The City of Berne in Switzerland v. The Bank of England.
HIGH COURT OF CHANCERY
Original Printed Version (PDF)
Original Citation: (1804) 9 Ves Jun 347
English Reports Citation: 32 E.R. 636
Feb. 29th, 1804.
Republic of Peru v. Dreyfus, 1888, 38 Ch. D. 358.
The City of Berne in Switzerland v.
The Bank of England. Feb.
29th, 1804. [Republic of Peru v.
Dreyfus, 1888, 38 Oh. D. 358.]
A judicial Court cannot take notice
of a Foreign Government, not acknowledged by the Government of the Country, in
which that Court sits ; and the fact of acknowÁledgment is matter of public
notoriety.
Mr. Romilly, for the Plaintiff, on
behalf of himself and the other members of the Common Council Chamber of the
city of Berne in Sioitzerland, and the [348] Burghers and Citizens of that
city, moved, that the Governor and Company of the Bank of England and the South
Sea Company may be restrained from permitting a transfer of, and the trustees
from transferring, certain funds, standing in their names under a purchase by
the old Government of Berne before the Revolution.
Mr. Piggott and Mr. Wooddeson, for
the Bank of England, and Mr. Mansfield and Mr. Steele, for the Trustees,
opposed the motion ; on the ground, that the existing Government of
Switzerland, not being acknowledged by the Government of this Country, could not
be noticed by the Court.
The Lord Chancellor would not make
the Order ; observing, that he was much struck with the objection ; and it was
extremely difficult to say, a judicial Court can take notice of a Government,
never authorized by the Government of the Country, in which that Court sits ;
and, whether the Foreign Government is recognised, or not, is matter of public
notoriety. (Note : So the Court refused to act in a suit
9 VES. JUN. 349. OWEN
V. FODLKS 637
instituted by persons representing themselves as the Colombian
Government; which was not recognized by the Government of this Country ; 1823,
4.)