Important Jurisdiction Problem Solved at Mixed Can an unrecognized foreigner transfer his claim in the Mixed Court to a subject of a Treaty Power and thus bring an action afore the Assessor of that country instead of sueing in his own name before the Assessor of the Way? This was a point which had be decided on Monday by Mr. T. Siqueland (the Norwegian Asses-fant Chinese Magistrate).
The matter arose in connexion with the case of A. Warild v, the Russian Volunteer Fleet which, on February 11 last, was adjourned until such time as the Consular Body should decide on the issue.
Mr. R. F.C. Master and Mr. N. 2viereff appeared for plaintiff; Dr.
Fischer for the defence.
"The action was long-standing, originating in an alleged claim for Jwages and bonus by A. Leisberg against the shipping company, amounting in all 15,291.61 gold roubles. Of this amount, the origfal plaintiff complained that 5,250 gold roubles were due to him' salary on the monthly wage: of 250 roubles, from April 1, 1920, to December 31, 191, The remainder accrued to him, the petition continues, from the saving fund and Venus, Filed on March 9, 1923, the original petition was altered to read A, Warild, plaintiff, a Nor wegian citizen, on September 28, 1923, At a later date Messrs, Musso Fisher, for defendants, filed a Cemurrer' which represented that. such, an assignment was contrary to the principles of law, as it ousted the jurisdiction of the original, competent court.
In giving judgment, the Assessor said that, in 1923, the Consular Body had decided that such an orsignment could be made but. afterwards held a meeting to consider the matter. On April 6, the Senior Consul -had sent a letter to the Court Registrar stating that ular Body had decided to former decision and that after enses have come up in Court ne assignments could be made. On the basis of this decision Mr.
Warild's case would have to be dis missed."
Mr, Master informed the Court that "he also appeared for the former Russian plaintiff, Leisberg, the man who had assigned the claim to Mr, Warild, the Norwegian plaintiff, and asked the Court to cancel the change of the name of plaintiff in order that the case might be heard by the Assessor of the day, with the Norwegian Assessor sitting to watch Norwegian interests, but this application was refused.
The Assessor, important, on raised by Dr, Fischer, It was.
important principle of law on which the Consular Body had been ven am opportunity to decide once and for all,
Text read from the printed page and cleaned; old type leaves the occasional error.