1877-12-04 — Page 3

No. 4502 DECEMBER 4, 1877.]

me, I walked there.: 1 afterwards saw number of bodies at the dead-house at the Hospital, among them that of my brother.

Dr. Ayres was next called, and sald :--1 am the Colonial Surgeon I remember the morning of the sccident on board the Festo. (The Doctor's evidence was in substance the same as that given by him at the Coro-

ner's Inquest).

The evidence of Doctors Adams and

SUFREMK CÓUET,

--

THE CHINA MATI.

Was it not clear that Clark ought to have been charged and proceeded against separate IN SUMMARY JURISDICTION (Before Ha Honour, Mr Juros SHOWDER.)ly for this his separate offence is not this Deol 4, 1877-10 the right of every man when there is a Meyer v. Richards and Company, $900.- criminal charge against him? and in that This case was again postponed till next case, would Clark not be entitled to call the Tuesday. Mr Johnson appeared for the other seamen, the only witnesses he could plaintiff, and Mr Brereton for the defendant call in his faveurs not the proceeding bad and the conviction bad, whore, the Wieler v Pustan and Co., $1,000) Mhooused in refused liberty to call his witnesses Bogers was next taken, but as it was in Brereton, who appeared for the defendants on the ground that they have been so if im substance the same as that given at the aghm applied for the osse to be postponed properly joined in one charge with him

5.-It, as it has bean contended, the pro- Coroner's Enquiry, and already published, for the present, as the matter was practically we refrain from giving it. * settled. Mr Johnson, on behalf of Mr Sharp, ceeding was a mere vivil procedure to come Me May then said that be thought they who appeared for the plaintiff, consented to pel a specific performance, then have not the Aots and Ordinances as to evidence entitled should go on till past 1 o'clock, and then the further adjournment.

defendants themselves, each and every one adjouru till Thursday, but he left it to the convenience of counsel.

Lo Yu v. & H. Neato, $693.62.-This was of tham, to be examined for themselves and claim for balance of contract money for for each other?

A 6.When Clark, through Mr Dennys, set the building of a house. Mr. Dennys, for the plaintiff, said that a note of demand hadap the conduct of the captain in improperly been sent to the dafendant about a month refusing to lower a boat to save a seaman ago, but the defendant took no notice of it who had fallen overboard, was it not then until this morning, when the plaintiff re- the function of the magistrate to hear mat eived a letter from the defendant, in which ters that occurred on the high mas, and to he stated that he had received several pro- have considered, and to have decided on the hihitory orders in regard to the payment of evidence when taken whether such action by the money over to the plaintiff, and that he the captain on the high seas constituted a be sufficient reason for Clark's leaving the ship was not liable to pay.

in Hongkong Praha

Mr Sharp said he should of course study the convenience of the Court, but he should like if they could begin later in the day. Mesars Francis and Brereton both concur- xed in this, and suggested 11 o'clcok, when they need not have any adjournment but go on till 4 o'clock.......

To this Mr May agreed, and asked Mr Sharp if he had any more witnesses to call

now.

Mr Sharp proposed to call one of the Doctors of the Tang Wah Hospital, when Mr Francis objected to his evidence being taken; he (Mr Francie) thought such evid ence was quite irrelevant and was only wasting time. The witness in question could know nothing of Teang Asam, It was necessary to know what they were here to investigate. At present he was quite in ignorance. The evidence of Dr Rogers as to the death of Mr Haggat was quite irrelevant to the charge. If they were to investigate into the death of Mr Baggat, he (Mr. Francis) might think it desirable to set up a defence as to the treatment he received, and would have cross-examined Dr Bogers as to his manner of treatment. He thought that it was only the speolic charge which appeared on the charge-ahset they could investigate,

Mr May said he thought he could say from long experience that the charge-shout only showed the character of the charge or what the opinion of the officer who took the charge had as to the offence. In reply to Mr Francis bis Worship said if, whilst Investigating a charge of burglary, it was found the offence was not burglary but something else, he would go on with the

Mr Francis said it would often be a great injustice to the accused; the first charge should be disposed of and another made,

Mr May said it was the practice here. Mr Francis said that it might be the practice here, but it was nevertheless often

great injustice to the accused.

Mr Brereton naked His Worship if, in the course if an enquiry a abarge of mar der cropped up which was shown occurred two years previously, he would investigate It then and there,

Mr May said he certainly would. He thought the evidence of the doctor should be taken if Mr Sharp wished it.

Mr Francis still thought it a waste of time.

Lum Taf Shie, a doctor at the Tung Wah Hospital, was then examined and proved the admission of ten injured men fator the Hospital, eight of whom have since died. In cross-examination by Mr Franois he said

I studied mediatae at Tohung-sha. I was 10 years a student. I rubbed the patients with salad oll and powder of green post. have had some roast lamb along with it.) The men who came from the Civil Hospital died as soon as they were admitted

ould not have cured them if they had come to the Tung Wah Hospital at first I realde at the Hospital, and get Tls 20 per month and find myself. I gave in Bernal and external medicine. I gave the patient glasung and a decoction of roots.

Mama Dries, the Serang on board the Texso, was next called, and proved identi- fying the body of Mahomed Esop, the Malay who was killed; and the enquiry was then adjourned till 11 o'clock on Thursday morning, the 7th instant; the prisoners being admitted to ball as before,

which is held unclad in ordinary matters force as if they were brutes; and now when expectations reallsad? I think not, Alr.. of site world. Eram if the Conan's state sivilization is happily reaching the lowest As an ordinary ball it was satisfactory. M ment were the statement of a fact, it must ranks of life, are seamen, educated as many a celebration of a national character, hald be vainalosal in art of law because of them are, to be forced to remain, with in honor of Scotland's patron saint, truth unsupported by the action of an oath theirs ships even under the reasonable risk compels sie to record it as an unqualified but the statement on best but the state of ill treatment as in fallure. The reasons for this opinion are ment of an opinion thick he had formed I now come to the condation which an- not far to asek, and will, I think, be en. which may have lesa come to on partial xious délibération (continuous so far as dorsed by every true Scotchman in the ovidence or be wrong, and it was imposible other pressing occupations have permitted) solony.

Your admirable description of the de- for the magistrate dá predicate what tho has led me, I would rather not decids the purport of the evidence would be or how it very ingenious question as to want of juris borations of the City Hall, will bo perused would affect his judicial hind, after it diction by the implied repeal of No. 4 of with mach interest, and the praise you should have been given in soming to a 1860. raised by Mr. Francis, because it is award to Lieutenants Walker and McCal decision as to whether Clark had a suficiant unecessary to do so, and because I think lam, who had the lion's share of the work reason for leaving the ship. Judges ought it is a high question of State and interns in this department, will be endowed by always to bear in mind the great distinction | tional law better left to more responsible evory Soot in Hongkong. The superb de- that ordinary knowledge does not amount authority limonal piecorations were almost the only Scottish As pointed out in 4 But I do decide that the conviction and feature in this so called National (1) festival, commitment are bad on the face of cash. I do not know who was the Framer of Bur. 25-31 et seq. to judicial knowledge, - *

Also that they are bad because the Con the programme of dances or what evil The view that a Consul's fortificate is insufficient, is absolutely valueless, is fully sul's note of a non-fudicial proceeding was genius controlled the bandmaster in his sustained by the American authority of received as conclusive by the magistrate in musical selections. The programme afore Johnson v. ship Coriolanus, Crabb's Rep, judicial proceeding, and he declined to said, consisting altogether of 17 dances p. 280, cited in 2 Parsons on Shipping. p. inquire into the waiter de novo, as ought was made up of 6 Valses, 4 Galepsy 3 92, in notes, where Professor Parsons (the to have been done according to 2 Parsons, Landera, 1 Quadrille, 1 Schottische

Also because the magistrato refused to out of the question, the programme would respected successor of Story) says that it 92, in notes, what I have already cited. Mazurks, and 1 Reel. Leaving the Reel was held that the certificate of a Consul

Palace; but I would venture to suggest 19 setting forth the facts that led to the receive evidence of want of seaworthiness have suited admirably at Buskingham imprisonment of the crew of a ship was not of the ship which was tendered to him. evidence and Afforded no justification for the The Attorney General was, so far as I that it was rather too select for the mixed: The defendant said he had received prohi

If the proceedings were of a non-criminal master, and that the cours would examine know, right in saying that the magistrate population of a colonial settlement; that ca bitory orders to the amount of more than $700, that he claimed a penalty from the character, then could not Clark himself as the whole question de novo and determine had no means of himself making or direct is, of course presuming that it was framed plaintiff for delay in delivering the house,well as his co-defendante claim as of right whether the imprisonment was justifiable.ing m inquiry. The evidence was tendered for the community at large, and not for a This is as good English as it is sound to him, not as an offensive weapon to Affect select few. And then how can the exclusion and that there were works which the plaintiff to give such testimony P

Would not these considerations render the American law. Parsons language covers owners or captains injuriously, but simply of Scotoh dances, falways, saving), and had not supplied or improperly performed, and that according to the agreement the conviction bad, and the committal founded and concludes the present cans so far as it as a shield for the accused and as showing excepting the solitary Reel) be explained Create affirms the utterly valueless character of the eficient reason why Clark should or justified? If such beautiful national differences should have been referred to Mr on it bad?

From a correspondence between

en the Consal's note to the Police Magistrate. not be punished. I am of opinion that it dances as the "Caledonians" and "High- Bowdler.

magistrate and the United States Consul Ie not therefore Clark entitled to have was open to him to tender evidence of unland Schottische" are good enough for the annexed to the return to the writ of corfio-the conviction and commitment declared seaworthiness tending to show that he rea gentlefolks of the British Empire, at the vart, I find that the mgistrate informed the invalid and void by reason that the magia sonably feared for his life in case of his Caledonian Ball in London, surely they sonte donght not to be deemed unorthodox by the- Consul that he purposed (e had decided) to trate accepted the Consal's note as con- return to the ship,

Also because the magistrate gave to petty aristocracy of Hongkong! The dance. enter into an inquiry on allegations by Clark blusive against all so as to disable Mr na to the Helicon, and courteously invited Dennys to question it and to exclude weight to the threat of the mate as to a musle of Scotland is justly celebrated, and the Consul's attendance, but the Consul re evidence on oath which he fendered 2 particular hell" prepared for Clark on universally popular. Yet on Friday night, 8.Again Me Dennys tendered evidence his return to the ship, and to the fact that (saving the Lord of Lorne? Lancers, quired the attendance of all the men ohärged

threat.

Reel) the national music was as rigidly before the magistrate at the Consulate, and to prove the unseaworthiness of the ship as it was in the mate's power to readise his which may, or may not be Scoteb, and the excluded as the national dances. A sales. he undertook the inquiry into that exouse of sufficient reason for Clark's leaving her. the men for absenting themselves from the Now, not to rely on Plimsoll's Act, I find ship out of the hands of the magistrate, and in 2 Parsons on Shipping, p. 70 (an American

tion of Scottish music was admirably made a quasi report in a note to the magi- law book which we constantly use in this

rendered by the Band of the 28th Regiment strate dated November 2nd that the barge Court) that unseaworthiness is a suloient

during the soramble for sapper! but very that no attempt was made to rescue the man defence to the charges of endeavouring to

few had the pleasure of enjoying this who had fallen overboard was entirely un commits revolt by compelling the master

addition to the programme. founded. The note concludes with a request to return to port, and further the learned that the men (including Clark) may be de author cites United States v. Aston, 2, tained and delivered to the master under Sum. 18. If that be an answer to a charge Ordinance 4 of 1850, and thus the inquiry of mutiny, is not the same defence to be which the magistrate had purposed was received in evidence as a sufficient reason for leaving the ship? If it affects the position of a man on his trial for mutiny, and 1 good defence, is it not a good defenes when put forward merely as a sancient reason for leaving his vessel by s man otherwise liable to incarceration as a deserter 2 <1997 Maggie 9.But to my mind the defence of Clark opens far wider considerations.

His Lordship adjourned the osse till next week, for Mr Dennys to see the documents connected with the case.

C. L. Thevenin . Lamb, $44,70.--The plaintiff claimed, from the defendant for wines supplied, viz. brandy and champagne.

When the case was first called, the plain- tiff was not in Court, but when he did ap- pear, his Lordship said he had hoped he would not have been here.

The plaintiff then proved his claim, but the deferrant said the wines were not sup- plied to ler; they were sent to the house for the plaintif's own use during the time he was living in her house.

After hearing a few words of the case only, his Lordship said he was astonished to see the plaintiff coming into Court again in a case like this, He was astounded at hir want of good sense and consideration for the decency of this Court. This was a most dis-stopped. graceful case, and he would not hear more of it, he had bad enough of it. The plaintiff must be non-suited, as his Lordship was not going to try a case of this kind in a Court of Justice,

THE "HELICON" CASE. The following is the continuation of the Judgment delivered by the Chief Justice in the above case. It will be found of interest bearing as it does on the status of Consuls in this Colony

I have stated the material facts, I have also given the arguments of counsel to the best of my ability, not professing to quote them, but to state their purport as with the proceedings before me I understood to be their scope.

It remains for the to state the questions which after mature consideration appear to me to ar80.

As to the objection that the Imperial United States at least) the Ordinance of 1850, the arguments on both sides are very ingenious-and the question in whether the jurisdiction of the magistrate is not entirely taken away?

2On the face of the commitment and of the proceedings produced on the writ of certiorari, is it or is it not bad f

It is stated to be the complaint of Richard Brain P.C. 37.

a

I see nothing in the Act to authoriss constable to be the complainant against a deserter from a foreign ship. Must not the master or mate or consul, be such complain ant, and does not this objection vitiate the conviction and commitment?

This, interference of the Consul with the regular procedure in a criminal case inaugu. rated by himself by his offer of a reward in order that Clark might be presented to the magistrate under Ordinance 4 of 1880, ap- pears to me to be an act by the Consul authorised neither by law nor comity."?

This case was before a tribunal anthorised to administer oaths. The Consul has no authority to administer oaths in such a matter which can be used in any English court of law, and any proceeding by him in reference to a criminal charge is entirely invalid in a court of criminal procedure The words I used on hearing the argument as to the states of a Consul in this country wore more guarded than those of Chancellor Kent, one of the greatest of American juriste. At 1 Kent's Com., 61, it is said in England it has been held that a Con-

is

a

I

Also generally because he refused to re ceive the evidence of the other men, who think were improperly charged jointly with Clark, as to sots of cruelty, and generally on all the other questions raised as to whe ther the state of biroumstances was such as to give Clark reasonable cause to appre hend a withdrawal of due protestion and good treatment in case of his return to the ships

CORRESPONDENCE.

The names of 50 gentlemen were pub shed as officiating stewards, and I must

various departments, to bring the affair to admit that many of them worked hard in à successful issue. Still I think it is per- timent to nak, why was one for more Itana necessary) of these gentlemen not appoint ed to act as Master of the Ceremonies M. O' may possibly be out of date nowadays at public balls, but the necessity for anch 12. an official to arrange the net dances was never more apparent than at the St. Andrew's Ball Unhappily there is a great lack of breeding and good manners in asse certain ses of Hongkong society, and this --- was evidenced only too painfully on Friday night by this "set" forming themselves excluding all ontalders, who were unable to into cliques for the figure dances, and thus e forma party among themselves. It is not es a pleasing sight to see the persons forming the three sides of the "Lancers" deliber www room, simply because the other aide of the stely broak up the set and walk down the “INSTEAD OF THE TIME PRE-Square has been innocently enough Alled

VIOUSLY, ADVERTISED,” -

by a lady and gentleman not members of the alique, I observed this done more than once at the St. Andrew's Ball That old-fashioned Institution a Master of the Ceremonies would have effectually prevent

A PREMATURE GROWL pure To the Editor of the "CHINA MAIL, gavn add Hongkong, Dec. 3, 1877- SiAs the Powan, in taking the place of the White Cloud on the line between this and Maolo, is notified to leave that place at 7 am and here at 1 pm, it reminded me In 1801, in days when almost every ses of your statement, made on the trial trip of captain in the Royal Navy or in the mer the Powan after a new cylinder was put into cantile marine, was a rough old salt, her, to the effect that her speed now was Unless the Powan's time of Lord Kenyen In Lombard Stephens, 8 slow only by a few minutes to that of the Esperene, N. P., 268, decided that if the Kinsher's. act of the captain made the dissolution of starting has been fixed for the convenience the contract necessary a deserter, was even of the shippera of cargo, owing to her much entitled to his wages. His Lordship said larger capacity for it, you have done an the duties of master and servant les injustice to the "fast best" by your state captain and seaman are) are reciprocalment above referred to. from the latter obediance and respect, from the master protection and good treatment."

WHY?

To the Editor of the "CHINA MAIL.”

It is not in any cavilling spirit, that the . Đ

St-Can any Hongkong- Des; 4, 1877...ed this glaring outrage on good faste, mot no Taquest on the body of the Assistant altogether satisfactory, the room befo Engineer of H.M.8. Swinger? The man inconveniently crowded; but considering died in the hospital here. There could not the large number present a scrambling set- well have been a medical certificate of death out was almost inevitable, and under all from natural causes, and, if not, on what circumstances probably excusable. authority was the man interred. I am not aware that accidents on board II.M.S. ships above remarks have been penned. are not to be inquired into, as are other Scotchman, and proad of the mama, I am accidents. It would be interesting to know only desirous of seeing what are termed what communications, if any, were made to Scotch calebrations made worthy of Scot

land and the Scottish community. I have the Coroner on the subject.

Yours,

attended Scotch balls in nearly all the quarters of the globe, and am thankful to say that the great event of Last Friday was the most wretched apology for a St Andrew's Day celebration I ever witnessed. But then this highly-favored community is quite fifty years in advance of the age, which may account for many peculiarities.

LEX.

al is not strictly a judicial officer, and It seems to me therefore that it was open they have there no judicial powers be to Clark to allege and prove the absence sites Waldron v. Cambe, III. Tan, 182, an of such protection and good treatment as English which the certificates the who Eaglia authority in a strik: onze was held hanifolly has the comddenca of the pinster, inadmissible to prove the proceeds of a sale admitted that he had ill-treated Clark, that at anstion. Chief Justion Mansfield said, he had cuffed him and had shoved him "The Vice Consul is no judicial officer, about, and he could not say how often he There is no rule in the English law had done this. This was admitted by the which makes his certificate evidence. He mate, apparently not willingly, without one has been supposed to be an agent, and he word of accusation against Clark that his is so for some purposes. So is an auctioneer sondnot had not been quite good or of any in this country, nevertheless his certificate excuse. CREM A VAAKAK

no evidenos in this country." If that be. I add to this, not as evidenes but as an so in a civil case a fortiori it is so in element showing occasion for inquiry, that criminal procedure involving the liberty of the Consul on the 2nd of November in formed the magistrate that he considered I understand that what I said during the the complaint of a seaman, one of the of a British subject as Clark is. hearing hus given umbrage to some persons desorters, of ill-treatment had been proved whom I respect. I recommend such persons, and that he should discharge him with three to read carefully the case I have just cited, months' extra pay. and 1 Kent's Com., pp. 61 and 63, and Again, Clark had a right to set up any This case comes before the Court on the Judge Bouvier's Law Dictionary, the 14th threat of personal violence by the mate return to the habeas corpus, the commitment edition of which printed at Philadelphia, uttered before the case closed as tending to and on the magistrate's return to the writ

Under Article create in his mind the dread of that par- "Consuls," par. 6, the learned American ticular hell," which he, the mate, said he of certiorari, so that all the proceedings are 1872, is now before me. before the Court to discharge the prisoner if judge says: A Consul is clothed only would give all, including Clark, when he upon the face of the writ it be bad or if with authority for commercial purposes; got them on board. Clark had a right to upon any of the proceedings returned the and in par. 7, he says. In civil and have the admitted ill-asage inquired into, conviction and commitment be bad."

A writ of erroz dose not He for a defect in criminal cases they are subject to the local to have the probable role of his going on M. B. Curlew, was charged with being drunk proceedings before magistrates, but it laws in the same manner with other foreign board considered, and to have the PRL Creagh for the better protection of the many gramme, another great Scotch success would be

expressly laid down in Corner, the only residente owing a temporary allegiance to conduct of the captain proved to shoW work of authority recognised in the Crown eta foste wife and an undated with these whether he had willingly allowed a man Office in England, at p. 64, that the writ of citations will find abundant food for re-overboard to be drowned inquired into; certiorari is the only means by which arch in the numerous works collected by and also his ill-conduct towards Twobell

his article "Consuls,” sa revision of proceedings in a Magistrates the learned American judge at the end of which the Consul reported against fally Court by a Superior Court ost be obtained, The certificate of the Consul is therefore and it lies as well after judgment as before, invalla for all judicial purposes.

(Before James Russell, Esq.)

LAFGENY,

Tam Atak, a coolie, was sentenced to weeks' imprisonment with hard labour stealing a tile.ma

6

for

DRUNKS AND CHAIR-HIRE AGAIN, William Allen, a seaman belonging to H. and refusing to pay chair-hire. He said he had paki 10 cents and the man had carried him only 100 yards. The chair-hearer de- olared he had carried the defendant for over an hour. Inspector Grey said the defendant was very drunk and refused to pay the chair. He locked him up for his (defen- dant's) own safety: Defendant said he had no money, but witness found $1.85 on him. Fined 25 cents and to pay 25 cents amends. William Cormlok, a. saaman belonging to the British 3-m. schommer Viscount Duf, was fined $1 or 2 days' imprisonment for being drunk and assaulting, or, as the da fendant styled it, shaping" for, the con-

stable who arrested him.

Of course an aggrieved party may also resort to an appeal in cases in which the appeal is given, but the power of the Court is not so complete over the person or gene erally so omolusive in an appeal as it is under a writ of habeas corpus,

Upon all the papers before the Court, looking at the proceedings, I find that Braun, the alleged complainant, not sworn, William Phillips, a seaman belonging to states that he arrested the defendants at the British ship Isles of the South, was different places and at different times as charged with being drunk and running being deserters, but sten he did not allege about the Canton wharf threatening to strike that Clark was althout no charge on oath people. He at length fell in the water and was picked up by the Police boat. Fined or otherwise was before the Court that the evidenes concluding the seamon.

It was then,

$1 or 4 days' imprisonment.

Andrew Larsens, a seaman anemployed, was charged with being drunk and assault ing out so Asco, a boy at the Eailor's Home, and was fined $1 or 2 days' imprison- mentihar edo 2 Val After that the master was examined, fall li a formal report or a certificate-in

William Ferguson, a seaman unemployed, was charged with a similar offence, and fined $2 or 7 days' imprisonment with hard labour

faquired into, not for the purpose of punishing the captain or the mate or to put them on their trial for that, but simply and only as elements showing a suficient reason for Clark's refusal to go on board, which the Ordinance, gives him a right to adduce,

It must not be inferred that 1 advocate-

POOR JACK-DRUNK AGAIN. - To the Editor of the CHINA MATE,"

Hongkong, Dec. 4, 1877. Sir-Some few days back you reported a case in which a chair-coolie was caught and punished for taking advantage of a poor sailor; a similar kind, with this difference, that the of the kind. The Committee were wise in and it strikes me that there are many cases of exclusive principles. Far from anything rascally coolies get their ill-got gains, while inviting the whole community, and had s arrangement be made by Superintendent racteristics been introduced into the pro Jack gete-fined Could not some specini little more of the national spirit and char unfortunate Jaoks who are silly and thought-have been chronicled. less enough not to protect themselves ?

Tours,

TO A LAND

A LANDLUBBER.

ST, ANDREW'S BALL, 1877. (To the Editor of the "OBINA MAIL") H Hongkong, Dec. 1877. Sts, Few Bootchman will cavil at the last, that a wise course had been adopted opinion expressed in your issue of Saturday. in celebrating St. Andrew's Day with a ball instead of a banquet. The ladies, in a colony like ours, demand our first conal- deration, and as they are unable to parti alpate in the social pleasures usually identi. fed with the banquet, the custom out here of celebrating almost every great asssafon with a big dinner, and a certain quantity of very tame speuchifying, appears to me policy of exclusive sslichness much to be deprecated.

Trusting that on next St. Andrew's Eve we may have a ball of which Scotchmen ing will be proud,

I am, Sir, &c.

GANG FORWARD.

Quotations.

Howarore, December 4, 1877. OPIUM-Now Patna, caah...$640

Old Patna, caalı.......... arodi,

11

19

None

New Benaxes, oath, 608

credit,

Old Benazen, daah, a

New! Malwa, cath, sa

credit, 710 Allowance Taola, Old Malwa, ssaly -

aredit 728 Allowanes

Exchange.

days

ja 6 months' night, se

24

Instead of refusing any recognition of this interference by the Consul I and this entry signed by the magistrate in the remanded till the 5th November, pending 10.-Now what is a sufficient reason proceedings, "Defts. In Court farther the termination of the Consul's inquiry and should say such st apprehension se ezen to be lot out from time to time as the someble san might entertain that if he went on board he would not have that pro- Consal may want them."

This entry, forming part of the protection and good treatment to which Lord I am of opinion that Clark is entitied to shows that the magistrate had yielded to. seedings, as well as the correspondence, Kenyon pronounced that he was entitled. the Consul's claim to hear and determine every braton of inquiry to sustain a do and report in reference to the drowning, as fence to that extent, and that if he made out such reasonable ground for apprehen- The correspondence is imperfect) it does sion for his safety and freedom from cruel.

Publio balls are of such rate cecurrente men were deserters, that statements were not contain a letter from the magisicate for ty he would be entitled to be discharged

What taken down from each defendant.

fusing to go on board, maka Ma mand the interest and patronage of the they then said was improperly, prematurely which by his second letter of the 80th of as having given a sufficient resson for re la Hongkong, that they invariably com

The magistrate on the 2nd of November asked for, but Clark said nothing to son Dctober, the Consul thanks hims

I am not sure that the protection and whole community. When a ball is given clude the defence which in due time it received a note from the Congal-I cannot good treatment to be expected from a by the members of a distinct nationality, Bank, 80 dos aight Dennys made a

master now does not include more of kind, here as leewhere, success is almost tabur pranzze that he produced the ship's articles, which he says that the charge made of ness than it did in 1801 By the presented. the promoters working well together le does not spear in the proceedings whe criminal neglect in the captain as to the army regulations an officer who writes and proving the truth of the adage that Credits,

soldier in liable to be enablered, and by the unity is strength." It is a matter of fact Documentary, 6months sight. 9/11 ther any men of the naine of Clark signed drowning man is entirely unfounded, t themy but it is quite clear that there was no Now this inquiry was extra-judicist, and | Articles of War for the Navy Betions 18, that no people in the world, whether at Bombay, demand Rupees, proof that the defendant Clark signed, for was not an oath, and if the law I have cited 27, 28, and 48, all publadments other than home or abroad, have been more ancoessful Caloutta The master of the I Shon Sut Hong, No, the captain admitted that although he had (the case quoted is English, the text writers regulated punishments, all profane oaths, in ball-giving than the Segtoh, and this, in Shanghal, demand, ... 66. Bonham Strand West, was summoned certified that he had seen all the men sign are American) is good, the informal note, curadags, or actions in derogation of good a great messure, must be attributed to the at the instance of the Collector of Stamp he could not swear positively that he saw even if it amounted to's certificate, was not morals are to be punished by dismissal retention of national characteristics in all Bar Silver, 17, dwi. B., Revenue for a breach of the Stamp Act, in any of the men tigar If he did not, was receivable for any purpose by the magle from the service are these rules to protest their celebrations, without unduly infring Byase, amon that be gave a receipt for a sum of money there any legal evidence that Clark we trafe, but I find, when Mr. Dennys at the soldier and the seaman in the Royal ing on the privileges which cosmopolitan Mexianus, exesading $10 without fixing a Stamp, under articles or can be said to be a deserter tempted to cross-examine the captain in Navy, and is the Britiaks saaman in the constituencies have a right to expects The Gold Lent,

Bhares. as required by Section XXIII of Ordin if not under legal contract at the date when referense to the drawing of the resmen mercantile marine selos not to be allowed Caledonian Hall in Londen is admittedly English Boverdigus,

from the ahly, it is recorded by the magis eren to absent himself from, to cult a ship one of the attractions of the season and Aude 12 of 1868. The case came on first he left the shipf

Under these circumstances, could the rate himself that the Court decided tant rather than he habitually subjected to the grand hall's held annually at Inverness on the 1st December, when Mr Lister, the Collector, said that it had come to his magistrate presume against Clark hot he that matter was irrelevant, having been scatidalous treatment from whles Her Ma- and Ediabere during the tourist manits, Hongkong Bank, by prem,

Foreign residents are only et ualled in China Traders' Ins. Co., $2,800 knowledge that there were several Chinese ing proved to be under contract-that he inquired into and settled by the Consul, ostra soldiers and sailors are protested and supported extensively by English and Union Ins. Soalety of Oamson, $1,100

And not as affecting the position of the by law merchants who bad teglected to use receipt was a deserter F

stat the time same when, if masters of popularity by similar celebrations in New Chinese Insuranes Co., 257 4The proceedings tipon their face are defendant," This acceptance of the state. stampa sa required by the Ordinanser He fitness, had sent for them and antions Jointly against seven seamen, each for being ment made by the Consul of the conclusion merchantmen are not gentlemen, it shall fork, Montreal botine, and other Tangbare Ins, Assoc., Tis. 890

Ohlins Fire Ins. Co., $175 them but the defendant did not think fit to a deserter, each arrested at a different time, to which he had come, was contrary to low be the interest of owners that God all be great cition, which the genius and indom North China Ins. Co., Tis, 880 call upon him, so, he took out the summons and so far as the leg evidence of desertion A court of law cha receive nothing but what at least gentle Ag mes diable to master table perceverance of the Scot have done to Fiss In Co., 1078 When the gase came on to-day the defen produced goes, Clark aldie deserted on the is on cath or of resurd or expressly made their own passions to 34 alowed to be manoh to False to greatness fant, was discharged with a caution, as Mr Band of October. No one else deserted on evidence by mistila Edversely against an masters over bikers?" are masters of mar, la Under these aroumstances, and taking BLK. W. Dosk Co., 10 % da Bassell was of opinion that the combined that day and the proceedings discloss he locused person as the ground of it decision: chant allys required to prova cualideation into consideration the influential character H.K. O, & M. S.-bost Oo,, 21 % dis effect of Ordinator 10 of 1044 and the evidence of conspiracy or agreement by him The statement by the Consul fell within to manage a ship? is it not are incumbens of the Committee of Management, it was Shanghal Boats Navigation, The 25 Bamp Ordinance scied as a bar to the or of his having any common design with baither of these descriptions of evidence, on owners to, merrten kant tay masters, only to be expected that the ball held in Hongkong GM Co., $75 prosecnidos precedinge being takes sis say pikke person charged there was nothing fasse valy grounde) for fudicial kaswiedt den management to mas engal to be the City Hall at Friday night, would Hongkong Hotel Co., 690

13p the net at duestion of a joint characters | waits dive mukoy frie Gist kermadge makegel, and an Hikman Ini br brute ProTa en augualled steams Were (kow | Chimene Imperial Loan, £304

BREACH OF THE STAMP ACT.

30 day

5.08