The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 1 1915

Article 23 every other of which relates solely to the conduct of a military force and its comanders in a campaign and not at all to the administration of the law respecting alien enemies at home ; that the chapter of which the Article forms part is entitled " Means of Injuring the Enemy Sieges and Bombarments "' and that the section of the Annex to which the chapter belongs bears the gener [...] For example if the Comander-in-chief of the German forces which are at the present moment in military occuption of part of Belgium were to declare that Belgian subjects should not have a right to sue in the Courts of Belgium he would he acting in contravention of the terms of this paragraph of the Article The next point to consider is whether he is liable to be sued in the King's Courts dur [...] To allow an alien enemy to sue or proceed during war in the civil Courts of the King would be as we have seen to give to the enemy the advantage of enforcing his rights by the assistance of the King with whom he is at war. [...] On September 28th the keys of the premises were sent to the Plaintiff by Barnes which the Plaintiff intimated would be held at the diposal of Barnes as the agent of the Defendant. [...] The general rule is that an order for substtuted service of writ of summons for service within the jurisdiction cannot be made in any case in which at the time of the issue of the writ there could not be at law a good personal service of the writ because the Defendant is not within the jurisdiction.