Mr. Stade for the defendant relied much on a similar dictum Lord Selborne, L.C., in Goodman y. Mayor of Saltash supra. In that case in the course of his judgment Lord Selborne said, at p. 639 of the report:-"The special case, no doubt, does not find that such fishery was of right' (which would have been to prejudge the question of law left for the opinion of the Court) but only that it was under a claim of right. But an open and uninterrupted enjoyment frontime inmemorial under a claim of right seems to me to be all that is necessary for a presumption that it had such an origin as would establish the right, if a lawful'origina was reasonably possible in law. That in such a pase a lawful origin ought to be presumed, if it is reasonably possible, is established by many
Authorities."
30.
THE HONGKONG TELEGRAPH, SATURDAY, JUNE 30, 1900.
The term of this lease shall be og years. Then follow clauses containing stipulations of various kinds, for the most part directed to the protec tion of certain rights of Chinese officials and people. And the fifth clause is in the following terms It is further understood that there will be
expropriation or expulsion of the in- habitants of the district included within the ex- tension, and that if land is required for public offices, fortifications, or like official purposes, il shall be bought at a fair price."
What, then, is the meaning of this clause? Has it the effect, as contended for by the de- fendant, of limiting or controlling the power and discretion of the Crown in relation to the rights of property of the inhabitants of the leased district? Let us see what is the exact meaning of "expropriation." The word is de- Assuming then that these or similar general fined as "the act of dispossessing an owner, principles can properly be applied to the poin! either wholly or to a limited extent, of his pro now under consideration, I am prepared to hold perty or proprietary rights." It is clear that that it is reasonably possible that the right the intention of the Chiness Government, in claimed by the defendant may have ind a law causing such a stipulation to be embodied in ful origin, and that it should be recognized the Convention, was to ensure that their sub- as valid and subsisting at the date of the Con-jects in the territory to be handed over to Great vention and also of the agreement. In fur ther of opinion that this right, exercised in the manner in which it is shown to have been exercised by the defendant, may properly be described as a valuable or quasi-proprietary right, and that the defendant may also properly be described as one of the owners of the right. In this state of facts de Agreement was executed, and it is clear that it had or purported to have the effect of interfering with and indeed at nullifying the right of the defondant. It is contended by thenfendant that the agreem was executed by the Governor contrary to the stipulations of the Convention, and that it was therefore tra virs and cannot operate to deprive the defendant of his nigh. Bit to this it was answered by Mr. Sharp, in the course of his alle argument for the plaintifs, that the making of the Convention was an of State and that it is not competent to the Coart to
was founded was that the transactions of in-
dependent sovereign States between each other are governed by other laws than those which municipal courts administer: sach courts have neither the means of deciding what is right, nor the power of enferring any decision which they may make."
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ritain should be secured in the enjoyment, free from deprivation or interference by any person, of their rights of property and of re- sidence in the territory. The power of expra- priation was to be limited to the sale case of land required for public purposes, it being pro- vided that land so required should be bought or “at a fair price." In the present instance I think that the granting to the plaintiffs of an exclusive right to the use and possession of the submarine area comprised in Lantao Marine Lot No. 2 amounted to an expropriation of the defendant in respect of his right of taking and appropriating coal and shells from that area. And when the plaintiffs' title is challenged on this ground, I think the answer must be, that the Crown had no power to confer such title.
As to the general right of the Crown to make a lease or grant of land covered by the sea with in the territorial limits, in Hall's Essay on the Rights of the Crown and the Privileges of the Subject in the Sea Shores of the Realm, at p. 6, àf is said :-" The title of the King of Eng land to the land or soil aquit maris cooperta is simile his title to all the terra firma in his huminions, as the first and original proprietor and lun paramount. form of England has become, almost entirely, the property (by grant and tenure) of the sub. jeet. But the ferva agua maris cooperta still remmins in the King in wide and barten owner- ship. Some rare and antique instances may indeed he found of actual grants, by Kings of England, of certain portions of land under the sa, fe of both sea and land, to a certain extent. These grants have been made in such places where some creek or bay, has afforded the means of exclusive possession." And the author proceeds to quote a text writer who says it is very disputable whether such grants can he effectively made. From all which it would
The terra
seem that the right of making such grants, assuming it to exist, is in abeyance in modern
inquire into any matter connected with it. Three cases were end to, support of this post. tion. In Setary of State in Council of India x. Kanchee Baye Sañada, 13 Some PC.C. 22, the facts were that the Kajah of Tanjore, a dive independent sovereign, but in irtue of treaties under the protection of the East India Company, having died without leaving issue mate, the Company, the exercise of their savereign power and in trust for thé bratisl Cavernment, seized the Raj of Tanjore, and the whole of the property of the deceased Rajab, as an escheat, in the ground that the dignity of the Raj was extinct for want of a ale brit, and that the property of the fate Rajah lapsed to the British Government. À suit was instituted by the respondeat claiming, for herself as the chiest widow of the deceased Haph and for the first married among his sur viving widows, his private estate and effects. The respondent obtained a decree in the Supreme Court at Madras, but on appeal this decice was reversed by the Judicicial Com mitce, which held that the seizure of the
nes In The Encyclopedia of the Laws of deceased Rajah's property was an act of State
England, sro" Prerogative," it is said:~" Even by a sovereign power and that the Supreme so there remain if the books a large number of Court had no jurisdiction in respect of it." The prerogative powers, which, though never for general principle of law on which this decisionmally repeated, are now never exercised. Laws in England are not abrogated by disuctude, but the revival of disused prerogatives would be regarded with great jealousy." And this leads me to say that when a question of right is raised in a court of law, that question must be deter mined with reference to legal considerations alime, and its determination cannot be influen- The decision was followed by Malins, V.C.ced or affected by any putical considerations in Tross. Servetary of State for Iulia in which may be involved in the case. But, bay Council, L.R. 19 En, soy. In that case certain in regard to the special and unusual circum. creditors of the King of Oudh, whose kingdom stances of this case, I may perhaps be excused had been annexed by the East India Company for drawing attention to two official expressions as trustees for the British Government, sued
of opinion which seem to have some bearing on the S... ry of State for India claiming to be the matter in hand. On the 8th October, 1898, entitled
to a charge upon the revenue of the Mr. Stewart Lockhart, Colonial Secretary of territory of Oudh. But it was held by the Vice- the Colony, acting as Special Commissioner for that purpose, made to the Colonial Office an claborite "Report on the Extension of the Colony of Hongkong." The concluding The last of the three cases and the one most paragraph of that report is in the following relied upon by Mr. Sharp is Cook v. Sprigg, terms "In conclusion, it may, I trust, bec [1890] A. C. 572. There the paramount chief gathered from the account of the new territory of Podoland had granted certain concessions that it will form a valuable extension of Hong for railway and other rights to the appellants. kong. It favourably situated, has good After the emneessions had been granted, Pon- harbours with safe anchorages, possesses a rich daland was annexed to and became part of the soil, and is inhabited by an industrious, hardy, British dominions, and the appellants sought to and frugal race. Under Chinese rule enterprise enforce against the Crown the privileges and has been at a discount, and progress has been rights conferred by the concessions,
But it
at a standstill for centuries. The San On dis- was held by the Judicial Committee, affirming trict of to-day must be much the same as it was the judgement of the Supreme Court of the four or five hundred years ago. But when Cape of Good Hope and following Secretary British rule is established, and the people realise of State in Council of India &, Kamachee Bage that justice prevails, that they are allowed to Sahaba supra, that they could not do this, on the ground that annexation is an act of State from illicit extortions, and that there is no un- pursue their avocations in peace and freedom and any obligation assumed under a treaty to necessary interference with their manners and that effect, either to the ceding sovereign or to customs, the spirit of enterprise will soon individuals, is not one which municipal courts manifest itself, capitalists will be attracted to a are authorized to enforce.
region where their capital is not liable to official "squeezes,' the resources of the country will be developed, and its prosperity will continue to increase."
Chancellor that the annexation was a sovereign act of State which could not be reviewed by a municipal court.
I have carefully examined these cases, and am bound to say that in the last case especially the language of the judgment is very compre- hensive. let, on the best consideration that I
Still more authoritative and still more to the can give to them, I have come to the conclusion point is the following extract from a despatch that these cases are distinguishable from the of the Secretary of State for the Colonies to case now before the Court. In the cases cited the Governor of the Colony, bearing date the an attempt was made to enforce an obligation th January, 1899. In this despatch Afr. Cham alleged to grow directly out of the act of State berlain communicates to the Governor the or to obtain redress for a wrong alleged to be views of Her Majesty's Government as to the involved directly in such act. And the proceed-future administration of the leased district, and ings
those cases were taken by private per- in paragraph 24, dealing with the question of sons against the sovereign committing the act
titles to land, there occurs the following of State, But in the present case the subject passage →→ matter of the suit is not connected directly but The examination into titles should not be only indirectly with the act of State, and the of too technical a nature, and where lengthened proceedings are by two private persons against occupation or improvements can be shown, another private person. It is alleged by the with no adverse claims from private indivi- plaintiffs that a private right has been created in their favour by the Crown and that the deduals, a Government title should be granted,
premises by the Crown to the plaintiffs involves a denial and deprivation of that right and is an expropriation of the defendant within the meaning of the Convention; that by the termi of the Convention the Crown was unable to confer on the plaintiffs a title involving such expropriation; and that the plaintiff's are conse quently anable to make title to the premises in exclusion of the defendant when acting in the exercise of his right. In my opinion, therefore, the plaintifs are not entitled to maintain this suit against the defendant, and judgment must be entered for the defendant, with costs.
-The Puisne Judge arrived at a conclusion: at that the plaintiff's were entitled to $1 as dam variance with that of the Chief Justice, holding ages and to their costs of suit.
A full report of the Acting Puise Judge's remarks will be given on Monday.
Judgment for the defendant was given. Mr. E. Hamilton Sharp (instructed by Messrs. Deacon and Hastings)appeared for the plaintiffs Wilkinson and Grist) for the defendant, and Mr. M. W. Sinde, instructed by Messrs.
AT THE MAGISTRACY.
Our morning contemporary has recently re novel to the Fraya and on account of the necessary refurnishing going on, certain articles were left lying aboul, including some gas brackets,
One of these attracted the attention of a
MAFEKING'S DEFENDERS,
GARRISON, NUMBERED DARELY S00 MEN.
RELIEVERS AMAZED,
REVENGE FOR LIGHT MONTHS OF HULLYING.
(From Daily Mail Correspondent, Lady Sarah Wilson.)
Mafeking, Friday, May 18 (via Kimberley, Friday, May 25).
smallness of Mafeking.
The relief column express amazement at the
It may not be generally known that, whils the area of the houses is barely a square mile, the line of circumference of the defences measures eight miles. To defend this, barely Boo men were available, of whom 400 were the Town Guard.
Our artillery consisted of four old muzzle.
loading 7-pounders, which were constantly in the blacksmith's shop undergoing repairs, four Maxims, one Hotchkiss, one Nordenfelt, one old ship gun firing cannon-balls, and a home. made howitzer,
None of this artilleryphad more than 8,000 yards range.
with modern artillery, and we had to sit dumb, For eight months the Boers had bullied as but yesterday we had our revenge.
It is impossible to express the delight of the covetous coolie and was duly annexed by him.dian Artillery gallop gaily into action after their town at seeing the fine Royal Horse and Cana. He appeared befors Mr. Hazeland this morn- ing, and, in turn, has been annexed to the
marvellous march of 300 miles in twelve days, Goal Buildings as an inthate for 14 days with
and then watching the effect of their accurately aimed shells, mostly high shrapnel, bursting hard labour.
immediately over the laager.
*
A coalie called Kwai Wo was foolish enough to get wandering from his home, which
packed, was cleared in twenty minutes.
The Bock, encampment, which was already
is at San Ning, yesterday without taking suffi- ing close to the small cemetery. Colonel Thanksgiving services were held this morn cien provisions. to last him over his Journey. Baden-Powell impressively addressed all the Coming to Kowloon City Hotel he saw some thing tempting in the shape of a pound of sausaison, and then, three volleys were fired ages and a pound and a half of juicy beetsteak the property of Mr. Woodcock.
Over come by the pangs of hunger he yielded He was captured however and he will for the to the temptation and ran way with these morsels. next three months exist on prison fare, in which, we expect, Stusages and beefsteak do not form items.
Road observed an "unknown" evidently in A Chinese constable, un duty at Wanchai specting doorways and windows with a view to finding which would be the best crib to
crack,"
live in for three months where he can carry The Magistrate gave him a nice little cell to on his studies in burglary during the intervals allowed by imprisonment with hard labour for that period.
A JACOBITE RELIC IN SHANGHAI.
Goodness only knows how it got here, says the Shanghai Daily Press, but there was dug up a few days ago from the bottom of a muky old mass of half-forgotten papers, books, and miscellaneous articles hidden away in the strong-room of the British Consulate of Shangbai, a genuine and highly interesting.relic of Prince Charles Edward Stuart, the Young Pretender. It was a handsome white metal "ten- caddy," which, as an ancient looking piece of parchment enclosed within stated, had been the identical receptacle in which the unfortunate Prince carried his tea, whenever he was lucky enough to have any, throughout the dark year 1746 when he was being hunted through the Highlands and Western Isles after the fatal field of Culloden. The parchment further relates that the caddy was originally the property of Flora Macdonald, the heroic shares of the Prince's vicissitudes and adventures. It stands about eight inches high, is of a handsome fluted pat tern, and is inscribed with Flom Macdonald's monogram on the cover. It no doubt formed part here of some "deceased estate," which the Consulate administered, and, most likely, gol shoved aside and forgotten. It is now in the possession of Mr. T. Macdonald, Usher and Clerk of the Summary Court, who will be glad to show it to the curinus in such matters, and who, it is said, if the relic is not claimed, intends to send it home to some Scottish anti quarian society.
COINERS IN PERAK.
The Perak Pioneer reports that the police there have unearthed a nest of coiners and counterfeiters, who have been carrying on their trade in all parts of the Federated Malay States. The spurious coin turned out by the gang is reported to be an admirable imitation of the dollar.
GUARDING BOER PRISONERS.
AN UNWELCOME TASK.
The
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over the graves of our fallen comrades.
At the conclusion of the service, the Last sung. A general inspection of the relief column Post was played and the National Anthem followed.
Colonel Plumer's force leaves for Kamath. labama to-morrow to repair the line of the north, which should be accomplished under a
week.
The Canadians and the Queen's Lancers expecial interest, also the picked men of the comprised in Colonel Plumer's force cause Irish Fusiliers and Welsh Fusiliers in Colonel Mahon's column.
Provisions are beginning to arrive from the ever, in steing a few boxes of her Majesty's north. The garrison is mainly interested, how: chocolate of which they have heard so much.
May I now plead to the generous English public for subscriptions for the refugees and the sisters of the convent?
Both hiwe rendered great and valuable services, and have incurred the loss of all their property, while the refugees are mostly I am leaving for England when the line is
destitute.
opened.
SARAH WILSON.
MAFERING TOOK IT COOLLY.
MAFERING, Friday, May 18th.
At half-past one on Wednesday afternoon we head the booming of guns from the northwest. At three o'clock a pigeon despatch came in saying that the relief coluran had left Masibili in the morning, and was coming in.
Darkness was drawing on, when Major Karri Davies and eight raen of the Imperial Light Horse entered the market-square. Mafeking took its relief very quietly. One of the troopers stopped a passer by and said "Hi! We're the relief column.".
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ANNIVERSARIES. 1607-Cardinal Baronius died.
HONGKONG AND WHAMPOA DOCK RETURNS, U.S.S. Monterey
at. Kowloon
TORON ******
168Archibald Campbell, Earl of Argyle, bo Changsha..........
headed.
Freiburg 1840-British expedition to China arrived.
Banca 1853-End of the Bunnese war.
Goodwin 1861-Sir H. Robinson dismissed all the Chi- nese headmen of Hongkong. 1876-A section of the Shanghai-Woosung
Railway opene 1891-The Takashima coal nines flooded. 1897-Punitive force ordered to take, possession
of Poona. 1898-1st Convoy of American traps arrive at
Manila-P. & O., steamer Ganges au tirely destroyed by fire in Bombay. 1899-Russian influence for the removal of Mr.
Claude Kinder removed.
Į.
TO-MORROW.
Sunday, 1st June, 1900. Chinese-sh-of 6th moon of 26th year of
&wang-an. Sun-Rises
Sats
High water-Morning Morning Low water-Morning. Afternoon
- ANNIVERSARIES.
shr, 20min.
Chr. 47min.
ahr. 40min.
shr. amin.
gür, 28min.
Chr. 7min.
་
1690-Battle of the Boyne, 1851-First steamer on the Thames. 1844—Mr. H. C. Sirr, the first. Hongkong bar-
rister arrived. 1854--Meeting of the first Cape Parliament, 1857--Hakodate, Kanagawa and Nagasaki
opened to foreign trade. 1862 Princess Alice married.. 1875--Green Island Light first exhibited. 1893-Two Swedish missionaries murdered
near Hankow.
1896-Reported discovery by Dr. Yersin of a
cure for plague. 1898-Wei-i-wei convention signed by the
Tsungli-yarmen."- 1899-Kinochów Cusion House opened at
Tsingtao..
AGENDA.
TO-MORROW,
CHURCH SERVICES,
St. John's Cathedral-Communion, 7 an, Roman Catholic Cathedrai:-Mass at 6 am.
Matins, 1a.m., Evensong, 5.45 p.m.
7 am 8 am, and 9.30 am. Benediction,
5 p.m.
German Bethesda Chapel, West Point: Union Church-Services, 11'.. and 6-p.m.
Morning Service, I am.
St. Francis' Church, Wanchai-Mass (Chin) 6 am, (Port.), 7.30 am. Benediction, 5 p.in.
St.
Joseph's Church, Garden Road-Morning
Service (English), 9 a.m.
8 a.m.
St. Anthony's Chapel, West Point:-Mass, Wesleyan Methodist Church':-Services, 10.30
a. and 5.45.p.m.
St. Peter's Soamen's Church:- a.m. and
6.30 p.m.
St: Feter's Church, West Point 2.1. Hymn Venite, Bentinck Te Deum, Russell & Bonedictus, Goss: Hymns 40, 331, 211, 6.30 pim.: Hymn 17 Magnificat, Woodward; Nunc Dimittis, Hiles; Hymas .332, 337, 21.
'.
:
MONDAY, 2nd july, The Transfer Books of the H. K. Land Invest-
ment and Agency Co., will be closed, 3pm-Public Auction Sale of Crown Land (Lots 321 and 322) at the offices of the 1. W, D.
4
1
"Oh, indeed," said the citizen; "we heard you were about outside," and proceeded on hisO, S. Co.'s steamer Ulysses leaves for Liver errand, which was to draw his rations. The
pool (direct). amazed trooper exclaimed, “Well, he takes îl
p.m.-Cargo ex Blanca sabject to rent! pretty coolly."
8.30 for 9 p.m.-Regular Meeting of the Zetland Lodge, at Freemasons' Hall.
TUESDAY, 3rd.
The field cornet who failed to support, Com- mandant Eloff in his attack on Mafcking, wrote him a letter of sympathy after his capture.
Eloff replied that he hoped the Devil and all his angels would torment him eternally, and that he and his would rot.—Reuter's Speciál
RUBBER FOR MILD CLIMES,
D. & Co.'s steamer Ettrickdale leaves for New
York via Suez Canal.
N.. P. S. Co.'s steamer Glenogle leaves for
Victoria B.C. and Tacuma.
N.. L. steamer Sambia leaves for Havre and
Hamburg.
In a recent lecture at the Paris Academic des Sciences, Messrs. I. Dybowski and G. Frou introduced a new rubber-furnishing plant, a1 native of Northern China. This new plant, called Encomia Minoides, whose fruit contain over twenty-seven per cent. of India-rubber, has great economic advantages. It can easily be cultivated in countries of a mild climate.
SUGGESTIVE OF POE.
PARIS, Saturday, May 26th-A tragedy is re- ported from Clichy which bears a certain like.
C. N. Co's steamer Sungbiung leaves for
Manila.
am-Public Auction Sale of Valuable Messuages and Premises (Lot 251) by Messrs. Hughes and Hough, a.m.-Private Meeting of Shareholders of the Great Eastern and Caledonian Gold Mining Co, Ltd.
11:30
3 p.m.-1, C. 5. N. Co's steamer Onsang,
leaves for Singapore, Samarang and Sourabaya.
FEDNESDAY, 4th.
Cosmopolitan
PASSED THE CANAL...
Dock
Outward-8th June-Erzherzog,, F. Fer dinand, 12th June-Arai, Clio, Marie Valerie, Cowrie, Tonkin, Malia, Eva. 15th June- Orestes, Shinano Maru, St. Regulus. 1gib]June Annom, Glenariny Konig Albert, Teinkai. 22nd June-Serbia, Rhipens. 26th June-- Annam, Sado Maru, Alėšia, Yangiste,
Homeward-5th June-Malacca. 8th June -Preussen.ath June-Ixion. 13th June- Augsberg 9th June-Oceanieng Sanuki Mary, Altinous, 26th June-Japan, Hamburg. Arrivals at Home-23rd June-Preussen. 37th June-Köliigsberg, Oceanten.
Shipping.
Arrivals. PRINCETOWN, American gunboat, 1,000, Harry Knox, 30th June,Cavite, P. 1, 26th June. SULLBERG, German steamer, S14, Jessen, 30th
June, Chefoo 22nd June, General.- Siemssen & Cu PRUMGURTH, British steamer, 2,500, Fowler, 30th June, Moji 25th June, Coal-Order. KWANGSE, British steamer, 1,240, Harris, 30th
June, Canton 30th June, General.- Butterfield & Swire.
ELSE, German steamer, 900, T. Petersen, 30th June-Canton 30th June, General.- Tung Kee, KACHIOATE MARU, Japanese steater, 2,143, S. Fujiki, 30th June,-Moji 24th June, Coal-Mitsui Bussan Kaisha.
ARMENIA, German steamer, 3,469, J. Oster-
mane, 30th June,--Amoy 29th Jude, Gene ral-Carlowitz & Co.
Clearances at the Harbour Office. Fushun, Chinese str., for Shanghai. Kwangse, British str., for Shanghai, Tamsui Maru, Japanese str., for Swatow, Haitan, British st, for Satow. Sullberg, German str., for Gunton..
Chow, British str., for Swatow Phranang, German str., for Bangkok. Formosa, British str., for Swatow. Pak Keng, British str., for Canton.
Departures.
June 30, Hanoi, French str., for Haiphong. June 30, Phranang, German str., for Bangkok
June 30, Lyeemoon, German str., for Shanghai.. June 30, B. Walter, American ship, for New
York,
June 30, Fushun, Chinese str, for Shanghai. June 30, Fausang, British str., for Singapore. June 30, Ariake Moru, Japanese str., for Taku. June 30, Kwangre, British str., for Shanghai. June 30, Formosa, British str., for Swatow. June 30, Brooklyn, American battleship, for June 30, Sullberg, German str., for Gantón.
Taku
Passengers-Arrived... Per Sullberg, from Chefoo-32 Chinese.
STEAMERS EXFECTED.
Names.
From
Ther
Bengloe
Singapore To-morrow Calchas .......... Singapore ...... Tomorrow Kinshiu Maru......Japan....Tomorrow
July 2nd
Tonkin............Saigon.......
Pekin Merionethshire Macedonia
Sarpedon Gaelic
Singapore
July 2nd
Singapore
July and
Singapore
July and
Singapore
July and
Shanghai.....
July 3rd
Bisagno Savoia
Singapore
July 3rd
Singapore
July 3rd
Kanagawa Muru...(Singapore
July 4th
Verona......
July th
July 9th
Konig Albert...
Singapore.. Colombo. Hongkong Maru... San Francisco... July 12th Empress of Japan. Vancouver July joth
Teenkai
China Tartar
Liverpool. July 12th San Francisco...July 20th Vancouver......Aug. 1st
style in which "Steamers Expected" and rejected Railings
We would direct the attention of shipping firms to the are now pedilished in these columns, and lo so doing respect- fully urge the managers of shipping firms to ghe orders to their clerks to furnish this ofice, on the form already sup oiled gratis with the latest available faformation every day.
PROJECTED BAILINGS.
Ship
Acara.
ness to one of Edgar Allan Poe's gruesome N. P. Co.'s steamer Argyll leaves for Portland Alesia
stores.
Oregon. a.m.-Public Auction Sale of valuable furni-
America, Maru. Anping Maru teres by Messrs. Hughes and Hough Argyll 4 p.m.-C. & O. Co's Thyrú leaves for Sun
Francisco and San Diego. Cargo ex Stuttgart subject to rent,
The Royal Warwickshire Militia, employed
A widow, who lived aloue, her loneliness 11 guarding the Boer prisoners at Simon's Town, find it a most trying business.
all the more despressing because her husband sentries are offered bribes to let the prisoners had died recently, had gone to bed and fallen escape, and every temptation is thrown in their asteep, when she was awakened in the daziz by the Cape authorities' desire to send Boer prunable to bear it any longer, called out, and
a strange rattling of chains under her best way. This may in some measure account for
The noise went on until the poor woman, that the Boer prisoners for Ceylon were to sail then something, came out from under the bed soners to Ceylon. The Madras Standard says from South Africa on the 15th June and to and spring upon her, chains and all, seizing
her with its fingers. arrive in Colombo on the 9th of July,
COLONIAL APPOINTMENTS.
A DOWNING STREET CIRCULAR,
ECLIPSE OF THE SUN,
even if no other is forthcoming. Security for fendant has invaded that right, to which it is all reasonable rights in regard to land will be a answered by the defendant that the Crown had great inducement to content and loyalty and The Times of Ceylon hears that a circular is no power to create the right in question to his to the popularizing of British rule."
going the round of all Government offices prejudice. It appears to me that in such a This direction of the Secretary of State there, inviting the signatures of Government case it is competeus for a municipal court to seems to be in accord, with the following pro- officials, drawing over R3,000 a year, who are inquire into and determine the question wliether position which was advanted by counsel for desirous of obtaining appointments outside the the sovereign had the power to create the right the defendants arguendo in the case of Colony. The offer comes from the Secretary that is sought to be enforced, even although Attorney-General for British Honduras v of State, and appointments in South Africa are such inquiry may involve an examination and Bristowe, supra: "As to the nature of hinted at.. About fifty have already expressed interpretation of a convention with another the right and title acquired by the defendants their desire to avail themselves of the offer. sovereign. I think perhaps also that a distinc- against the Crown, there is no instance on tion may be drawn between the acts of State in record where the Sovereign of England, the cases ched and that in the present case, having assumed the territorial dominion over In those cases there was annexation pure and a colony, has ever attempted to oust the simple and the Crown assumed complete rights of private individuals acquired by long the sun were made on the 28th May on the Splendid observations of the total eclipse of sovereignty, of the territories annexed; in the possession and long industrial occupation." present case there is only a lease for a term of have been unable to trace the reference shape of the corona was found to be an exact Mediterranean stations and in America, The years and the Crown has only a limited or
given for this proposition to Daña's edition of qualified sovereignty in the leased district. The Wheaton's International Law, but I believe the duplicate of that shown at the time of the Convention is its document of title to the district, proposition correctly states the practice of the eclipse of 1889, confirming the theory of the and the lands in the district are held subject to British Crown, when assuming the sovereignty eleven year period and the variation of the that title. For these reasons I am of opinion of new territory.
corona with the sun-spots. Mercury and that the Court is not debarred from entertain
I regret that the Crown was not represented Venus, the two planets nearest the sun, showed. ing the objection taken by the defendant to the the hearing, since the validity of the lease up very conspicuously when the sun's light title of the plaintiffs and founded on the Con granted by it to the plaintiffs has been called as darkened. vention, and I therefore proceed to consider in question. It would seem that the Crown the terms and effect of the Convention, so far stilled to have this suit restrained and its as it bears on this matter now in litigation. rights on the subject-matter of the litigation
The Convention was executed by representa determined in proceedings to which it was it Carlyle described the British people as tives of Hes. Majesty the Queco and His Ma-self a party: Attorney General v. Barker,
gether wrong, but, as a rule, British imberileg Jeffect from the 1st July, 1898. The preamble at p. 186-I have understood it to be a gen are more or less adulterated with sanity, and and the first clause read as follows:-"Whereas eral rule of law that where the title of the may, therefore, be disqualified. Laos, in it has for many years past been recognized Crown to property comes in question, the Crown Cochin China, is, according to Dr. Lefever, a that an extension of Hongkong territory is his the right to prevent that title being decidedvillage of out-and-out fools or lunatics. A necessary for the proper defence and protec in any suit between subjects, and is entitled to common form, of mania with them is to believe Hon of the Colony: It has now been agreed have it decided in a proceeding to which the they havo a buffalo in the stomach. Hopeless between the Governments of Great Britain Crown itself is a party.
cases of this delusion, or "pipop, as they are and China that the limits of British territory On the whole case, then, I am of opinion called, are thrown into the water, and if they shall be enlarged under lease to the extent that the defendant has established the right to save themselves are accounted free from the indicated generally on the annexed map. which he makes claim that the letting of the possession
“PIPOT.”
jesty the Emperor of China, and was to take 7 Exch. 177. In that case Cleasby mostly Tools," and, perhaps he was not alto
She shrieked out again and again, until her neighbours, aroused by her cries, broke into the room with lights in their hands and found
(About)"Ben" Line steamer Renahier leaves THURSDAY, 5th.
for London via Suez Canal, Noon-P. M. S. Co.'s steamer City of Peking leaves for San Francisco etc.
FRIDAY, 6th.
Banca Bayern Benalder Bengal
Braemar
Calchas
|
Carlisle City.. China Chingtu.......
City of Peking City of Rio
an ape glaring at the poor woman, who by this 8 p.m.-Regular Meeting of the Lion and Rose Coplic time had becaine a raving maniac.
It seems that the ape had escaped from a menagerie in the neighbourhood and hidderi itself under the widow's bed.
SHIPPING REPORTS.
Captain J. Ostermann, of the steamship Armenia, from Amoy, reports :-Strong 5, wind. NOTANDA
CALENDAR.
JUNE. Meteorological means based on fifteen years, observations to 1898. Barometer..... Thermometer Humidity.... Rainfall
YESTERDAY.
WEATHER REPORT...
Barometer,.... Temperature Humidity Rainfall.
TO-DAY,
29.704
.B0,7
.83.0
10.496
On datza On dată)
IQ ... 41.3.
29.70 29.65
79
92
Chinese-k of bilanoon of 20th year
Saturday, 30th June, 1900 Kwang-si
SunRices s
- Sets
High water-torning..
Morning Low water-Morning
shr.20min 6k9: 47min, ohrsmin
Shrocamin
Lodge:
SATURDAY, 7th.
Noon-P. & O. steamer. Bengal leaves for
Bombay etc.
12.15
Co., Ltd.
Dardanus)
Gaelic Glenogle Hamburg
Destination, Dale.
New York
July 15th Havre, &c. Aug. 20th. San Francisco, &c. Sept. 11th Swatow, &c.......... July 11th Portland, &c. July 4th Shanghai, &e.......July and Straits, &c. .. July 12th London.... July 5th Europe, &c. July zib Portland, &c. London...
Aug. 25th. Aug, 7th
San Diego, &c....Aug. zoth. San Francisco, &c July 31st- Manila, &c. July 14th, San Francisco, &c. July 5th San Francisco, &c. Aug. 25th San Francisco, &c. Sept. 1st Liverpool July 7th Doric
San Francisco, &c. Aug. 7th. Duke of Fife......Victoria B.C. July 28th- Emp. China Vancouver, &c......Aug. 8th Emp. India
Aug. 29th path Ordinary Yearly Meeting of Ep. Japan......
July 18th July 3rd Shareholders of the Hongkong Electric Ettrickdale New York
San Francisco, &c. July 14th Victoria, B.C... July 3rd Straits, &c. Oct. 3rd Hongkong MaruSan Francisco, &e July 21st Kalyan Shanghai ......July 2nd Kamakura Maru. Marseilles, July 33th Kanagawa Maru. Kobe & Yokohama July 6th Kinshiu Maru.Victoria, B.C.......July 14th- König Albert...Straits, &c. ... Aug. 9th. Malta.
Shanghai .. July 6th Menelaus London.......July toth Mike Maru... Moji, &c. July 17th Monmouthshire. Portland, & Aug. 4th Nippon Maru...San Francisco, &c. Aug. 16th Oldenburg Straits, &c. Oct. 31st Onsang... Singapore, &c.............. July 3rd... Preussen
Straits, &c. Sept. 20th
SHIPPING AND MAIL NEWS.
MAILS. DUE.
·French (Toukin} 2nd′prox., American (Garlic) 3rd prox. German (Konig Albert) 9th prox. Canadian (Empress of Japan) toth prox. American (Hongkong Maru) 12th prox. American (China) 20th prox. Canadian (Tartar) 1st August.
+
The Canadian Pacific Railway Cos. R.M.S.. | Print Heinrich...Straits, &c. Sept. 6th Tartar, will leave Vancouver about the 10th Pyrrhus July direct for Hongkong where she may be | Queen Adelaide, Victoría," B,C.. expected about the 1st August.
Kohilla Sachsen
London
July 13th
July 25th:
Japan go
Fuly 7th
Sambja e
Straits, &c Havre, & Havre, &c.
Oct. 17th
July 3rd
Aug 7th
Stentor.
The Canadian Pacific Railway Co.'s R.M.S. Savoia... Empres of India, arrived Shanghai at 2 am, to-day, the 30th inst, and leaves again at 10.30 Stratbgyle. p.m., same day for Nagasaki, where she is due Stuttgart to arrive at 8 am on Monday,
Sungklang Tamsui Mara Туга......
The Imperial German Mail steamer Konig Albert, carrying the German Mails with dates, from Berlin of the with inst, has left Colambo on Thursday pm, the 28th inst, and may be expected here on or about Monday, the oth insti
London July 24th San Diego, &cept Simits, &July 26th Manila July 3rd Swator, &c [nly tat Liverpool July 2nd San Diego, čke.. July 41 Victoria............ Victoria, B.C. Aug. 7th Weimar,Straits, &c. Aug, 23rd Wittenbery Hayre, &c.july.
Ulysses