Places; $9.40, $7.40, domicile of choice in Shanghai.
Mr. Potter quoted parallel arguments concerning the British Court in Constantinople and instanced the fact that, whereas at one time a certain ruling applied, it, was ster expressly changed so that a subject included a British Protected person.
"The Judge—It may interest, you to know that T made that altera~ tion myself. I drew up the 1910 Order. T drew it up about 1909 in jin Constantinople.
On the extraterritoriality issue, Mr, Potter referred to. an argu ment made by Str. Samuel, where-pon Mr. Wilkinson interposed: "Rhee is my ease, too!"
Mr, Potter—t am delighted! That is the fir point of law T have heard from you yet! Happily, now swe have our friends united again fon the point that, if you are in an extraterritorial "region, you cannot shake off your domicile of origin. T'am happy if Thave been the Jeause of reunion, although 1 disagree with them.
Continuing, Mr. Potter sai 1 will challenge Mr._ Wilkinson publicly, bearing in mind his career Shanghei as the representative fof the. Crown in this Court, argue that Shanghai is British territory in the sense that. been carved away from China and that the supreme power in. China has no control over Shanghai.'
Sir. Samuel—t never suggested that the International Settlement was British. territory.
Mr, Wilkinson—My_ point is, that the deceased. gentleman, in register-Ing at the French Consulate and hhere, proved that the Inst intention the had was to get a domi ile in China. ing to know what Is meant fete domicile. At least my "viands Trust contend that the International Settlement is not apart of Chinn In any case, if the Settlement were over to-morrow morning, it would. not affect the jurisdiction of this Court, provided always that the treaty. wae not abrogated. Bri {Sh subjects would have jus! same nights.
ness, the Judge permitted Mr. Potter For fe convenience ofthe wit to break off in his opening address fond call Br. C. Harpur, Commission jer of Works to the SAL.C. Exam fed by Mr. Potter, Mr. Harpur said that he had been in Shanghai 204 years and he knew the late Mr. Hardoon very well, both in an oficial connection and socially. Mr. Har~ Mien owned a great deal of property fu Shanghai aid he often spoke to witness of the desirability of Shanghai asa place of nce. He made it quite clear that he intended make it his abode. In connection with a scheme for a projected road that would ran through his property, the asked the Council. to hold its hand until his death; that was in 11907, He was still acquiring pro-the ordinary Volunteers. did not, Witness said he could not say Iwhether it was a matter of common
mobilised to keep the 19 Knowledge that the Volunte Army out of the Settlement in th recent troubles, nor would, he press an opinion as to whether Army would have been welcome had they marched in.
The Judge—It depends on people higher than Mr. Harpur.
Mr. Potter then continued i opening address. Drawing from Mr. Wilkinson the remark:—"Wo want to divide the estate," he said was reminded of an unreported decision in a Chinese dispute between the sons of a deceased to the division of an estate. The matter was put, up to the headman of a villages who hear the com plaint and then delivered judgment. To the eldest. son he said it was obvious that it was for him to divide the estate, whereupon the eldest son made his chin-chins and was very pleased. Then the headman tured to the younger son and. said:—"However, you, as the younger son, will have the first choice." Counsel thought that a judgment excelling even that of Solomon.
Mr. Potter having concluded his case, Mr. Wilkinson summed up for to kinship was vital. The plaintiff the plaintiff. He said the point said that he was a cousin and one of the next. of kin of the late Mr. Hardoon. The defendant professed not to have any knowledge of that and did not admit the kinship. The evidence was that the plaintiff bore the same mame and came from the same place, and it had been stated that the mame was not a common tone, like Smith or Wilkinson. his arrival in Shanghai, he went to which was the natural thing to do. They spent Some time in discussing common relatives, and the deceased pointed
expect to make a fortune in Shang-that the plaintiff could, not hay as he could not talk Chinese or English, Then came a fact that imposter could invent—that Some time after he received through intermediaries.$750, with a condition attached.
This was rather a convincing incident, said Mr. Wilkinson, because the plaintiff did not know how frightened the Jewish commu ity would. be about giving evi dence, and that they were frightened was a fact It) seemed clear from the evidence of Mr. Abraham that Mr. "Barden attached the Condition because he did not want 2 poor relation about the place. Mr. Cata also had stated that he spoke {o Mr, Herdoon about the plaintiff A a relative and Str. Hardoon not deny it, Ag regards the pedi-Brees, Bir. 'Wilkinson said that the Sows' were particularly prone, to handing down family" particle, which were extremely well presery-
Sra nothing: dependent on the andin' the ordiniy Way She. was his grandfather, andean oF a Tas ere correct. answer generally could be take, "Mr, Wilkinson said there "wag one convincing argument that the [plainti was the man he said he Yeas. Mr, Hardoon did not, die yesterday, "the. claim was "not brought yesterday, and there was.& considerable amount of money in the hands of Mrs. Hardoon,, If anyone could nove that, the plains Hit "was not the man he said he was, "the ease was ended, No Such steps: had been taken. Tf he was not the man he said he was, then Who Was he?
Coming to legal " points, "Mr. Wilkinson, said it had been argued that the Supreme Court in. reality was a Chinese Court, and similarly he argued that by Treaty it was Court of Irak. Its jurisdiction was not questioned, 'The principal xeason the widow had been sued here, was that the assets were here andy as fan Trakian, this was, the only Court' in which she could be. sued. The plaintiff also" was under British protection. It was very cheap, to talk about, prosecuting man because, in the tenseness of beginning an action Tike" this, he might have told somebody that the Will was not made in the way it might have been, He had insisted that he did not swear a lie and he stuck to, that statement.
The Judge—Why do you say this a'Court of Trak?
Mr. Wilkinson—-Great Britain has mandate anda treaty by which the King of Irak undertook to draw up.a fundamental law and a constitution, and we undertook to protect his subjects, The Judge—As British subjects?
Mr, Wilkinson—As British protected subjects, wherever there is no. diplomatic representation, My. Wilkinson further contended that he had proved the universal Jewish law, which it was his mission was recognised in Trak where Jews concerned.
anything about, the accomplish:
ihe, dude, oakd he Dad not pees ment, but only that th "shall bbe" so-and-so. when established, My. Wilkinson contended that Mr. "Barden was not a British subject and had not been one any time, by birth, naturalization, er in any legal sense, He was Turk up to the end of the Great War and the erroneous registration, whick was but a confirmation fan honour conferred upon him, had no legal effect. Tt was his' contention that Mr. Hardoon was inno sense a British subject except so far was. a protected person to whom British law applied in accordance with the that he was never domiciled and that he never could be domicile ed in Shanghai, even though it was declared domicile of choice first' will, whilst the one that proved said China, The Court had power to apply Trakian law to his will and property so far as the will was in accordance with that Taw.
Mr, Samuel followed, to. sum up he it was not on belial client, "He said.
intended "that possible for the deceased to make off his domicile of origin and require a domicile in China, bury even if he had done so, it' only brought them to the same goal by more circuitous Toute, because Such case the Court would have, Tefer to. the law of China, which tam would bring them back to the law of Trak.
On the argument that it was imporate to aeauirg "domicile in the international Settlentent, Mr. Samuel said that Mr, Poiter bad drawn an alarming picture of the number of spouses who would "living in sin" if the Judge decided fin the way he (Mr. Samuel) rug Rested was the proper way. AS a matter of fact, alarm was needles Usrd Sumner said in a celebrated Jease in the House of Lords that he was not going to be influenced by the possible result, of a decision, but the would administer the law, come what might. Sometimes there was flaw inthe divorce rulings and then there was a flutter in the Jdovecotes, but a special law wae passed and the thing was finished.
in the case of a ship registered under the British flag, a person Hiving on it could not" acquire a domicile in any particular country in whose waters that ship was navigated. "There was a similar attitude with regard to embassies. He would submit that, in its injeeption, the. International Settlement, when it. was mainly British, was regarded by the first, Judge of that Court as really in the nature of a foreign Settlement or Colony of the. Crown and, when matters {developed and it became internation-was an International Settle mont of various states. He -would false. point out that, for a good deal of the characteristic features of the International Settlement, the jeent of the sovereign Power of
Text read from the printed page and cleaned; old type leaves the occasional error.