SUPREME COURT.
IN APPELLATE JURISDICTION. (Before the Full Court.)
November 25th, 1890..
7
THE MARINE LOT QU'STION SETTLED. Judgment was delivered by their lordships yesterday in the suit which the Hon. P. Ryrie. as a trustee for the City Hall, brought against view to the Acting Attorney General' with
raining the Government from filling In the Harbour in front of the said Trustees' properly.
Mr. Robinson, instructed by Messrs. Dennys and Mossop, was for the plaintiff; the Acting Attorney-General appeared in person,
THURSDAY, NOVEMBER 27, 1890.
THE HONGKONG TELEGRAPH, 1
one of the public, and from the nature of the institution and the liliation to its uses, it cannot make the least differente whether it is 50 feet or 1,000 from the sea, provided the present road is not narrowed, and it is admitted that it is to be widened to 25 feet. If, however, any actionable wrong has been done, or is about to be done, damages would meet the case. An injunction would be out of the question in my opinion, Although it has been urged that a perpetual Injuncilon the only remedy. If such were the case, as public works of any kind, however desirable, could be undertaken, for any person by his own motion might stop their prosecution, even when commenced for months as the Praya works have been, after much expense had been Incurred and contracts entered into. But apart from the merits of this particular case, whatever Sir James Russell, the Chief Justice said may be the rights of this or any other marine The plaintiff is a merchant and member lot-holder, the Jurisdiction of this Court is of the Legislative Council of the colony, oasted by the Praya Reclamation Ordinance. And the defendant is sued under section The Legislature has, by sec. 7, sub-sec. 6, 183 of Ordinance 11 of 1873, which pro-enacted that Crown lessees who have not vides the means of bringing actions against come in under sub-sec, 2 and 3 shall have the Crown in. the nature of petitions of no claim to compensation in respect of any right. The Government of Hongkong, under depreciation of his lot by reason of the the authority of a local Ordinance, are engaged said works, and the Governor is vested with In large reclamations of the Harbour of Hang- absolute discretion as to awarding compensation kong long Its wouthern boundary; and the to those who have not come into the agreement. plata'iff claims that as the Crown lessee of If the plaintiff did attempt to come in under the marine lot 83 his property will he injuriously agreement and was not permitted, or if he was affected, and has filed a petition praying refused any compensation by the Governor, still that the Government, its agents, workmen this Court cannot help him, for sectious 6 and 8 and contractors may be restrained from proceed extinguish all rights and remedies except those Ing with the works in front of this lot, as the provided by the Ordinance, namely, to have an effect of such reclamation will be to interfere equitable allotment or compensation for Injury as with his right of access and proximity to the the Governor may dedde. It is urged that rec sea, convert his holding into an inland Int and tion 6 amounts to confiscation of private rights, thus diminish the value of his property. The and that the Ordinance is ultra vires-that the matier come at prestat before the Court in the Queen cannot derogate from her own grant, and cannot, by a legislative act, take away what has return to a rule calling upon the defendant to
not issue restraining the Government, its
confess I should have liked to have seen a
public improvements in
of disallowance of laws so made and a power of Independent legislation with the advice and con- seat of the Privy Council. Besides the two restrictions expressly reserved in the chatter there is, of course, also the restrictive power of the Imperial Parliament, the statutes of which may extend to all or any parts of Her Majesty's dominions. It is clear that if no other restrictions are to be imported into the powers of the Hong kong Legislature it would be for that body, and not for the Court, to decide whether a particular Ordinance advances the objects of the peace, order, and good government" of the colony (seo Riel v. the Queen, L.R. to App, CL 675), when it was said that there was "at the least colour" for the contention that that could be a question for the Court. With the policy of the Ordinance or the adequacy of the compensation clause in it the Court can have no concern the competency of the Legislature to pass it is the only question, and it is on this question of competency that the plaintiff's counsel has sought to distinguish between legislative bodies which are representative and those which are unrepresentative, and between Legislatures established by Act of Parliament and those founded on Royal Charter. It seems to me that the highest authorities Igoore and preclude any such distinction. Phillips . Eyre, LR. 61, B. 1, bears upon the power of a Legislature established by charter. There the Governor of Jamaica had consented to an Act by the local Legislature indemnifying him against all persons for any act dose in good faith in the suppression of a rebellion which had broken out in the island. It was held that this Act was a bar to an action brought in England for false imprisonment and assault committed in the suppression of the rebellion, notwith standing that it was urged that the Crown by its charter could not confer on the Colonial Legis
to deprive subject, of his pre- rely existing sights. In giving the judgment of the Court of Exchequer Chamber, Willes I says (p. 20)-"We are satisfied that a confirmed Act of this local Legislature, lawfully constituted, whether in a settled or conquered colony, has, as to matters within its competence and the limits of its jurisdiction, the operation and force of sovereign legislation, though"
viously
raisitously insolent reply to Mr. Ward to the effect that when he shot anybody it would be a man, was a deliberate outrage on the Court, which, to my intense surprlic, the Chief Justice vermuted to pass without severe censure. The man too evidently played a part, and did his utmost to be offensively spiteful and objectionable. His denial of the outrage alleged against him, was, of course, only what was to be expected and is to be excused, but he was treading on dangerous and delicate ground when he vainly attempted to swent away the disgraceful fact, after living with Ah Ngan for six or seven years he was now living with that woman's daughter, the half-cante Emily. But the most
Minhinnett's evidence which struck me, was; important and most, suspicious matter in
the
would seem to be unanimous that justice has miscarried in this case, and it cannot be denied that the certain knowledge that two men are suffering what must be extreme hardships for an offence they never comraitted, is lar from pleasant to those who are interested in the good name of the colony, and especially to those who are in any way specially concerned in the administration of Justice. That His Excellency will give the petition his most careful considera tion goes for the asying, and Mr. Fleming's 48 an assurance that justice will be done. experience and legal acumen may be accepted
I am, Sir,
Your's troly,
upon me, and, in a quiet, snobtrusive, manner Informed me that he was in possession of a sister-in-law who was a brilliant planiste, and endowed with a charming voice" though I may inform you he said, "that she is not in the first blush of youth!? What is her age, I enquired? She is 531!! I could scarcely contain myself when I pictured this lady in the net of spreading her raxis on, the bath room floor of
dak bungalow up-country, or, racing to the railway station at midnight after a performance,
which ladles call "pecessaries." His sister-io- encumbered with the usual amount of luggage law! It may seen unkind, but his daring pro- posal to me suggests that there was one too ANOTHER LAWYER. many in his fatally, and so we will let the curtain Hongkong, 25th November, 19go.
drop gently, more easily than I fear it would [We may explain to our correspondent and to drop at the Theatre Royal, Hongkong, after her all others whom it may concern that Mrs. voice bad echoed forthGood-bye, my love, A very charming young lady wRE Goulbourn's visit to this office on the afternoon good-bye" of the 15th inst. was intended for Mr. Ward, exceedingly anxious to join the ranks of the and it was only on being informed that that "profession by becoming a member of my gentleman bad gone up the Canton river on a company but when she discovered that wa shooting trip that she requested to see Mr. extended the four beyond Bombay and Calcutts, Fraser-Smith, to whom we know for a positive she astounded me by coquiring whether I was not fact she imparted the Information about Abfraid of my people being "killed by Indians?" Ngan and Chop Dellar belag on board the Namon, bonad for Amoy.' It may Wilso be added that this lady was believed to be a witness for the defence, and not for the. prosecution as turned out to be the case¿– EL, H.K. Telegraph};ska't angew
TALENT FOR INDIA AND THE
FAR EASTWAVDAVA.
What more do my letters tell me It would be no very difficult task occupy the usual space of a three-voleme novel in recounting the plain home stories, which are perfectly visible between the lines of my correspondents' letters
show cause why an interim injunction should been granted in her executive capacity, agent, &, from filling in the harbour in fron tribunal constituted to inquire whether there of marine lot 81, &c. Ordinance 16 of 1989-were any rights and to declare them. It is some- what absurd, howevir, to suppose that where the Praya Reclamation Ordinance-was passed.
colony are needed to capy na scheme for the rednimation
that pae or more letters are entitled to block of the foreshore opposite the City of Vicloris, and the preamble states that "Whereas the fare them. But of coarse their rights ought to be shore of the Harbour of Victorin is in process of ascertained and compensated. To say, how/ver, silting up to the 'detdment of the health and com-
harbor he is always to have it whatever public Reg. v. Burah, LR. 3 App., Ca. 889, dealt with merce of the colony, and it is expedient to mil a. stan to such process and in provide a deep fron-requirements may indicate, is not reasonable; the competence of the Indian Legislature, an tage; and whereas the area of level land for but any injury of a legal nature giving him a unrepresentative body established by Act of building and for roads and quave and open right of action should be remedied by adequate Parliament, Lord Selbourne, in giving the paces along the sea front of the fit of Victoria damages. The Thames embankment cases judgment of the Privy Council, draws no distinc is insuffic to mat the growing wants of the illustrate bow owners may be injured by publiction between the different ways of conferring works, and how they are compensated. But the legislative, power. At p. 904 he says "The colnay it is expedient to enlarge the same
Act of the legislature is supreme and binding on established Courts of Justice, when question &c." The and seerian declares that the works
arises whether the prescribed limits (of legislation) this Court, and although its action may even referred to in the Ordinence ar for the improve-
have been excccded, must of necessity determine ment of the colony and for a “public purease" take away certain rights tyranously we cannot
that question and the only way in which they within the meanine nịthat term la Crown lenses. interfere. The remarks of Chief Justice Cock-
can properly do so is by looking to the terms of burn in Phillips v. Eyre. 4 L R., 2 Bare in Section 1 ennels that it shall be lawful for. the
the instrument by which, affirmatively, the paint. The Ordinance is made by the Governor Governor to camy nut the works according to certain nine which are open to inspection. The with the consent of the Legislative Council and legislative powers were created, and by which, 4th section enumerates the works authorised by duly assented to. It is made in virtue of the negatively, they are restricted. If what has been nowers conferred by the charter of the colony done is legislation, within the general scope of (see letters patent 2ch January, 1288, revoking the affirmative words which give the power, and If it violates no express condition or restriction the charter of 5th April, 1843, and granting a new charter). The charter, whilst conferring by which that power is limited (in which legislative power on the colony, reserves to Her category would, of course, be included any Act Majesty a concurrent, not paramount power of of the Imperial Parliament at variance with it), is legislating by order in Council, and reserves the not for any Court of Justice to enquire further, or to power of disallowing any Ordinance, The Praya eslarge constructively those conditions or restric- Reclamation Ordinance has not only not been tions." Lastly in Powell the Apollo Candle Co., disallowed but confirmed, as appears by Gastite LR 10 App.. Ca. 282, the case of Reg u. Burah was cited and acted upon as an authority for notification (see judgment of Cockburn, C.J., on
the extent of the powers of the New South Wales the effects of confirmation of a colonial law by Her Majesty on the advice of her responsible Legislature, a representative body established Ministers answerable to Parliament). The Co- ander an Act of the Imperial Parliament. With lonial Laws Validity Aer, 28 and 29 Vic., c 63, out sefering to other cases, the three last men shows in what respech only colonial, legislation tioned all of the highest authority-convince me that the same principles prevail, whether the may be vold for repugnancy,, whilst a late case (Powell v. The Appollo Candle Co., N.S. Legislature be representative or not, and what ever may be the manner of its creation. If an Appeal cases) and the cases therein cited and referred to affirm previous decisions that Colonial Ordinance of the Legislature of Hongkong were Legislatures within their own jurisdiction have to be deemed purely an Act of the Crown, and plenary powers of legislation, and are supreme valid only so far as it did not derogate from other Acts of the Crown, it seems to me that there within their own limits. To put the matter shortly, I am of opinion that if the pisntiff has a would be as much reason to say that it could not be afterwards repealed or altered by another cause of action at all, he is not entitled to an injunction, but only to damages. Second, that Ordinance as to say that it could not interfere any cause of action which he might have is taken with a right which the Crown has otherwise away by the Ordnance which rests in the conferred. The argument, in fact, if carried to its full length would be inconsistent with a Governor the power of saying what, if any,
power of legislation properly so called. Such a compensation should be allowed. (See judg
power must of necessity include the power to ment of Lord Macnaughten in the Mayor and Councillors, of Pietermaritzburg v. Natal Land modify, alter, and even destroy existing rights, Colonization Co., 13 Appeal Cases, 478; and though, of course, the greatest care should be Lyons. Fishmongery Co., Eng, and I. Appeals.) exercised that no injury be inflicted without adequate compensation. I therefore think that Rule discharged, with costs.
"The Praya Reclamation Ordinance, 1889" was within the competency of the Legislature.
That because a man bas had certain access to the to be controlled, by the imperial to a month from him, and she gave her drew upon my devoted shoulders. Within I could not refrain“ ‚from. remarking that I.
I
a
WUCHANG.
November 10th,
with reference to the alleged going away to Amoy on the previous Sunday morning of Ab Ngan. The evidence of Inspector Quincey showed that Ab Ngan ard her adopted daughter,, girl known as "Chop Dollar, were on board the Douglas Co.'s steamer Namoa as passengers for Amoy late on Saturday night. This fact in itself was very suspicious; Ab Ngan was the most. important witness against Minhinnelt, her absence from the trial was more than desirable, and that her secret departure from Hongkong should be timed at the eleventh hour as it were, can only be regarded, giving all respectful
the wife separated from husband, and seeking deference to the contrary opinion of Sir James
her own livelihood under an assumed name; the Russeli, with grave suspicions. Had it not been for Ms. Goulbourn calling at the
pert young Miss, who has quarrelled with her Hongkong Telegraph office on the Saturday
parents, and will go anywhere rather than afternoon, Ab Ngan's Alght to Amey would
remain another week under the family roof the fair, creature whose heart, is broken evidently not have been known to the defendants.
(BY AN OLD SKOWMAN) (DVD) maph the Namea would seem to have alarmed, the
through the abominably cruel behaviour of the But that is not all. Inspector Quincey's visit to two women, or why did "Chop Dollar," stated "Talent wanted for tour through India gentleman to whom she was to be married in the letter from the Chlef Engineer of the and the Colonies "such was the heading of my next month but upon whose face she will vessel which was read in Court, leave the advertisement in a leading London paper last never, never, never gaze again-oh! Cupid, you have a lot to answer for, even the sin of attempt- steamer early on Sunday morning? Is it not month, while I was combining business. with fair inference that she went to inform Minhinnett pleasure on a trip to the old country Talent lag to drive lovesick maidens to the extremalty of the Inspector's visit and inquiries? And is it Wanted" simple words indeed, and apparently of tour round the world; the fastidious im- not quite probable that as a result. Ab Ngan may easily understood; but it is only the experienced portant lady who is quite agreeable to join my also have come ashore prior to the steamer's thowman who knows how easily and widely company providing my testimonials. aro departure? It must be remembered that at the they are misunderstood. It would scarcely be satisfactory. My friend, Mr. Soundy, (of Bom- Police Court Ab Ngan swore she was on friendly credited by the uninitiated what an amount of bay), happened to be in England, and I felt with terms with Minhinnett, and was in receipt of trouble and anxiety that short announcemeat cut a blush that. I was safe upon this point, but its appentance, our local generally found my bankers were my bast evidence agalast him with much reluctance. twenty-four hours
postman had arrived at the conclusion that I reference, and as" I' always made a large Minhinnett, in cross-examination by Mr. Fraser-
was an advertising "tipster," or a member of advance, when desired, without obtaining any Smith, said he had not seen "Choo Dollar"! for about two years; but that he had Parliament receiving congratulations from his strong security from the receivers, I thought met Ah Ngan in the street last Sunday morning admiring constituents. On those letters 1 that it would be much more reasonable for ma about to o'clock. As the Namos left for the When I contemplate the enormous mass of to receive the references of others. The ladies Coast Ports about & a.m, Ah Ngan either did correspondence now placed in one corner of first, certainly and I fear that I have devoted not go by that vessel, or Minhinnett was guilty my sanctum, I am compelled to consider so much of my space to the softer ac that of deliberate perjury. Mr. Fraser-Smith's friends from the quantity whether there is not an shall be unable this time to tell of the "talent," should leave no stone unturned to satisfy them overplus of talent" in the country, and can- from comic singers to acrobats, whose letters, not but regret that the supply is evidently containing a full and varied description of their selves on that point. The Namoa will be here in a day or two, when it can easily be learned far in excess of the demand; or stay, perhaps multitudinous, gilts are lying in that corner. whether or not Ab Ngan went to Amoy; If she there is a depression in the market! I will select They deserye a few remarks, and they shall went, there should be no difficulty in tracing her casually from the chaos of caligraphy received have them at some other opportunity. Well, with the aid of the authorities there, if she came from members of the fair sex Young lady, Madam Marie Reze's engagements are complate asbore here prior to the steamer leaving, the ought aged at, good looking, pure contralto voice, for some years to come; Madam Adelina to be found and asked to explain under what perfect musician, R. A. M. LA., M. B., &c. Patti is la receipt of 800 for each con
Would like to travel abroad with good company. cert at which she sings; Mr. Sims Reeves circumstances and at whose instance she took passage to Amoy and for what reason she Lowest terms, iz per week and all expenses. is about to retire from the stage for the fiftieth disembarked on the Sunday morning. Mrs. Address"This reads well; an appointment ime; Mr. Santley is in Australia, Where, oh ! Goalbourn, it would appear, could render valu is arranged, and the showman is ready to receive where, am I to obtain my talent! I was never able assistance in these researches. Minhinnett his talented visitor. Twenty minutes after the at grand performance, either musical or swore he had not seen "Chop Dollar" for about hour-time is nothing to a busy man: What is this dramatic, in London, but that I wished it were two years, although it was staled in court that coming through my garden gate? Surely I have possible to transplant it on the other side of the this girl had been living with Ah Ngan at made an error and written to the wrong party world. Habylon-Landon ! What is there not I must refer. No! quite, correct-young lady, to be seen, beard, or obtained there? But I Queen's Road East for some time past. There it also room for some inquiries in this direction. 21, good looking."Come in, Madam, pray, be ramble 2. Indeed, I have been rambling for I must confess, Sir, that the evidence of Mrs. seated, Heavens! The brazen impudence of some twenty-five years, and yet have seen but an Goulbourn puzzled me greatly; it struck me that people is unfathomable, What do I see? A tall, infinitesimal portion of what this world of ours he could have told a great deal more than was got angular female who has at the lest bean a witness contains. What did you say, dear? Lunch out of her if she had felt so inclined. At the Police of forty summers and winters: a prominent ready. All right, I am with you. Readers, an
I must be diplomatic. If I am any judge of Court abe denied ever having spoken to Mr. nose, slightly rubicund at the extremity, mien revoir THOS F. HUDSON. Ward about Minhinnett's alleged outrage of the
WILI MARIA little girl; in the Supreme Court, after some physiognomy, there is trouble ahead. fencing and rather ridiculous refreshing of answer to my advertisement, madam ? Mis memory," which were not altogether beyond if you please (ch, dear 1) Are you the gentleman (FROM OUR OWN CORRESPONDENT.) suspicion, she admitted she had spoken to requiring musical talent for alroad "I have these we Ward on the subject. My firm impression was, that bonor, Madam Miss, I beg your pardon." On Monday, 3rd November, there was heard and is now, that Mrs. Goulbourn could have, "Oh, then, I have no doubt that I shall suit you for the first time on the banks of the Han, the thrown a great deal of interesting light on the exactly. Would you like to hear me sing and whistle of the locomotive which has been an matter, and that Mr. Ward was well aware of it, play "Certainly madam-miss;
to China's progress. It is to be feared that not With a diabolical attempt at a smile the very much a meant by the fact, but fact it is, that but for some reason or other tried his best to and this an excellent instrument you will ingredient of so many prophetic perorations, as shield her from the consequences of her false evidence at the Police Court by pressing "talent reaches the plans, and after an enor locomotive engine has been put together and her just as little as possible, and being mous amount of stool-twisting" fidgetting, and has actually run along the tramway at the satisfied with answers which, so far as he was dress-arranging, down come the bony digits with Viceroy's Iron Works. A locomotive, sterm personally concerned, were far from satisfactory such a bang on our favorite "grand, that a crane is also ready to show its wonders to a land That some understanding existed between Ward bachelor friend of mine, whose nervousness fo accustomed only to the chorus of innumerable and the witness was perfectly plain, and that the presence of ladies has carried him behint coolies. It is at any rate the attainment of a near this understanding, whatever it may have been, a screen, all but betrays his presence by one of stage of progress that an engine is to be seen and was unknown to Mr. Fraser-Smith, was shown the most exalted jamps he ever attempted, The examined by the natives here, and some Ides by the evidently unexpected question that automatic symphony ended, the “talent" asks gained efits powers. An ounce of sight in work a Mr. Justice Clarke said-I agree that this
gentleman asked Mrs. Goulbourn relating to her me what she shall sing. "Your own choice, ton of hearsay. As the general progress of the. application should be dismissed on the two-fold
visit at his office, a visit which appeared to Madam-Miss.” Now for the pure contralto '!'! cotton and ironworks, even the energy of an grounds-(1) that the case, apart from the
puzzle the Chief Justice greatly, and which the Shades of but, there; I will not inflict upon imporious Viceroy overcome the dawdle natural Ordinance, is not use for an infanction, and (2)
lady tried to explain in a most helpless and my readers a description of the agony we suffered to Chins. The country whese servants think that the words complained of are authorized by
Incomprehensible fashion. If the whole truth "Very good, indeed Mis-Madam will that a delay of half an hour for a meal matters an Act of the Legislature. It may be that a
were known, it would, in my opinion, be found you oblige me by leaving your permanent little, and whose boatmen delay a day or two Croma lessee, holding an ordinary Crown lease
that Mr. Goulbourn origitially gave Mr. Ward the address, as perhaps it will be necessary for me quite cheerfully to "buy things," now that it sets for 999 years with a frontage to the harbour, has
Information embodied in the document handed to telegraph to you. Thank you, good-morning," to build/manufactories can't be expected to forego a right of access from the harbour to his property
Let me see: the delicious dallying over detail for a few months: by the Editor of the Telegraph to the Registrar, Phew. And I am safe once more, with which the Crownwould, apart from legislative
SIR,It afforded me, and I am sure many General; and afterwards, at the Magistracy she it is nearly time for my next interview-and here No doubt movement will be visible, soon; even How, outer walls, drains, etc., are here and there any property in the foreabors, and I think that others of your readers, great satisfaction to read was either influenced or coerced into denying Is the letter: la reply to, &c., &c.,
in construction, and no denbt, if not sooner, the it would make no difference that there was, if the interesting and able letter of the corres- all knowledge of the transaction, a denial that very much like to travel. I am very younga
Chinese New Year, the siren which lulls to rest was strangely qualified by various suspicions have had great experience on the stage as vocall may use the expression, an intermediate frontage pondcat who signed himself "Legal," published on a pubile road. In such a case the access to in Saturday's Telegraph. Your correspondent admissions at the Supreme Court. Assuming and pianiste. An interview would oblige & so many great, seturinal undertakings, will con- the two highways, land and water, might be gives a concise, clear, and impartial resume of my surmises to be well founded, this woman Here she comes, and a pretty girl too Tats geal general intentions into faltial facts, and an element of value in the lease entering into the the entire case, and on comparing it with what must be held to a very great extent responsible, looks better: "How do you do? Are you Mr Your recent caract from the Chintle Times consideration of the parties when the premium I myself heard in court and the published reports and it would be a grave responsibility to anyone, Miss Dear me, how condemning: Chang Chibi-tung and Lia Ming. was fixed and the rent reserved such access, and of the trini, I find nothing stated that is not with a conscience, for the unjust conviction and stranges, bal kaj halla merry little laugh) chusn for wasto, of hopes and money is only to take away such access or diminish it er absolutely warranted by facts. The conclusions imprisonment of Messrs. Fraser-Smith and Ward, Do you know mamma told me that you were partially correct, and errs in applying a Westera The extraordinary blunder on the part of Mr. certainly an old gentleman with a bald head standard to Eastern statesman. We must first good Intention and clear sight render it more distant might and probably would arrived at that the verdict of the four jurors, be an injury to the permanent value of the lease, which is Hongkong unfortunately stands, even Rodyk in not going into the witness box has Do you think I shall suit you!" "Well, Mint, give the credity whether with reference to the occupation or sale in important criminal cases, as the verdict of the naturally caused a deal of discussion amongst at present I really cannot gue you a definite of an alumac goal. We must then make sllow. of the property. But it has been pointed out whole, was unjustified by direct evidence of any his brother solicitors in the colony, as there reply. You state that you have had great ance for want of historio perspective and It should, I think, have sposared in the affidavits kind whatsoever; that the evidence from begin cannot be any uncertainty that, but for his mis experience" "Ob, yes, for this past two economic proportioas, hess wants, will bring Llosa 1; it remains to be seen whether in support of the application-that the lease was ning to end was overwhelmingly in favor of the taken confidence in the intelligence and Impar-winters I have sens at out Saturday Night|| Borow
etermined mina, Chẳng Chi-tung, may, fairly granted for the pedal and Himmlied purposes of defendants that the statements on oath made tiality of the special jury, an unanimous verdict School concerts, and played nearly all the they can damage fatally, the schemes, of
City Hall and that it could not be let, sub-let, by Major-General Gordon, Acting Captain of "not guilty" must inevitably, have been accompaniments,"" On; indeed 1# Will you
Princeps in the East, cán do great morigaged or otherwise assigned er parted with, Superintendent of Police, which completely returned. Mr. Rodyk frankly admits his error give me an Illustration of your abilities bellave, from the past, history of Chinks that ha grape the truth that the areng DË These restrictions seem to me is go to the root of earled Mr. Fraser-Smith from all particips and responsibility, and will no doubt do all in Well, I'm scarcely prepared for fad you
Changed and that China, with Its the plaintiff application, The lasse has motion in, ex knowledge of the information sworn his power to make amends for the painful results know I was going to bring my mune,
kɛgymnastics on the stage of the market value at all, and whatever the purposes against Minhinnett (and it must not be forgotten caused by his unfortunate error of judgment, by mumma aid she was sure it would be quite
nisplaced as a vetera of a City Hall may be it is not shows that they that this information was the actual conspiracy), making proper representations on the subject unnecatury." "So It: is, quite unnecessary,
the fist time in an could not be equally well served if access to and the Major-General's, frank svowal that the to, the Governor In Council, etc. But there I have plenty of selections hire." "Yes, I too
ight-cared emilyger. He chen-sighted enoug the tea were farther distant than it is at present, satire responsibility for the prosecution sy is one thing more in this connection, which has you have a lot of manic (sooking it over), but The plafali bu, therefore, in my opinion; with him alone were totally ignored that silcited considerable comment in legal, circles, can't just see anything; that I know, CA falled to make out suck a case of irreparable the summing up of the learned Chief Justice, and that is, the action of the Chief Justice, His jadeed, Well, you will Hadly leave four to see the need of a new crafif his injury, indeed of actual injury, as would which almost directed an acquittal, was over lordship, in passing sentence chose to be very permanent address,
toric perspectiva prevents his unders warrant the Court la granting an lajunction, ruled and that the defendants were in coase savere, and properly so no doubt, on Mr. The love of havel is undoubtedly a charme the mic Aghter will nord, muc on the other point it is not disputed that the quence wrongfully found guilty are quite Rodyk'a regrettable and inexĉarable lagaus, but teritis trait of the English mis er woman, and coaching and hard uniging, belera works are within the terms of the Ordinance, unassailable and will be endorsed by every Im it did not appear to occur to him that he himself should an opportunity of "going shrdad #beroice will contented craw but it is suggested that the Ordinance, is yllys partial lawyer in the colony. A great injustice was not altogether beyond the reach of merited missed, the fact will be remembered for many viris because it affects the position of a'Crown has undoubtedly been done, a not unknown censure. It wall known in all criminal trigia, years by men with regret, and by worsen Lessee. It is said that the Crown having virty thing in locul trials, and it is beyond any manner where the accused are not defended by counsel, a sigh. They never think of the home sicki ally all the legislativo power in its hands cannot of doubt, the duty of the Executive and of the that it is the duty of the presiding judge to assist, which is inevitable sooner or later, by an Act of the Legislature derogate frema Hongkong community to see that respectable and guide them as far as possible in the interests forts which are more or less unavold. lease which it has granted in its executive capacitizens who have committed no crims are not of Justice. Why did not Sir James Russall remind; traveller round the world on hdsiness, city. As was pointed out during the argument, made to suffer a degrading punishment through Mr. Fraser-Smith when the latter had closed air am going for a trip abroad T if this were so, the power of the Local Legisla. the blundering or unreasoning personal pre- case, that he had not called the promised thipen few words seem to cover all ture to provide for public Improvement and Indices of even such an august tribunal as the syidence as to having taken legal advice) disagreeable item attached to the underta aliation would be materially crippled to four special jurors who formed the majority of Legal opinion in the colony asserts that it Another applicant must decribo PA deli was his duty to do so, and his lordship well educated young lady, whose wall taken few examplesonly! No new law could be one, last Wednesday afternoon.
As a lawyer who watched the trial closely and cannot possibly say the matter lipped his attire was scrupulously hea, and uns made for the consaction and upkeep of private meer de carafal cruithy of memory of that he overlooked as he actually the daughter of decreed cleayman drains and watercourses y many provisions of the Public Health Ordinance.would be vold; no enilze proceedings, I'venture to offer few com had a law book opes before him from which, in of an Influential parian; the sole support building Ordinances would be possible, and noments on two of the witnesses for the prosecution, suraming up, be quoted & case showing that the mother and an Invalid bother tromway or railway enterprise could be padez Minhinseit and Mrs. Goulbourn, The former's defendant in a malicious prosecution, who had earning a precasions appport for the taken except by the Government. It is necessary demeanour in the box was somewhat singular acted on legal advice, was practically exonerated. Initiating the young ides into the my however, to go beyond the argumentum að in and anything but prepossessing, His aukwara | A suggestion to Mr. Fraser-Smith at the proper music at the enormous renuntiato conveniant, which perhaps has small place in a under cross-examination Ware, pot to way too time would I presume have at once plaged Mr. shillings per head per Court of law, and us what the powers expressed much, grossly insulting and in soma instances Rodykinthe witness-box with the testimony which creature was willing. to be conferred on the Legislature are, and decidedly avasive and equivocal. His vindictive kwarkderwards, but too late, presented in the form thing-under karmots whether there is to authority for limiting them insinuation, I am wrong, it was more of an affidavit; that suggestion, however, was not |, and was quite sure nuation, it was a direct ration given, for reasons I cannot pretend to fathom or useful, is Albour in the way suggesed. In the charter of the than as
[raser-5mi had conco the explain, b
but that it ought to have been riyan, iflond of travel and it. colony, Her May in the exercise of an un
the woman Ahlonly yasa matter of justice, is beyond all question.amonat of good ti questioned pherofalve, has provided that the als Governor by and with the advice and conscht of the Legislative Council, may, pake aws for the peace, order, and good government of the 'colony, and hay reserved to Marsell only a
the Gelinance The th enables the Governor to remove all beertions to the work, a piers. wharons, &c. The 6th section' 1 of rather a swe-ninprature and as follow: All the land and foreshore and hed if the sea to be reclaimed under this Ordinance and all the land occupied by the sens Prays roadway and wall along the line of the intended reclamation is hereby declared to be ablutely the imperty of the Cm- free from sny restrictions whatever, and the Governer hall have power, subject to the provisions of this Ordinance, to deal with the sme and to dispor of the same for building or any other purnote in the spa way and to as full an extent ns in the case of other Crown lands; and all property, estate rights or supposed rights and easements or supposed ensements of any persons or class of persons, whether Crown lease- holders or licensees or otherwise to the uses or possession or occupation of, in, over, or in any way in relation to such land foreshore, bed of the sea, embankment, reclamation or Praya roadway and wall, or in relation to any wharf, landing place, pler or other place situated thereupon, are hereby declared to be absolutely extinguished and determined." The 7th section states that a large majority of the Crown lessees have declared their readiness to pay a share of the expense of the reclamation if the Governor will agree to grant them an equitable proportion of the lend reclaimed in the front of their Ints, and a form of agreement is appended to the Ordinance which gives effect to the equitable rights of the Crown lessers which the Secretary of State, pointed out as far back as the year 1857, as appears by Govern ment notification also. in which also the claims of the Crown to reclaimed land are asserted and notified. (See Government Gazette of 7th March 1857). It is also enacted that a plan showing how much land allotted to each leaseholder shall be exhibited at the land office with the amount to be contributed by him, and within two months from the publication of the schedule of allotments lessees are required to state whe- ther they are prepared to enter into the pro-authority; have no right to interfere by virtue of posed agreement, ind within another month the Governor may enter into the agreement with those who desire to come into the arrangement. Sub-section 6 of sec. 7 enacts as follows-" In case any lessee shall not signify this acceptance in the manner and within the time provided in sub-sections 2 and 3 of this section, he shall have no claim to any compensation in respect of any depreciation of his lat by reason of the said works, but the Governor may if he thinks fit award to him such a sum of money or such a Crown lease of new land as he, in his absolute discretion, may think sufficient as and by way of compensation for any injury that each lessee may have sustained by the said works." Sec- tion 8 "Except as in this Ordinance provided no marine lot-bolder or other person shall be entitled, as against the Crown, to any damages or compensation for the depreciation or in- Jurious affecting of his property or business caused by or resulting either directly or remotely from any of the said works." From # examination of the affidavits read in this matter and the counterpart of the Crown lease of M. lot 8, which was put in by the Acting Attorney-General, it appears that in 866 the Governor for and in behalf of Her Majesty demised to Mr.. Ryde, Mr. Alexander Turing, and Mr. J. McDouali a piece of ground abatting on the Prays and containing 28,800 quare feet. Its northern boundary abate on Government ground, and is about go feet from the Prayn wall. The south and east boundaries are also on Government ground, and the western boundary is on a public street. The amount pald was a nominal sum of $5, and the rental reserved was $1 per annum, and it was granted to these three gentlemen, as trustees, as a site for City Hall, The lessees have attached their. ames to a declaration that although the value of the site is considerable the demise has been made of Her Majesty's favour without pecuniary consideration, but upon the condition these 'sald premises shall not be used nor say part of them for any other purpose than a City Hall in pain of forfeiture, and they have covenanted not to gablet, mortgage or sell or make any other ess of the site than that for which it was granted. What ever therefore may be said as to the characteristics of marine lots to the bigh price paid to the Government for them because of right of access and proximity to the men, the higher rents reserved and their greater valse in the market when they came to be sold-ittle can be said in these respects about this so-called mirine lot. 82, which cost, practically nothing, and cannot be itt, sold or mortgaged. It has not shows that any sight of access to the sus- kad beam enjoyed by the plaintiff were then say
M
CORRESPONDENCE.
CWT de poi necessarily endone the opixlons expressed by Correspondente this column).
THE CONSPIRACY CASE.
To raz Korra or xms "Konexons Tezzera TI"
her to. I am glad to hear that an influentially "pathetic side of huma
ry supported petition to his Excellency, the Officer Administering the Government is well under way, as pobiq opinion, so far no 3 cam savirtain,
diculous sometimes,
Boom for a musician
ju
at once the colossal ironwoŤ
pikn
fact,
that
Hence he plunges into the midst, and without weighing cart or traiding, with a sublimg.cons fidence in his country's resources and his coun.
well-grounded, in the maio,
rgest, mint in the world,
ies, clothwo;ka, mint at any rate in an, seco) ere is no reasons” by it shoul
[slowly; to: perfect „ana), anoth he might thoroughly schemes. Ar it in the long delay "the actual balldings, startock while x bighly com petent and therefore cost ya Europead star is da the ground, the heavy drain upon the exchèque of a poor province, the many frons in the fire make sympaibetič dulaakers fear.) China must her own" batiles and buy"ber aku asper).
and mork rectitude 'after mRNA)
skipan China
Hay