1877-08-14 — Page 3

W

❖

す

No. 4406.––August 14, 1877.].

THE CHINA NAIL,BU

im-

is a fallacy it seems to me in this propost-prisoners, but it was a part of the entire this order. The date of the general order admitted that the commencement of that legislature has imposed. I have referred to If time and permission had allowed me, I tion arising from the ambiguous nee of the Gaol (in this Colony equivalent to the (if Imany no term it) may be in another date might be seven years afterwards if the other forms of prohibition to reside within should have liked to have seen the logs of words "cell" and "prison." If the word County Gaol). Now, though there is a document. In the subsequent order, as an Governor coplessed he admitted that that the Colony. In some cases the construc- the various vessels which have arrived in "Gaol" be substituted for "prison," the figure of rhotario which according to old ordinary practice I suppose, the day- on might be an absurd power to give to a Go- tion which appears to me to be the proper Hongkong this last week; as it is I have only ambiguity will be apparent at once. The Dr. Sterling-

which the Governor puts his hand to the vernor, but he said so it was. He contend-one appears to have been adopted, in seen their Reports as published in the words "ool" and "prison" in the sense A part for whole doth take,

paper would appear too, but it would be ed that the order was not a conviction, and others not, as the general rule or the papers. These from the North all show of "Gaol" are not convertible terms; in a Or whole for part just for the metre's sake. Immaterial so far as the validity of the that it was not subject to the rules affecting specialities of the special case happened to North winds, increasing as they come South more narrow sense they are. A prison, e. There is no authority in logia to make, there order fizing the time of banishment is con- convictions. He contended that the Court be prominent. The Governor is in no case with a reering tendency and lowering Gaol, is defined by Johnson to bo "a strong is no precedent In Law for making, a part cerned, and might be omitted altogether. being bound to construe the order according responsible for the form, for which he relies Barometer; all unmistakable elements of a hold where persons are confined, a Gaol (the call) stand as equivalent to the whole A warrant of commitment amitting the to the rule he had quoted from Maxwell, on the officer submitting it to him, and that Typhoon. Those from the South and East That portainly would not be the definition (the prison). My answer to the 4th and date on which it was granted has been held the meaning he attached was the proper and officer not being a lawyer it is too much to are more conflicting. South-west wind with of a "call which is one of the component 5th questions being in favour of the prl to be good on the ground that it is a matter grammatical meaning. Confining myself at expect legal accuracy in doubtful cases from a veering tendency, but decreasing as it parts of a prison, ... Gaol, being the sub-soner, it would follow that the conviction of evidence at what date the prisoner was present to the objection raised, it seems to him, and so inaccurate forms are perpeta approached the opposing NE. wind, also The old maxim applies, "A blot is low Barometer, but that is the case with sil division of a ward. I do not mean to say must be quashed. This conclusion renders recolved into custody, and the period of me that when an order quotes a precise pro- ated.

5.W. winds here. Therefore, with the ax that there are necessary definitions of a consideration of the three first questions imprisonment must be calculated from vision as its autliority the validity of the not a blot until it is hit."

ception of the receding S. W. wind, we havo prison, i. e. Gaol, but when the word cell" unnecessary. As however these questions that time-in re Bowler, 129 B. 612, order rests solely on the authority which

The Chief Justice then referred to the all the elements of a Typhoon forming in is used here, that is its nature and meaning. have been commented on, I may as well state cited in Justice Borns, vol 1, p. 1,157. that particular quoted provision gives; that A sentence generally was this "That you that it seems to me that punishment under Moreover the language of section 3 of to very sec. 7 in that ordinance and that to Supreme Court Reconstruction Ordinance, the vicinity of Hongkong. But the autho

4 of 1871 shows be imprisoned in Victoria Gaol, which does Rule 120, No. 4 of the Gaol Rules, render No.

that either import into it the words of sco. 2 of 4 of which gave him the power of a casting vote rities on the laws of Storms show, that they not mean that a prisoner is to be put into the ing this convlot liable to solitary confine one or two orders were contemplated. 1871 it was necessary to have added in the when the two Judges disagreed. He said form in certain places, and follow certain Gaol to be at large there, but something meat for not more than three days conse. It says if the banished person shall be order of the Governor a reference to that it was a most painful thing to do, an his tracke, those in the China Sea forming as far more, that he is to be confined there. As cutively, is not a penalty greater than that found in the Colony after the date of such subsequent ordinance of 1871 or a reference brother Judge was as likely to be right as East as say 126 E. and travelling westerly the learned Attorney General pointed out authorised by Sec. XI of No. 4 of 1863 and order or after the time fixed for his depar- to all other powers" es well as to the he, and he had protested against this Or towards the China Coast, but varying in Ho had their course greatly. Therefore I think anything may be a prison for the purposes is authorised notwithstanding the provi- ture." These words I understand to mean ordinance of 1867. The faultiness in this dinance when it was passed. of a trial for escape or prison breach, the sion in Section X. The Rule seems to either & general order of banishment in order consists in this, that in addition to a always thought that there ought to be only that the attempted formation was either too stocks pat up in the streets, or a oburch me not repugnant to the Ordinance, which the time of departure is not mentioned reference to this ordinance words to the one Judge or three Judges. As the ro- near the mountainous Coast of China, or yard, or a common room in a constable's although it may be less severe thau and which would operate from its date, or effect and in pursuance of all other powers sponsibility had been thrown upon him, there was one cssential element wanting and bouse. But the important point to observe authorised by the Ordinance. On the 2nd an order in which the time is fixed, in in mo veated" were not inserted according he would now give his casting vote, and that was strength in the southerly wind to is that those. stocks, and that room must question I am of opinion that on the con- which case this would be the date from to what I believe has been the general prac- therefore the conviction must be quashed. contend against its adversary the northerly. Taken by The prisoner was, however, liable to be The appearances of a Typhoon approach- be the whole prison, Gaol so to speak, for struction of the Ordinance and the Gaal which the five years would run. One rea- tice in all orders everywhere."

apprehended again by a new order of the Going Hongkong and its vicinity until the the time being. It was necessary for the rules, the Superintendent of the Gaol inson for giving this power is to be found in itself the elanse in the ordinance of 1857 is

His Lordship would adjourn the wind got into E.S.E. were very strong and learned Attorney General to go the length not authorised to punish the prisoner by section 4 of the same ordinance which pro-imperfect, and like a number of other sta-vernor. of arguing that if a man were in Gaol, imprisonment for 3 days (not consecutive) vides a new order of banishment to take tutes, lengthy though they be, it requires Sesalons to enable the Attorney General to enough to justify the apprehension that WAM and were put in the stooks for nome offence in a solitary well with diet of bread and effect at the expiration of any term of impri- for the expression of its fall meaning represent the mattor to the Government to felt.

Without pretending to be a Weather against discipline and attempted to get out water. On the 3rd question it seems to me sonment to which a person found at large the addition of some not expressed words. see what further steps would be taken. If of the stocks, he could be convicted of an that the prisoner was lawfully confined in in disobedience to any order of banishment "During any space of time not exceeding he closed the Seasions now, the prisoner Prophet I will add a few words on the pro- attempt to escape out of Gaol on an inform- the cell from which he attempted to escape; may be sentenced. Another reason may five years" gives the duration of the term must be discharged, but if they were bability of bad weather this season. That ation charging an attempt to escape from by confined" Imean restrained, not impri- be that where the order is an original one and the termination of that term, but the adjourned, he could be kept in custody good old Nautical Work Horsburgh's Direc

closed. He then tory, the remarks in which, on winds and the stocks. The "ecil," in the case before toned, nor put in a prison, the cell was not under section 7 of Ordinance, of 1857, and sentence in the ordinance is imperfect, and until they werO us, and stocks are identical. It will thus a prison; the prisoner was not guilty of not a new one, unnecessary hardness and it must be supplemented by stating when remarked on the absolute mature of weather all over the world, are compiled be reen that, supposing the words "coll" prison breach, and his act was not indict-reverity are avoided by fixing a future date. the term is to commence. In the absence of the Governor's power sitting in Connoil from experience, eays, if in the Autumnal to deport any one from the Colony who Equinox, any of the Lunar points coincido, and "prison," 4.6. Gaol, to be co-extensive, table. He therefore could not be convicted Under a general order the banished man express words the necessary addition

there will be a great chance of a Typhoon became necessary to see whether Mr Tomlin on this information. The irregularity was would be only allowed the necemary time plication seems to be "from the date of the was an alien.

The Attorney General, the Hon. G. Phil on the South Coast of China, or of a storm had lawfully imprisoned this man in the an error of judgment in the Baperintendent to leave the Colony fmm the date with the order," Again, assuming that the clause solitary cell for 3 days, not consecutively for which he is accouotable to the Authori- least delay. For these reasons I am of "and may fix the time for the departure of Hippo, said be was not here to defend the in other parts situated near the Tropic of as directed by the late Rules, but in so ties. Such an irregularity may not be justi. opinion that the point reserved at the such person from the Colony" to be added Legislature, but if his Lordship would Cancer. The Lunar pointe of change and cordance with the old practice and the fiable, but under theruleshe could, I believe, trial must be decided for the Crown from the Ordinance of 1871; these words adjourn the Sessions, he would see what perigee, coincide sufficiently in the next are not equivalent to "may fix the time would be done in the matter, as he could month to warrant great disturbances near Interpretation put by his predecessors, with have obtained from the Justices what were out any objection on the part of their severe means of coercing a prisoner, a man

when the said prohibition shall comments" only represent it to superior authority, and the Tropic or in the Typhoon regions of the superiorn, on the language of Sect. 11 of whose brutal violence it was necessary to

which words are necessary to fix the date it was impossible for him to go on with the northern hemisphere, therefore extra care Ord. 4 of 1868, which gives powers of conquer if the discipline of the Gaol was

from which the prohibition of the extreme case under the same order ander which the and vigilance should be used by ship-mas- limit of five years is to run. I drew the prisoner was convicted, and he did not ters. awarding solitary confinement "not ex- to be sustained, ceeding a days," and which being a positive

learned Attorney-General's attention to a know whether the Governor would issue a clause in Maxwell on Statutes, page 270, fresh order or not. enactment must be held to over-ride the

laying down a proposition universally ad- new Rules and Regulations. I should have

Regina v. Chun Afook.-Judgment.

mitted that the legislature in granting away thought that the words meant 3 consecutive

Mr Justice Snowden now delivered the

in effect the ordinary rights of the subject days, but really there is nothing to show- that they do, and it is an open question following judgment on the points reserved

must be understood as granting no more about which Mr Tomlin was justified in on this caseAs all the important docu-

than what passes by necessary and unavoid taking the view he did. I must thereforements and facts are set out in his Lordship's ance by express enactment provides that able construction. The learned Attorney- hold that the prisoner was legally in the judgment, which I have had the advantage this law shall not apply to natural born or General, said this rule of construction did "well. I have thou,ht it right to say so of seeing, it is not neoossary that I should

not apply to an ordinance anthorising such much, but it seems to me really immaterial i do more than refer to them. I understand negative averment would not even affect an order as this. It seems to me that this

the question reserved by his Lordship on Gaol, and the only offence known to the the trial of the prisoner to be this: Wh Gaol, We now some to the last question, prisoner from residing or being in the Oa: criminal law is attempting to escape from ther the Order in Council prohibiting the which assumes the legality of the imprison. lony during a space of five years next en to raise, the question whether an attempt to begin from the date so fixed for his de ment in the epll and raises, or is intended suing from the 25th of April is to be held to escape from a cell into which the priparture, or from the date of the order itself, to escape from a cell into with the pro the 18th of Aprill." If the order takes effect soner had been placed as a pun, for breast from the 18th, then the period of banish

ment will be seven days in excess of the of Gool rules or discipline, can be held to be

time limited by the Ordinance No. 9 of attempt to escape, from a pall in the sher 1837, Section 7, which says that is intended in the information, and whether It is an offence at all against the oriminal Excellency la Council may by order under

"once come to the conclusion, his hand prohibit soy person not being the omission to mention Ordinance 4 of from residing within the Colony for a period educational interests of the Colony, how is will be found below-there have been one, which I formed hastily at the trial, that natural born or naturalized subject of her 1871 can make it inoperative, as was aug-not exceeding five years. So that according it that he ignores even the existenes of or two cases amongst the foreign shipping, this is not a criminal offence at all. The Majesty from residing or being within this gested during the ar: umcnt. Because a to the construction put on that ordinance every gentleman in the place who can give but, we are glad to add, nothing fatal... only offence known to the law as far as Colony during any space of time not cording to the view I take, the words prin- by the Attorney-General, His Excellency advise on a subject so important? It is An accident, attended by great loss of exceeding five years "Moreover the order cipally operative in section 2 are incor- could at any time without cause even now cortainly a very commendable thing for life, occurred on the river last Friday. A am aware in an escape or attempt to essage would be in excess of the powers vest-porated in Ordinance 9 of 1867, which expel every American and German and Bishop Bardon and Mr Ng Choy to do, to large river boat, having about 140 Chiueso from gaol as a nomen collection. Ted in the Governor by this Ordinance, alone is recited. This point was not, how indeed every other alien from the Colony take all the trouble they have done over passengers on board, while tacking down or attempt to escaps from 6 cell may be and so would be illegal and bad, and

An Order in The maxin which I quoted from Sir Benson examination papers; but the feeling is very stream against a strong head-wind, wou evidence of an escape or attempt to aspe the prisoner could not be convicted Council differs in many important points Maxwall is with more point expressed in the strong that the duty could have been much capsized during a squall between Limpoo from gaol, but per se it can only be se I do not for a moment mean to say that namely, being found within the limi's of from a conviction, and from an order of 3rd of the rules to be observed in the better performed by the properly-constitut- and the Mamol Arsenal. The 8. S. Tairean, offence against the regulations of the gaul. of the offence for which he was tried, on this information the prisoner could not the Colony before the expiration of the maglatrates. lt generally only rooftea the construction of Statutes by Mr Justinoed Board of Examination, all the members which happened to be near enough to term of his banishment without lawful Act or Acts of Parliament under which it Binokstone (1, Blackstone Com., p. 88. Korr's of which are thoroughly able to test the render assistance, at once steamed to the it been averred that he did attempt to authority and excuse. The state of the lata issued, and the powers thereby conferred ed. 71) "Penal statutes must be con-knowledge of any candidate either in English spot and rescued 39 men and 1 woman who

law.

I

have been convicted of the real offence, had

escape from the said gaol," but it is not o laid, and it would be no offence unless such a cell or gaol (as a cell attached to a Polios Station, were in point of fact his whole portfon avement prison or gaol. which being imperfectly stated is ourad by verdio. There is a total omission of sno essential, averment, and so the verdict does not help. For these reasons I think the conviction is bad and must be quashed.

The prisoner was then removed.

His Lordship raised another point at the hearing of this argument which 1 think scarcely comes within the range of the present appeal. As I understand the ques- tion it is this-Is the order bad for not setting out that the person banishod is not a natural bora or naturalized subject of Her Majesty . I do not think that the absence of the negative affects the validity of the order which recites that the prohibi- tion is made under the provisions of Urdinance No. 9 of 1857, and that ordin-

naturalized enbjects. The absence of this

for such an offence, because the ordinance the five years a general offence, and in the makes the act of being in the Colony within same clause makes an exception for a par- ticular class. This therefore would be master of exouse or defence only. Had this question arisen with regard to the validity of the Information the Court could have entertained it. Queen Wabb, 18 LJ.M.C., p. 36-but the same rule would apply.

The form of the order might be altered with much advantage, as it is defective; but I do not think that

ever, raised at the trial

The Sessions were then adjourned till Friday, at 8 pm.

CORRESPONDENCE.

THE COMPETITIVE EXAMINATIONS. To the Editor of the "CHINA MAIL.” Hongkong, 14th Aug., 1877. SIR-It appears to me, notwithstand ing the humorous garkus" on your last night's artiole, that thero fe a serious side to the recent proceedings in reference to the new Competitive System. You some time since drew attention to the fact that the trial of a new system did not necessari- ly mean the discarding of all the existing

I think the authorities here ought to go.. deeper into these matters, than to fire a gun, and hoist a drum, when it is patent to every one who owns and understands a Barometer that bad weather is very probable; but they will never be able to predict the approach of a Typhoon with any certainty until Tele- graphic communication is established with the Philippines and Formosa, and regular weather reports received from all places round about,

Yours faithfully,

SHIP-MASTER.

Chină. FOOCHOW.

(Herald, Aug, 2nd.)

1887 confers the most extraordinary powers granting away the ordinary rights of the subject" I ever saw conferred by any enact ment anywhere. It was passed in a season of fearful panic, immediately after the taking of Canton, when an attempt at general poisoning was in part successful and and most efficient machinery. Yet the are committing depredations in the Shan the Chinese were suspected of conspiracy to way in which the Board of Examiners has sack Hongkong. It was a time of war. been lightly brushed aside by Mr Pope Still the power was exacssive even them. It Hennessy in the inangaration of his pet authorized the Governor without any cause soheme has been, to say the least, unseem- whatever to probbit any person not being aly and most impolitic. If, as His Excel natural born or naturalized British subject iency aserta, his desire la to forward the

A band of robbars, numbering about 100,@ Wu prefecture. They recently attacked and plundered a large village in that dis- trict, and are said to be still at large.

It is gratifying to hear that by latest advices the Cholera is absting at Amoy. Since Dr. Douglas's death notice of which

19

J

*)

Quotations. Horakone, August 14, 1877, OPIUM-New Patna, cash....$692)

aredit, Old Patus, cab,.... 590

credit Now Benares, sash, 580

credit, - Old Benaras, cash, 565

credit, New Malwa, asah,

crodit, 600 Allowance Tools, 8 @ 82 ́Old Malwa, osah. —

Allowance CAMPHOR, QUICKSILVER *** SALTFETRE, esk

to

aredit, 600

are expressed in the shape of an order. If strued strictly." He illustrates this rule or Chinese. I am informed upon very good had scrambled on the keel of the boat. seems to be as follows:-The Ordinance it does not exceed thoss powers it is good, by examples in which the courts have authority that the translation of the Ex She then towed the wreck ashore. Up to No. 9 of 1857 Sec. 7 was amended by and that is all the Court has to look to, and absurdly limited the meaning of the aminers in the recent tournament was not yesterday afternoon 87 dead bodies bad Ordinance 4 of 1871 880. 2, nas do not think it would be held to be in words of penal statues. I can find no case such as would have altogether satisfied the been recovered at different points of the that Seo 7 of Ordinance & of 1857 is thereby valid because it omitted to recite any one in which the courts have said as the learned more rigid rules of grammar and good river. The accident is attributed, we hear, amended by expunging therefrom the words Act or Ordinance under which it issued if Attorney-General has said, it may be absurd, English, while it is curious that they do to grass carelessness on the park of the following, that is to nag-(I need not quote it is within the powers conferred. the words, but it is enough to say that in for these reasons, of opinion that the con- penal statute.

I am, but euch is the meaning in sustaining a not publish their Chinese version of the de- lowdah, who as naual made halyards out

The rule seems to me to be position; but as I am not an authority on with all sail set, that the courts ara astute to restrain thebuch matters, I will content myself by ra Latest dates.-Telegraphlo advices from case of disobedience of the order they viction should be confirmed. provide for the arrest, imprisonment, and

operation of a penal statute, never to give minding the Governor that "new brooms" London extend to the 29th ultimo, Mail deportation of the offender). It goes on to

effect to one. On the whole, giving effect to do not invariably aweep cleaner than old adviess from London extend to 22nd June; say and in Heu thereof the following worda The Chief Justice delivered the following both clauses, to that in the Ordinance of ones, especially when the old broom geta from New York to 8th June; from Mel- shall be substituted in the said section, judgment:-This prisoner was tried at the 1867 and to the clauses from the Ordinance the proper bent and is in good working bourne (tid Galle) to 12th June; from The Chief Justice said as follows: "And may by the earne or any subsequent Criminal Sessions for July, 1877, on an in- of 1871 amalgamated in it, I read them thus condition.

Sydney (vid Torres Straits) to 12th June, have carefully considered the facts and evi-order fix the time for the departure of such formation which charged him that having under clause one the term of prohibition With all respect to His Excellency's Mr Tong King-Seng returned from hares stated by Mr Justice Snowden upon person from the Colony." This law here been by an Order of the Governor in Council, of residence is not to exceed five year from Minute, and the object he had in publishing Formosa a few days ago. He was entrust- the case which was reserved on the trial of confers upon the Governor very arbitrary dated the 18th April, 1877, made under the the date of the order, and under clause two the work done at the last examination, his ed, we believe, with preliminary arrange- this prisoner Wong Apo. The prisoner powers, only to be exercised with great provisions of Ordinance No. 9 of 1857, pro- the Governor may fix any future day for the reference to the teaching staff of the ments connected with the proposed telegraph having been found guilty by the Jury on care and discrimination, but at the same hibited from residing within this Colony for actual departure from the Colony of the Colony" is not by any means as graceful lines in that island; also with the con- the information against him, the five ques time, if so used no one who has had any five years from the 25th April, 1877, he, on man prohibited to reside, but that in so as Sir R. MacDonnell or Sir A. Kennedy fidential task of reporting to Ting Futal on tions were reserved for the decision of the experience of this Colony can doubt that the 12th July, 1877, was unlawfully at doing he was to take care that the total would have made it. I have heard that the present working of the Keelung coal Woll Dourt. The learned Attorney General they are wholesome and valuable. Situated large within this Colony. On his trial the limit of prohibition to reside does not exceed Mr Hennessy has never yet looked either mines. Mr Tong King-Seug left for Shung- argued in support of the conviction, but as this Colony is, separated only by a prisoner pleaded not guilty. The Court en five years from the date of the order. Into the School or upon the "staff;" hal por Hankang yesterday morning. neither the prisoner, who was present, nor arrow strait from Chins, It is always liable his behalf objected that the order of the Thus full effect is given to both clauses; no and if he desires to ruffle the feathers counsel for him was heard against the con- to become the resort of criminals coming 18th of April, by prohibiting such residence other construction does this. The more of this community in the most affec vletion. We bad all that could be urged here for the purpose of refuge or plun- for five years to commence a day later than minute examination of this order in the tive manner, he cannot accomplish this These persons may be danger the day of the date of the prohibition, ie, course of this argument has raised another ungracious and unwelcome tank more effen- against the prisoner, but nothing in his der. favour. It was therefore a unilateral ous to the peace and good order of seven days later, might be informal, in question viz., whether this order was not in tually than by attacking the Central School argument. It will be convenient to answer the Colony (to use the words of the other words that as to the order bearing the nature of a conviction, and whether it and its staff.”

** The mistake of the last examination the 4th and 5th questions in the first place. preamble of Ordinance No. 4 of 1871), dete 18th April, 1877, the extreme limit of was not bad for not setting out the charge On the 4th question I am clearly of opinion and a power to remove them promptly is the Governor's power by that order was to in this case that the man was an alien, and appears to me to be, that Mr Hennessy is that the evidence of the authority under essential to its well-being. Notwithstand prohibit residence until the 18th April, for not setting out as the ground for the rainly endeavouring to get a first-class which the Superintendent of the Gaol reing that, the rule most prevail that these 1882, whereas the words of the order ex-order the adjudication by some compatent translator for the pay of a second-olses ceived and detained the prisoner after his ordinances being highly penal, must be tended the prohibition until the 26th April, tribunal, or at least by His Excellency him- clerk. A worthy candidate for the post of trial upon his conviction and sentence for construed most strictly in favour of the 1882. This was the sole question then self, that, the person prohibited to reside translator must necessarily possess a thor felony (burglary); was sufficient. That evi, persons affected by them. Bearing this in raised. The evidence on the trial was the within the colony was an alien. The Atough knowledge of English as well as Chi dence consisted of the records of this Court mind, I have studied most carefully the production of the order of 18th April, 1877, torney-General contended that this order nese; a mere clerk need not be highly

In that contention he skilled in either. of the conviction and sentence, the highest language of these ordinancer, and I regret that the prisoner was found in the Colony was not a conviction. possible evidence and of evidence itself to say that I cannot bring my mind to share on the 12th July, and that the prisoner was is right. It was an order partaking of the entirely sufficient, namely, the slendar the doubts entertained by his Lordship the the person named in the order of the 18th character of a conviction precisely as in the of the Sessions for May 1877, under the Chief Justice as to the validity of the Order April, 1877. He was found guilty, but the case of the King v. the Justice of Cheshire, Seal of the Supreme Court, signed by the in Council for disobedience to which the point raised was reserved for argument. 5. B. and A, 539. It is therefore incapable Judge and countersigned by the Registrar. prisoner is put on his trish. I will state The Attorney General was heard for the of amendment. Being an order, the evi-

To the Editor of the "CHINA MAIL." This is clearly sanctioned by a remarkable the grounds of the conclusion I have come Crown on the 26th of July. No one ap-dence on which the order is made need passage in a Blackstone, 408 (p. 475 of Kerr's to es shortly as possible. Section 7 of No. peered for the prisoner. The learned At-not be set out; though it was said in that

Hongkong, Ang. 1, 1877. SIB,In your humorous and able article Edition), and by Chitty's Com. Law, pp. 8 of 1857 osys, His Excellency in Council torney General did not deny that if the case that this must be done in a convid- 730-731, in which the practice in England may by order under his hand probible say order was bad it was bad in toto: but he tion, but according to Justice Burn's Orders last night respecting the Chinese examina is described in terms with which the prac person (not being a natural born or natar submitted that although the order only pre-of Justices 1,109, it is necessary in every tion papers, I think you should have tion here for certainly 17 years, I believe alized subject of Her Majesty) from resid. fessed to take effect under the Ordinance order that the adjudication on which the treated more seriously than you did the from the foundation of the Colony, is idening and being within the colony during ang No. 6 of 1667, which enacts that "His Ex-order is made must be stated, ie, in this fact of the Government Gazette being sent

cellency in Council may by order under his case that the expelled man is not a natural round to subscribers on Sunday mornings. Documentary, 8months' sight,.. 3/11 tical. That Calendar has ever been and is space of time not exceeding five years. the only authority under which criminals Now any time can only mean present or hand prohibit any person not being a natural born or naturalized subject, and it follows You say that the Government Casette is the Bombag, demand Rupees, have been executed in England. It is the future time-so an order for a period of born or naturalised subject of Her Majesty as a condition to the validity of this order only Sunday paper we have in the Colony, Calcutta, only authority to the Sheriff or Gaoler to banishment to begin at a future date would from residing or being within this Colony that it must state that fast has been found and that there is no great harm to its Shanghai, demand, 30 days detain prisoners sentenced by this Court.not per er he in excess of the powers oon during any space of time not exceeding five at least quasi-judicially by the Governor, being published just as people are going to On the 5th question I am clently of opinion ferred by this ordinance even if it stood years, with an addition of power to deport in The authority to prohibit residence arises Church. To me it seems a most remarkable Bar Silver, 17, dwis, B., that the breaking out of the Oell, sur alone. It is amended by section 2 of No case of non-obedience, &c. Yet that section only on statements in the order. Now, for state of affairs that the official organ of the Mexicane, rounded as it was on all sides by the Vic-4 of 1871 which expunges certale werde and 3 of No. 4 of 1871, to which he then anything apparent in this order or in these Colony should be published on Sunday Gold Leaf, toris Gact, the Prison," by the prisoner says in lien thereof the following words for the first time referred, expunged that proceedings anywhere, Chun Afuk was a morning. I certainly think it shows English Sovereigns, is no offence against the Law of England shall be substituted in the said section, added power of deportation and directed the natural born or a naturalized subject, and great want of decency on the part of the Australian Sovetelgus, *** an prison breach or quasi prison braanh.and may by the same or any subsequent insertion in lieu thereof of the following therefore not subject to the authority Government, and now attention has been Discount,... To damage the wall may be an offence order under his hand fix the time for the words:" And may by the same or any exercised. On this question of the defect drawn to the matter I trust Mr Hennessy punishable by English Law or Colonial departure of such person from the colony." subsequent order under his hand fix the time the non-statement as an adjudication will have an alteration made. Ordinance as a malicious injury to pro-It seems to me dlear that these words be- for the departure of such person from the co that the man prohibited to reside is perty, but this is not the offence with some part and parcel of section 7 of No. 9 lony" The learned Attorney General submit an allen, the court can judicially come to no which the prisoner is charged or is in- of 1887, just as much as if they occurred in ted that the two clanses must be read together, decision. It was not reserved at the trial and has not been properly argued; it would tended to be charged. "Priton" and "Call" print in that ordinance. They are "aub- and submitted-quoting Sir B. Maxwell on are words not of op-extensive meaning,tituted," which means put in the place Statutes, page 27that the most important however, have been a point la favour of the prisoner's discharge for the decision of His This is clear from 2 Via. C. 23 Sect. 18 of of the words expunged. The powers of rule of construction is that it is to be the Imperial Parliament, which treats of a the Governor, therefore, are to make an sumed that the words and phrases are used cellency in Corneil if the decision of the Call as a place to break out of and as being order of banishment, and in it if he thinks in their popular meaning, and that the court on the point reserved were not in his

In this argument the absolute Typhoon scare is over and the weather pros different from, or not co-extensive with fit to fix the time of departure, or merely phrases and sentences are to be construed favour. other parts of the Prison broken out of, to make the order generally and by a acording to the rules of grammar. This is power of the Governor to prohibit any and phets have come to the vigne conclusion Blackstone, vol 4, pp. 180-131, thus de subsequent order fix the time. In the case unquestionably a rule of construction, Heerery foreigner from residing in this Colony that there must have betit a Typhoon some Eines prison breach: it to break prison before the court the time to fixed (and if I argued that, reading the provisions in the has been assumed to be absolutely vested in where, I should like to make a few remarke, whether it be the County Gaol, the stocks am right it may be any future time) in the two ordinances together, the Governor had him. The only question is one merely of if you could afford me space, on the pre or other usual pics of security) Now same order which prohibite residence in the the power to make an order prohibiting ren form, whether this particular domument bability or otherwise of a Typhoon having this coll in which this prisoner was confined Colony. I cannot see anything irregular sidence, such residence to commence at was not the gawal place of surgalty for er koyand the powers of the Governar in i aste later than the guig of the order.. Ho complies with the provisions which the occurred in the Chine Ses,

as

Toura &o.,

A... B. C.

"OUR SUNDAY PAPER" }

Youre truly,

PUBLIC DECENCY,

THE TYPHOON SCARE; To the Editor of the "CHINA MAID."

Ang, 14, 1871. BIE-Now that the recent periodical

Bank, on demand,

Credits,

"

**

Tesla, 8 4 33

18 .***. 80

194

7.00a7.88

Exchange.

J

30 days' sight, 6 months' night, ....

... 8/107

8/20

H.

J

3/11-3/11 BILL

223 *... 229

78 *

prém

26.50

5.19 5,13:

2014

B

་་

10+

Temperature. (Taken at Messrs Falconer & Oo,'« Premises, Queen's Brada) Horbrore, August 14, 1877. ́

· BAROMETER-9 AM

Do. 1 .M... Do.

4 P.M.. THERMOMETER-9 A.M........ Do. 1 .... Do.

4 .... Do. (Wes balb) 01.M. Do. Do. 1 P.M.

20.824

29.774

29.740

wit

91

914

80

841

Do,

Do, 4 P.M.

Do, Maximum

84

Do. Minimum over night B