The Archive · 1925

Mr. Preston (representing Mr

Pan Kyoeh-hsien—Not yet. He's only compradore just now. (Smiles).

Mr. Tavares said that he would not take up the Court's time by covering, the ground gone over in the evidence again as it was so clear and convincing. He would therefore address the Court on the question of jurisdiction. The dif culty, if any, in this matter, would readily be met by the only answer that could suggest itself to the question, "Assuming that the Court takes jurisdiction in this: action and ives judgment for the plaintiffs, what would be the detenant's position?" He would be in such a position that the Mixed Court could not enforce its judgment without encroaching upon the powers of the French Mixed Court. In fact, defendants would be faced with two judgments from different courts. Under the judgment of the French Mixed Court Pan Shing-hsien is released. from all liability vig hi plaintiff, upon the payment of 30 per cent. guaranteed by a surety under the new judgment. The absurdity of the question would y suggest itself to the Court, which itself would be placed in a most embarrassing position. And that was practically what the Plaintiffs were trying to do. They' were asking the Court to interfere with the power of the French Mixed Court and to adopt an antagonistic attitude towards a frie.dly Court contrary to traditions of the Court, and in all probability the French Mixed Court would have something to say regarding the matter. The plaintiff's were asking the Court to create a conflict of jurisdiction the consequences of which might be far-Teaching and disastrous and might, seriously affect the proper admin. istration of justice in the Settle-

Text read from the printed page and cleaned; old type leaves the occasional error.

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