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Lloyd's Law Reports

CHINA NAVIGATION CO., LTD. v. ATTORNEY-GENERAL.

(1932) 43 Ll L Rep 37

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Lawrence and Lord Justice Slesser.

Shipping - Piracy - Provision of armed guards by Crown for protection of merchant vessels against anticipated danger - Notification by Crown that armed forces of the Crown would be provided if paid for by shipowners - Whether shipowners as British subjects entitled to protection as of right - Right of Crown legally to demand payment as a condition of rendering service - Held, that there was no duty enforceable by the Courts on the Crown to render such services of protection; that there was no compulsion on the shipowners to make the payment complained of, but that if they wanted the services they must pay for them if required to do so; and that the payment, where made, was sanctioned and controlled by Parliament in the Appropriation Act under the system of appropriations in aid under the Public Accounts & Charges Act, 1891 - Appeal dismissed.

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