NOW READY...
Hongkong or tå auý civilized phaco. The
BOUND VOLUMES of the TRADE RE. Prior's Consel said that he was ready to
for the year. 1870. Price $10. Apply at the Pay Preas Ôlle.
Hougkong, lit Febry. 1971.
The Daily Press
Horarono, Aril 1st, 1871.
udmit the seizure and binding of the Cap. tain. He may well admit, this, for it is he an admit Tetanyone
assuredly the
THE DAILY PRESS, SATURDAY, APRIL 1st, 1871,
LEGISLATIVE COUNCIL.
on Thursday
The Doencil resumed its sitting at 3 o'clock the mesting: estimates, for varions, is for which the Cancil's consent was required, is "passed:
* The COLONIAN STORETAST then laid before
defuconed to the opinion which evidently, ex)
dated strong the morobore of the Counpil,
Hon. Mr. Howerr obeerfed that there was
in addition tho consideration of the memorial-
follow" rosidant, which was
SUPREME COURT.
JUDGE'S OKAY.
axecuted at Macao, and we sympathize with } should be obtained "to all nums before thor EONIAL SECRETART nid that, the son to believe to be the opinion of persons en contention is that the Oriinine No. 2 of 1850 wie unauthorised and of no force in law. Th
alao'some smalt sunis required for excess in
The DoLokieL SECRETARY then vented that
The COLONIAL SECRETARY stated that the
I
the Attorney-General, however, shows that the formation, Lo melufe that the information urmat Ordinance No. 2 of 1950 is hurt ona of a vamber the, if the offjoer does not attend in person, by of Colonial Entradition Exactmonts, and a writing by himself, and that the identical though the torme of the charter of enola colony writing must be forwaniet in such way as that. ofte ice and sent out by the relatives BEFORE TRE HON. CHIEF JUSTICE SMALE out cascariniaed, I cannot refus way nating it should reach the Cuart eterining jurisdiction now lying in godown, only waiting for the In the matter of Kwok-a-sing on Habeas Corms the Hongkong charter, aul 1 cannot uke apon Now this condition was not complied with : 1 this, that some of the atleist are similar to the cave, which is the Mizante only. Look at the depositions, and he will see that exoes of the estimates for thò davront year a complation of or compliment to the Duke Immoliately after the argument upon the is contrary to law, especially considering the son made, any rogainition it all, hun 18 thut
the enpool. To say the lust, too,,] The trend the Daily Pray on this alive co- there is no question whatever that the pri- The CHIEF JUSTICE nationd that formerly of Edinburgh wet to build it after he and Tsid return to the hubcas dorpss of Kwok-al-eing, tention of the Attoring Genaral, that the back any one sech Officer did an in writing...
JUDGMENT. it would be but a
myself to deoida thut so very general » practice does not appear that any Übinese Officer øver -manent on Friday nigrarie 41 10 13, and the luat inc mengura, left. tha oftipe at 16:34,
soner before the Court helped in knocking all such sums were brought forward in the the foundation stone,
I bad ne donbé on to my decision on the main of there being valid Colonial exnotments ne to that it could be forwarde the Captain down, in battering his head, in forin of Supplemental Estimata
The CHIRY JUSTICE kod whether it was eat questions rained, but some of the points angoxtradition is recognised, if unt in terms, by the Secretary, in his letter of 3rd February, staten Tue Qolbainl The COLONIAL, SECRETARY; in reply, sisted murdering him, in throwing bis bedy over that instructions had been sent ous fruin the thin that before it was fuished the channel gested wore to me to now, and the brond que trongest implication, in 23 and 29 Vici, a. 63. that the British Consul at Cançon did board, Tha Cuix-Jeric pitice the mon Colonial Office that the aesent of the Council that estiuinton were not over much lo, be relied sushi great importanor, and my views us to
would not are $15,000 We had goen just now tions which it was my duty to consider wars of sex 18
what he had no authority" to do, what thờ THIRD POINT-Treaty of 1843 abrogated, Ohiness Officer alone and anthority, tu his foolings of humanity. We sympathiso tails of the various items, 31,064.52 would be Trustees ha repered fenders had puro ready titled to very great respect from me that has become inoporative by reason that one of Attorney General rofors to a despatch from the them were a ranch opposed to what I had therefore No. of 18.50 to Mr. Francia' thirt Therefore the whole proceding before Mr. Way were expended.” He then proceeded to give des with them thoroughly and heartily, so tho required for cost of docking the Powder Hulk to maine the work at once. roughly that we would fain ser justice done the keel of which bad bag chafed by its being Hua My, KYRIR, eaid, that at be prosent his more than anse broome unequal to the aes August, 1842, and that of the Bogne, made in tish Corsal should either be the medium of or Lave thunght over the matter till ny hunt the two Treaties, that of Nankin, made in Olonial Office in 1835, whipb atatea that a Bri- HAVING reviewed the main points suggested | in punishing the ringleador, in tho horrible moured in teo aballow water, and there were time there was a good deal of sympathy felt in custody and délnya inavoidably aroão, Moro | Ootuber, 184% that is to my, the latter tranty sanction all applications by the Chinese Oñoial by the proceedings before the Outh-Jasionkilling that took place on board the Neu- cost of gaul, expenditure repairs to the found to oppose the vote. Before, he thought the judicial mattere have intervened, so that I have Treaty of Tientsin of 28th June, 1858, whilst the British Cansal, still ipas the Colonial Sear
the watter he would not now feel dispos over, exle on my time and attention on other abrogated" by the second drticle if the making it, but that despatch does not substitute with reference to the fondition of Ewox-welle Penelope.
in conquence of the webson 1250 for the tee.ing on the part of the public had been beun often disturbed in giving entinitons at the lat Tranty. i. of Nankin, is owed turysting that Obinese Oficial. The despatch did -Asing, we have now to consider the general We cannot but consider that the ATTOR-tal for surgionl instruments purchased by lar that they would have no particu'av ahjuting; ever, esl myself justified in longer delaying tics, that there was after the trasts of the par, I thought the letter of the Uslain Beare
acliools, and sarahil som for the Lock Hospicither against the chanel, or at beat une tention to the onso uan whole. I do not, how. It is a fact of which I must take judicial aunt and could not, alter any enactment, Asala "marits of the muse, It is one of an o-MET-GENERAL was fully justified in pro- Murry. These items were admitted without hat it prezent it was generally thought that giving my decision as to the correctness of Bogus of 18, war between Great Britain and try of the 3rd of February Inat, even if test ware viously complicated nature, involving conei testing against anything of a general opponitions
Mr. Lapik had been let in
which I gun anggest to myself no ground for Chin, extending over a considerable time, aud the proper document to initiator. May's derations of the authority of the Portuguese, nature being imported into the case, the next item was a large one, namely, for the at think that any body was "I et in. Every views on the points which have arisen in and trentices force at the date of Ordinance of the charge giving jurisdiction to the ungu- The ACTING COLONIAL TREASUsk:-I do doubt. I now therefore proceed to express my that such war of itsof sospended these two proceeding, too meuge, n the only stutrigh of the French and of the Chinese, as well as tho and in refusing to sigue the hypothetical repairs to the roof the Government House. I thing was done bonafidily jurisdiction and the obligations of this Co-cases suggested to bim. By so doing white ants, ind-the lowest estiroute! for the Byrie menit to express his individual pinion great length. In the first plase I will shortly Du trenty between Great Britain and Ohics the words of the Treaty "upan proof
bad been found to be entirely eaten through big
out of the unment, and to give my Beciaion of 1950. so that for a long time, and up to the trate to prooved against this man, and The ATTORNEY-GENERAL did not think Mr on the whole case. I regret that it must be at Treaty of Tientsin of 1858, there was in offit the foundation of a preceding in which in lony. In such cases it is highly desirable to be would have given up his strong point, repairs was 313 600.0
The CHIEF JUSTICE said that in the Council state the proceedings. take as simpleview of the question as pos-which is that we have not to do with anything The CHIN-JUSTICE observed that the bus everybody was apposed to express his indivi
to which the Ordinanse No. 1950, guilt" (proof only in this Colony), this n Grant of and return to writ of habeas corpor could apply. It not be contended tent was to be given up. I desired to obtain out of sible, and to endeavour to solve the problems but the broad question whether criminal soused to be very kirge, and enquired whether dat opinion and that only
the work hid beca pot up to, zundër.
of healing-During the February cluse during that period the. Ordinance No. of the Colonial Office for several purposes the.. which it anggeats upon the plainest and act has been committed; which will give the The CoLoXIAL SECRETASY stated that thie
The subject then druppel
Vasation of the Supreme Court and its Offers, 1850 was he enld be operative, or that when the proceedings on former wondition, but for ren The COLONIAL RECESTART ehid the next Mr, Francis, as Attorries of Kwik-aging, ap trinty of the Boune of 1843 was afterwarde by ons thought scient in that Ofen the pro- brondest grounds of equity and justice, ea Chinese grounds for demanding the rendi. had been done and that the estimated anionat
rote for which he led to take the Council's couplind to me at my Chambers on the 7th of that antaal conscut and by express compact" daction was declined, I bad thought that the pecially when there are mich marked lines of tion; and are not in any way legnily con- was that given in the reps from the Sir sent was one in aid at the Seamen's Cherah, month apor an affidavit by his client, for writ gated." which confirmed its previous aitapen form enplayed by this Colonial Secretary divergence as exist between the English and cecued in the nature of the Chinese laws to stated that he bad considered the question and to hoped that the amount required totem equiring Mr. Douglas, superintendent of means not a resuscitation, but a beginning to The Colonial Soarutary might not being s
|veyor-General.' That geollémam: had... slaỞ
A sum of $5,000 bad ulready been subscribed, of habeas cop, which ganteliu the common sion by wer, that it was over renewed," which night have been, justified hy precedent. ChineseLaw. What, then, are the broad facts which he is amonable for having committed of an iron roof; but this could not be gut for finish the building mately $2,500, would be the mol, to being before us the body of Kwok nove. I read somewhere in the Parliamentary lawyer, have reas tably thought the terms of 4 Chinaning coramita what is prima facis the criminal act. If, supposing he had not less than $20,000, crime on beard a French vessel. He escapes to succeeded in escaping from Chinese territoryed what report there was showing that this pleasure in acconding the proposition, as this detention in his intra to the Writ, which was, Tudition ennetment ceased with the Treation in the procedents that each form bad bon
The ACTING COLONIAL TREASUREE e girated with equal liberality.
a-sing This Writ was, at once obeyed. M Paper 393 (1968, Beport on Exemdition, un bis lo:tor entflainnt, expecially if it were as The CHIEF JUPT did that he had great Douglas set out the button of the prisoner's opinion of one of the witnesses that each escording to precedent, and if I could have found Chinese corritory, and further escapes from the defence that he row in order to regain enormous amount was required for the rapuins was carentially useful expenditure of funds aburly, the production of the copy of iswarant in reference to which it was noted, but Ion-usually optor, it might possibly have justified China to Hongkong. When-upon Chinels, his liberty would not be good, the fact of his
The COLONIAL SECRETART then rond a letter of commitment in execution, dated the 18th of not now fad the referspoo to the passage. It is its woption in this one. I stated in Court my torritery he stood a man who had com. having get to Hongkong' cannot make it Sorvayur-General and sent in a report on the from Mr. Whitiull, staling the incovie of tho Janury, 1871, ander the band af Mr. May, first clear to me that and must-have been the inability to obtain theme, important, precedents subject. He originally thought that only Sailora Homo was now very low, and suggesting Police Magistrate, whereby reciting that a general opinion entertained us the pros from the Government Office, whereupon witted a crime either against France or becanes this would be clearly and directly $8,000 would be required; but it was found that as this was a public institution it might cominication had been received requiring per view, for it is embodied in the Ex Mr. Francie produced to me the Parliamen against the Chiness, and in either case it interfering with the independence of the der considerably over that aum'; $17,000 whe ing and license rates. Time the Coloniat, Sex Government, as an offender, against the laws order which is to be in place of an Eanct 120, relating to the Rendition and Execution" fterwards, that tenders would tot be got to relieved from the payment of police, light the prisoner's renditim on behalf of the Obicese aditi Aat of 1870, acc. 2, par.-2, titut every try Paper, House of Cuma papers (1865), No. was the duty of the Chinese to follow hina Chinese in the administration of their own the sont bras anked for.
oratury stated amounted to 2564 annually of China, by participating in the inturier of a ment to be monde ander that act shall not at Mo. Wing. On perang these papore I up and bring bitu to justice. He aludes laws, against their own sabjecha. The game The Acting COLONIAL-TREASURER couiding that the proper course would be if the portion of the crew on board the Nouralle Pane temain in force for any longet Leriod than the see at p. 7, that the present there was on them in China, and comes to Hongkong; and argument applies if it be considered the wandered that the Council ought to have a very Connen responded to the roquent, tu rate this lope; and after finding that then is one to rangement with the foreign stabs. It is information against Mo-Wing by the Acting hie rendition is demanded under Treaty shold come under French Law; and the satisfactory report before anbhorising thể ex
Renditare of such a sun,
sam, as a grant. The latter expremed' fear believe the prisoner guilt on the ship by clearly no intended that on a Treaty cessing Chinnus Governor of the Two Kwang Provinces, th, if the Home ware not supported, it wouldling the plate, and some of the prew its be in force the provisions for rendition under in form equal to, if not exceeding in length and The Frenal anthorities naky no objection funt that the same laws us to slavery are in The report was bere produced, and extracts is necessary to cluse it. to his being given up to the Chinese, in case force both in England and France does not giving details of the facts are noticed were The ACTING COLOSIAL TREASURE: oba boat belonging to the said ship, and binding always are bean the like intendment in Engliances, an indictment in an English Court of sea, and other crimes afterwards, viz, vizing it are to cease. It mema to me that there wist partieneity of time, place, crime, and circum merved that the Government had no control in Obineco Territory, the warrant stated an by a technicality, it should appear that tto alter the case, because it would be for the read from it.
The Acting OCLONAL TREASURER thought over the funds of this institition, and that it adjudication by the Magistrate that the prison as to the Ordiziance No. 2 of 1658, and that ite Hongkong. nccompanied by a long Istter of Law, and that this construction must be a opted Justice, address to the Acting Governor of grime is against Frase; technicality, it Fronch Authorities, but the Honglong it world be kutter to give the work oot to dif- ought to be self appportule. After some fur or should be committed to guol for detention, operation ceased when the Treaty of the Bogue requisition address to the Brities Comal at may be observed by the way, which it would Supreme Court, to judge whether that plea ferent thiness, the should not do a part of ither discussion, it was agreed to vite the adm pendir the rubeipt of orders from B.B. the win firet suspended and then absolutely bro-Canton, both being duly forwarded by the mo be beyond the Chinees to understand, and constituted a valid defence in this particular place of mutracting with only one to do the of $564
Liert.-Govertine da to his fiarther disposal. nted, and that it required a new Ordinance to Briüah Consulto the then Acting Governor here, The COLONIAL SECRETARY aid the next this acquiescence amounts to a claim for the case, and it cannot be denied, of course with The COLONIAL-SRUBETARY naticed that the sum naked for me by the Registrar-General, Curtiorari-On Mr. Fr noie application I, on which differed very much in detail from the precedent conßras.so far is the aly precedent
Return by Magistrate of Depositions to Writ of carry the entirely new arrangement of 163 whereon the Police Magistrate acted. Th man being made jointly by France and Chiproper respect to the Judge's opinion for reason given by the Surveyor-General. for the who requested that 8100 might be placed at his the following day, enda rip of Certiorari, Bogao treaty), ato effect, I think I must I can obtain pau do a my coriction that the na We cannot give bi to France, bat we which it must be admitted, there is con- large amoniaked wad, that the Odinese know diaposal for sending haine prostitutes.
ing the work was of Government House, asked
dressed to Mr. Mayumitting Magistrate, bere assume that the waxin celsante rahmence of such partioniarity by a Chiness can deliver him to Chiou. By allowing bim
a larger sum, alleging that they fingined they plained that in his capacity of Registrar Gene that Wist. Mr. May brought before me the plies to the Ordinance this Law. The arthis cave. This dualni in confrmeil Ly The ACTING COLONIAL TREASURER erand on the 11th of February, by his return to ions cessat ipan lem Broomes L.M. 190, pOfficial is fatal to Me. May's jurisdiction in to-go free, we shall permit the crine which
would be required to give better work therral, he was not infrequently applied to Le Minutes of proceedings in the cause to which gument of the Attorney-General seanmes afhority. In the case ut Ged, a German has been committed to remain untried and
is would be best to vote a sum, say $12,000, and aid they were kept there by compalsion and Aning (24) of Pouyu, goulie, in defendant." These 7 sim of opinion that there wore then in fact der, the Honorable U. Casting, the Attorney. than in ordinary checa. He thought perhaps assistance, by inmates of licensed brothels, who Wong Alec, barbet, ia o milunant, and Kwok there was only one treaty in existenes in 180.omn, whose rendition was claimed for mar unpunished. Considering our treaty obliga
ask the Survegur General to got the work our nake for anzuca 10. be sout home H proceedingsextonded from the 19th of Jat. until two Treatios. The first of these treaties was General for the United States, took a like otŋjec ticus to China, is it not reasonable to give
plated at that figure the criminal up? The man is no denizen
it would be a better plan to do here as ele under the Ordinace, for this purpose. He
thought that it would not be appropriate to the 7th of February last, in which, day the signed in 1842, for China by four Commissionera, tion, to the requisition in that case, an in H.E the LIEUT.-GOVERNOR said be thought nae a portion of the money which was raisel above commitment was made out.
and the second treaty was signet a year after anhelost für voguences. Forsyth, O. & O., 354. of Hongkong. We do not deprise him of
where, that is, to have a verseer, and to do isis ko iu aquae such case disbursed money him against the Prisoner. The first paragraph im Rev. Widdinan, on the French Treaty, Brny decision, which was deinyl for the resona thaeuice of proper charge on the proceedings wards by one Chinese Commissioner only. Having in Febinary lastaferarumunt reservat but prevent bis making use of the Colony to justifiable not either according to English The ATTORNEY GENERAL Considered this tore biur ask for $200 for that
nediately following this heading beard internal Ren 718 (1866), cited by the Attorney General, I have stated, 1, on the Red and 28th of March
evade the justice which" would otherwise or to French Law.
would be a favourable opportunity of seeing if Had the unit for bar for that purpur. all the depositions had been taken, indeo, Mr. give a notice to England with a view to term of the prosecution whereby the prisoner was overtake him. The man is undoubtedly a
The CHSF-Jpszich more than once in the new principle would work, and he thought it The AUTING COLORIAT. TREASURER and it hud been in fact copied from and written fuafter and that by agreement that matter was actually committal and rolura to the writ of habens May, by an affidavit filed yesterday.dep aan that puting an existing-trety at a defined tiu required to show canao why the warrant of Chinem subject, and he is also undoubtedly course of the proceedings, expressed himself the Oplonial Secretary, making the son of this $100 would he thought be tuficients and the committel. 6, on the 7th February. Not withdrawn and extended, and beyond gnea ourpre silould not be stranded upri an niidavis
fugitiva from justice The object of the as being weighed down with the feeling of noted; however, $10,000king the amount this sum us wecordingly allowed:
therefore attending to this paragraph it forsed, tion, the identical treaty was in hor, ind there- | lled by Mr. May, by inserting there the worde Treaty and of the Ordinance was precisely to responsibility that, in deciding against the it might be better to have nesecond opinion replaced on the Special Jary List. He intod Bar at the Magistruoy on the 19th of January, in his judgment appears to me by his line of thought it right that a statement made me The ORIS JUSTICE succosted that perhaps from Mr. Melish, applying to have his name pears that Kwok Asing was first placed at the effect do it. But Lord Chancellor Cranworte the hearing of this summons. I mid I
The COLONIAL SECRETART read a letter as I think, no part of the prooralings it ipfore the act of Parliament continand to give forwarded to me in the place of scived. prevent Chinese subjects, fugitives from ju prisoner, he would be consigning him to hĩa
The ACTING COLONIAL TREASURER thought in the letter tlust his name had been there for charged as aspicions chsister, and asaruwal to admit that if the ultimate titan of on a previous hearing by Mr. May should up- tier, from using Hongkong as the prisoner datth. If this were the fact, we can see that there we pogresion to conclude that the come time, and that he had been appointed one person dangerous to the peace and good order notice for determining the tray bid deplved, prar upon the proceedings, and on behalf of wishes to use it; and under such ciræum that it would form any just reason for de- Surveyor General moderated building of the Instices of the Prue,
was na engineer, to an architect, by profus The 40rING COLONIAL TREASURER said it 1857 bat no attempt was niade to prove an put that treaty is force in reference to, ung in consequence of that angestion, by Mr. May. stances it is reasonable to require that any parting from the plain justice of the case. Sion.
of the Colony, ander Ordinance No. 9 of and, if the treaty, had terminated, the act toho prisoner, Mr. Trancia filed in affidavit, nde tecboiul grounds against carrying out the But the fear was langmary; because there Hon. Mr. Rynte suggested that it might report in the pipers was correct, it appeared so as to bring hits in the rear tent way within by e-motient. I ran orth appears to charge at murder. d, the commencement was impossible to replace the name. If the net or word within the Colony by the prisoner lature teaty could not have been revived except to the ffect that the paragraph containing tha broad principles of justice, sud honorably was a simple course, frequently adopted, which perhaps be better to employ sa Wilson that it would le: possible for any one to apply after the words or within the spirit of that have thought a new Act of Parliament, world of the prxsendings next siter the statement of
aud Solway. acting up to the duties. Great Britain
to Braid he did not to the Court to be exempted from serving on an Urdinaque. That Ordinan passed in dave beau-required de gek of out, but in the the names of the parties, facicts: I have h bas undertaken to perform towards the given his decision with recommandation: think noch was necesury. Everything hither The Rustice uphined wheeze of getting rid of Chinamon of whom aisle 3 of the Bug Treaty of 1943 and after the emittal bad besuraigued times of great political alarm here, as a mans present as a reforesce in and comparison of fore referred, was not, written on the deponi Chinese, should be of the clearest and have stated all that he thought it necessary satisfactorily.
to had been done by the Surveyor-General most to the case alluded to, that the name of the were at that date presumed to be lurking about with article 21 of the-Tientais Treaty of 1838 by him. I am of opinion that I ought not to. strongest nature. The prisoner's Solicitor to state on the prisoner's behalf to the
applicant had been accidentally struck out the Clony, emissaries of the then velobes a difference of detail not merely abroga-entertain this application, because it comes too The CHIEF JOSTICE thought there was some from the Special Javor's list under the im Mandarina on the mercat stepicion of any evil tion, and re-enactinent even which alone Taste, and moreover, becaman it it had been made may be justified in ruising-as he has done; Executive, bave pointed out any doubts which appearance of there having been abirentiam that he had left the Colony
design. The reason for the law has ceased, Cranworth appears to have thought anough to exelier, it appears from Mr. Mar's aff-invit of with great talent and ranch ingenuity-existed in his mind, and, finally, if necessity, the Chinese who tunde the tondere... number of technical points in favour of his hare suggested a special rendition, in which reation concerning the youn of 10,000. Le Justices of the Fence frong serving as Comproof to bring nay perena within the par. 84, impliedly declares No. 2 of 1850 to be corrected. Moreover, Inje of opinion that The LOTING COLONIAL TEASURER said and the frequently the police now invoke require a now Ast of Parliament. The the 28th March, that there was nothing in the The ATTORNEY-GENERAL repeated his authern was nothing in the Ordionuce to exempt its earctments and the more stringent the Attorney-General adrgasted that No. 7 of 15%. proceedings on which the commitment could client; hut the objections which have been ons condition should be that prisover should thought that ought to be milcient, jedxing on Jurors; and there had been an order. thut manes required by the Magistrate, the more be still in force, being contained in a new the letter of M. Boltson is not a des requl. raised all conie into the category of those
from the estimate of $3,300 which the Surveyor- properly and fairly triel by the Chingte General had made, and which be gaid was bused Brokers should be taken off the list of Special onestational will the comma of Justice, he in edition of the Ordinances stamped with the silion by the Obidrar authorities under the fine points which are looked upon with great Authorities, and the case watched by the upon the idea that the very heat inatorial world Hoa. J. BALL said he thought that it would this Colony
of the Colony. The words are the copie treaty, or a complaint by a-liners official caution by Judges, and which to be accepted British and French Conants. By this means be used,
No charge of murder against the Prisoner - so stamped shall in all Canita 'and upon allez doly made or forwarded" within tha Ön The prisoner was thus irregularly charged:
exions whatsoever he takes, deemed and held diantice No. 2 of 1850, However, the, appliqu concurrence with this view, and he certainly
evidenco was tendered. I do not, on looking as they existed at the data of the passing fee day have from another tibusad month in priest. The COLONIAL SECESTART expressed his
the Mugistracy for an olleure as in which no to be the only lawful Ordinances of Hongkong tion to send is before sue, and the prosecution
iderable foundation, that there is at least room to doubt whether the adverse circumstances the arms on the ship, the precautions adopted against a rising, or even that some of the men were taken off under guardaro sufficient to prove the vessel to have been a slayer, in such a sense as to make
whole.
ار
any protection whieh he might justly claim the cold-blooded murder of the Captain a kind of work ouraciren, and sy ovoid the peces-- s. CHIEF JUSTICE Whuld be only too glad | cridence that it could have been writtenanly after Fillors in this., that these party. France instant, heard a eum incos tested at the instance
against the broad merits of a case must be
sity of baving contractá at nil.
The Hon. Mc.: ROWETT thought an iron roof could be got out for los for a quarter of that amount than $20,000. Pertaps it might be obtained
be put upon
This
Tordiodry Jury
mude.
UNION INSURANCE SOCIETY OF CANTON.
tious as to slavery of blacks, and slavery of three months, instead of six months', impri took a different view of the life, the. The ordinary Unif-yearly Meeting of Share letter had been ever received by Mr May, duck prisoner studs committed is pirney on the bigbof the Tientsin Treaty that it in only, oa proof
whit, and with respect to "para" and pledge questions doubtless interesting in a philosophical point of view, but whose appli- cation to the case, it is difficult to discover
If what has gone before is correct, it will be
mid to bud to objection to vore the money, Hm, C. SMITH, (Acting Colonial Transuror), because he was ont voted in the Council.
The COLONIAL-NEOBETART Daid the next
be right that no now Brokers should be put on he would have been able to secure that justice,
not to be taken down from the position to the list, but that those there already ought anade in a way which can leave no doubt as would be administered, and to relieve himself. to their thorough validity. It has been de- of the grureresponsibility of consigning a man
which they had been raised.
Athenagh the proceedings before the Magistrate, lunt Ordinance incited therein. I read these ing from that to which I have come in this cided that the crime is justifiable homicide for to death half heard, without running the risk
The question then dropped.
And that this prisoner was charged with any words as merely excluding nil necessity of re- | Me. Francia objects that a. 4 of No 2 of 1830 A question was then brought forward by the thing as the subject anter of complaintence to Ordinances not inserted, and us is rendered a Warrant from the powersor to the the recovery of liberty, when it is. beyond the of inmurring the no less serious responsibility H. E. the LIUT GOVERNOS said that there ting of the rules of postage to, Manila, with swer, beyond the sustained charge of be
Uolonial-Secretary, with regard to the redue to which be bad to or could plead or an- he way a revanstment of all the inserted Or Magistrate necessary; to give jurisdiction to its power of the Court to go farther than the of allowing a murderer to escape from justice. was une objection, namely, that it would take respect to which a communication had born ing a espioiona character and a danger the included Ordinancen a force which they had been forwarded to Mr. Maty, no such war dioutions, and it certainly does not affect to give litter I am of opinion that if due requisition prima fusie merits of the chur. It is asked: From the anaoner in which the decision expected back in October, when it would be desi
| sóuze months to come out, The Governor was
received from the Postister Concralous person? The evidence goce to prore adla had not immediately before the date of rant" would have been necessary. This fifth How would the mutter stand if the offence was sounced in Court, it may be hoped rabis that the House should be ready. He ANG COLONIAL TREASURER ob of violence and of kiling the Capton the enactment in led, I to not say that point being directed to the Jurisdiction of the
served that the Mail authorities ought to and eight of the ores in the shi and the ven this limited construction were committed on a British abip; when it is that it is still possible for the CHIEF JUSTICE the antimuter This was used.gree to resiprocity before the reduction were observations of Mr. Francis, id dressed
should be Magistrace, I think I may more conveniently only necessary to ensider the one question, to adopt some such courses above sugingly agreed to.
adapted, because it might possibly lead to very than under any other head here allude to a the wagistrate, werd in referendo to such ovi alarming consequences, to which it is unneces- point of practice in the exercise of bis Faris- whether without reference to any pallia-gested.
The Hun J. BALL, however, called 'attention dence, but from beginning to eud I see on the sary for mo. here farther to allude. I capot diction which occur to me. Evidence must The COLONIAL SECRETART then brought for to the fact that the rangenients regarding proceedings "harge of murder or of robadopt this anggration us a ground for uphiniding to find to justify a "rus Bill"-A point tion or justification, which are matters
*ard su extimate for the amount of $130, mene for the Court which has to exercise jurisdic The public will, doutblees be glad to notice and Suret Service money, which land been posted, starts were provided for br Uldi berr, properly culled a obarge, against the pri No 2 of 1851), It is clear to me that the prin urinen ons of an extract from a Despatch No. siples and provisions of the Extradition Ast of 40 of 11th April, 1863, from. His Grace te tion as to the whole affuit, what was done from today's Police Reports that Mr. Rosatoirs from the Police Safe. The matter bad red were placed in the bands of the sone, to which he con'd plead
Kreontive, not the Legislative Council.:
Absence of regubur authority to initiate proceed. Last Sensions are such that if the treaty of 1858 then Colonul Secretary which was handed to was such an act as all civilized nations would reconsidered the sentence paned on Nicks, Mr. Fitzroy Rice having deposited the muscy SELE bas, in s-comendable spirit of justice, been investigated by the Executive Getnoil, and they had arrived at the conclusion that
The sitting was tücü ddjourned to Saturday; wags-Again, attached to the depositions is slet were now for the first time to be carried income by the Attorney-General, in which on the agros in denouncing a deed act rendering and upon the ground of his certificates of there, did pot show and negligence on bi
ter from the Colonial Secretary, dated the 3rd of effect by Order in Connoil under that Act, the assoption that there we sume competent Hebruary, 1871, addressed to Mr. May, but there provisions would be very different from those jurisdiction here to carry out the Treaty of 1858. mnnamonable to be prosecuted crim good character, of which the Magistrato was part as to disentitle him to bare the
is no note on the proceedings referring to it or of No, 21 1850,
| His Grace says inmi extract from a dispatch (¤ inally. Then there are also fine, diating not aware before, commuted his sentence to amount refunded by the Government. With
shewing that it was ever teken judicial notice · FOURTH POINT. – No readition, because crine asked for, but I did not get the whole dispatch, the exception of the Hon. Cecil Smith, who
of by Mr. May, or that the prisoner or Mr. charged to Piracy and jushisible here.-M. as explanatory by the mulext of the extrust,) sounent with hard labour.. After what has
Francis, bis attorney, even know that snok a Fancis contends that the offence for which the It is at the ease time quite plear on the letter already appeared in those columns, it is need: Executive Council had been unanimoun leus to state that we should be glad to see
day, H. B. Traman, Een in the chair. holders fu the above Society took place yester less than it was to be treated as the foundation seas, and, that ano piracy is not within the of their guilt that Chinese Criminals can be
of Mr. May'a anthority to act X even this sentence withdrawn, and it is satia-
Treaty or the Ordinance No. 2 of 1850, because demanded." and adding, "on this head I have The following is the report which was anon.
it is justióible here. The arguments by which to instruct you that, or a gouerių) role se factory that steps are being taken to bring
imonely adopted i
The Argument on claim of Prisoner's di chers Mr. Franole justifies this point appear to me to ammable evidence ought to be accepted the mutter before the Supreme Court. As delimite was som regnired for building at the sixth wins Mbatian, to be held use days of Febrary last, Hy reduced to convincing so far as they go. But the At sufficient (none other is required on trial
Heport for presentation to the whareholders. Francia argoment before me occupied Bording the Magistrate a statement, it new police station at Sw.ke-wan. The lowest
towriting the heads of his arguments, orney-General with great ingenuity enbdivides for morder in any British Court)anch for which there is room for reasonable doubt us Police Farce without any enquiries as to bie $12,000, but he had accepted one for $15,200,
the 31st March, 1971, AMA
The Directors va the pleasure to submit to who appeared for the Crown, and opposed to these distinctions, leave the argu country to fad a tras hill, where the evidence to whether the prisonur should be given up, cracter, Mr. Busse having saked Cap bend the man waking the lower estimate on the sunexed ball yearly usement of the ragere discarice answered the pointa watend mento ba I find them, it would lead me into far in exparts only.” Now E iợp. berg because in and that is, whether the crime alleged against toin DRANK, who sat next to him on the given a great deal of trouble...
ocounts of the Society, showing ou the 3-st Mr. Ferbis, and, furnished me with print. The ACTING COLONIAL TREASURE, Could December la banacent
too great length to sritimise them I shall this case the evidence was exporta vály. Adopt- erstit ofed copy of his argumenta M Frans resoly state that my oonalation is that the ing sa our guide these instructione from the him amounts to piracy jure gentium. Even Beach, whether he knew anything of the not see that the foot of a man having given 166,235.11 exclusive of a tenero of $250 000, plird, and he farmished to me a ritten copy of opinions of Sirs J. Harding, F. Thesiger, and Colonial Office, Mr. May's finding is that "there upon this point it must be confessed the room accused's antecedents, and being replied to in trouble was any reason for the publis being and a further sum representing paid up Capital but reply. I hitys seldom herence to A Oneo in which the Chinese charged ject of China, and that he has committed the muil Fitzroy Kelly was manifestly.come to în rufer-is cause to believe that the said defendent is a sple for doubt is of the faintest description. Wo the negative. This certainly seems a very culled upon to pay an additious-wam of money of $250,000.00
mente aure close than those by which the with murders were denignated "emigianta crime against the laws of Coins. Tais fading can understand, and we can also in a great policemen, and calls for some attention on teuder be poopted.
extraordinary way to engage the services of He should certainly propun that the lower The claims still outstanding to date cannot contention on each side was sustained. Having free migrants not containing any suggested does not even express what Mr. May actually measure respect the feelings which have ac the part. of the Authorities. If men are
at prevent be aortained, but are estimated to been carefully epitomised, these argument: Same diectasion took place as to the nature invant to aboo $80,000, Thm, saun includes speak for themselves. The poirits were divided element of compulsion or orginal cueroon of beliured, it is not equivalent to a true bil tuated the Cazer-Juarice in this case. The thon into the Forza ja su off-hand a manner, of the trouble that had huen givens, and the $3,000 on risks taken at Hanbay by the into seven by Mr. Francis. The Attorney General them, which distinguishes blant case Cuts the by a Grand Jury-which wording to the bit coolic trade is a horrible, a terrible scaudal. it is not to be wondered at that it is in an trata Buro dificulty as to the payment.
Acting-Colonial Treasurer anted it resaltod Aurora, which reasol, it will be remembered, has followed that division, sud for the sake of decision in ra Temno, 8, Jox. 0.0522, und 33 Secrotury, it ought to be to being this p
present, and further, that it appears to me the authority of His Grase" the thien Colonial, Fearful tales bave over and over again coma
unsatisfactory condition.
as barratianly destroyed at 3. The Society Cuarentence X will consider the cae in the Law J. M., O. 201, and lie beervations of the within the rendition Treaty. Now here the the contractor himself being only a man of to hand with regard to it. But a few weeks
straw, and the suraties wanting the mener paid. A postly not be called upon to pay the ame order.
FIZET POINT-Right of rendition to China isopion. I must follow the decision in re Tarder only, in the duly docament before Mr. May, Judges, in that case, are inconsistent with that man was charged with wander, and with cur whole of this anionat, hat pending legal opin ago we were horrified by the revolting excon- ATENTION was called by Mr. STEWART, vote should be passed for the march that the ina on the subject, it would be well Lu link upon the only question. My Francis says that be an expecially as the principle appears to live the letter of the Ualonial Secretary of 3rd of
Coroner, in the course of an inquest on
smaller cum, the par total. ADVERTEREN tion of the twenty men from the Nouvelle Thursday, to the fact that there is no regula to a roto for a police station at Ossoway Bay: $187,500, which bars from time to time bean than these arising ont of Oralnice No. 2an wan eard in that, the crime "ut aarthing is ny, the Magistrate, assuming this letter to A similar discussion took place with regard The reserved thirds of Proffs, amounting to all grounds of oburgs against the prisoner other Bennett, 11 L. mes, 483, and my in thie ukse before him it was not competent for Mr. ...unde this point merely to clear the tatter bean approved of in America, we're J. U. February 1871 (if it can be said to have been "Penelope at Macio All this must have tion in the Colony compelling the removal the tender which the Surveyor-General risen up before the Judge's mind, and he was of small pox patriots. Such a messuze pored to accept being for 85,450, while there est apart for division pro rats moonset the Con- 1850, which provides for the rendition of Chinese piracy, and being justiciable her. If there be be a sufficient charge ne to murder to in- also told that the man before him struck only ought to be adopted without delay, and it was ons rejected for $4,100. A vote was sis dere taterated.GENCIES
ground other than ander No 2 of 1850. Ina, mufu are not to be given up, though within the confuet to the charge of murder, the Ma tributories, will now be puid to the Sharehol, offenders. The Attorney General did not enggest that the prisoner, could be detained on any
any crime, there is no ground for giving by the quire or tu commit for Juzvery as not man. It is beyond doubt that political crimi- being within the alleged claim rendition in defence of his Biberty He might well he may be well to suggest that there could be parsed for the smaller aum. 11120
The COLONIAL-TREADUSEL then, read a sensible of the awfulness of the duty imposed little difficulty in bringing in an ordinance letter from Mr. F-W. Mitchell. Trustee to the et tout in. Agents to the Spolety at Batzon, zo other charge against him- opable of being to be given up if juliciable hore, eg, for piracy.ty of murder, as the praviction in his mind
Mrs. W. G. Hala & Un, have been appoint as I have before gaid, of opinion at the letter of the treaty neither is a Chinnao au ject gistrate does not and that the me is guil now that the Legislative Council is sliting, upon him. But we say this. The more with the object of enforcing sanitary mica Catheral, in which he stated that the mom of anring the temporary absence from that Fort argued awful the responsibility, the greater the sures. Among the Chinese especially is it for the name chancel, and the Colonial Treasurer
£3,500 und been elected from the Community of Messrs Haus
Again, a culprit, to adopt the line of argument a grand jurur," or that the charge of murder "Hauschild and forasen. **
SECOND FOINT-Wes No. 2 of 1960 ultra vires used by Shee J, 53 L JA, 0.216, cannot be is true, whics is the meaning of a Tras necessity to keep within the safeguards of the cocesary that there should be some regulations therefore, proposed that $5,500 should be placed
LIRECTORS.aga
the Legislative Counett-The second point taken said to come within the terms of the Treaty of of | Bill. According to Chitty-1 Criminal Law, law, the more imperative the duty of rigidly us it is well known that they are extremely on the Estimates.
The Honorabló i. E. Gibb having resigned for the prisoner, vizes that Ordinance No. 2 of the Ordinace in which the pramble confines 117). "the grand Jury ought not to find a Trus excluiling from his consideration all but the careless in such matters; and if left entirely Hi: Mr. Rowery begged in a cond this, ou luaving the Colony, Mr. Heury Lowrock bre 1850 is null and vuvi, na being ultra vires of the the enactment to such as bara" takon refuge" Bill unless they are convinced of the guilt of
Jo 1bemselves, it is certain bat-they will
Bon, Mr. BAZZ mid he had objected before to been appointed by the Directors to fill the va- Colonial Legislature, ja pers dificult to be das here, he being justiciable bete, be cannot be said the Defendant.For this be oites abundant Actual case, which sus proved before him neglect even ordinary pretentions, and so the proposed vote buruuse it was brought for Gongy at the Board, the pe Proposed of. It is not denied by Mr. Frazicis " to take refuge" in a placo which is no "ro | authority and, reference to considerations of The Jedges have often complained of deci- assist greatly it spreading this terrible ward when they were not, prepared for it, and AUDITORS this, Ordinases his been noted on from faget to him, and he is not therefore, within buuunity, far more, cogent, an applied to Ciki- sions being based upon mulative and disease.
he thought that he was enfled upon to oppose besar. James Hart and C, Morland Keer 150 tu the prevent time, & period of more that the Treaty of Tientsin, the only exlatig renty mese abjects resident in this loloxy then to abstract considerations wil analogies, instead
its being brought forward at the present tune,retiefmus Pfice, but in acordance with 20 years. But he shewed that no length of even if that Treaty is provided for by No. 2 nt English accused persons in England. Now on similar grounds,
Rule No. 134 of the Articles of Association, so will give validity to a local inseturent if 1850, bail subsequently considera.fully here Mr. May does not, and he could not upon of being confined to the notes, and to the ter, the Commercial Intelligence has been trans-world support the, untion. It had been originecordingly
In consequence of pressure of important mud. TÜSACKING COLORTAL, TERASURES said heure eligible for re-election, and offer themselves originally ultra vires, and if sutus pinion of whether this man's not was a crime at all. In the evidence before hita. Expient à finding equi "fects of the case; and it is never to be ferred to the fourth pago,
the supreme indicist authority within the lo. Niylor si Paloer, 19. Er. Rep. 338, 6. C. 22, L. valent to a "True Bill," to ought therefore ta huly intended, that Chancel abould be built, a
cality the Ordinance uppears to have been ori. 3. Ex. 329, the gase of sesame by 860 roolien baye" discharged this prisoner. · Méreover, a forgotten that whenever a departure is made
SECRETARI inity utra, wires, it is bound so to derido. of the Victoria, on her voyage from Mano grand Jury could find True Bill "only Javors are, aliore, expected to attend et Matters bad gons on go for
but this could not be done for want of funds.
The Undersigned having resigned, Mr. N. This proposition follows from Chalmers gosto Callao in Peru, and another care, Kleioworth for the urime charged, that in wurder, But it wha
the let proximos Solely, and will assume obarge un and from Mr Anstey pamphict on the competenry of spizure, by 950 coolies of the Henrietta Afurie on 11-Special reason for term in Treaty
Colonial Legislatares, 1868, it p.p. 2-25. It a voyage from Macno to Huvedu, each case "upon proof of guilt."—I cannot but think that By under of the Board; We are informed that the Verandahs of the
BOBRES WATSON, y duty therefiue, to guanider this objec turning on the construction of Maring Insp-His Graco the then Colonial Secretary, if his rige and murder the captains sad crown of City Hall will be open during the Garrigole
tion, · It at first seemed to as ting, nu consti- rance policies, the Courte held between Ineuter consideration had been directed to the special Secretary tutinual principle the Imperial Parliament and Iniret, that the acts of revolt and taking the reasons for the terres of the Treaty, upon the vessels in which they are carried, what Sports, and sents placed in them, and also that be remedied by enlarging the Chancel. Besides,
Hongkong. 9th March, 1871..
along uns authority toʻgive effect to treaties shins by Chindan emigrants constituted piracy: proof of guilt," (an expresion, which as it was will be the result? Not that other men willa Band will be in ittendance each day,
the Colony was committed to the Chandel
Meuere Hart and Kerr were panimously within the Empiro; this view areins confirmed - FIFTHPOINT-Nothing authorising the Magis- idmitted by the Alternay-General is not-to be | by Mr. Forsyth (Casen und Opinione, p. 300),trate to act --This point is that there was nothing found in any other fronty,) would have seen The Queen's Advoca ta made another applion-oribed; and there was alan an exprolon
Those belonging to the Cathedral, bad sub, re-cleated as Auditorija pr
At the conclusion of the proceedings. Mr. I thought it followed that it was not within; to give the Magistrate jurisdiclion. The Attore a conojusive reason why this conatry assumed the trade, bad as it is, will become worse; tion in Admiralty yesterday, in respect of goods of opinion from Sir Richard AlacDousell that Buey proposed that a role of thunks be part, the powers of a Hongkong Legislature, which ney General contende. That a requisition of us to alleged Chinese fugitives from justice waived from the wreak of the atoumor Den, and he would go to the Opencil for the amount, ed to Mr. Watoore, who was about to retire : consista wholly of Nominees of the Crown, to, rendition might be rerbal merely. But neu.I of her, the right to amertain tho absalute guilt the crying it on, desperate as they are brought down by the Douglas Order was The Covernor of the Oolong knowing the fol from the post of Sareting, for the uble winner give such annation oven within its own loits No. 2 of 1860 requires the information of the of such Ingitives up fally, te thit country in more desperate. The ono criminal who was made. 11
in which he had conducted the business of the withons anche previons Imperial Legislative Chinese officers to be made or forwarded to the faat sesumed that: Chins could not be trusted before the Court may be saved; but let there BATING DOWN, What's the price of this disharab to lay the foundations staar, and be let me was acquaded by Mr. Gen. Heard, annation of the frosty and blau thut auch an Magistrate or Court This may possibly, but as a nation to do justice within her owu lu be in the next coolie ship thant sail from article?". inquired a dent old lady, even thought the Council would cinko w mistake nut and carried unanimonely, Mr. Wadmore, Ordinance was hot,ading the olmrior 'strict. I not probably, ruzan that the Chinos fficer is ritories, we assumed by Great Britain Macuc but the slightest sign or symptom of shillinge," said the draper. Zevustecil shil
* expreened bis thunka to the Shareholders for Ty, required för cicher "the peace," or the "or" at liberty without writing in person tu prefer that it was acccanory for her to deny the oozni. D
a rising-but à gesture, but a word—and tings?” she explained, I'll give yon thirlson.""
Hon. Mr. Rowerz aaid that he fully con bad given bin, which he need ant way waurace which I read as meaning willis, and only terially in the master, but I aur of opinion that the Emperor of China to judge foreigner, being their kindness, and for the present wblob they der "or the "good government of this Colony," | tlie information to the Conchinating, mangies | Internationsi right of exclusive sovereignty to fifty men perhaps innocent of way evil intent "Ben shillings replied the koncal trades. Curred in and andrad 180 r marks tosde by ceptable. Ho fait indultad ar them, however, millin, this Dulony. If this Bad been the it he does and do that, it means that the in- Baglint subjects within his own Territory and
the Hon. Mr. Both g will be murdered on the spot, and little or billings!" the lady sharply rejoinoë; ·" I'll |-
mon. "is the price of tas article." "Obleeven
nat wo mach for thin munoy na for the kind ex- only Colony in which such an Ordinaigu bal formation must be "forwarded," which is cun- we do far anperadded for our protection Lin TUO CHIEF JUSTICE then and that he would | 1 roulon of the opinion that they consider bo hươn passed, this view of the onse would bare sisthut only with the sending on of "como Imperial Rights, ores in China. I bold that nothing ever heard of the circumstance in 1 give you fisel."
withdraw the opposition he had expressed in (bad dótío bla dasy and merited their confidence, weigbod very strongly with me." The research of material thing which here in a written in-foot trusting Oliina to odminister Justice, even
even that there is may only one point upon seems that the man was engaged for the tender made to the Survey-General was for/ofices of the dusty, at 3 o'clock,, où Friday the "howirable and learned Attorney Generd the point into threų, kad Mr. Frausia bus àn- [example as would lead a grand jurs in this
*
from the trick interpretation of the law, the Supreme: Quart on Monday at 10 am.found thint it was impossible without the Chanel du has been appointed Bocretary to the and opinions, p. 02, and is jbly enstained in Sheppardy:28 L. J. Q. B. 147, the case of and not forany less or other orimo tib. p. 325.)
there is great danger of inerchsing the very. evils which it dosigned to put down. If a abelter be giren in Hongkong to coolies who
bo deterred froin!.carrying coolies, but that
There are two cases got to be disposed of at for the service to to performed in an orderly and the present sessions
docent- manner. There was no room for the Minister to celebrate Divino Service na ordired by the Charol and a place for the Choir to o
have themselves as they should. This could only.
ing of the community and nakaḍ the Duke
to respond.