Each Consul for his district keeps a Register of British subjects, and jan, it would seem that some power must exist to compel registration of a British subject in a proper case. In Shanghai again the Consul-General is a Registrar of Joint-Stock Companies with express Powers of taking proceeding. surely such powers as exist in Courts in England over the Regis-trans Regi 21, Q. B.D, 132, Wills B.|J. expressly held that' mandamus would lie to such an official in a proper case. The Inw is that where 'a duty is imposed by statute upon 'a public official then the appropriate remedy to enforce that duty is by a of mandamus addressed to that official; and that it is no defence to say that what he did was by order of his official superiors. And I can see no reason why, in that state of the law, it should not apply to the several statutory duties of Consular. Officers as well as to other public officials. To hold otherwise would mean that the Executive, as re-Presented in China by a Consular officer, could "override a Statute in refusing to do something which that Statute commanded him to do; and that the: subject had no remedy: in this Court. T cannot agree with that view. (In passing, I should say that in British Courts in China, Orders in Council made under Foreign Jurisdiction Acts and King's Regulations made under those "Orders i it have the Mandamus is a command issuing from a Superior Court directed to person requiring him'to do some particular thing therein specified which appertains to his office, is-in the nature of a public duty, and is consonant to right and justice. Its purpose is to supply defects of Justice (10, Halsbury, p. 77). In fparticalar it lies... to" -enforce statutory rights" and duties:
public officials to cary duties (Ibid. p. 79). It tue to Government Officials in their capacity as public officers exercising executive duties whith affect the rights of private persons (Ibid. p. 85). Where Government officials have been constituted agents for carrying out particular duti relation to subjects, whether royal charter, statute of common law, so that they are under a legal obligation towards such subjects, a writ of mandamus will lie for the "enforcement of such duties. (Ibid. p. 98). Mandamus has issued to Special Commissioners for Income Tax (1920, 1. KB), to a Registrar of Building Societies (60. L.T. 718) and to a Registrar Title Deeds (21. Q.B.D. 655). Tt was held by Wills J, to be available inst a Registrar of Joint Stock panies (21. Q.B.D. 181) and in 4 proper case would have been available against a Registrar of Friendly Soci QB. 741); and that it must be 4 Consular Officer in respect of his statutory duties, Tt is true that the decision to issue the mandamus to the Special Commission for Income Tax was reversed im the Court of Appeal (1920, 1, K. B. 408), and that decision was affirmed in' the House of Lords (1921, 2 A. C. 1). But the principle was the same, and the Lord Chancel lor expressly' said that mandamus would issue in a proper ease to these commissioners (p. 7).
Text read from the printed page and cleaned; old type leaves the occasional error.