The Archive · 1902

Fourth Day

Mr. Stokes opened his argument, and at the outset stated that the contention of his learned fucid, as he (lr. Stokes) understood it, was that the judgment so far as the Peleus was concerned, was not, an effective judgment against the Peleus in the German Court, but that as the question of who was to blame for the col-Iision has been adjudicated by a competent Court in coming to the conclusion that the Crefeld was not to blame, the owners of the Peleus were in this suit topped from denying that the Peleus was to blame.

Mr. McNeill said that he did not say that the judgment was not an effective judgment against. the Peleus. What ho said was, that the finding of fact could not. be enforced.

"Mr. Stokes, continuing, said that was the first of two propositions which had been put forward, the second proposition being Bs to the effect to be given to the fact, that the German Court was unable to give c., that it was a Court with limited jurisdiction.

His Lordship: There is really only one proposition there.

Mr. Stokes agreed, and said that his contention was that nothing but a final and conclusive judgment, of a foreign Tribunal, expressed in money, could be made use of in suits in our Courts. In support of this contention he ar army and nary of her own creation. Unaided and alone she would fall an easy prey to any nation which seriously set' itself to the conquest of the country. Her only safety is in the agreement of the Great Powers. Hence, a leery expenditure on military and naval farther stimulated by the edition of heavy duties on western commerce, and at the same time the cancelling of all charges on_native produce.

Tt is. therefore, perfectly clear from a full and frank consideration of the facts of the present situation that China will be quoted the case of Goddard V. Grey, Law Reports, Queen's Bench, page 148.

Mr. Stokes said all the cases which his learned friend had cited in support of his argument on estoppel, were cases decided ju our own domestic Courts. There was

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