Nanking, Jan, 16, The frst interview granted student delegates from all over China a high Government official, so as to give them an opportunity to express their views regarding the pre-Sent national crisis, lasted. for_more than four hours. While Gen. Chiang Kalshek received 80 college pres-dents and 75 high school principals at the Ofllcers Moral Endeavour Assy ciation, about 130. student delegates ave free expression of their opinions at a conference with Mr. Wang Wen-hao, Secretary-General of the Exeettive Yuan, yesterday afternoon, As the objective of the interview was to afford the youths proper channels for the free expression of views. instead of resorting to public demonstrations, $0 out of the 190 delegates clarified their stand at yesterday's conference. From the large number of speeches made, the students" opinions centred on' three phases of the motional crisis and could be summarized as follows:—2 Internal Affairs—Tke opinion was unanimously advanetd that drastic measures should be adopted for the punishment of traitors, and attention was drawn to the acute dangers of the East "Hopel and the general North China situation in relation of China's Judicial Yuan Interpretation Raises Issue Nanking, Jan. 18.
The request of the Ministry of Finance for the enactment of a special Jaw governing the mortgage of im: movable property was rejected by the Legislative Yuan yesterday, The request was made in consequence of fan interpretation of the Judicial Yuan Felating to Article 873, Paragraph 1, of the Civil Code, on the auction of mortgaged property (Yuan 493).
'Foreign Relations—Views wore un animously expressed that the National Government should make plans for a well-balanced diplomatic ropresentation and formulate a definite foreign policy' on the basis of the preserva: Hon of territorial integrity.
Educational Problems—Formulation Jof a special educational. programme for the period of national crisis and extensive promotion of physical educa tion was believed necessary. Opposl= tion was voleed to the regional revision of school text-books without the approval of the Central authorities.
According to this, a mortgagee who hag not been paid' at the maturity of an obligation in his favour can apply to the Court to have the mortgaged Property sold by auction and to pay. himself out of the proceeds of the sale, This Article has been interpreted by the Judicial Yuan to mean that the mortgaged property, in the above circumstances, cannot' be sold unless a final judgment therefore has been rendered by the Court. Because of this interpretation, the interests of the mortgagee are often jeopardied, as it requires some time to obtain a final judgment of the Court, Consequently, public confidence in property mortgages has been shaken, The Legislative Yuan, after a lengthy discussion, arrived at the following conelusior According to Paragraph 1, Article [873 of the Civil Code, the mortgagee, who has not been paid at the mature ity of an obligation in his favour, may have the mortgaged property Jsold by auction; as a measure of prudence, however, he should apply fo the Court for' the sale thereof. For the sale of such property, how-Jover, no final judgment of the' Cou-t is necessary. The procedure for the auction of mortgaged property will be provided for in the lay governing the compulsory execution Jot Court judgments, which is in the course of enactment by the Yuan."
"As to whether it is advisable or not to revise the interpretation of the judicial Yuan (Yuan 493), since the Executive Yuan has referred the question to the judicial "Yuan for' consideration, it is not within the com-_ jpetence of the Legislative Yuan to With regard to the inquiry of tie {Executive Yuan as to whether factory machinery may be considered os 22- leessories or not and whether such machinery may or may not also be mortgaged as immovable property, the Legislative Yuan decided as "The meaning of accessories is explained in Article 68 of the Civil JCode. If the factory machinery conforms to the requirements of this Article, it may, course, be regarded as. accessories. However, since the Executive 'Yuan has referred the question to the' Judicial Yuan for an interpretation, not necessary for the Legislative Yuan to discuss it"
According to Article 68 of the Civil [Code, accessories are things "which, without being component parts of the principal things, are intended to facilitate its utilization and belong to the same owner. But, if there 1s special custom prevailing in trade, such custom shall be followed. 'The disposal of the principal thing extends to its accessories. "The Executive 'Yuan apparently wishes to know who. ther, when a factory building.is mort-tuged, the mortgagee may. also. include' the machinery thereltt or not.
Prinelpals' Views the Interview between Gen. Chiang and the college presidents and high school principals, the speakers included Dr. Hu Shih, Dean of the College of Liberal Arts of the Nation.
Peiping University; Dr. Chang Po-ing, president of Nankai University. Tientsin; Dr, Herman Liu, president of the University of Shanghai; and Dr. Wang Hsing-kung, president of the Wuhan University, Wuchang. They expressed the opinion that the studem movement aimed at urging the Na-tonal Government to deal with the resent crisis on tke principle of pre Serving the territorial and administra tive integrity of the nation, and_ox-pressed the confidence that the Government would work for the welfare the nation along these lines, As to the student movement" itself, the delegation expressed the hope that the Government would ce-operate with the authorities of educational institu: Hons in maintaining normal conditions for the (raining of the nation's "auth—Contral News.
Text read from the printed page and cleaned; old type leaves the occasional error.
