[IN THE COLONIAL COURT OF ADMIRALTY]

1922   Present : De Sampayo J.

 In re SS. " ARNALDO DA BRESCIA.'

Case No. 2.

No power to arrest a ship belonging to a foreign State-International law-Ship engaged in ordinary commerce-Objection to, jurisdiction may be urged at any time.

A ship belonging to a foreign state cannot be arrested by our Courts. The foreign state does not lose its immunity from being proceeded against by the arrest of the ship, even if it employs the ship in ordinary commerce.

The Court is bound to withhold its hand whenever it appears that it is without jurisdiction, and cannot refuse to entertain an objection to the jurisdiction at any stage of the suit.

THE facts are set out in the judgment.

Drieberg, K.C. (with him Hayley), for H. M. the King of Italy.

Elliott, K.C. (with him Bartholomeusz), for the plaintiffs.

June 6,1922. DE SAMPAYO J.-

This is an action in the Supreme Court exercising jurisdiction a a Colonial Court of Admiralty in respect of a collision. The plaintiff are the Edward Steamship Company, limited, the owners of the ss. " Clearway." The action is one in rem, and the defendant is the ss. " Arnaldo Da B