2
We further think that the condition of bearing a proportionate part of the expense of custody of the goods incurred by the police might have been well recommended by the Attorney General to the superintendent. In substance and effect the superintendent was a stakeholder of the goods, to give them up to the true owners, and in face of certain or probable contest as to the ownership was justified in refusing to part with possession, without an indemnity against conflicting claims. The safe keeping of the goods being also clearly for the benefit of all parties interested, it was right that the cost of such safe keeping should be secured to the superintendent. All this would hold the more especially in the absence of any law of bankruptcy in Hong Kong. But we are of opinion that the delivery up of goods by the superintendent ought not to have been made, subject (as it appears to have been) to an undertaking on the part of the claimants to pay any portion of the general expenses of the police incurred with refer- ence to the goods in question. For instance, as appears by the letter of the superin- tendent of police to the Colonial Secretary of the 27th August 1862, a part of these expenses consists of outlay in the detention of the mate and clerk of the "Tropic" the purpose of giving evidence on the trial of Stanford. This outlay is a part of the ordinary costs of the prosecution, and ought to be borne in one way or other by the public, and not thrown on individuals themselves, the special victims of the crime, which is the subject of the prosecution. We recommend, therefore, that no part of the expenses of detaining the mate and clerk or of the general costs of the prosecution of Stanford should be required to be paid by those to whom portions of the goods have been delivered, whatever the terms of the guarantees may have been.
for
"
The correspondence laid before us supplies very scanty particulars of the judgment and execution obtained by "the Chartered Mercantile Bank of India, London, and
"" and its contents China." But we infer that partnership property alone (the "Tropic' in that sense) were seized by the sheriff under the execution, and that it was with reference to that property that the execution creditors proposed a partition of the proceeds rateably amongst the body of creditors; the opium and other goods stowed on board by the various bailors having, as we collect, been delivered up to the indi- viduals who established their titles thereto and gave the required guarantees.
Should Her Majesty's Government deem it proper to give up all right to the convict's property (practically the house and furniture only), we think the better course to pursue will be to give in proper form Her Majesty's special authority to the Governor to deal with such property on behalf of the Crown in the same way as he might have done under the charter if the property had been under the value therein mentioned of 501. Any formal release or relinquishment of Crown claims which may reasonably be required for the security of the creditors should be at their expense, and in such terms as the Attorney General of Hong Kong shall approve.
We have, &c. (Signed)
His Grace the Duke of Newcastle.
WM. ATHERTON.
ROUNDELL PALMER.
&c.
&c.
*&c.
1963
PUBLIC RECORD OFFICE
חיד
Reference :-
C.O. 885
10 PUBLIC RECORD OFF
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NDON