'Tu H. M. Supreme Court last Friday, his Honour Judge Sir Skinner 'Tarner gave judgment in the action brought by the Bank of East Asia, Ld, and P, P. Vasania against Sir ames Jamieson, K.c.n.c., HM, Consul General at' Canton," and Mr. Frank Arnold Wallis, "Vice-Consi of Canton, The claim was:
"For a declaration that the plaintiff" Bank are entitled by virtue of divers mesne assignments and in particular by virtue of an indenture dated August 4, 1923, to the western half of lot 57_in the British Concession at Shameen for the.residue of the term of 68 years granted by an indenture ated November 8, 1898, and made
eohalé of the Commissioners of between W. Cowan,' Esq., on Her Majesty's Works and Public Buildings, and B. Z, Simmons and Robert L. Chambers, of Shi Canton, and to have. their registered in the books kept for the purpose at HM, Consulate-(General, Canton.
(2)—For a mandamus commanding the defendants or one of them to effect Counsel in the Eldon. Potter, Holborow for the plaintiffs, and Wilkinson and Mr. V. Priestwood for the defence, The Judge delivere his decision as follows This isan action of an important and unusual character. I only Know of one similar to if, and T have boon connected with Courts in extra~ loffcial, in charge: ie. the Consul-General. The leases are short, and {the one in question is dated Novem ber 8, 1898, and made between Wil-iam. Cowan, representing the Commissioners of Works and Public Buildings, and Ezekias Z. Simmons and Robert E.,. Chambers, who Jwere American citizens. The land was leased to "the lessees, heir! executors, administrators and assigns."
The subsequent history of this of, as taken from the admitted entries in the Register before me, is jas follows:—Chambers transferred hhis share in Lot 57 B to Simmons in July, 1911: Chambers as executor! of Simmons transferred in June, 1914, to Kavarana and Vasania: in July, 1917, Kavarana transferred to Vasania. In no case does the consent of the Crown as lessor appear in the Register. In 1923 Vasania (the second: plaintiff), now the registered owner of this Crown Lease, sold the unexpired term for valuable consideration to the Bank of East Asia, Ld, (the first plaintiff, hereinafter called the Bank), under conveyance dated August 4, 1923, -|This conveyance repeated the res. tractive covenants on the right of Jatienation contained in the Crown lease of 1898. In August, 1923, the duly authorized representatives lof the parties to this conveyance attended at the Consulate-General to register the transfer from Vasania to the Bank.
Registration territorial countries for over 24 yours: I refer of course to Gout Cimitian (1922 1. A. C2). Tt Drought by the parties to a deed of conveyance of & Crown Lease at Shameen against the two defendants their official capacity as Consul-General and. Vice-Consul at Canton in relation to one of their duties: asks for n declaration as, to rights and for w mandamus ordering. the defendants to perform a certain duty alleged to be statutory. Many points are-involved and Fully argued before me: and T much indebted to Counsel on both aides for the assistance given to the Court. The facts are short and are rot in dispute.
Text read from the printed page and cleaned; old type leaves the occasional error.