Can Proceedings be Taken in Shanghai Against a Company in England?
A legal point of considerable importance occurs in the case of Messrs. R. B: Moorhead & S. J. Halse v. the Union Gold Storag. Ca., Ld., and the Shanghai Ice and Gold Storage Ca., Ld., which came before his Honour Judge Sir Skinner Turner in the Supreme Court on Thursday.
'The action has been brought to recover damages for an alleged Jencroachment by defendants—upon plaintiffs' property, and applica-is now made on behalf of the Union Cold Storage Ca. that an order of the court dated April 23, whereby leave was given to serve the writ upon the manager of the Shanghai Ice & Cold Storage Ca., might be discharged and proceed: ings against the Union Company be set aside on the ground that it is not and never has been within the jurisdiction of the court, nor has it ever carried on business within the jurisdiction, by Mr. manager of the Shang Cold Storage Ca., it was stated that the Union Gold Storage Ca. ix a British company incorporated in England, and that it is not registered at the British {Consuls Shanghai. 'The property which is the subject matter of the action (B. C. lot 3881, owned by the Union 'Company' and oecupied by the Shanghai Tee Ca) inthe name of the hax never bec len Me. Aitker stated that neither his company nur any po son in itx employ had ever acted agent in China fos the Union Cold Storage Ca.
Mr. M, Reader Harris appeared sand Mr. G. i, Wright Badeley "for a ight said that this a was taken out by Cold Storage Ca., Lil, and raised a question of considerable Jinterest und also of importance inasmuch as it put in ight of that court to take ver a Britich camp England and which, yon business in China as it in any sense the limits of the principal Order.
The summons was taken under Order Tule 30, of the Supreme Court rules i England, anid counsel referred to rule 111 of the Tocal rules which, he said, was substantially the same as order rule 2, of the Home rules in regard to the cond ne under which "substituted service" might ordered. Substituted service could only be had, he submitted, in cases in which personal service could have been made when the writ was aod, and in this connexion he referred to the White Book of the current year (pp. 74-75). Counsel went on to say that the affidavit filed in support of the application for substituted service was de-
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There must be an account on the above Inid down and the successful in their wwe in respect of the Spunt Mr. Tycho Wing (instructed by Messrs. Schuhl & Schoenfeld) ap-\peared for plaintiffs and Mr. MI. fective, inasmuch as it did not refer to the matters laid down in the Home practice which must, be included in such an affidavit before jan order for substituted service could be made.
Text read from the printed page and cleaned; old type leaves the occasional error.