No, 4548,—JANUARY 20, 1878.]
ANOTHER case of asphyxia from these, fatal of perspective works of art do to ordinary charcoal fumes has courred; this time on pictures. At the same time they often board a steamer but a few hours since ip take. quaint and original views of men harbour. Monsieur Georges Ferrot, first and manriors here. One, speaking of the officer of the Volga, which, carrying the conversation in coolaty here as compared European mails, sailed at daylight this mor- with what it was in his own country, said ning (Jon, 16th) having dined on board last "Oh yes, I understand your etiquette evening, retired to his onbin at nine o'clock protty well now. When the ladies are and want to bed. He had previously catised prosant, we speak of lacquer ware and the a hibachi, charged with burning charcoal, toolimate of Japan." On the whole, it must be placed therein to warm it. At midnight, be confessed that If the Japanese are when his watch was called, the door of his concetted they are usually good-natured and cabin was rapped. No answer was returned often smasing; and have nothing of the to repeated knooks and calls; and at length auspicious manner, which is so unfortunato the room was broken into, whan Mr Perrot a trait with the Chinese. was found dead-suffocated by the poisonous emanations of the charcoal. The body was brought ashore at three o'clock in the mor- ning, and carried to the General Hospital, where an examination was made by Dr. Eldridge in presence of Mr. A. Conil. The remains will be interred to-morrow at nine a.m. Strange that the experience of others will never teach that smouldering charcoal in losed rooma is a foe, at least as fatal as, any more insidions than, fire itself.Japan Gazette.
THE CHINA MAIL.
The Attorney-General, Instructed by Mr Brereton, was for Mr Forbes; and Mr Hayllar, Q., instructed by Dir Dennys, was for Mr Hernsheim,
Holms v. Guppy. In Jones v. St. John's could do; and, on the whole, he is, with Mr Hayllar urged in reference to the Ist Coll, Camb., R. 6, Q.B. p. 244, there the exception of a small sum, not dissatis prisoner that he had filed an affidavit in was an express stipulation to do all extra fied with the verdict, and he has no wish this Court, in, which he stated that he was work within the prescribed time unless it to disturb it. It is the rule under such in the forty-eighth year and that he had a was extended by the bursar, This takes circumstances not to allow a new trini, I wife and two children and his mother-in-law the case out of the principle which I have therefore think that no new trial should be entirely depending on him for support. already quoted from Comyds Digest. It granted. I feel satisfied, believing that That he had been a ship's engineer for the also was held to be an answer to the re- the plaintiff would be entitled to some past twenty years, and that provious and up plication, which alleged that defendant damages which would be recoverable on a to the time of the accident, the subject of ordered additions and alteratious which new trial with coats, we are doing no dia- this prosecution, no accident resulting in were so mixed up with the original work service to the defendant in refusing a new loss of life or personal injury had over taken place on any ship whilst he was acting as that it was imposible for plaintiff to com- trial.
Each party applied for costs.
euch engineer theroon. And that he was plate his contrast by the day fixed. Bat
The Uhler-Justice said each party must solely depending upon his earnings as such In this case, there two extras were the subject of a distinct contract; they wore pay his own costs of this motion, as it was engineer as aforesaid for support; and that You will see from your German papers that not alterations, they were additions of a partly justified by the confusion in which if he was imprisoned, by this Honourable the Chinese Minister at Berlla has been re- very simple character which in no sensible the evidence for the plaintiff left the case. Court, he believed his present situation in celved there very well and has been presented degree interfered with the completion of In the other actions the defendant in each the Yesse would be imperilled and that his family would be left destitute of support. to the Emperor. It is evident that he has no the contract by May 8th. The jury allow must pay the cosia,
Mr Hayllar, therefore, hoped the Court reason to complain of the manner he led ten days, which they considered ample treated, and it is to be hoped that H. E. time. This deduction, however, does not
would weigh these and all other points Lai will find the state concerts more inter-prove anything as to the prevention of the
which it had been his duty to point out to the Court. esting thers than he considered those at completion of the ship by May 8th, In Buckingham Palace, over one of which he Roberts v. The Bury Improvement Com-
IN CRIMINAL SESSIONS. went to sleep, awaking with a startling and missioners, L.J., vol. 5, O.P.. p. 811, it
(Before the FULL Court,) Inharmonious snore. The Chinese do not was admitted on the record that the
29th Jan., 1878. appear to be as well appreciated out of failure and non-exercise of due diligence doors as at Court, and it seems that some set up in the pleas as an answer to the de-
THE “YESSO" EXPLOSION CASE. of the little street boys have vented their claration was caused by the obstruction
Regina v. Barnard & King. Teutonie wit on the attaches and servants of the defendants." The defendants' re-
The Chief Justice said that in this case of His Excellency, Nothing serious how joinder set up a determination of the ever has occurred, and no doubt are long architect that they had not prevented the there were two indictments for the man the Legation will settle down, and the long-plaintif from making due progress. It did slaughter of Tsang sama, and Maliomed tailed visitors become, as familiar in the not allege they had not prevented him, The Esoup. Both prisoners wore found guilty neighbourhood of Friederich's Strasse, Conrt hold that the determination of the on both counts, but leave was reserved on Berlin, as their confrères are in that of architect did not bind the plaintiff. But some legal point which he would refer. After the doctrine now in question was upheld. due consideration of the circumstances, Mr Regent's Circus here.
Chief Baron Kelly says. "the rule of law Hayllar, on behalf of the lat prisoner, applies which exonerates one of two con though it waste of the time of the Court to trasting parties from the performance of a raise any argument on the point, and in contract, if it is prevented and rendered
conclusion. But the case of the 2nd
Police Intelligence (Both Magistrates sitting.) Jan. 20, 1878,
CUTTING AND WOUNDING.
CORRESPONDENCE.
WAY 18 THIS THUSLY 7" To the Editor of the “China MAIL."- Hongkong, Jan. 29, 1878. SIR-What is the hour fixed by the Police for night soll coolles to have finished their work? 6 am. I believe. If I am be" allow the buckets to be in the Upper correct, how is it that "The Powers that and Lower roads as late as 8.30 to 7 am, poisoning oarly risors on their way to the Happy Valley.
I would also draw the attention of the
Police to the unlawful discharge of crackers, occurring in the roads, causing great
I am, Sir, Yours, danger to equestrians and those driving.
AN EARLY RISER.
China.
SHANGHAI. (New) Another robbery of telegraph wire, from the Woosung line, was attempted on Friday evening, but the watchmen employed by the Great Northern Company fortunately heard the jarring of the wire and ran to the spot in time to prevent the robbers carrying of their booty. Otherwise they had a considerable quantity of it called up
Mr Francis then spoke on behalf of the 2nd prisoner, and called their Lordships' attention to the strong recommendation of the jury on the ground of the very dange rous state of the boiler, and although the Jary had found him guilty of neglect, atill it was a kind of neglect which was so closely connected with error of judgment that it was dificult to draw the line of distinction, and the learned counsel was sure that in passing sentenos on the defend-ready for removal. art they would take all those points into consideration. The defendant did not file an affidavit, but he had a family dependent on him for apport, and he threw himself to the mercy of the Court, and the learned counsel folt sure that the same spirit of fairness which was displayed by the learned
The sub-Committee of the Asiatic Society have arranged that the contemplated Con versazione shall take place on Monday next. The arrangements have necessarily been rather hurried, as some of the exhibits prom ised will afterwards go forward to the French Exhibition and several among the Chinese
impossible by the wrongful. aot of the other doing this he certainly foreshadowed on Judga in his summing up of the case, would gentlemen who contribute are anxions to
be shown now in the passing of sentence on
Mr Justice Snowden wished to know if
withdraw theirs before the New Year. Any imperfection which may result from this haste. will, we are Bare, to readily
who may have articles worth exhibiting, pardoned. We call the attention of those but might otherwise hesitate to risk them, to the fact that the whole will be fully insured against fire.
Ir appears we were misinformed yesterday with regard to the departure of H. M. troopship Tamar, or perhaps a change of programme took place at the last moment. Orders were received at 9 o'clock last night for the Regiment to be on board by 9 o'clock this morning. On board the Regiment was, accordingly, and the Tamar left Tanjong Pagar whart about half past 9 o'clock, and anchored outside in the Harbour, and left for Hongkong at two o'clock this afternoon. It will be easily understood that with the Ball last night the unexpected orders re ceived late must have caused a good deal of hurrying to and fro in the Regiment, as on a famous historical occasion. That paz- tion of the Regiment stationed at the Tanglin Harracks started from the barracks at an early hour this morning, under the command of Colonel Macleod, with the band and pipers in front, escorted by company of the 28th, with the band as far the Grange Road in Orchard Road, Bere the Band of the 28th played a bar or two of "Auld Lang Syne," and bade good- bye to their comrades of the 74th with thros thundering cheers, which were returned by the Highlanders with a will. The 74th then called at Fort Canning to pick up the company there and proceeded on their way! to the Tanjong Pagar Wharf, their own
Weng Afuk, a shoemaker, and Sin Ako, magnificent band playing sundry onliven lug airs, and by 9 o'clock all were stowed a butcher, were charged on remand with on board the Tamar. When Col. McLeod stealing a watch. The owner of the watch left the Tamar this afternoon the Band was found and proved losing it at the Pe the claim was in the alternative as unt. what has been established. There can be Mr Justice Snowden said that they had that the dospatch sent by some of his com- played "Auld Lang Syne," and words Lok Theatro. The lat defendant said he could notcoaver the enthusiasm with which did not steal it, but it was handed to him at the men cheered their gallant Colonel. The the Theatre by the man who did. The 2nd 74th leaves the Straite with the cordial defendant said the watch was pledged to him good wishes of the community.-Straits by the lat defendant. Both prisoners ware committed for trial, the 1st for stealing and Times, Jan. 19,
the 2nd for receiving.
CHINA AFFAIRS AT HOME.
(From our London Correspondent.) Contrary to what was generally anticipat ed the Liverpool Chamber of Commerse have decided to back up the Chefoo Con vention and to send in a petition to the
SLEEPY WATCHMAN.
Ayeen, a watchman employed at the Cosmopolitan Doek, was fined $1 or 3 days hard labour for sleeping at his post..
LARCENY.
ALLEGED ANBAUZI,
William Lycaught, Inspector of Folice at the Naval Yard, was summoned at the instance of a woman named Tsung Achun for assaulting her. The defendant stated that a piece of cloth was missing, and the complainant was suspected of having stolen it. His wife searched the complainant, and band of her trousers. He then paid the complainant her wages and sent her away. She returned to the houss and made a great Summons dismissed.
Japan. (Gazetle,)
The French corvette La Clochsterie, which Nagasaki to meet the Cosmo, expected to left this morning (Jan. 17th), geos to arrive here at the end of the mouth. From Japan the former vessel will go to Hongkong on route for Europe.
One of our French subsoribers informs us
patriots, felicitating Mr Gambetta on the result of the French elections, was never acknowledged to the senders direct; nar even was its receipt mentioned in the Regublique Francais, What gross in gratitude!
Government in favour of Its ratification, the cloth was found concealed on the Waless than the sum claimed for penalties. of the fullest knowledge whenever he chose to the 2nd prisoner, he had neglected his for Australia, with Japanese officers and
SUPREME COURT.
IN ORIGINAL JURISDICTION.
LITE G U. SANDS.)
used and there would have been no explosion.
onse wa
"
13
Quotations. Horezosa, January 29, 1878.
credit, Old Patna, cash,... None
oredit,
New Benares, cash, 6531 a 555
credit,
3.
"
15
credit,-
"
New Malwa, cash, 705
T
*
Old Benares, cash, None
contracting party." Wetre of opinion that prisoner presented some difficulty and was the completion of this contract was in no different from that of the 1st prisoner, and the defendant, way prevented or even delayed by these Mr Francis properly urged all the points ho Annie Bobuffer, a coloured woman, and two extras, and that the plaintiff is entitled
He argued the case very fully and had alted for himself, described as a native of America, was charged to whatever penalty the jury granted him, could, for the consideration of the Court, either of the prisoners had anything to say The 1st prisoner said that he had been an remand with cutting and wounding a gun The Attorney-General argues that if there all oases that bore on the point. Having a lascar. After hearing the evidence of Staff-ar penalties the jury must assess the real sald this much, his Lordship proceeded to regretful of the occurrence ever since, and Surgeon Pollock and inspector Lindsay, the damages, and that they have not done so give judgment on the point of faw reserved that for the last two months, he had not
that no evidence or damage. was given be- defendant, who had nothing to say in defence,yond the plaintiff's expenses and the wages about to express on the points raised in
We entirely concur in the decision I am had sleep for more than three hours a night ever since the committal of the case for trial. was committed for trial.
of the Captain and Mr Scholiaus, and other this case. We have fally considered the time he had come before any Court, and The 2nd prisoner said this was the first- small out-golugs. There were, no doubt authorities, but do not think it necessary had been only on this Coast for four to discuss them now. Our decision has all estimated, and something besider.
months. He had a family and an aged way in which the damages were claimed in the form of the information, whatever might month this trial had been going on he had valled attention at the trial
the vague been come to without any doubt. 1. As to mother to support; and during the two the petition. They were claimed alther as possibly have been said soon after the form liquidated damages--and if I could have so decided no evidence would have been was given by Ordinance, this Court is now not been able to send any money home for too far bound by the cursus curie by re their support. He hoped the Court would In passing sentence on the prisoners, required, as the parties would have assessed posted practice and precedent to vary from give consideration to his case. damages for themselves beforehand or
no doubt that the object of the legislation, been found guilty of manslaughter in -a wise legislation was to get rid of quidated damages, and ovidence would be required and the Jary would have to say absurd technicalities in criminal pleading causing the death of two men by neglect of the amount as is the case when the as it had been, and to substitute for them thier duty, and the neglect was of such a nature that it amounted to culpable stipulated sum is a penalty. Particulars the simplest possible form. This was no bad. Rot been demanded owing to the burred way in which the trial hardship to the defendant since he is em-glest, for which they were liable, and powered by the same Ordinance which the verdict of the Jury was a perfectly just
The Chinese Consulate, No. 164, will be was brought on. Perhaps 1 ought to have shortens the form to obtain the fullest one. As to the 1st prisoner he undertook asked the jury to assess damagon under particulars which the Judge may think him to do a certain duty, and his Lordship quite opened for the transaction of public business eBob particular head. The plaintifs claimed $12,000 damages for breach of contract with entitled to, probably far more minute agreed with the statement of ono of the on the 23rd inst. The members of the particulars than had been necessary in witnesses that there was no division of Chinese Guild intend meeting this evening regard to the construction of the steamship the old form of indictment in Eng responsibility. The prisoner was bound to for the purpose of devising means for
land. I am quite sure
that in this show ha boat skill and care to detect any celebrating the occasion. Pacif. These are the very words in which the claim is set out. On referring to the are Mr Francis and his allont in fact defect caused even by chemical or mech
(Japan Timer.) short-hand writers' notes of the summing knew precisely what charge he had to meet, anical action. But he did not try to find up.I find that every point in the claim for though it was quite open to him in form to out for himself but waited for a report
from the 2nd and 3rd engineers, with The Taukuba-Kan, Japanese-man-of-war, damage was put to the jury. They were object that he did not know. If he did whom he was not on speaking terms. As formerly H.MS. Matacoa, loft on Thursday told that they might allow the whole or not know, the law provided him with means
How Liverpool bae managed to come to
That penalties referred to time only. The to ask for it. 2. As to the second point we duty in not reporting the state of the bollez erew. She will make a great sensation in this conclusion, it is certainly difficult to
jury wore then invited to assess damages have no doubt that fa o passenger ship the to the Jet prisoner he satisfied binself the, Colomies, where the commissions who fox deviation from Lloyds' rules if they engineers, each according to his duties, bad a with only having a conversation with the lately visited Australia on the occasion understand, as the Chamber there was fully disturbance, so defendant pushed her away thought fit, for defects in construction andlegal duty to both passengers and crew, the 2nd engineer, and if he had only made the of the Malbourne Exhibition were so well posted up as to the bearing of the Lekin
in other ways. That they took the whole neglect of which rendered him oriminally matter known to the Captain half an hour received. At the same time left the Seiki dues clause; and to the generally unsa
question into consideration is clear, as they liable, and that his not reporting the defects before the ship arrived, he might have Kan, another native man-of-war, on a tisfactory naturs of the provisions it con-
disallowed a claim for deficiency in speed he admitted he know were in the boilor to commended both prisoners to mergy, and is a 3rd rate, of 1,033 tons, and carries 12 avorted the accident, The Jury had re-similar errand to Europe. The Tsukuba Kan taine. It is possible their notion may be in
which they thought might be set to rights;
the Chief Engineer was, as to King, up to this recommendation, together with their guns. Her commander is named Matsumura. part accounted for by the fact that Sir
but they, I baliave, in forming an estimate, the moment of the explosion, a culpable own statements, and the remarks made The Seiki-Kan is a smaller vessel; of the Thoe. Wade has been in Liverpool, where
took in consideration the faults of the neglect of daty and a misdemeanour. 3 he has been holding forth upon Chinese
(Before the Fall Court.)
As to the third objection it is true that the on their behalf by their counsel, had 4th rate, 850 tons, and carrying & guns only. education. No doubt bla explanations HERNIHCIM Y. FORBES (RXECUTOR OF THE propeller, which some of the most ex- perlanced witnesses thought must be rs.
error in judgment of the 2nd engineer in bean considered, and the conclusion the She is commanded by Capt. 1. Inouye. would seem plausible enough to those
The Court now delivered fudgment in placed by a new one with a better pitob. creating an excess of pressure was one of Court came to was that, although their Both vessels are sorew propellers. unacquainted with the true bearing of the
not one calling for heavy I have no doubt that I ought to have taken the apparent causes of the deaths but it was matter, and it would not be surprising that this case, the Liverpool Chamber should have been Mr Justice Snowden-The Attorney. the seserament of the jury on every item of
over. The lat prisoner's case was some- Lufluenced by so high an authority. I General moved in this suit in pursuance of damage, but we had no particulars and it also a present cause of death that the 3rd Punishment, still it could not be passed
legal ob- understand, however, that there is every leave reserved to enter the vexdlet for the did not occur to me to do so.. The jury engineer, Mr Francia' cilent, belog up to the what different to the End, as he was paid a larger salary for higher skill, and probability that Manchester will take a defendant on the grounds set out in the returned a general verdiot, assessing the moment of the explosion under different view and Edinburgh and Bradford motion. The first point taken was that extras damages in a lump sum, How we are togation to report to the Chief Engineer, did some distinction would have to be made, OPIUM—Now Patra, cash........5685 a 690
he even on entering the harbour had 20 not necessary to pass a heavy sentence, but against the ratification. The likelihood I delay was due in some measure to that cannot tell how much they allowed informed the Chief Engineer, it must be ho hoped this would be a warning to others, have already pronounced their opinions having been ordered and executed the apportion them now I do not know. I not vor port, he was trionally liable. If But as his Lordship had said before, It was should think fe whatever farther opinione cause. In the words of the answer "the for demurrage, as they term it, and may be expressed that the Government will delay was due to the extra work required how much for shortcomings in structure. Presumed that dus caution would have been and that any persons guilty of similar no. ratify the Convention, but will lastst upon to bo performed as mentioned in par. 3 of 1 am sorry to say that the paper on which 4 Me Francis objected lastly that this glect in future would not get off so easily. Home modifications in it. To throw it over the answer." In point of fact there were their verdict was returned has been mischarge to the Jury the learned Judge did months' and three months' imprisonment altogether after it has been so long in only two extra plecss of work to which the laid. I speak from recollection principally not so sufficiently distinguish between respectively, without hard labour, to com- suspense would be a rather strong measure, ataternent could spply, the faise keel and Under these circumstances, are the damages negligenes possibly morally blameable but menoo from the 10th inet, the date of tho but it will be impossible to ignore the raising the metal. For the nondelivery of awarded scaled for sad dught a new not criminal and criminal negligenos, Iam first sitting of the Special Sossions. views of the Government on the Opium the ship at the time stipulated damages, of the Court is called for, and ought a new clearly of opinion that this distinction question, and it is not likely that the called in legal phraseology liquidated, were trial to be granted or the damages reduced was as fully taken as was propar in the (Before the Chief Justice, Sir JOHN SKALE.) Government hers will fall to see to what an claimed. It is the duty of the judge to I cannot say that I am dissatisfied with the Judge's charge to the Jury. It may be extent the revenue will be jeopardised decide from the intention of the parties amount of damages given, although perhaps that the learned Counsel influenced by his
Regina v. Julius Meyer and Yeung Afat. should the Convention be ratified in its whether a sum stipulated to be paid on the led the trial been before me without a jury zeal for his client might have thought more I might have given somewhat less. But I emphatic expressions preferable. I can. present shape. It is to be feared however, breach of a covenant is to be treated as a
The prisoners were indlated on several with continental politics in so doubtful and penalty or as liquidated damages. It seemed have much greater confidence in the experi- only say that if addressing the Jury with dangerous state as they are at present, to me that this sum, $40 a day, was fixed noe and knowledge of the jury in these all the facts which are before me now as the counts for stealing and receiving a quantity and with the possibility of this country upon only to compel the delivery of the matters than la my own powers of formleg Judge did, I should not have drawn the of black and red peas and beant, the pro- becoming involved in a war, Government ship on the day named, and not upon any a sound opinion upon them, and I think distinction in language, more explicit than perty of Captain Peter Wm. Vorrath, mas
time was not strictly observed. Upon calenlation apparently of the various sie- fully understood and accopted the distino. on the 20th January 1878.
The following Jury was empanelled:-Documentary, 6monthe sight,... 8/114 The manner in which the last China loan farther consideration I still think this was ments from which the claims for damagestion is clear from their return after they was taken up here is interesting. That in the nature of a penalty. Is the plaintiff arose, should not be disturbed except as had retired and by their showing that this Messrs D. MaoFit, D. B. Grant, E. F. Bombay, demand Eupess, the security for it is good, those who know prevented from recovering the penalties regards the item for $684 for insurance, precise distinction was pressing anxiously Alford, EI. Q. Bailie, Wm. Wheeler, Frits Calcutta, all the ins and outs of matters in China are agreed upon by reason of the ordering and which, although the item was not proved at on their mind when they asked if to find Rapp and D. MaxAllister.
Mr Hayllar, Q.0., instructed by the Aware; but the public here could not be having executed these two extras? The the trial, saunot fairly be cast on the the prisoners guilty they must find culpable
Crown Solicitor, Mr Sharp, officiated for aware of the fact and were wrongly warned evidence shows that they were ordered and builder. If this item is conceded the negligence is Lordship answer was em by all the daily papers from the Times par ly begun in May and finished in July, verdict must stand.
Me Hayllar sald that of course they would phatically "Yes" He then gave the best the Attorney General,
possible direction by quoting to them the
Mr J. J. Franels, Instructed by Mr Brare dowaward that this was not clear. Not but it was also shown that the fact that withstanding this subscriptions came in the engines were not ready was the reason rather concede that point than have a new words of Lord Chief Justice Denman in top, defended the prisoners.
Regina e Spende, 1 Coz. C. O. 862, as given From Mr Hayllar's opening address, it hard and fast, and it is evident that even why the work of the ship generally was not trial,
The Chief Justice-I wish in this case in Russell on Crimes, p. 879; a more suitable appeared that the lat prisoner was the Chief a much larger sum could have been eally pressed forward. The jury allowed ten obtained. It seems evident, therefore, days as ample time for performing these emphatically to express my opinion, son- answer to the enquiry of the Jury could floor of the Blamere barque Theom Kra. mom, and the 2nd prisoner was the stove. that the name of a Government loan bas extras. It cannot in any sense be said that earring with Mr Jastics Snowden, that the not, as it seems to me, have been given.
Haring thus disposed of all the odore employed in discharging the cargo. still great attractions oven after all past these extras prevented the ship being ready forfeiture for any non-completion of the experience. That the investors have as to be delivered on May 8th. The learned work within a specified time was a penalty, fections, the verdiet of gulity stands The lat was charged with stealing and the Hongkong Bank, 6 % prom,t aidentally come in for a good thing, is oor Attorney General contends that if there and not settled, ascertained, and liquidated against this defendant as well as against dud with receiving. The barque came from Union Las, Boalety or Unston, $1,800 tainly due more to good fortune than to extras wore even ordered before the day damages, and that the penalty was not Mr Barnard Hofore this trial came on, Chefco with a cargo of peas and beaus, Ohina Traders Ins. Co., $2,400 prudence.
Bized further sompletion of the contract recoverable for the breach of the condition, I felt that its importance was so great On the 20th January & Chinese Corporal Chineas Insurance Co., $£65 It seems evident that Japan intends to penalties do not attache I do not so read but that the plaintiff was entitled only to that according to practies in England named Poon Aeing who was on detective Yanglase Ins Assoc., Tiki: 610 ask for an ingrance of the tariff duties as the law on the subject. The principle as have actual damages incurred by him re and elsewhere it was my duty as Chief business at Wanchal, saw a number of North Ching Ins. Co., Tle. 860- agreed to by Treaty A lecture was a short stated in Comyns Digest is this: The couped to him under this clause. If the Judge to preside at 1 I looked care bags being taken from a stone boat to K. Fire Ins. Co., $695 time back delivered by the Secretary of the performance of a contract shall be excused only damage to the plaintiff had been the fully into the case and read much in re No. 9 Wanchat Road. This excited his China Fire Ins. Co., 188 1 egation here which practically amounted by the obstruction of the obligee. The non-completion within the time, I should ference to it, and. I felt that it was one re- suspicion and he reported the matter to H.K. W. Dook Co., 0% dis. to an advocacy of this measure. It may be proposition is stated in Addison on Contracts have looked with great susptolon on a quiring more than ordinary care in ita cone Sergeant Grant. Both then went to the boat. O. & M. B.-boat Co., 13% du. worth while, however, noticing that Japan p. 67, in he following way: "If performance verdiet giving damages apparently calculat dust by the Judge and Counsel I very when they saw a number of bags of beans Shanghat Bleati Navigation, Tia, 28- teas are not excluded from this market by by the time specified has been prevented by ed at the rats per diem of the penalty; but relictantly asked my brother Judge to take and peas lying about. They then went to Hongkong Gas Co., $75 high duties they are simply unsulted to the ordering of extes works or by the inter. Mr. Justice Snowden states that various it, but want of health disabled me and he No. 9 Wanchai Road. The Sad prisoner Hongkong Hotel Co., 107... the tastes of the public, so that there is not ference of the employer or his agent, the other damages besides arising out of time cheerfully presided. I never read the reproduced a paper, which was a request to Chinese perial Loan $104.10.
Day 1877, 8103 much reason for cumplaint on this score, claim to penalties cannot be enforced." were proved to have accrued to the plain port of a case with greater respect for the the police to pass du bage of peas. It was The Japanese are certainly not to be blamed Holins and Clupy B M and W. 887 comes tif and that these were taken into conduct of it by Judge and all the Counsel. not signed but was in the 1st prisoner a
Temperature. for over modesty. They think that, having exactly within the terms of the principle consideration by the Jury. I am of From a popular point of view words to hand-writing. The and prisoner at filent adopted European customs to some little sa stated in Compas' Digest. The plaintife, opinion that is was competent for the a like efeos have been used; and now said he got it from the 1st prisoner) (Taken at Moura Pelzener di On,'s Premia extent, they are now fully on sa equality who were bailders, were kept out of poses. Jury to have taken these damages into con- speaking as a Lawyer I donear in what for $80, but this he afterwards denied, with all other nations, and they are evi-ion of the land on which they had to build sideration, the presiding judge thinks that has been said by one of the onlooking and said it was given him by the dently determined not to lose any opportu- for four weeks by default of the defendants, these were so taken into consideration, public that "the Judge's summing up wast prisoner, being aweepings of the nity of asserting their independence. Your and were detained one week more in the and that they formed items making up the a model of judicial fairness." I note that hold. The main question was whether this readers who are used to see the Japs at hate way by the fault of their own men total which the jury included in the sutu the verdict is that of a majority, but by our property was feloniously stolen or not; and home" or in China would be amused to and four weeks by default of masons em- which they gave as their verdict, as their law that verdict must be accepted by the as to the Sad prisoner, he was found in meet them here, and note the way in which played by the defendants Bo that out of setimate of the actual loss to the plaintiff. Court as the verdict, the truth in very deed recent possession, and the burden of proof
Hittle Boulaing hins made them come out. four and a half months, the time atipulated The learned judge says that he is not to gullt er innocense, unless the Court lay with him, i
After evidence was called, the Jury re They are of course potted and fistber d to for the performance of the contract, two dissatisfied with that verdict; be thinks should feel so dicentisfied with it upon the some degree as interesting foreigners, and mouths were taken up by default of the that the jury were most competent to give point being raised, which most properly in turned a unanimous verdict of not guilty, they seem to imaging that this is all due to defendants who claimed the penalty In & proper verdict, and, although he might this case was Bot raised, that it was against and in discharging the prisoners his Lord. thelp Importance rather than to the fact Russell v. Da Sa Bandeira, 32 L., C. P. not have assessed the damages at quite so evidence, and in that ease and in that way ship gave them a caution sa to their future they are looked upon somewhat in the light 510, a large share of the delay was cased large an amount, he thinks it probable that only, was it possible to agrest a doubt a solidnot
The Ecasions Were then adjourned tim of curiositions bearing the some relation by the interference of the defendants of the jury would be more competent to come to the entire accuracy of the decision of the
bation on lỳ 1e ordinary proplo in fast on their own out, tholy agent, and the fare came within to an accusato appeltaten than a judgedury,
The prisoners were then sent to four
Jan. 29, 1878,
#
credit, 710
Allowance Taels, 8 a 16 Old Malwa, cash,
SALAPETRE,
"
credit, 715
Allowance
Teels,
QUICKSILVER,
M
Ka
64,50 6.50a6.50
Exchange,
3/101 *** 3/100 .... 8/11
· 3/114
Bank, on demand,
30 days' night,
" 6 months' night, se
will be disposed to make short work caloniation of loss to the plaintiff if the that their verdict, arrived at upon a careful those which were used. That the Jury ter of the Siamese barque Theom Kramom, Oredita, 11
with treaties with China.
***
ti.
.***
Shanghal, demand,
30 days'... Bar Silver, 17, deta. B Sykes, Mexicandy «i» Gold Leaf, Ergilah Sovereigns, Australian Sovereigns, Discount, ...
D
Bbaren.
... 284.
en 22
724 ... 10 ....9
126,05 San 5.04 25.06
6 to 8
... 1 psa yule
Queen's Road.) Honorowe, January 29, 1878. BAROMETER 9.
-Do.
Do,
Do.
∙1 T. Mui
4 1.M...
++
80.188 *** 80.090 80.000
+5+
00
1 £ 4
B2 ***
THERMOMENTENG AM.24
Doy Do. (Wet bulb) 9 a.x, Do. Do. 1.r. Do. Do. 4 P.K Do. Maximum Do, Minimumover night