The Archive · 1937

First Special Court

Knotty Spanish Problem

The First Special District Court was confronted with another problem involving nationality and jurisdiction on April 15, when a Father of the "Spanish Missions refused to recognize the authority of the court on the grounds that he was under the control fof the local Italian court. The case was finally adjourned for the court to make an investigation into. the actual nationality of the defendant, The case was brought by Mr. Joahim Sarshez, represented by Mr. Paul Premet, against the Rev, Father P. Cerezeal, Mr. Premet laying before the court a petition for defamation concerning certain statements alleged to have been made by the defendant before the "Chinese court and attacking the integrity of Mr. Sanchez. The court was then faced with the: diMiculty of de: iding whether or not!

was competent to deal with the matter, Tt was revealed that when the petition was sent by the court to Father Cerezeal he refused to receive it, on the grounds that he was under the Jurisdiction of the Italian court. The plaintiff strongly objected to this: contention, and said that the defendant was Spanish-born and had always represented himself in Shanghai _as being a Spanish citizen, Furthermore, he was not aware whether or when Father Cerezeal acquired Tatian nationality, he said, and submitted that defendant's contention could not bbe legally supported unless he produced definite proof of his new nationality, Even in that case, plaintiff submitted, and admitting that defendant had acquired Mahan citizenship by naturalization, the court and. any other interested parties were entitled to ascertain the legality of the naturalization and, more especially, whether the defendant legally lost his former citizenship when' acquiring the new one, Saying that he thought it should have been matter of international courtesy for the defendant to "comply with the summons of the court and then appear personally to. explain, Why he declined to acknowledge itt Jurisdiction, Mr. Premet asked the court "to order Father Cerezeal legally to justify all his obligations with regard 0 citizenship and. the Jurisdiction he emimed' before the Court. The plaintiff reserved the Wight to ventest the validity of tle Mahan citizenship provided it existed.

The court ordered an adjournment for further enquiries,

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

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