Won
and noting of Miss B. Dracger as the "Gipsy Queen" was very effective, and deserving of special note. The same cannot, however, be said of her singing. Mr Paddon made an excellent "Devilshoof" in appearance, and bis aeting was, as a whole, very goed for an ameteur, but this performer has one or two peculiarities on the stage, which appeared to afford special amusement to some of the members of the audience. Miss A. Draeger was not very successful ar **Florestain." Taken as a whole the opora was rather feebly performed; in fact it did not appear to have been sufficiently rehearsed. To-morrow night the Company reproduce the popular Opera of "Maritans," with its charming melodies. This and Satanells" are the two best performandos of the Company,
JUSTIOR.
SUPREME COURT, (Before the Full Court.) Sch Nov., 1878.
THE CHINA MAIL.
I
thirty-one bankruptcies, some of which were of very large amounts, and affected persons in all parts of the world. Indeed, it is shown that for years Lyall, many persons at great distances could not stil's estate could not be wound up sa su have their claims proved. It seems to me, therefore, that while these bankruptcles were not wound up, and whilst the prisoner assumed the duties of official assigneo in
1 my duty, however relustantly, to state the grounds of my opinion. From what I have said, it follows that I think the verdict in the first and second counis sustainable, and as to the other counts I think there was quite enough evidence to justify the con clusion of the fury.
The Acting Chief Justice then said that the two best counts were thus quashed, but that the conviction on the other three must stand. Addressing Mr Francis he said he understood that the prisoner wished to file affidavite. Mr Francia having repiled in the affirmative and said that they would be ready by Monday, the case was adjourned until Monday at past 10 o'clock, when the prisoner will be sentenced.
Orown Solicitor, appeared for the prosecn- The Attorney General, instructed by the tion; and Mr J, J. Francis, instructed by Mr Dennys, for the defende.
Ohina.
FOOCHOW.
(Herald, Oct. 31st.) Through the courtesy of the Tartar General the Race Club are, we are glad to state, again in a position to organise a mesting, Training Pillion to organisa that the acquisition, by purchase of a commence shortly; but it is to be regretted
unaccomplished fact
I
I
behind you lay your head
No I'm at then:
come in hosts, and no man boasts His flesh I ating while others sing
Ho feels but one probosain;
He enaps, he flaps, he slaps and claps,
And watch the stinging proces But vain is all his pursing; By spank on flank or cranky yank
His fate he's not reversing,
bite you on the nose, and then My goggle-eyes they stick out;
Your angry legs you kick out. You burn, you ture, you duru, nor learn
That while you, thus are kicking A dezen of us rettle down
And glad begin our pricking. Oh, hark! Oh, hear! how thin and clear At early morn your horn, my friend,
My ella horn is blowing; Will slurmingly be glowing. I innch, I munch, I punch, I orunch,
I fly up to the ceiling;
Quotations.
HONGKONG, November 8, 1878. OPIUM-Now Patua, cnah....4565
credit,
Old Patne, cash.... 656)
oredit,
New Benaro, cash, 687
credit,
>
Old Benares, cash, 537.
11
credit,
New Malwa, dania, 775 a 780
11
"
31
Allowance
aredit, 780 a 785
Tucis, 16 a 89
Old Malwa, cab, -**
19
orodit
Allowance Tocin, -
Exchange,
Bank, on demand,
Crodita,
30 days' sight, 6 months' sight,
3/78
8/9
Documentary, 6 months' sight, 30 Bombay, demand Kopeos,"
Calcutta,
Shanghal, demand,
228
223 721
109 nom. 109
27.70
English Sovereigns, ... Australian Sovereigns,
5.88
5.88
80 days', -Bar Silver, 17 dwts. B., Sycee, ... Mexicans, Gold Losf, 90 five
*10
M
***
Shares.
No. 4789-NOVEMBER 8, 1878.]
his splendid rendering of the song "Then between the different officers was not be bold that he was in the public services concisely as I can the reasons for my view. Governor to appoint some person other
MOSQUITO BONG. you'll remember me," but it was obvious Imported. Into the detalls of the Act of of Her Majesty ? Moreover, was the money In the first place I think I am right in say- than the Registrar when expedient as I come from haunts in marshy land, that this popular artiste was not in his necessary to enter. I will only say that contains no allegation to that effect, and I hears on the subject of frauds by official the prisoner was appointed under that I buzz and sing with sprightly ping
1861 and the Ordinance of 1864 it is un, embezzled fl. L's property. The counting that there is no dealded case which official assignee. As I have already stated,
I make a sudden sally, nsual form, of least at the commenes- the duties of the official assignee are oare-think that had the objection been taken assignees, and that the decision in this case Ordinance by the Governor in the end
Through thoroughfare and alley. ment the performance. As "Count Arnfully inld down in the English Act, In before verdict it would have been fatal. most proceed upon principle, The first of 1867. Ho had in all cases where My merry play is not for day,
aar Ordinauce Soots. 7, 60, 60, 71, 82, 83, After verdiet, as the information followe count in the information charges the he acted the same powers, rights, duties, heim" Mr Phillips as "Count Arnheim".
I'm sticking to the wall then, 59, 96, and 97, show the official Besigned the words of the Ordinance, any omissión prisoner with embezzlement while in and obligations which the official assignee scarcely sustained the good opinions. He is entirely ander the direction of the Judge is cured by 7 G. 4. o. 64, 8, 21; Reg. v. the public service of Her Majesty un- has under the principal ordinance, and he bas slready
for himself, As of the Court in every sut he performs. Goldsmith L.B. 2 C.C.B. p. 78-and so the der 67th section of the Larceny Or noted i
The multifarious duties connected with Count stands. But that does not in any dinance, and the second count with frau- the gentleman with "The Heart bowed the management of bankrupt estates need way relieve the prosecution from the obligadalently applying to his own use moneys down," it was no doubt his business not be described at length. If he was tion of proving the ownership. By the which were in his hands for a public pur to more about as sadly and unobtrusively appointed by the Governor it war of the rather out of necessity, in every case of 31 bankruptcies, having been appointed by Ordinance, for the sake of convenience, or pose. The prisoner was official assigns in opinion in derogation of the powers as possiblo, but a little more manliness in Chief Justice, to whom by the Ordin- larceny, embezzlement, or fraudulent appli- the Governor under ordinance 16 of 1867, his representation would have effected a fance 5 of 1864 all previous powers and eation of money &o., it shall be lawful in The jury found him guilty of the cabezzle
privileges had been reserved. He was the information to lay the property of any ment subject to the question of whether he wonderful improvement. The "mako upitable to disfasai by the vote of a majority alternative given of laying the property in case stated by the learned judge. Before them, he was as much a public officer, My legs down dangle in the air,
such money in Her Majesty. There is the was in the public service as appears by the of the creditors in number, and in value or for misconduct by the Chief Justin Her Majesty, if the circumstances suit. prisoner, I may notice the fact brought out servant, according to Her Majesty's rogu a to the person to whom it in fact belongs, or examining the point as to the status of the which I consider the equivalent of public whom the Supreme Court re-constitution Act, 12 of 1878, restored, I am inclined to Here the property might have been laid in at the argument, that the information did tons for the Colonial service, as the official thick, the fall powers of the Lord Chan- the creditors of the Bankrupt estates. That not lay the property stolen in the Queen's assignee under Ordinance 5 of 1884. But cellor, who by the English Act of 1861 however must have failed, because the de- name; no objection was taken to the non- let us look at the Interpretation Ordinance could remove the offelei alguses by order fendant was their Trusice and the legal averment, and the count followed the statute 1 of 1867, seo. Ill., which enacts"When upon cause being, shown; having had by a
interest was vested in him. The alternative and is cured by verdist 7 Geo, 4 cap. 64 seo. reference is made in any ordinance or previons Act 5 and 6, Viot, ah. 122, 890. o. for the same reason in point of proof. The think we are quite agreed that if it were the term designa ing his office such term ownership is in Her Majesty, which must fail 21-Regina v. Goldsmith L. R. 2 0, 0, R, rule of court to any public officer by defendant as official nas guee was paid by a real foot is that the defendant was otherwise maintainable the evidence to auf shall include the offiour for the timo the power to dismiss them at pleasure. The commission of 5 per cent, out of the estate, Trusted and as such cannot be liable under talent to support the embezzlement counts, being executing the duties of auoir office, not by salary from the Colonial funds. Sec. 57 for embezzling money of which Regina. Moab, 25 L. J. M. Q., and other and ach other officer as may from he was to all intents and purposes the cases. The first point in the case is, whe- time to time be appointed to undertake have great doubt whether the offcial assig. public service of H. M. within the meaning On this ground the 2nd count fails also. the public service, and again, it he is, whe ends to the term trustue" in the larceny To howla or growls er tow'le these bowls neen in England could be held to be in the legal owner. Lowin on Trusts, p. 68, Ed. 4.ther the off ial assigned in this Colony is in any portion of such duties" With refer- of the 70th sect. of 24 and 25 Vict, which This brings us to the three last of the frau-ther the prisoner is in the public service in ordinance interpretation clauss, it doubtless Of mine are void of feeling.. is the saunterpart of seat. 57 of the Larceny dulent Trustee counts in the information. the limited sense in which he was official ns- includes assignes," and when connected Ord. 7, 1865 and but for the dual nature Under these the ease is very different. This signes. The Bankruptcy Ordinance of 1864 with the definition clause in the Bankruptez-N: Y. World. of his appointment, which might possibly law was passed no doubt to meet the case of appoints the Registrar of the Supreme Oralinanss includes "official assignee." But inake a difference, I should say the same of Trustees created by an expressed trust as Court official assignse (section 7). The it does not follow, as I think, that because the general official assignee the Registrar well as trustees by implication of law. The same Ordinance ananta that the Chief "official assignee" oan come within the quet official assignee. When we fud the interpretation clause includes within the Justice shall be the judge in bankruptcy, trustee section, that he is therefore not a datis this office spoolally limited, can
term "Trustees under express trusts Assignees The 64th and following sections point out public servant and cannot come within the 67ch section of the larceny ordinance and the holder with any accuracy of language in Bankruptcy. Now the language of the the duties and functions of the official as- be held to be a public servanti I cannot Fraudulent Trustee Clause, Section 65 of ignée, which are shortly to take possession as anob cannot be proceeded against for the "CORRESPONDENCE.
but think that some confusion of thought has the Ordinance of 1860, is very wide. It of the bankrupt's property, pay money into graver offence. *Assigno»," too, admits arisen concerning the terms "public officer" says whoever being a Trustee (Assignee the Banka ordered by the judge, and discreditor's assignee. As I have already futi- To the Editor of the "CHINA Mail." and “persons in the public service" These included) of any property for the use and pore of it "not otherwise than in the mated, it has made mo hesitate a good deal Hongkong, Nov. 8, 1878. terms, are by no means co-extensive-the benefit of some other person etc. with intent execution of his duty an official assignee knowing the opinions held by my learned SIB-How is it we never see our worthy term public officers including many besides to defraud convert or appropriate the same and under the order of the Court," The colleague on this question, but I have felt Surveyor General driving about in a Pony the in the public service. The case of or any part thereof, to or for his own use official assignes has up till within the last Trap? If this were the case he would and Reginas. Brembridge reported in Vol. 22 shall be guilty of a misdemeanour, oto. Mir three years been paid by fees from the out the weak points in the Road, instead of the Stato Trials in full of instruction on Franois with much skill tried to confine the estates, fixed by a statutory rule of Court of leaving it to others to pick holes in his the liabilities of public officere The liability to the level of cases decided under at 6 por cont. Ho la a necessary officer in style of supervision. He draws $40 per principle laid down by Lord Mansfeld in the Embezzlement Section of the Ordinance. the administration of public law. He is month for Horse allowance; how does howhere there is a breach of trust, a-fraud, He argued that proof must be given of the appointed directly by a legislative sot to a spend it ?
or an imposition in s subject concerning actual appropriation of some specifio sum to post which is one of trust; confidence, and Yours faithfully,
the publio which as between subject and
the defendant's own use, exclusive of any of emolument, and certainly, as it seems to subject would only be actionable by a sivil the other methods mentioned in the Section.me, concerns the public very materially, action, pet as concerns the king and thẻ How can it be proved that an Assignee has It seems to me that up to this point he is public (I use them, he aaye) as synonymous lost or burnt bank notes, or that he has as much a public servant as is the judge of terms, it is indictable." Loe, the Attorney appropriated money to the use of some other bankruptcy. It is objected, however, that General says wherever a man's business person. The two first propositions would be the nature of the duties performed by the has a public aspect (Brambridge was no-
matter of defence, if accident could be official assignee is such that he cannot be The Queen T. Hufam.
countant in the office of the paymaster of shown. The third could not be set up, as a called a public servant, and it is urged that the forces), and an improper conduct in it man is not allowed to excuse himself on the great test in control that the official EMBEZLIMENT, The prisonor in this case, as is well known, injaren not A., B. or U. but the community charge of one offence, by setting up that amiguse taken no orders from the Govern Was Deputy Registrar of the Supreme in general, that by itself is indictable at muld not be the duty of the prosecution and the Court only. It is also argued that he committed another. But it certainly ment, and that he has to obey the Court The offence is, it in said, Court and official assignes in the bankrups's common law.”
office ifto disprove these grounds of defence by the funds which come to his hands are the estato of Lyall still & Co., and he was acting contrary to the duties of gharged with embezzling $50,000. There it be public one, and Lord Mansfield showing an setual dealing with the money property of the areditors and only collected were five counts in the indictment, on each adda "that the rule holds equally by whom rendering such a disposition impossible to be distributed amongst them and can in of which the jury found the prisoner guilty, over or howsoever he (the delinquent) Tais contention however, that some specific no sense be said to be under his control as sum must be shown to have been embezzled, an officer in the Queen's servico. The Several points of law were, however, reservis appointed. Now the cases shew that ed, which were argued at great length last Mayors, Justices of the Peace-persour ap. is not maintainable oven in charges of em Registrar of the Supreme Court receives. Baturday before the full court. Their Lord pointed to perform nome duty under an bezzlement as a clerk or servant. The cases money paid into Court, to be paid out ships now delivered the following judgments. Act of Parliament (Lehoup's case), all of B. v. Grove 26 L.J.M.C, 66, R. v. Lambert again to suitors. In no sense it may bo persons easily recognized as being in the Cox 309, R. e. Lister D. &B. 118, are all au said ean that money belong to Her Majesty, The Acting Chief Justice said
Thinking it desirable that this case public service, ex. gr. accountants in Go-thorities that receipt of an aggregate amount and the same argument would apply that should have the most thorough investiga. vernment offers, the customs and ravenne being proved (us by the prisoner charging consequently the Begistrar is not a public tion, I reserved at the trial for further dis officers come under the category of the what sum or same he has actually-en-for suitors and to be distributed amongst himself with it) it is not necessary to prove out,Although the money was received cussion, the various questions set out in the officers," and all such public officers as the case stated, and I now deal with them, porta show, have been held at one time bezzled. The offence of embezzlement is them, in a case of embezzlement the money | Course on Nantai should continge to be an with the exception of the points raised as or another responsible to the Crown for committed by the formation in a man's mind would clearly be laid as the property of to the validity of the defendant's appoint misconduct in the discharge of their dution of a fraudulent intention with respect to Her Majesty, Oan it be contended that ment and the non-initiation of proceedings If Ufficial Assignees come under this rule, monies which have come into his hands by the Registrar of the Supreme Court who re- by the aggrieved parties, which were over which Lord Mansfeld says is as old as the virtue of his employment as clerk or servant. seives such money and pays it out to sul ruled at the hearing of the argument; Constitution, and if they are in the public The outward signs or evidence are, not ac- tora according to the orders of the Court is the tax will, we fear, be farmed by an Having now beard the very able arguments service of the Queen, it in singuler is no difficulty has arisen from the technical nature the public service? Are those moneys not counting, absconding, not paying over. The not performing a duty to the public and for urged by the learned Attorney General in far as my investigation goes, there is no support of the convictions under the different instance to be found in the reports of an of the offance, which is a species of larceny received by him for a public purpose? Bl- counts, and by Mr Francis on behalf of the Official Assignes having been indicted as where the taking of some specific thing must milarly the reception and division of the prisoner the other way, I have come to the public officer, or (s being in the public bproved, I adopt the fanguage of Erie effects of a bankrupt's estate is for a pablean Iuperial commission to arrange the Wa that the convictions under the two first form of misconduct. It is true the office constant failure of Justice it I were to de- ble, whose duty it is to take charge of a pri- thero may be, somewhat more chahoo of a (Taken at Messra Falconer & Cola Premises, Ponclusion, after very careful consideration, service), for embezz ement, or any other D. J. in R. v. Lambert, "There would be a purpose. Again, suppose a Police Consta alih-ahan dificulty. If this report is correct, of Official Assignac eo nomine was created cule otherwise, since it is impossbilo that in soner's watch and money for example at the settlement satisfactory to all parties. At right to state my reasons at length though by the Act of 1801, but some such public cases like the present, where a number of Police Station, and whore duty it also is to all events, Ting Futai la from his official defendant is charged with emb.zz.ement rupt estates bové existed from the time ofceived, to specify which sum or sums have them to his own use, could it be argued judging by his past treatment of foreign BAROMETER 9 A.M....... as briefly as possible. In the lat count the officers whose duty it was to manage Bank-different amounts of money have been re- redeliver them, frudulently appropriates rank daly qualified to negotiates and of 650,000 xcceived by him by virtue of his Henry Vill or Elizabeth, and as dolenta abundant evidence to support the convictions ble's hands for a public purpose, and that fairly then are any number of "legal ad- been embezzled." In my opinion there is that they had not come into the consta affairs--is more likely to view the matter of H. M. the Queen. The question really How does this happen? Is it that the on the Counts 3, 4 and 5, laid under the he was not guilty of larasny or embzzle visera" of the great Ho Aloy stamp, or even THERMOMETER-9 AM...... employment, he boing in tho public service Resolves itself into there two points. Isthomasty of these persons in the public fraudulent Trustee clause 65 of 7 of 1865, ment f Indeed, once it is conceded that the Anglo-Chinese in native pay, Was the defendant as ottivial assignee (not service, whether named Commissioners The receipt of a large portion of the official assignes is a public officer it fellows
Do. We bail with mach satisfaction the re- generally but of certain Bankrupt eatates), formerly or of Official Aulguess since 1861, laly Jelas 650, 1 of the sum of $1931 as a corollary that the moneys received appearance of our old friend. Waffles. The In the public service of Her Majesty. 2dly has always been of an exceptional quality; or land on last July is clearly traced to the by him in his public sapaelty are received first number contains a fow fairly good
Was the money so alioged to have been is it because officers of this kind have been defendant. None of this money has boon for a public purpose. To state it a little local bits, but in view of recent even embezzled Her Majesty's property. In the nothing more or less than Trustees by impli- converted to the use of the creditors; the last differently: the argument that the money the little Island of Ku-lang su, the con- 2nd count be le charged under the Frau cation of law, or under some express trust mentioned sum bas never been accounted for.u the hands of the official assignee belongs ductors might, we think, bave given their dalontrastes Clause of the Larceny and so the criminal law could not reach. On July 3rd uit. under. pressure the defen- to the creditors and that therefore the readers a better taste of their quality, and Ordi See, 65, with having converted to them natii first in 1857 the Act of 20 and 21dant prepared a balance sheet in the catata of offlçial assignee is not liable for erabezzle-at the same time improved the coзasion by Ore the same sua sutrusted to Viet, and thou 24 and 25 Vict. ch. 96, 800.64 der distribution amount of meat under sec. 57, I think is met by the meting out to the chaine spirits, constituting him as Trustee for a certada public pur. 66, was passed in England, and the Laros-86 849 ready for distribution amongst the fact that the section provides for laying the the outer circle of respectability at their that of that pungent creditors of certain Bankrupt estates, ad Trustees liable for criminal breaches of it in hand to distribute.. The balance person in the Queen's Service, or a police satire for which our domio contemporary London and Colonial Papers,
Trus- sheet was produced on that day at a meeting constable by virtue of his office, in Her has always been renowned. This may be conveniently dealt with when trust, and included under the term the other points under the Trusted Clause tees" Ansignees in Bankruptes both of creditors convened by a notice in the G- Majesty's name when it is very clear the It is rumoured in the City that the It is necessary to official and creditors. It was pertinently sette which he inserted himself. A meeting property really belongs to A. B. or C.--per- Provincial Government has resolved orders bear in my mind that the office the defendant remarked by Mr Frauals that if official is held. He states that about & per cent, sons who are known. But the legal estate from the Toung-li Tamén a Peking re held as Clerk of the Court was entirely distinct assignees are persons employed in the pub-divisible and fixes a day, after many delays, is vested in the official saiguse as a settle the Wu-shih-shan Affair at ong,to from the post he held as official assignee. He service of Her Majesty, they would more for sending the cheques. He does not per trustee, and therefors it is contended in accordance with the following demands He was not the public or general official properly come within the range of section form his promise.
you cannot make more of it than that of the British Chargé d'Affaires 1The Besignee in the way in which the Registrar 57 (expressly enacted to meet the case of expuses threatened, he ties to Macao of a frudulent trustee. I confess that at Missionaries to be compensated for any of the Supreme Court is under the Bank-frauds committed by that class of persons) beyond the reach of the laws of the Colony, first I thought this fatal to the embezzle loss or injury sustained by them throug ruptcy. Ordinance by virtue of his office. instead of being comprised in one general Summoned to appear before the Court of ment count, but it must be recollected the riotous proceedings of 30th August, He was appointed Official Assignee of the description with the proditors' assigness" | Bankruptoy, and hand over these very that the embezzlement and lacesny of the 2-The instigators of the riot to be estate of Lyall, Still & Co, onder an Ordin. who are simply Trustees under seat. 65,maxeys under Sect. 88 of the Bankruptoy ordinanos aze atatutable creations, and are punished as well as the actual rioters. anoe passed not for public purposes but for The fact in that they are Trustees too the Ordinance, he fails to appear, and finally he not like common law. stealing, which 103-The disputed boundaries to be arranged the special purpose of enabling the Governor Bankruptcy law both here, soet. 05, and Lu only rebels in the quitady of a Police Officer, veives a trespas. Does the vesting of the by the native authorities in goudert, with to nominate and appoint some person Kngland, having enacted that "all the par- more conching pro of 100 version, which legal estate not ownership-in the prisoner H. B. M. Consul :-The House burnt 14, Emily Chaplin, other than the Registrar of the Supreme sonal estate and effects of any person ad means nothing more nor less than applying not carry the case a step farther, inasmuch
on the 30th August to be rebuilt by the 26, Underwriter, Court to be official asiguce of (not Bank-judged a bankrupt, etc. shall become object for which he hold them as Til the as the confidence and frust thereby reposed Provincial Authorities. 81-A Proclamat supt Estates in the plural) but a Bankrupt absolutely vested in the offical or other for which he them as Trustee, were luoressed, and the duty become more tion to be issued by the Vleesoy warning Estate for the reason, as stated in the Pro. assignee for the time being for the benefit cannot imagine. The evidence of a cone imperative to dispose of the funds coming the people against any repetition of similar 16, Anale Bor,
their version is, a demand by a person authorized into his hands, and entrusted to his
18, Lorimer, amble that "direumstances occasionally of the creditors, oto, by virtus Arse which render it inexpedient that the appointment. But it is necessary further legally to make it, and a refusal, or what custody, management, or control," in the
18, Sydenham, Registras should be the official assignee as to consider what public service means, amounts to the same thing, afailure to come strictest accordance with hia alearly deflced
21, Stant, MISS ADA CAVENDISH-This popular 27, Pilgrim, the Bankruptoy because there must be, I apprehend, the ply with that demand without any sufficient duty, instead of converting them to his own provided by Section 8. Orange of 1864, se received the actual performance towards the public of some excuse. The envictions under the ard, use In Reg. 7. Graham, 32 L. T. N, S., the actress has made a most successful debut at 28, Abbey Cooper,
4th and 8th Counts must be upheld. I prisoner was indicted for emberrling moneys the Broadway Thestre, New York The 20, Sumarlide, appointment, under this ordinaries, Decem. work or labour as torvaní. Buy 1567, by au onder in the writing decided on the subject of embezzle regret the length to which my judgment has whilst in the survics of the Queen. He New York Herald, after giving a very of Sir R. MacDonnell, The day following, mont by a clerk or servant afford some fun, but I have found it difficult not im was appointed as agont by a dir Turner, elaborate critials on her first appearance December 28th, by a notice in the Hongkong analogy though an imperfect one. They possible to dustall it, so as to leave my who had the power of appointment and before an American andiones in the pharre Gabetic, he was appointed by virtue of the illustrate she subject however to a certain meaning dees. The importance to the in-dismissal under an Act of Parliament. tor of Merrick, says --So powerfal was the dame ordinance the official assignes in about extent fairly welle Mr Francis sited terests of pubila justice and to the defendant Grabam's duties wars to collect for MIr acting of Miss Cavendish in this scene that 30 other antecedent Bankruptates, As many cases to which I need tot rafer particu. of the question, involving in base of a con-Turner gertain school fees and pay them the house positively rose at hor, and sho such official assignee the defendant received larly. The principis to be deduced from lotion under the 1st gount liability to a lato the Treasury. It was objented that the was compelled to coine twice before the the money he has been anvisted of embezz them is that to create the relation of master contents of 14 years penal servitude, was so prisoner Was Me Turner's private agent, curtain. From this moment Miss Caven ling. He never noted as official assignee and mervant, the employer must have the vital, that I do not grudge the pains I have and not a public officer, but the Court of dish's success was assured, and, while her under this ordinance in any subsequent control of the time and movements and bestowed on it, in trying to doms to a sound Crown Cases Reserved held that the pri acting was full of pathos and power, the Bankruptcy. It will be useful to as duties of the employed power to engage todolution I regret that my decision does super was as much a public servant although seemned to feel that the sympathy of the Certain as far as possible what the de- and to dismiss, and the duty of remuse not meet with the concurrence of Mr Justice appointed by Mr Farner a Me Teragr audience was with her. The closing scenely Firth of Forth, fendant's position was by virtue of this rating, paying him wages for the sorricense who on a raty diffoult point of law himself. As road that cass, the only afforded scope for tenderer emotions, and ones brutight rendered. Apply this standerd to the osse formed & different opinion, as many difference between it and that of the official here the actress was both wout and patho appointment which at bin under the regulations of the Bank before us. Hallam was appointed by the lawyers might wall do. I have the consola digne fraudulently misapplying funds to. She has a modulated voice, with a Fapter Ordinance of 1864 With many Governor 1 but that Lord Mansiold days tion of feeling that if I have made a mis is the duty as to the final disposition strong English acoont, and acts with intelli differences this official amigoses under the goes for nothing i was liable to dismissal, take it is in mitigation and not in aggravae of thoas funds. In the former case the genes, and a degree of reserved force that Bankruptcy Act in England of stl in all not by the Governor, but on the application then, of the piznishment the defendant must money went to the public ferente, and will be seen to advantage in more important At London Beamore via Juss Canele
d in the letter to the creditore, and I róks than the ous assumed last night. As Important particulare would most resemble of the creditors by the judge, or for miston underge the official asignces in this Culony. The duct by the judge himself as holding the Mr Justice RussellAfter learning the think I have thorn it can make no an actress, Miss Cavendish is of high renk, duties are very similar; and frota the powers of the Lord Chancellor i he was opinions and hearing the views of the difference for the purposes of the public and the welcome given her on this her first moment of appointment both passed under under the absolute control of the Court, learned Acting Obief-Justice in this case, it service what the final disposition of the appearance in America is prophetic of the the exclusive control of the Court of Bank- and was paid out of the estate not out of is with much diffidence and considerable fund is. I have dealt with the argu-success, she will meet hereafter. We wal ruptcy. Our Bankrupter Ordinance 5 of 1864 the Treasury. Tried by this test, Ahd dogbt that I venture to express an opinion ment up to this time at concerning the come her as a decided acquisition to our is an imperfect copy of the previous Acu baying his duties and services applied, not differing from that at which he has arrived, gildial andignée finder Ordinance 8 of 1884 metropolitan boards, and hope to see the to England, especially of the Act of 1861, to the general public, but to the creditora ria, that the emberalement count will not I shall now apply it-to the present caso, lady in charactere more congenial to the Unfortunately great part which provided is. Bankruptcies to whose pealguses he lembut it has been my duty to come to a Ordinance 18 of 1887 was passed to amend refined nature that is evidently bera in real > spotum of cheeks and winter checks 754 accountable had there beep any, en 11 decision and I shall now prossed to state es Ordinance § of 1884, and to enable th9 | 160,
counts cannot be sustained. I think it
come to be considered.
were within the reach of the Common Law,
The Bates
is
Pressed, he makes
The proposed reduction of lekin duty on opium, referred to in our last iseus ll, we understand, postponed sine die. Meantime,
officials will, we presume, continue to dorive association of Cantoneso; and the smaller substantial squeezes from the levy.
On dilThat Ting Futai has received
riotous conduct,
Hongkong Bank, 73 % preco. Union Ins. Society of Canton, $1,700. China Traders' Ins. Co., $1,560 Yangtaze Ins. Assou, Tis. 720 -Chinese Insurance Co., $842)
North China Ioa. Co., Tis. 1,250 H.K. Fire Ins. Co., $900 Chioa Fire Ins. Co., $230 H.K. & W. Dock Co., $17 % preal H.K. C. & M. S.-boat Co., $14 prem. Shanghal Steam Navigation, The. 17 Ohion Coast St, Nav. Co., Tls. 98 Hongkong Gas Co., $971 Hongkong Hotel Co., $65 Chius Sugar Refining Co., $160. Chinese-Imperial-Loan, £100
Do.
of 1877, £108 Temperature
Queen's Road)
Borerore, November 8, 1878.
30.150
Do.
1 P.3L...
30.090
Do,
4 P.Maie
30.076
79
1. P.M....
75
Do.
Do. (Wot bulb) 9 A.M
Do.
4 P.M....
Do. 1 P. Do. Do. 4 P.M. 68. Do. Maximano
79
75:
89
68
Do. Minimum over night 78%
Shipping Intelligence.
The following is corrected from the latort
VESSELS TO ARRIVE. AT HONGKONG
When Name.
left.
Mar.
28, Oracle,
16, Invincible, May
U, Napler,
June
80, Bristolian (6.), Apr.
From
Liverpool Antwerp
Penarth
Cardiff
Cardiff
Fortress Monzo
Newcastle (5.5.W.) Nowonatio (.) London Antwerp Cardia
Antwerp
Hamburg
81, Chatmer,
Cardiff
Augi
1, Bury St Edmunde, Penarth
Alfredo, é, Urania, 10, Corea,
16, Friedrich, Sept
Cardiff
Penarth
London
Cardin
Cardiff
1L, Lota,
Cardiff Cardiff
10, Matchless,
18, Excelsior,
Hamburg. Aberdoan 17, James Shepherd, London
14. Diamante (x),
17, Vilarnum, · Liverpool (via C'de LOADING TON CHINA AND JAYAN FORSS.
Gleneara
Oyphrenos.
Glenlyon.
Argyll
Burmese.
At Liverpool.
Menolaus (a.)
Achilles (.)
Leoa (*,)
Alme
Patrocius (8) Cadiz (1)
A Cardiff
Greg Ard