates to

the practice of the two Courts, on a proper footing, because

it is one in which litigants before my Court are interested; and with this object in view I shall briefly analyse the

correspondence,

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