CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 73

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Governor in approving the Deed of Settlement, were aware of its existence and impliedly gave their sanction to ita continuance. But, however this may be, it is at any rate a sound and well

settled rule of osastruction that where the Court finds itself in presence of a long established and convenient course of practice or conduct which has grow up under the sanation or alleged sanction of a written instrument, it ought, if possible, to adopt such a construction of the instrument ut res magis

valest sum pereat.

From the evidence before me it appears that there is a

duplicate maal of the Corporation kept in London, but there is

no Seal at Shanghai, Thara may therefore be diffiml by about

the issue of share certifiontos at Shanghai, but in any event,

if there is much a difficulty, it is one between the Corporation

and its "hareholders ~nd doen not affect the principle of

decision in this onee.

As to the effect of the finding that the lonel Pagisters

are good and valid registers, reference may usefully be made to

the english Acts on the subject of colonial registere, At p.240,

Hanson's Death Duties the effect of there Aata in relation to

probate duty is thus stated:- The 46 and 47 Vict. C. 30 which

authorises companies registered under the Companies Act of 1862

to keep colonisl registers of membere provides by Sec. 7 that upa

the death of any member so registered, the interest shall be

demmed part of his estate within the United Kingdom for probate or inventory purposes in like manner as if he were registered at the Companies registered office. By Sec. 18 of the 52 and 53

Vict. C. 42., however, this provision is confined to persona

domiciled in the United Kingdom. It would apper, therefore,

that shares in esck « company, registered in the gelonial Register by a parson domiciled in a British possession, will be

locally situate where the Register is; but that where the person

was domiciled in the United Kingdom, such shares will be locally

situste in the United Lingdom.

The court is not asked to decide the question of the

liability