Now neither of these mortgage {instruments purported, in my opinion, to cover the buildings, erected by Eckford. Motors and Eckford Motors Ltd; these buildings were not the property of the mortgagors Cornabe Beckford & Ca. save by virtue of the English rule quiequid: plantatur solo, solo credit, whereby "whatever is affixed tothe freehold becomes part of the freehold. By. Article 104 of the China Order-in-Council, 1925, the civil Jurisdiction of this Court Is to be exercised, as far as circum. stances admit, on the principles of and in conformity with English law for the time being in force; but "English law" there has been' construed by the Judicial Committee to mean the while body of that law inclusive of the rules of the candiot of laws. 'Those rules recognize. the principle that the incidents of land are governed by the law of its site, In' Secretary of State for Foreign Afsire v. Charlesworth Pilling & Ca. (C001, A.C. 373), where the appli ability of the English rule to. land in Zanzibar was considered by the Judicial Committee, Lord Hobhouse said that It was going a long way beyond the immunities accorded by treaty. to British subjects in Zanzibar, and beyond the reason for those Immunities, "to say that the moment a plot of land is purchased by an is. stamped with the would belong to tually. transferred. to England and surrounded by other English tand and to say that his neighbours, who may or may not be British subjects, must have their rights and Habllities governed by its fed fictitious and not by its actual situa tion" and it was he that the rule ald not apply.
In the some judgment occurs the passage which has by now becom familiar in this Courts "The root of the, jurisdiction is the treaty grant or other matter by which the Queen has power and suredeton in Zanzi thereby becomes an auforeign territory of exercising her powers quite Independently of the Will of the Sultan. On that state of things the Foreign Jurisdiction Acts supervene for the purpose of bind-Ing all the subjects of the Queen: and they enable her to order in what way her authority in Zanzibar shall be exercised. She orders that shall be exercised In accordance pa ly with certain Anglo-Indian laws and partly with English law. The English law again for certain pur poses, of which the present purpose {fs one, incorporates the local law of Zanzibar. But throughout the matter Zanzibar remains foreign territory, and the Queen and her officers are acting as Zanzibar authorities by virtue of the power which she has acquired, and which is within its mits sovereign power. Tt results that a Judge acting within these Umits is a Zanzibar judge, and is bound to take judlelal notice of the Zanzibar law, whatever it may be, applicable to the case before him." eRaeciee die seers caer at ace Shomer caper ort
Text read from the printed page and cleaned; old type leaves the occasional error.