CO129-532-7 Anti-piracy guards- China Navigation Company v. H.M. Attorney General 19-1-1931 - 20-4-1932 — Page 46

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question of services rendered, as I understand the case, a simple

question of services rendered by obtaining soldiers to do some-

thing inside the ships of the Plaintiffs which they could take or

leave as they chose, for the performance of duties for which they

could make other arrangements to have performed if they could.

That is all there is in this case and I cannot see any more

than the Court could see in the case of the South Wales Police,

any reason at all why it should not be done.

There was one argument made and that was that this was

really maintaining a force without the consent of Parliament.

I do not think that is a serious point at all really. It is not

as though they raised a force on local pay which did not come

within what Parliament has authorised at all. They are simply

using the forces for reward and the forces are still paid by

moneys provided by Parliament, but this money which is received

is simply credited to the account and, therefore, the bill to

Parliament is rather legs. That is all it comes to. I do not

think there is anything more in it than that. In my judgment the

whole case is misconceived and the action must be dismissed

with costs.

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