1921-08-11 — Page 3

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Chancery Cases,

L

THURSDAY. AUGUST 11. 1921.

SHIP REQUISITIONING. entire discretion as to whether he control of such person, to the Gow- will flas a petition and that this arment, if such property, be re- Court cannot directly or indirectly quired in aid of or in connection review his decision. Section 19 or with the defence of the Colony, and the Crown Suits Ordinance exactația default of the person supplying that the petition shall be considered the same, may seize and take pos- I quite realise that what I have by the Governor-in-Council, who, if session of and retain any such stater) was not perhaps the practies is appears to him that the claim na

animals, vehicles, boats or any followed in the old Court of Chan a bona fids claim which cannot be

other personal property for such Įpurposes." cery Cases, like Rowlai va, the Atamicąbly settled, may order that torney General (Hardzes fü5), which|right shall be done. The question paint to the ecnelusion that a Peti-[whether the word “may” imposes an tion of Right claiming equitable re imperative obligation pe creates a lief was not as one time heart by the mern power has been debated in our the power above set out to the Court of Chancery. Bills were ex Courts on very many occasions. The the Colony. The notice of the in- naval or military authorities in, hibited against the Attorney Gen-rule to be extracted is stated by tention to seize the plaintiffs' ships eral and declarations, having all the Lord Cairns in Julius r the Bishop is contained in a letter in the sub- ellect of Order. wern regularly of Oxford (5 A. C. 214 at 2231. Hà

joined farm. It is addressed to

The Requisitioning Letter. Clause of the amending Order enables the Governor to delegate

passed. It may be that Petitions said: “My lord, casex to which the plaintiffs" managing director were supposed to be confined to have referred appear to decide no and is signed by the Colonial matters of which the Common Law thing more than this: that where a Secretary, Mr. F. S. James. Courts took cognisance of, or that power is deposited with a pablio "Sir-In view of the refusal of the Lord Chancelor, who endorsed officer for the purpose of being used your Directors to sign the Char-İ the Petitions, did not care to name for the beneät of persons who arefter-party under the Licer Re his own Court of which-for a very specifically pointed out, and with quisition Scheme I have to give long period-be was the sole Judge.[regard to whom a defnition is sup you notice that as from the 7th Ho this as it may, 1 know that suplied by the Legislature of the con- last. Jour Tessels. steam- lawyer to-day ever seeks, either ditions upon which they are entitled ships Punjab, Perak, Perlis, Jin directly or indirectly, to recover, or to call for its exercise, that power Ho. Renong. Trang. Omspere. Pin get possession of, anything underfought to be exercised and the Court Seng and Ghirbi will be removed the dominion of the Crown except will require it to be exercised." The future be run and managed by Mr. from your management and in Now, the result of the third dee- foregoing statement is the one Quah Beng Kee. You will, there laration sought, if made, will be to which, until instructed by superior fore. hand over all necessary doc by way of a Petition

authority, I shall accept as reprements and supply all information

deplete the coffers of the Crown seating the true doctrine. It into that gentleman, as he may re-

and on this ground I came to be dicates, I think, that, if a claim is quire." conclusion above expressed. The made in good faith and cannot be

Not the Necessary Notice. special circumstances to which amicably settled, the petitioner has have alloded are as follows & Prtin absolute right to the Sat. To the Orders in Council contemplate. This is net such a notice. as tion of Right was presented to the cite English practice under and Persons whose property was about Governor in werk December 19154 Vit. chapter 21 is beside the to be seized had an absolute right No acknowledgment of it was given mark. Section 9 of the Imperial to a notice or other document sign- notil 22nd February 1919. On the day Act is as follows: "The... petied by the Governor, or by one of the Acting Colonial Secretary (Mr. iou shall be left with the Secretary the persons mentioned in the W. George Maxarly wrote to the of State for the Hom. Department. amending Order in Council and pisati solicitor : I am directed in order that the same may be sub-containing a reference to clause 6 to inform you that, as your clients' mitted to Her Majesty for Her of the Orders in Council

in my chips have been requisitioned by the Majesty, if she shall think fit, may opinion it was incumbent on the Crown by virtue of the Royal Pre-grant Her Eat that right shall be Governor to pursue strictly the regative and not under the Defence done."'

authority given to him. Order in Cupen 1993, your clients]

With reference to my third pro In the Colony, are upt entitled in compensation to fiere the Crown's chief executive in order to place the plaintiffs en-¦ position, the Governor in Covari)| be assessed by a Board to be ap- oficer grants the fat, and obviously tirety at the mercy of the Crown, painted under the said Order in he is in a widely different situation deliberately elected to waive any Council, and indeed are not legalis to the great personage who actually possible title traceable to the Or- entitled to any compensation at all executes the office of the Crown. Iders in Council. In my opinion The Crown, however, is willing to may add, however, that in England that election cannot new be ignor- pas en gratis to your clients a suma But is never refused on the grounded in order to force the plaintifs by way of compensation based on that the petitioner is very unlikely before a Board to the constitution the rates of hire payable' to the to succeed. It is granted at the of which they object.

I have now pwners who have signed the Liner instance of every person who predisposed of all the defences. Requisition Charter Parties. (2) Ters a case in good faith and the

Plaintiffs' Rights. Under the circumscapers the Gov. legal aspects of it are determined In my opinion the plaintiEs are erner in l'ouarit dont not kee bis by the Courts and not the Attorney clearly entitled to the three da

to "ndor- Kay

2x prayed your General. This is in accord with theclarations which they seck and to let Petition of Right,**

spirit of lofty in partiality which bathe costs of this action. The Crown Refusal.

in modern England gained for that plaintifs urge that the first de- wonderful creation of law, called theclaration should be prepared with an expression of opinion on the Crown. the millions who own it

part of the Court that the Crown allegiance

The third argument was that the Tongfully trespassed upon and converted the nine abips to its own The Attorney General, on behalf of plaintifs ought to have applied for

150. There is no occasion for the Crown, now admits that there the enforcement of the duty to any expression of opinion in the neer was the slightest justifnationstant the fat, assuming, of enurse. formal orders to the ground open for citing the prerogativa,

that such a duty existed. The exact which the liability to pay compen- fusing the hat or for assuming that Gaters of the application was not sation rests. The plaintiffs do the frown was not bound to pay for specied but I gathered that is not suggest that the measure of the the use of the ships. In other words, aght to have been for the iso-compensation depends in any way a that upon a Petition presented with the prerogative writ of wanapon the errors made by officials, a view to obtaining payment of com

darets. I think that the conten Therefore, the question as to pensation would now be granted as tion is sufriratly answered by an whether such acts were tortious) of rousse, in these circumstances earlier portion of this judgment. the use of a Petition would be as ide peremony.

The Cours consistently refused until after the institution of this action to recognise any daty of par. tet obligation towards the plainti

or

War Rights in Peace Time.

or innocent. is, in this action, of pendemic interest only. But if the plaintiffs had sucd persons)

I past to the question whether the who purported to act ander Gor The King's Honour.

Crown can found a case on the Or-ernmental authority, it would have Further, 1 am of opinion, to ac

der in Council of Oct. 25, 1896, or been of the greatest importance. on An amending More at the language of Barong

Order dated from the view-point of such per- JUST received a large Consignment of (1) LACTOGEN the Arkyns in Pawlett va the Attorney March 21, 1916, and published here sons, to establish that the seizure most digestive food for Infants which keeps good in quality during tieneral, that it would derogate on the 20th of the following May, was not invited. Hot Weather; (2) LACTOSE (MUK Sugar) for sweetening the foods from the King's boccur to imagine pleading impeach the validity, in which I have formed upon the For this reason. Though the plaintiffs, by their I abstain from expressing the view of Infants and Dyspeptics; (3) MILFORD-MCGRATH FLUID that he, INSECTICIDE the Best Fluid for destroying Fleas, Mosquitoes. justice and equity, could possibly of the Order of 1896, it was 28-

as the fountain head of point of law, of clauses 12 and 1 point. Bugs, Flies and all other Insect Pests in Summer days and (desire a subjects, already starting sumed that the two Orders are still JOHN CAHILL'S GOLDEN FLEECE, MAGIC and CINDERELLA

under grave injustice, to change thrin forte for all

SOAPS for keeping everything clean in Houses.

purposes. The

Two Comments. Before parting with the case I

PRICES are Very Moderate. Inspection and Enquiries readings of their cause-papers and notion that the Crown in the think it desirable to comment, on. start proceedings as of right afresh.exercise of the prerogative, can. two matters. First, there would,

cordially invited.

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In connecting with this topic it is during a period of peace, subject probably have been no trial at all right to antice three arguments. the inhabitants of a British de- had the Colonial Secretary shewn pendency to obligations wholly at

wisdom and toleration during the variance with the fundamentalnegotiations with the plaintis” First it was said that the Petition concepts of our constitution is 10:

Board of Directors. His view as to the rights of Crown was quite

Argument Unworthy of Consideration.

presented in December, 1913, merely startling that I should be slow in unfounded and yet he sought to referred to the Imperial Order in yielding assent to it. It is not, Council, and that the plaintiffs in bowever, necessary to reach any conduct calculated to outrage the enforce it by language and other this action deny the application of conclusion upon the point for such order, nod allers that the three reasons:

hat the prayers

now before

the

justified.

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tion and awaken great anxiety as ancient practice, to which I have Cora acted in a manner wholly No Power to Expropriate. to whether adequate, compensa-referred. should be neglected. But usauthorised by any rule of law or First, the plaintiffs' ships were tion ever would be paid. equity. From these premiars the expropriated on Oct. 5, 1918, when the official attitude subsequent to that the Court is not sensible of EARLY HOME OF QUEES BESS.

As to I hope it will never be imagined conclusion drawn was that the Gov. this Empire most certainly was at the seizure of the ships, the best the debt which it owes ernor in Council arver refused to war, and the legislation no doubt comment, perhaps, is that the At-Indvocates in private practice who the seats of the late Earl Brown-

to those Ashridge Estate, Bucks, one of Thus it may very well torney General's advocate has not discharge the forensic duties of flow is to be sold. Queen Elizabeth Coart. Whatever may have wien be that if such expropriation were advanced one word in defence of the present Law Officers. The lived at Ashridge when a princess,

lawful, the resulting claim the merits of such an argument in]

for it This brings me to the last Court is fully satisfied as to their and Edward I held his Parlia the eye of formaliso, it is to-day in the manner mentioned in clause prise, but with regret, that neither their presence alone in important

compensation ought to be assessed matter. I noticed, not with sur capacity, but is of the opinion that ments there. unworthy of serions considerations, 13 of the Order of 1896.

of the Law Officers thought it in-Crown cases is hardly consistent and it is not the type of argument

NO FLEE POSTAGE FOR LEG Secondly, I am of opinion that cumbent upon him to appear at with the spirit of our constitution.

CANDIDATES. which this Court expects to bear on the plaintiffs' ships never were the bar. Now, according behalf of the Crown. It is within expropriated in exercise of any usage grown venerable with age the knowledge of the pupil-room powers conferred upon the Gover-and not. lightly to be broken in that the Chart can amend any Peti nor of this Dependency.

upon, the highest Courts in Eng- tion or other pleading so as to do

Thirdly, and in the. alternative. land and in every British depen the Crown is not new at liberty deney will conduct before them Salvage, Diving and Life-Saving to invoke clause 13 of the Order of cases, to which the Crown is a work of the Soviet Republic, the Trans-Canadian Theatre Trust 1896. Clause & enacts: "The party, if of great public import koyal National Lifeboat Institu- has made a contract amounting Governor may require any person ance or difficulty. It is not, in my tion has received a request for to £100,000 with Mr. Albert de ships, boats or other personal pro- the dignity of this Court or with ments and innovations carried largest contract ever signed to to supply any animals, vehicles, opinion, consistent either with details with regard to improve-Courville's revues. This is the perty, belonging to or under the that of the Government that the out by the Institution.

| an English producer. ⠀

right between the parties. And this

is the only answer it is necessary to give.

. "May" Implies "Most."

Secondly, it was contended that the Governor-in-Council has

an

to an

1+

A omposal that candidates for L.U.O election should be allowed. free postage has been rejected by the Local Government Com- mittee.

SOVIETS AND LIFEBOAT -

INSTITUTION, From the Department of LARGEST THEATRICAL CONTRACT. Mr. George Driscoll, of the