ISBN: 9781458805850

Nathaniel Cleveland Moak, Paperback, English-language edition, Pub by Rarebooksclub.com Books Reports-of-Cases-Decided-by-the-English-Courts-Volume-6-With-Notes-and-References-to-Kindred… More...

Nathaniel Cleveland Moak, Paperback, English-language edition, Pub by Rarebooksclub.com Books Reports-of-Cases-Decided-by-the-English-Courts-Volume-6-With-Notes-and-References-to-Kindred-Cases-and-Authorities~~Nathaniel-Cleveland-Moak Rarebooksclub.com Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 18V3 The Charkieh. dilatory and the issue distant and uncertain, for the ordinary use of courts of justice in cases where such use would lessen the dignity or embarrass the functions of the representatives of a foreign state; and if the suit takes a shape which avoids this inconvenience, the object both of international and of ordinary law is attained ? of the former, by respecting the personal dignity and convenience of the sovereign; of the latter, by the administration of justice to the subject. The universally acknowledged exceptions to the general rule of the sovereign's immunity when examined prove the truth of this proposition. For instance, the exemption from suit is admitted not to apply to immovable property. One reason may be that the owner of such property has so incorporated himself into the jural system of the state in which he holds such property, that the argument of general inconvenience to states from allowing the exemption outweighs the argument from convenience on which the exemption in other matters is bottomed. But another reason surely is that which seems to be suggested by 98] Jervis, C. J., in Taylor v. Best ('), that such a suit can be carried on without the necessity of serving process upon the sovereign, or of interfering in any way with such personal property as may be requisite for the due discharge of his functions. The exemption must be taken away for one of three reasons, either those which I have suggested, or a third, that the acquisition of immovable property amounts to a waiver of privilege. Take another instance: the sovereign who is plaintiff in a suit cannot escape from the necessity of answering interrogatories, and being subject to the service of process, and to counter demands, such as the rcconvcntiones of the Roman law; which law...<