Intimations.
CHRISTMAS
AND
NEW YEAR CARDS.
SEASON 1882-3)
THE HONGKONG TELEGRAPH, FRIDAY, DECEMBER 8, 1882.
After a careful perusal of the above, it is is performed by Portuguese clerks who only fair to Messes, BRERETON and Wotros receive something about $15 per month, to state that their bill of costs is a far and remembered that the Commissioners superior article to that produced on the of Her Majesty's Civil Service only pay previous occasion, already alluded to, by writers, who have previously passed a Messrs. STEPHENS and HOLES. The qualifying examination, at the rate of three charges of the last named firm in the in-half-penco per folio of 100 words—a very ferior court amounted to $444.10 (includ-different thing from a lawyer's mode of
sent in a bill of costs totalling the extra- ordinary sum of $944.10. On taxation, this amount was reduced to $354.10. Further comment on what in ordinary business life would have been regarded as a monstrous attempt at extortion, is quite unnecessary, as lawyers are privileged to Indulge in sharp practices of every de- scription with impunity, and these elaboring an error in addition of $200), whilst calculation-It is just as well to direct at ately drawn out bills of costs are merely a Messrs. BARRETON and WOTTON's costs, trick of the trade, which the public are exclusive of barrister's fees, only totalled supposed to be thoroughly acquainted with. $129. That, however, in the legal pro- As a companion picture to the wonderfully fession is only a more difference of detail, artistic chef-d'auvre of Messrs. STEPHENS which need not be further commented on. and HOLMES (Q, »., Hongkong Tdegraph, so we can new proceed to devote some September 17th, 1881), we have now the little attention to the bill of costs in, Bash pleasure of publishing a charming Lillet-MAN T. FRASER-SMITH. THEY INCLUDE CHROMO LITHOGRAPHS doux, compiled by that equally eminent.
A. S. WATSON & CO. INSPECTION is invited of our Collection of CHRISTMAS AND NEW YEAR CARDS which have been carefully. Selected in London
from the Stocks of various makers.
FROM
MARCUS WARD AND DE LA RUE, HAND PAINTINGS
ON
"CARD, IVORY, OAK AND IVORINE
AND
OTHER NOVELTIES.
A. S. WATSON & Co.,
CHEMISTS, PERFUMERS, &C. -HONGKONG DISPENSARY,
HONGKONG.
NOTICES TO CORRESPONDENTS,
[431
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BIRTH..
At. Stockwell Cottage, Kowloon, on the 7th inst the Wife of J. S. NAZER, of a daughter,
The Houghong Telegraph
HONGKONG; FRIDAY, December 8, 1882.
From the number of measures brought be. fore the Legislative Council on Tuesday last under the direct auspices of the princi- pal law officer of the Crown in the Colony, it would appear that the very unsatisfactory state of many of our ordinances has at last forced itself on the attention of the legal authorities. Several of the Bills Introduced by Mr. RUSSELL, acting for the Attorney General, must be regarded in the light of decided improvements, and in one instance, 'at least, the Bill which arranges for the whole power in issuing distraints for rent being vested In the Supreme Court, will abolish á most in- fjultous system of abuses which has, in pass times, pressed very hardly on the poorer classesAssuming from these in
latory reforms that our law officers have at last determined on gradually weeding out the absurdities which are certainly the reverse of creditable to the administration of justice in Hongkong, we are emboldened to direct the attention of their Honours the Chief Justice and Puisne Judge, and the Attorney General, to the very unsatis. factory manner in which bills of costs In connection with criminal proceed- ings and actions, at law are made out and taxed. We have no hesitation whatever in affirming that the manner in which bills of costs are made out and taxed la.this Colony, is a standing disgrace to the administration of justice; and: as we shall at once proceed to prove the absolute trath of that assertion, we feel justified in calling upon the law officers, or, in default of them, His Excellency the Administrator, to remedy a state of things which unfairly And prejudicially affects the best interests of the community, and is, in fact, nothing more nor less than a burlesque on our legal code. Our experiences of this sub- ject are personal, se, apart altogether from journalistic privileges, and the public interest, we have a peculiar right to be heard in denouncing a system, the application of which is so anomalous that even the law officers of the Crown seem unable to comprehend either the meaning or intention of the Ordinance.
combination of legal talent known as Messes. BREAKTON and Worros, as the last act in the celebrated serio-comic drama represented by Mr. DANIEL EDWARD BAND- MANN, THE EMINENT TRAGEDIAN, and the Editor of the Telegraph, in the Supreme Court last July. The document runs as
follows:
In the Supreme Court of Hongkong. Criminal Jurisdiction. REGINA V. RODERT FRASER-SMITH. Costs of Prosecution. 29th June, 1882. Attending on receipt of copy Pleas of Justification put in by the Defendant. Attending Counsel in consultation there- on when he considered it prudent to demurr to the Picas........ Paid Counsel his fee
July 1st.
Drawing and Engrossing application for
summons for leave to strike our or amead Pleasegine
Drawing and Engrossing summons.... Attending to file application and issue
Summons...
Copy summons and service on Delet-
Attending to return Original to Judge's
Clerk....... Drawing and Engrossing affidavit in
support, 2 fos...... Attending swearing and filing Copy affidavit and service on Defendant Drawing Brief and copy for Counsel to
attend Attending Counsel therewith. Copy documents to annex, 13 fos... Paid him his Brief fec....... July 3rd. Attending Court on summons when Defendant withdrew his Plea and undertook to file a fresh one to-day; leave given the plaintiff to reply and demurr to the Pleas; adjourned.
Attending on receipt of New Plea...... Attending Mr. Bandmann thereon and conferring................................................ Copy amended Plea for Counsel to draw
Replication, 3 fos. Attending Mr. McKean therewith ......
July 5th. Attending Mr. McKean when he handed
us draft Replication settled ........................ Paid him his fec..... Engrossing Replication to file, 3 fos.... Attending filing Replication** Copy Replication and service on De-
fendant........
to the 6th instant.at_10.30-a.m. ..........
July 6th... Attending Court on adjourned summans for leave to strike out or amend Pica when Trial fixed for the 18th instant
l'aid Mr. McKean's fees.....................
July 14th.
1
Attending Mr. Bandmann who, in conse
quence of Mr. Fraser-Smith having pleaded justification, desired the as- sistance of another Counsel and taking instructions to retain Mr. J. J. Francis as Counsel in conse quence thereof.................. Attending him therewith Drawing Retainer Docket and copy...... Paid his fec.......
July 17th, Instructions for Brief for Counsel on Trial Drawing same and copy for Mr. Mc-
Kean, 4 fos. Copy documents to annex, 43 for. Faid him his Brief fee Attending Mr. McKean therewith...... Drawing Brief for it. Francis and copy Copy documents to annex, 47. fa.....
him therewith and making Attending
appolatment for consultation... Paid him his Brief fee Attending Mr. McKean with appoint- Attending afterwards on both counsel in consultation on case..................... Paid Mr. McKean his fecon consultation. "Paid Mr. Francia his fee on consultation. Drawing and Engrossing Præcipe for Drawing and Engrossing subpoena to
subpoena..... Mr. H. A: Woolnough and issuing. Copy subpoena and service on Mr. Wool
nough
ment for consultation...
Court...
*--་་-
Attending to Lodge Original subpoena in
July 18th, Attending Court all day on Trial when
same adjoumed until to-morrow..... Attending Court all day on adjourned
July 19th,
Paid
Trial when" case closed and the Judge postponed the summing up until to-morrow at 11 a.ni..................
Refresher to Mr. Francis............ Paid Refresher to Mr. McKean .........
July 20th.
Attending Court when the Judge sum-
med up and the Jury gave a,ver- dict of guilty against Defendant and sentence reserved until this day Paid Refresher to Mr. Francis... Paid Refresher to Mr. McKean
July 27th, Attending Court when sentence passed Paid Refresher to Mr. Francis....
of a month's imprisonment qum Paid Refresher to Mr. McKean
att August, Drawing Costs, 12 108 Making 3 coples for taxation, 36 fos Attending the Registrar with copy and
Drawing Notice to tax copy and service Attending the Defendant with copy.costs.
It will be remembered that, in connec tion with the libel acilon WickiNG V. FRAME for appointnient to tax yo
ER SMITH, heard in the Summary Juris diction Court in August 1881 Mesars, STEPHENS and Holzs, the eminent firm of solicitors who represented Mr. WICKING,
on Defendant Attending taxing..
m.
·
$1.00
1.00
1.00
2.00
1.00
1.00
2.00 1.00
1.35
25.00
1.00
1.00
0.75
2.00
I
A REGULAR Lodge of United Service, No. 1 will be held in Freemasons' Hall, Zetland Street, this evening at 7.30 for 8 o'clock, precisely A LODGE of Emergency of Zetland, No 25, will be held in Freemasons' Hall, Zetland Street, on. Tuesday evening next, the lathi instant, at 8.30 for 9 o'clock precisely,
A FRIEND has forwarded us 35 for the benefit of the two children of the late Captain Kantwell Any further sums will be gladly received and acknowledged. The case is a really destrying
sulate.
THE new Grand Sherif of Mecca, Aoun Relik, is said to be a quiet, refined, and highly-educated man, entirely free from religious fanaticism. It of such a man to govern a turbulent populace Is rather difficult to understand the appointment like that gathered together at Mecca.
in this case, unrepresented by counsel. Moreover, inthe ordinance we have quoted it is clearly laid down that no second counsel, was to be allowed except on good grounds. The pretence set down in the bill of costs can best be described by the expressive word frivolous. It is the rule in England to allow counsel according to the number of witnesses called, and no doubt Sir tention to a matter which certainly requires GROKOR PHILLIPPO's decision was based on amendment. To issue an ordinary sub- this practice, but its application to Hong pona, it will be observed, costs the sum kong is simply ridiculous, apart from its of 95.25. However, the real objections being directly opposed both to the letter I will be seen in our advenising column, says raised referred to the extraordinary and spirit of the local ordinance. Space the Amoy Gazette, that during the temporary amounts charged as barristers' fees and will not permit us to further expatiate on absence of Mr. R. J. Forrest from this port, Mr. refreshers, Out of a total of $fos4.25, what we consider most extraordinary and Michie Fraser, will have charge of H.B.M.'s Con- the barristers fee's amounted to $925, unwarranted proceedings; "but we must Mr.. JNo. J. FRANcts, although engaged only perforce briefly allude to one other matter three days before the trial, being credited of detail. When the verdict of the jury was with $450. We contended that If Mr. delivered, Sir GzOROZ PHILLIPPO remarked BANDANN desired the luxury of a second that he would not then pass sentence counsel, he ought to pay for that luxury, as he wished to give the defendant time to and in support of this contention we quoted file affidavits in extenuation, &c., and post- the ordinance, which says "No fee to be poned the matter for a week. His Lord- allowed to a junior counsel in any case ship made this postponement appear as a except upon good grounds shown to the concession to the defendant. A reference satisfaction of the taxing master." Where, to the bill of costs will show that His we ask, were the good grounds in a case Lordship also sanctioned a charge of 981 which was practically undefended, inas-being made for this wonderful concession. much as the defendant had no legal as- We think we have shown that the laws Elther the or- of the Supreme Court with regard to costs, taxing, &c., are the reverse of satisfactory. Our own experiences of their eccentric working, and the still more eccentric mode in which they are applied, have been somewhat costly; but if they should prove the means of forcing the adoption of an intelligble statute, with the fees plainly defined, we shall not have suffered in vain. We may find something else to say on the matter by and bye.
LOCAL AND GENERAL
A PRINTING machine is now being built in Now York which will take off" 200,000 impressions
in an hour,
A Miss Buchanan, once rallying her cousin, an officer, on his courage, said, "Now, Mr. Harry: cannon's mouth without fear?" "Yes," was the do you really mean to tell me you can walk to a
prompt reply, "ar a Buchanan's either. And he did it.
+
Ar an auction in London, some weeks since, several hundred copies of an aspiring work of travel, published in 1878 at two guineas, were sold, new and uncut, at an average of two-pence half-penny each. If the paper had not been printed on it would have gone at two shillings a copy. AN American editor thus advertises his missing bat: The gentleman who inadvertently took our new beaver, and left an inferior article in its stead, will do is infinite kindness by returning ours, and he shall receive our warmest thanks and two apologiesan apology for the trouble we have given him, and the apology for a hat? he has left us."-
ACCORDING to Nature, artificial Ivory of a pure white colour, and very durable, has recently been manufactured by the inventor of celluloid,í, it i prepared by dissolving shellac in ammonia mixing the solution with oxide of zinc, driving off ammonia by heating, powdering, and strongly compressing in moulds...
Miss KATE DOCKING, a lady who hangs out in Graham Street, charged her chair coolies this morning at the Police Court with leaving her service yesterday without giving reasonable notice. After a patient investigation o
of the case, Captain Thomsent, being unable to view the the defendants Imputations of assault and matter from the Docking standpoint, discharged counter assault cropped up in the evidence.
IN the case Marty. Souza, Siro, at the Sum mary Court this morning, Mr. Holmes, who ap peared for the defendant, Mr. J. J. de Souza, of stay of execution, as a petition in bankruptcy had the (late) firm of De Sauma & Co, applied far
been filed by the defendant, Mr. Holmes sald the schedules would be filed to-morrow
For Mon day. Mr. Justice Snowden, stayed execution
accordingly.
By section 8 of 6 and 7 Victoria, better known as Lord CAMPBELL'S Act, it is laid down, that in the case of any indictment or information by a private prosecutor for the publication of any defamatory libel, and that upon a special plea of justifi- cation- to such indictment or information, if the issue be found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosientor by reason of such plea, such costs so recovered to | be texted by the proper officer of the Court before which the said indictment or information is tried. In the case now under notice, the issue wassistance whatsoever? found for the prosecutor, who thus became diaance is a delusion and a snare, or this entitled, by the Act we have just quoted, was clearly a case whore a second coun- to his foxed costs sustained through the sel ought not to have been allowed, 25.00 special plea of justification. The question What part did the junior counsel play of costs in the Supreme Court of Hong in the trial? He never once opened kong is, or perhaps it would be more cor- his mouth excepting on one occasion to rect to say was, regulated by Ordinance explain that his leader was detained, at 14 of 1856. By that Ordinance the fees tiffin and would return in a few minutes, allowed to solicitors for the performance and for this extraordinary display of legal of the various duties connected with their eloquence, he is allowed by a Hongkong 1.50 business are plainly stated, so that so far judge and a Hongkong taxing master, in as the minor items of a bill of costs are the face of an ordinarice, which distinctly concerned, there should be no necessity states that good grounds for the employ- for the gross overcharges which are so ment of a second counset must be shown, 1.50 conspicuous in this particular description the sum of $475. The clause in the bill of of account. The references to barris- costs which sets out that on July 14th Mr. 3.00 ters fees are not so clearly stated as BANDHANN, in consequence of the defendant 3.00 ought to be the case, yet, to the ordi- having pleaded justification, desired the nary non-legal mind, the Ordinance is assistance of another counsel, is a piece of sufficiently explicit to cause the exorbi- barefaced humbug, of too superficial a tant charges set down in bills of costs as character to have deceived anybody. As brief fees, retainers, refreshers, &c., to be a matter of fact, the defendant had pleaded regarded with astonishment. The taxing justification, on June 29th, so it took Mr. 2.00 officer is invested almost with full powers BDMANN over a fortnight to discover that in dealing with these matters, subject only this plea necessitated his requiring the to an appeal to the judges,
assistance of another barrister. On July When the amount of the bill of costs 14th a rumour was current in the Colony printed above was mentioned to a gentle- that Mr. FRASER-SMITH Intended at the man, who is probably the most accom last moment to retain the services of Mr. plished lawyer in the Colony, he remarked, FRANCIS; this rumour reached the ears of "If it is a thousand dollars you ought to the tragic hero, and as Mr. FRANCIS was pay about seven hundred"-and these the only available barrister in the Colony 1.00 figures, we understand, generallyrepresent with any practical experience of libel the proportionate reduction resulting from cases, the necessity for an additional official taxations. Another well-known counsel, owing to the stale pretence of a lawyer to whom we showed the Imposing plea of justification, was immediately in- document, told us with a genial laugh, and vented--and we know the rest. The 2.00 without a moment's hesitation, that it would ordinance says:"The fee payable to 25.00 most certainly be reduced at least one half, the sole or leading counsel at the hear- at the same time pointing out that the fees ing of a cause or any other proceed charged for a second counsel would most ing, either at law or equity, shall be certainly be disallowed. In due course at least $25," In the libel trial this the bill was taxed, and, after a desperate clause is taken to mean that the leading struggle, was reduced to the extent of the counsel is entitled-apart from his brief magnificent sum of $75-a result, we have and other fees-to $250, and his junior to 1.25 not the slightest hesitation in saying, un-8150; a somewhat free rendering, we con-
procedented in the legal history of Hong-sider, of the meaning intended to be con- about one foot per letter; going to the boxes in still, so we wish as far as may be to defer to the kong. The reductions made were 810 veyed by the gentleman who compiled the 4.00 from Mr. McKEAN's fee on July 5th, 815 statute. The ordinance also saysThe from the same gentleman's fee on July fee payable to cath junior counsel (where 10.75
17th, $25 from the "refresher" of the 19th, such is allowed) is not to exceed two thirds 2.00 and $25 from Mr, Francis's "refresher" of the fee allowed to his senior counsel at -on-the 20th The sum of 87-was charged any consultation or conference, or in any for taxing, and the total amount of the taxed proceeding before the Court, and whether bill fixed. at $986.35. As this resultat Jaw, or in equity or elsewhere." And contrasted most wonderfully with the legal yet the junior counsel in BANDAANN. opinions we had elicited, an appeal from FRASER-SMITH is allowed by the taxing 2. the taxing officer's decision was at once officer, and the taxing officer's decision is
· 3.00 made to the Chief Justice, which, however, supported by the Chief Justice, to receive in 25.00 proved quite ineffective, Sir Gzoxaz PHIL- all consultations exactly the same fee as his LIPPO sustaining the taxation of Mr. senior, and, what appears strangest of all, 1.25 ACKROYD. We have no means of knowing a brief fee of $200, whilst the leading coun-
on what grounds the taxing officer main sel is only set down for Brso. Either our short, tho I've counted um nine dimes over, and tained the charges which were objected ordinances are mere burlesques on justice, never took my eyes off um while on board there's 1.00 to, and to which we will presently allude; as we have already suggested, or the somethin' not right, somehow Wal, stranger, and still loss are we able to comprehend, elastic constructions placed on them by time's up; them's all I knowa on; so fast fetch in the face of the Ordinance, How the Chief | the taxing officer and his Honour the Chief your wife and five children out of the cabin, com Justice could in law and equity approve of Justice are far beyond ordinary compre. I'm off Them's um? Darn it, them's um? his subordinate ruling. However, wehension. To again quote Ordinance 14 of
I know'd I'd forget somethin' IS are not lawyers, and we are not supposed 1856 Refreshers are not to exceed the
2,00 35:00
1.75
1.00
2,00
35,00
3.50
200.00
1.25
11-75
$1,00
150.00
25.00
1.00
1.00
6.00
6.00
100.00
75.00.
6.00 .100.00
6.00
to be experts in defining the true meaning rate of one half the amount allowed for of the English language when applied to the original fees, yet so as that in no case matters Jogali,
the fee payable as a refresher shall be less than 85. The notion of a $5"refresher is positively refreshing to think of. The re- freshers paid to the learned barristersin the bill of costs we have been reviewing, amount to the comfortable sum of $400, ** Notwithstanding the decision of the tax- ing officer, and the views of the Chief Justice, we contend, basing our argument on Ordinance 14, of 1856, that no second counsel should have been allowed in the libel case BANDMANN 7. HBASER-SMITH, and that the whole of the barristers' fees are grossly exorbitant.⠀ In no similar instance has there ever been a second counsel al- lowed in Hongkong; nay, we will go further and say, that in the legal history of Great Britain there is not a libel case, on record in which more than one bary
is said that when Prince Eugene went to con- night before the great battle of Blenheim, the sult the Duke of Marlborough, in his tent, the Duke, with his characteristic parsimony and at- tention to little, in the midst of great things, snuffed out two of the four candles that were burning on the table, and said, "We can talk without so much light."
Who can say that printers are not great travel lers-at least with their hands? A good printer will set 6,000 ms a day, or about 34,000 letters The distance travelled by his hand will average which they are contained and returning make two feet every letter he sets. This would show a nine miles, and in the course of the year, leaving distance each day of 48,000 feet, or a little over out Sundays, that useful member travels about 3,000 miles.
A MEETING of the General Committee of the Masonic Ball will be held in the Freemasong Hall at 5 p.m. to-day, to reconsider the decision arrived at as to the date of the ball We understand that the cricketers who intend going to Amoy the ball should be put off until their return, about the 7th of January are desirous that and suggest that the 1st of February would be a convenient Axture. It is also urged that many of our Amoy Masonic friends would like to at tend the ball, but owing to the Amoy Races being fixed for the 8th, 9th, and 10th January, they are unable to be here on the 11th No doubt these suggestions will receive due consideration from the General Committee. SOME weeks ago, observes the Athenaeum, we stated our intention of printing a considerable mass of correspondence throwing light upon the life of Lord Byron. Since this announcement was made we have received an intimation that the publication of these letters would be disasteful families. This is somewhat surprising, for, as to several members of the Leigh and Byron
spondence and a further examination confirms we mentioned, the effect of publishing the corre the opinion we expressed--would be to prove the groundlessness of the horrible suggestions made public in 1869, and we should have suppose that the representatives of the Leigh family would have desired to see Mr. Leigh's memory cleared of the aspersions of Mrs. Beecher Slowe. (There dound to the credit of Lord Byron and his sister, is nothing In the documents that does not rp
wishes of their relatives, we shall not for the pre-
SIR GARNET WOLERLEY, willing Tel-el-Kebir, saYAS “tionally saverë klid, both
attack, I can empha
sent take further steps in the matter
to bave under my lions than those who, manded at Tel-el-Ke
don
Plast
Tsiz following is an old story I say, cap'n," cried a little keen-eyed man, as he landed from a steamer at Natchez, say, capu, these here aren't all I've left somethin' on board, that's a fact Them's all the plunder you brought on board, anyhow," answered the cap Garner's is neatly rounded off, and fain. "Wal, I ace now; I grant it's Q, K. at- markably well, but, all the boxes, and portmanty; two hams, one part cut, could write it in his pub cordin' to list; four boxes, three chests, two bande absurd The mere fact that three ropes of inyens, and a tea kettle. But see, he has the profoundest cap'n, I'm dubersome; I feel there's somethin' tion and judgment of the aldering that he had und
the Guard
bett
Ara quarter to six this moming, su enterprising by hawker was found in an empty house in Oid Bailey Street belonging to Mr. Da Silva, dark. In the Audit Office. Upon the coolfe who first spotted the hawker shouting when he saw him, the peripatetic tried to strike him with he had in his hand, but, issista the fellow was secured and pas constable. Certain brass arrangem
chisclammy arriving repu
which Wo before the hawker's uppearances the un- word occupied domielle, were cured to a wall, were founding upon the floor ready to be house, to which he rushed the carly-up ons. Mr. Slivs, caused by the captures door leading from the broken open in a mant cffected by the chisel. found broken, ybere
We need only deal briefly with Messrs. BRERITON and WOTTON's bill of costs. The solicitors' charges, compared with most cases, appear exceedingly moderate, and yet they are undoubtedly in excess of what is allowed by Ordinance, 14 of 1856, It 10.00 will be noticed that for copying documents,
charges are made ranging from twenty five to over fifty cents per follo, Accor- 50.00 ding to the ordinance, for engrossing, &c., 25.00 18 cents per folio is allowed, and, to quote the exact words for making copies to 6,50
serve, or for the opposite party, or fair, 9.00
copies, per follo 15 cents. Messrs. 100 BREERTON and WOTTON's charges were objected to, nevertheless the taxing master 1.50 over-ruled the objection. This item is only a very small one, but when it is considered $104.35 that this description of manual labour was allowed where the defendant was, as sen
2.00
com