1879-10-28 — Page 3

No. 5088.-OCTOBER 28, 1879.]

Agents have offered the junk men that sum, which, I believe they are willing to scoopt.

struck the junk with her bows on the port side, and the junk capsized.

Mr Sullivan re-examined About 11 p.m. I rang the telegraph to tell the engineer to stand-bys as there were a num. ber offjanks near us. When we were clear I put the steamer full speed..

Police Intelligence. (Before the Hon. 0. B. Plunket.) Tuesday, Oct. 28.

THE CASE AGAINST THE

STEAM-TUG TAMB,

ALLEGED BREACH OF THE COLONIAL VESSELS

REGISTER ORDINANCE.

SUMMONS DISMISSED.

THE CHINA MAIL.

His Worship : In that trading Mr Sharp: That is a question I hope to deal specially with prosently.

Mr Sharp: I don't say so; but I say that any business of that kind done for money is trading.

His Worship: Are these lighters in the barbour, for instance, which deliver goods from vessel-are they traders ?

Mr Sharp: I should say they are traders, His Worship: Are they licensed ? Mr Sharp: If your Worship will refer to any authority or dictionary on the subject, It will bo easy to define what trading is,

His Worship: I don't think there is any special dictionary on the subject. I have

none.

ledge. The register is kept in my office. should have known of it had it been pro- duced, I believe.

Mr Brereton: It was not presented until the 14th October.

I

The Magistrate; Then the Fame la fn the position of a ship without a register..

Mr Hayllar: We have had no register since the 23rd August; that's quite

correct.

Mr Brereton: We have not had any, for two years, in fact,

Mr Wodehonse: (To the Court) The fee is $10 for renewal.

Inspector Mathieson: I am in charge of the Water Police. I have seen the Fams towing and steaming about in the harbour since August 23rd. On the 4th inst. I saw her towing the Victor Emanuel (H.M.S.) I have seen her almost every day, but have taken no particular notice of datos. This morning I saw her towing the Ocean from the Kowloon harbour to a buoy in tho centre of the harbour. I cannot wear i have seen her overy day, but I have seen her very often. I cannot recollect any other dates than that I have given. have not seen her going outside the harbor. To the Court:I have never seen her employed in any other way than towing, only to 1874 I saw her bringing in some shipwrecked people.

Mr Sharp: They elected to register the ship under this ordinance, and her register bag been going on ever since. The fresh endorsements required by the Ordinance were made, as was to be shown by the book of registor kept in the Colonial Secretary's Office, and the same record showed, as did the certificate of register which remained in from time to time renewed according to seo tached to the Harbour Master's Office. 1 the Captain's hands, that the register was W. Speechly: I am boarding officer at

tion 10, and everything was done and show have seen the Fame steaming in the har by the Fame to prove that she was registorbour on several occasions, since the 23rd ed and recognised as under this Ordinance August. On the 99th September I saw her until the 23rd August last, when the last towing a vessel towards Green Island as if renewal, signed by the Governor on the 234 going out of the harbour, I have been on September 1868, expired.

board the Fame. I know she is used as a tug-boat. I never saw or know her being used as anything else.

vents him dropping it at the end of she had that register she could have done the year, and that without any notice 50. whatever? It seems to me, unless you can Mr Hayllar: She has never done any. prove I am wrong on this, you will have to thing all along but tow ships; she should Couligo yourself scanrely to section 1. It have been all along under the Imperial Act. comes to be purely a charge against Mr The local ordinance had nothing to say Stopant of trading without a register. about tags,-tugs were not one of the cry. Mr Sharp But they have elected to re-ing ovila it dealt with; and all the Fame. gister under this local ordinance, and their even having no license could have been observance of the ordinance they have made to saffer, was, that they could have elected to register under

refused her a clearance, and she could hays been prevented going out. This was shown by Seot. 19 of the Imperial Act.

Mr Hayllar: Must go on for ever, I sup. pose. Strange argument.

Mr. Sharp No. Until the vessel can produce ber reglater under the Imperial Act.

Hts Worship: Let me put it this way. A woman registers herself as a prostitute for a year. After her year is out could you prosecute her under the O. D. Acia?

analogous.

Mr Sharp: No, but the cases are not

His Worship: Then, how long is your register to continue; as long as the ship lasts, or what?

Mr Sharp; As long as they elect to come under the local ordinance.

His Worship: It seems to me they have elected not to come under it any longer.

Mr Sharp Then I submit confidently she has brought herself under Sex. 1.

Mr Hayllar: What? Trading with the Coast Porta of China?

Mr Sharp: No, not the Coast Ports of China; that is not necessary; in the harbour and waters of this Leland.

Mr Hayllar: Oh, I'll have a word to say on that.

His Worship: Then, under that section is the Captain responsible i

J. J. Sullivan, sworn, states:

His Worship: They must have thought I am recond, mate of the Amoy. I

it was trading else they would not bare had the first watch" from · 8' tô 10

taken out this license. They must have on the 2nd Oct. The ship was bound to

thought they had to take out this license Hongkong, steering W. by S. going 'knots. The Court was then cleared, and re- or they would not have done so.

You any One man was on the raised forecastle. A opened in the course of an hour.

her regular employment has been towing quarter-master was with me on the bridge" Thefdecision of the Court will not be pub-vessels in the harbour i The weather was fine and nearly calm.lished til after the Governor's approval. The moon set at 11:30 p.m. We passed large number of junks in the first watch" going to sea. We altered course several times to clear them. At about 11 p.m. I called the attention of the engineer on watch, I passed a barque on her port alde, While passing the barque a fleet of junks was crossing my bows, stand, tug seawards. I could not port my helm to pass under their stores as I should then have run into the barque. I put the belas band to starboard to keep clear of the barque. The first mate then came on deck. A junk was 4 points on our starboard bow. The first Alexander Stopani, maater of the 8. S. mate stopped the engines. After the Fame, was charged for that since the 24th engines were stopped we were going a knot day of August 1869, being in command of to 2 knots an hour. The junk on our the British owned vessel called the Fame, atarboard bow struck us about 20 ft. abaft he unlawfully did trade within the harbour the stem. Our cat-and-fish davits were in of this Colony, without complying with the their places. I went to the forecastle, and requirements of Ordinance No. 4, 1855, the look-out man told me that he had entitled "An ordinance to establish a pro shouted to the junkmen to go about, but per system of registration for Colonial that they were apparently asleep. A Vessels; and also nolawfully did neglect quarter master and some sailors were at to produce the register of the said vessel the wheel. I followed the junk along the to be endorsed as required by sections 6, 9, desk until the junk was clear of the pro-and 10 of the said ordinance. peller. I saw that the meats were knocked The case was to have been taken at 12 out of the vessel, but she did not seem to o'clock, but at the request of Mr Bre- have suffered greater damage. I did raton, it was postponed till 2 o'clock, by not blow the whistle, because I thought, which time it was expected that Mr Crosgh I might confuse the junks that were who was engaged in another Court would

Mr Sharp According to the provi about. I did not call the Captain be frea to take it up. At two o'clock Mrsions of the Ordinance it ought to have es 1 did not see the necessity of Creagh was still engaged, and as had bean been presented to the Colonial Secretary dolog so. The engines were not backed to arranged before-hand, Mr Plunket proceed one week before the date of expiration of stop the ship's way. The salls wero abacked with the bearing.

the twelve months, for renewal," This was Mr Sharp: Have you seen her orossing as the ship had been brought head to wind, Mr E. Sharp, Crown Soliciter, pro- not done, and I don't suppose these pro-and recrossing to and from the Docks? Mr Hayllar: No. A change of owners I don't know how the ship's head was when secuted on behalf of the Crown; and the ceadings would have been taken unless on Witness: I have seen her going across in a ship can only take place according to the collision occurred,

Captain of the Fams was defended by Mr former occasions there had been a neglect for a ship and then tugging her over, law in one way, by a bill of sale. No such T. C. Bayliar, Q.C., Instructed by Messrs In carrying out the provisions of the ordin Mr Hayllar She is generally looked bill of sale has been made in connection Brereton and Wotton, Mr Brereton appearance with regard to this same register; upon as a tug-boat 1-Certainly.

with this ship. So that legally the owner. Ing.

in fact, it might have been overlooked. The Court: Unless she was very fla-ship of the veasal has not changed. But because of this I am now instructedgrently contravening the law she could not Mr Sharp Then the registered agents to take these proceedings. Mr Wode have been trading with China without a are not in the Colony. house will produce the Register kept in clearance from your office?-Certainly not. the Colonial Secretary's office, or rather a Mr Hayllar: As a matter of fast we never certified copy, which under another Ord, applied for a clearance. was to be taken in any Court as equivalent to the Register itself. The copy was esrti- Capt. Conner of the Hainan was called fied by the Colonial Secretary (Sec. quoted) as a witness for the prosecution, but did I put it that the Register speaks for itself; not answer to bla naine, and to do away it shows all the endorsements made, and with the necessity for an adjournment, or renewals; but I shall put Mr Wodehouse in for more witnesses being examined after the box, and ask him as to all the endorse the Court had heard him, (to which course mouse and declarations which he will pro-he was quite ready to submit) Mr Hayllar duce regarding this ship. These papers said he was perfectly willing to admit that with his evidence will speak for themselves the Fame left here on Saturday and pro- and will really complete my case; but I ceeded to St. John's Island, which is South ahall also call other evidence to prove that of Macao, that she there picked up the atr. she has been lying in port and has been Hainan, whose abaft was broken, and tow- towing vessels and has been trading in the ed her into port, arriving bere on Monday waters of this Colony since the 23rd of morning. This was done in the way of August without any register whatever.

Mr Wodehouse, put in the witness-box, produced the following documents-

F. P. Aubin, sworn, said I am Chief mate of the Amoy. At midnight, 2nd and 3rd Oct, I was called to relieve the deck. When I got on the bridge I heard the second mate give orders to hard a star board." I saw we were in the middle of a fleet of junks. I saw one that could not clear us unless she altered her course. She had no lights. (The rest of this witness's evidence was corroborative of that given by the second mate.)

Mr Sharp, In opening the case, said this was a summons against the master of the steamer Fame for an infringement of certain provisions of Ordinance No. 4 of 1855, which was "An Ordinance to establish a proper system of reglatration for Colonial vessels." There were several sections under which the prosecution said he had rendered Hung Afook, seaman on the 4moy: I himself liable. By Section No. 1 it was went on watch at 12 midnight. He did not provided that "from and after the passing see the collision. I was on watch on the of this Ordinance no ship or vessel whated forecastle; it was a fine night; there was a ever owned by a British subject shall be at little rain, lasting about 2 minutes. I have liberty to trade in any of the harbours of bean over 14 months' on board, and this Colony unless in the case of an outward do not know port from starboard. The trading ship or vessel she be provided with junk struck the steamer on the starboard. a certificate of registry, in conformity with dide. The bow of the junk struck the the Imperial Acts of Parliament in that steamer ; I do not know what damage was behalf; and in the case of a China trading done. The junk was not damaged. I do abip or vessel she has in all respecta com not know whether any ropes were broken.plied with the requirements of this Or. The foremast of the junk was broken, none dinance." of the other mäste ware broken. I did not see if there were any persons on the junk, It was night. 1 saw a barque on the star- board side some distance off. I heard people on the junk screaming, but could not see them. As soon as the junk struck the steamer I saw there were people on board and heard them scream. I now say I did not hear them scream, and 1 did not see them.This witness was cautioned about telling lies.

Esson, a quartermaster on board S. 6. Amay, said: I was on watch on the bridge from 8 to 12 on the night in question. I was on the lookout for vessels and junks. I saw a junk about 12 o'clock. I saw no another junks during the first watch. At 10 minutes past twelve I saw a barque on the starboard bow. One junk stood close on to the Amoy. The order was given "hard a starboard" when, the jack was 4601. The Oblef Officer ordered the engines to be stopped. They were stopped. The junk's bow struck the steamer on the starboard side. The junk's foremast was broken but not the mainmast. The Chief Officer was on the bridge, but did not order witness to call the Captain,

was owner.

Ho Fungi, master of a fishing junk bearing a flongkong licence 2814, said: I sent in a petition to the Governor. The junk is now at Sow-ki-wan. I was on board my junk in company with the one that went down. I am owner of junk 2814. The other junk carried a Hongkong licence, No. 1645, Ho Shang Hoi, witness' father, There were 14 persons on board the junk. Some were relatives; my wife, one son and one daughter, one sister numarried, and a brother-in-law and sight zeamen. The lost junk was my grand- father's, who left it to my father. About Il pan. 2nd instant my jask was sailing in company with my father's junk. We were not fishing at the time. The two janks when not fishing always keep in sight of each other. I saw a steamer come down upon my father's junk. The wind was E,

The Magistrate Then, I suppose, this is what you call a China trading ship?

Mr Hayllar: No; I deny that entirely. Mr Sharp: Yes. It is not only the proper mode of describing the vessel, but by a solemn declaration which I hold in my hand she is so defined. But that will be matter for argument.

The Magistrats: You bring this notion against the Fame an a China trading ship? Mr Sharp Precisely. The next section, under which she is summoned le No. 5, by which it is provided that "the register of every Colonial registered ship or vessel shall be produced once at least every six months to the Harbour Master, who shall endorse the date of such production on such register, upon pain on failure of auch production of the forfeiture of auch register, unless satisfactory cause for such non. production be shown to the Colonial Secre. tary,"

The Magistrate: For what term is the original register 7

Mr Sharp By Sec. 10, Your Worship will see" for one year from the date of such register and no longer. "

The Magistrate :"The original fee ? Mr Sharp: $25.

The Magistrate: Yes, I see, and $10 for renewal.

Mr Sharp: And there is in addition a fee of $25 for the Harbour Master's certifi. cats without which no register can be obtained. Coming now to the facts of the oase against the defendant, he would be able to prove, Mr Sharp continued, that on the 26th August 1865, this steamer Fame was registered under this local ordinance, There was, as his Worship would see, the Imperial and local ordinances under either of which she could bo registered. were very serious fines and penalties Im. posed, as his Worship would see, for non- registration. With regard to this Colonial Ordinance it had been passed for the convenience

There

Mr Hayllar: What serious fines and

Mr Brereton: You can stop her olear ance; that is all.

Mr Sharp, proceeding with his statement, said this vessel was registered in the name

Mr Brereton: A month after her license expired.

1. The original registration dated August 23rd, 1865.

2 The Harbour-Master's certificate on

Mr Sharp: Have you seen her plying between here and the Dooka ?

Witness: Not if you mean plying for hire.

Mr Sharp: 1 admit that.

businese,

Mc Sharp Money was received for the service rendered ?

The Court: I have got it down,-in the way of business."

Mr Hayllar: I um perfectly willing to try which the vennel was registered; dated the case on the fairest basis, -as to what 26th July, 1865.

the Fame has done, She has towed 3. The declaration required by the Orships, distressed ships and others, and been disance Seo. 2, in which it was set forth paid for it. Everything a tug could law- that the vessel was designed for trade with fully do she baa done, China and none other; and, also,

4. The bonds executed by Thos, Sulher land and Douglas Lapraik and two sureties whereby they bound themselves to at all times comply, on behalf of the Fame, with all the provisions of Urdinance No. 4 of

1865.

Mr Hayllar; I have not seen this bond until now. What is it? Who are the parties to it] (Shown the bond) I tako un objection to the admission of this bond Inasmuch as it has nothing whatever to do with the case; it has nothing whatever to do with Mr Stopasi, and cannot therefore be admitted.

Mr Sharp: And I suppose you will ad- mit she carries goods backwards and for- wards to the Docks.

Mr Hayllar: I will admit nothing of that kind, although I don't thing it would make the slightest difference; the summons is wide of the mark anyhow.

Mr Sharp; But does she not carry goods, materials, to the Docks?

Mr Brereton: We will admit she carries coals for her own consum tion (a laugh),

Case for the prosecution closed. last two witnesses, that is resting solely on Mr Sharp submitted that without the the documents that tai been put in and the evidence of Mr Wodehouse, his case was completely made out, unless his learned friend could produce a register on which the endorsements appeared according to the Ordinance.

The Magistrate: Why do you not object to the admission of the other documents?

Mr Hayllar: They are entirely on a dif- ferent basis. Bere is a bond signed by Mr Douglas Lapraik, and Mr Thomas Suther land in 1866, now sought to bo used as evidence against my client, the Captain of the Fame, a gentleman named Stopani It is one of the commonest axioms of law that the parties to a bond are the parties to be sued under this bond, The signatories are the parties to be sued under this houd if Mr Sharp wants to suetainly under Seot. 1. under it. I presume we are being sued under this bond if Mr Sharp wants to put it in,

Mr Sharp: Mr Stopant is the defendant in this auit merely as the Agent of the

owners.

Mr Hayllar: One of the men to the bond is dead and under the ground, and you want to bring Mr Stopaul in under the bond.

under the bond.

desire to put it in. It is a portion of the Mr Sharp I must put it in. I really

complete case I desire to lay before the

Court

Mr Sharp: We are not sulag on the bond.

Mr Hayllar: You are apparently trying

the present defendant, it must coms under to recover a penalty on the bond.

The Court: If there is any case against Sec. 1.

The Court: That is with an endorse- ments later than 23rd Nov. last year.

Mr Sharp, continuing, said that unless bis friend could do that he submitted that the case be undertook to prove against the defendant was made out, under Sections 5 and 10, which he would take fi st, and oer

The Magistrate: We have had no evid- ence whatever, Mr Sharp, of the certificate not having been produced to the Harbour Master.

Mr Sharp :

Where is the endorsement ? There has been none.

The Magistrate: There has been no evi- dance on that point. The Harbour Mas- ter's officer you had here. said nothing about it. Mr Wodehouas said nothing shall be entered in the Register at the time. about it. The Ordinanes doer not say it You have brought nothing and nobody to prove it,

Mr Sharp: It is for the defendant to prove he has produced it; by showing the endorsement.

His Worship: You o juld have subpoenaed the Harbor Master. You have proved no lufringement under Section 5.

|

Mr Sharp: He is the agent of the

owners.

Mr Hayllar: You can proceed against

the owners.

Mr Sharp: Then another infringement has been committed in not having the change of the ownership registered.

Blia Worship: Then who are the agents Mr Sharp The Captain always. His Worship: Is there any other in

this case?

Mr Hayllar: Na

shail, unless registered, be recognized as a Bri- And no ship hereby required to be registered tish ship; and no officer of customs shall grant a clearance or transire to any ship hereby requir ed to be registered for the purpose of enabling her to proceed to soa as a Britisk ship, unless the master of such ship, upon being required so to do, produces to him such certificate of regis try na is heremafter mentioned; and if such ship attempts to proceed to sea as a British abip without a clearance or transire, such officer may detain such ship until such certificato le produced to him,

The penalty was absolutely nothing. Now, he came to the 9th Seo, of which Me Sharp had quoted only the first two or three words "Any infringement of this ordinance" "shall render, the register of said vessel null and void." Now the 11th Section was as follows: "Any infringe ment of the Provisions of this Ordinance shall render the Colonial register ipro facto void, and shall render the Ship or Vessel sailing under such Register forfelt to the Crown, in addition to the Penalty of Boude herein-before set forth." This could not apply to the Fame; she had no register; did not pretend to have. These dreadful penalties of the 9th Section were only plainly enough for vessels with regis.

tora,

His Worship: I must say that is how I read it. If tugs are liable to poualties for not being registered, let the Crown Solid- tor summon them all under the proper ordinance, Are all those little steamboata in the harbour tags ?

Captain Deane Steam-launches.

His Worship: There are any number of them. But this ordinance says nothing about tugs. I am entirely with you on that point, I hold that the moment the vessel is out of the register, she is out of the Ordin ance. I am also with you on the point that the penalties under the 10th Seo, can only apply to vessels which have registers, and cannot therefore apply to the Fame,

His Worship: Then, Mr Hayllar, sup-which has no register. The case has broken pose this illegal trading under sec. 1 proved, down on these points; and, Mr fayllar, would you question the Captain's being the suppose it were proved-this is with regard right man to suffer the penalty?

to ssc 1--that the Fame had been trading Mr Bayllar: Yes. And I would ques-with China alaos the 23rd August, is there tion a great deal more too.

any penalty?

His Worship: Then you confine yourself only now, Mr Sharp, to the 1st Sec.

Mr Sharp: Certainly not. I submit that a case has been made out on all the Sec. tions, No. 1, No. 5, No. 9 and No. 10. No, 9 I would not press, of course, after what Mr Hayllar has just said.

His Worship: With regard to Sec. 5, we have not had a particle of proof. You can not bring a man bere and ask me to impose this penalty on him if he is not able to clear himself. It is for you to prove your case, In order to clear the way I shall now hear what Mr Hayllar has to say on the charges other than that under Seo. 1, which standa by itself.

Mr Hayllar: No. The ordinance is a very unsatisfactory one, and for three or four years its amendment has been under consideration. The subject has been un- der my own consideration for many years. have always seen its weakness. Bat they would not go beyond the Imperial Law, which I have read. The pensity is nothing; only they detalu the resBEL

The Magistrato Baid the summons_would be dismissed. The first thing that had to be proved to secure the case was that the vessel had a register; the local ordinance only applied to those vessels which had registers, not to those whose registers had. lapsed or who never had any." The first Mt Hayllar, in order to come to a proper thing the Crown Solicitor did was to prove understanding of the ordinance as a whole, the Fame had no register, had had no eaid it was necessary to look at the preamble register since Aug. 23 If he had proved and to read in connection therewith sect. 1 that when she had a register it had not been and 11, and then they would have the whole produced to the Harbour-master, that would thing in a nutshell. The oject of the bill have been an infringement, but that he bad was thus set forth-Whereas many not proved. All the penalties as I read the illegal acts have resulted from the improper ordinance apply only to those vessels which use of registers granted at Hongkong under have registere; the forfeit of that registor is the provisions of the Imperial Acts to the chief or first punishment. The Fume vouls employed solely in trading with the had no register. mainland of China, and it is necessary that legal trading should be protected and

His Worship; I do not consider I am illegal trading prevented: Be it therefore purpose of the Act; it was to stop ship or vessel trading within the meaning of enacted." This was the cue of the whole called on to decide whether the Fame is a

illegal trading with the mainland of sec. 1, as there is no penalty under the ordi- Chins. Wallace laid it down that it was nance for an offence against that Section. Impossible to understand an Ordinance This may be a case which might be ludloted without carefully having in view in con- as a misdemeanour, Mr Hayllar? nection with every section the preamble,

Mr Mayllar: It may be ao, the purpose of the act. This ordinance The question of the bond was again was directed against amuggling. There raised, but His Worship said he could not had been a great deal of smuggling, go into it on this summons against Mr and in order to prevent ita continu- Stopsal. ance this very peculiar ordinance was Case dismissed. was passed. Vessels carrying the British flag need to go away up to the non-treaty ports and create great abuses. So this Beo. 1 Was passed, providing that

*'no ship or vessel whatsoever owned by a British subject shall be at liberty to trade in any of the harbours of this Colony, unless in the caas of an outward tradin ship or vessel she be provided with a certi ficate of registry in conformity with the Imperial Acts of Parliament in that behalf; and in the case of a China trading ship or vessel she has in all respecte complied with the requirements of this Ordinaños" Act further. This gave the clue to the purpose of the

The Magistrate: What is meant by trad. ing in any of the harbourn of this Colony ?

Mr Hayllar: It is very awkwardly word- ed; it simply means "from."

The Magistrate: That is how I read it. Mr Hayllar, proceeding with his history of the ordinatos, said it was the celebrated ordinance from which arose the equally co- lebrated Arrow war. Obiness residents and Portuguese could hold British registers (Colonial), and the lurchas went up to Canton and created great difficulty there; this trading under the English flag Ordinance 4 of 1866 was passed to

Mr Sharp: Then under Bec. 17 Mr Hayllar: Where is the penalty?

CORRESPONDENJE.

A CASE OF DOUBTFUL "FAME" To the Editor of the "CHINA Mark.”

October 28th. SIR,-Permit one through your columns, to congratulate my fellow-residents of thi Colony, that in his most recent attempt to injure local enterprise, Mr John Pope Hennessy bas "busted"

His Excellency's surname indicates "spirited" action, (Battle-Axion, If you will), and his prae-nomen used to be a synonym for infallibility," but of thin attribute it has been "docked" to-day.

Let us hope that a similar failure may attend his designs anent the City Hall, and then, we may sing, as in childhood's days, “Oh, let us be joyful!”

"WHAT'S IN A NAME?

"THE YOUNG IDEA.” To the Editor of the "CHINA MAIL.”

October 28th SIE,While passing to-day a number of Chinese children at play, I was struck with

His Worship; That makes it the more difficult to prove this one has not pro- duced, perhaps, but the Court has nothing to do with that. I bave evidence before regulate. This was the whole key to the the amount of excitement going on amongst me the register was not renewed, if that la ordinance. The Crown Solicitor said that the little ones, and I was tempted to ask a any good. You must satisfy my mind on this vessel, the Fame, was a China trading Chinese friend who was with me the cause

me all about it. everything, you know. I have never had vessel whlob had not complied with the of their unusual happiness. To my sure. a case like this before, and you must tell law. Now it had been proved that she priss I learnt that they were playing at never had, or if ever, certainly not for buying and selling children; and one little Mr Brereton: This is the first case of the many years, but never, so far as he urchin had dignified himself Sir John kind there has ever been in Court.

was aware, been connected with any trade Smale, and was perobed on the top of a with China. It was necessary to hear indoor-step, miad, in view of the preamble of the Or dinanon, what was trading with China." She was a tug, and sings August 23rd, she had been towing vessels and so on, and had no register, when in point of fact she should have been registered under the Imperial Act.

I was standing out to sea, and my bows penalties are there imposed for non-regis Mr Stopani is that he has been trading in His Worship: The only charge against were 8.E. I was about 50 chong (160 yds.) | tration 7 from my father's junk when I saw ber Mr Sharp: There are such imposed by a vessel having no license; that is how the run down I had no light, the other Sec. 19 of the Merchant Shipping Act.

case strikes my mind. If any license were junk bad. It is customary that whan

Mr Hayllar: I never heard of them bein existence, then some one might be liable two junks sail together one only shows fore, I must say. s light. Lzaw the steamer strike the junk amidships on the port side. The junk was instantly capsized, turned upside down. The moon was up, at daybreak. The steamer continued her course after the of Mr Douglas Lapraik and Mr ThomaN His Worship: You can put it in so far. Mr Bharp: The Harbor Master has no collision. I immediately went in a small Sutherland, the latter now one of the You can put it in to show me the whole regular record of the registers produced to boat and tried to pick up those who were Managing Directors of the F. & O. 8. N. history of this vessel, and when the him. drowning. When I got to the wreck the Co.

question arisen as to how far if at all it can steamer was far away from me. No other Mr Hayllar: And Mr Lapraik is dand be used against Mr Hayllar's client, the junk rendered assistance. I picked up and gone long ago.

question can be argued. twelve cousins. There were some junks His Worship: Are they declared owners close by, but they gave no assistance. Of the as representing any company or partner. jonk's crew, six persons were lost-my | ship? father and mother, 1 niece, 2 nephews and 1 seaman were lest. The day before ly declare that no one else has any interest

Mr Sharp: On the contrary, they solemn the collision I saw these persons on board. in the vessel.

Qus Fung Troi, a fisherman who was on His Worship: And one of them has board the junk when it went down:-I was been dead for some time. I am to take it sleeping in the hold. The junk belongs to for granted, I suppose, that this register has my father and of course 1 am disinherited been regularly produced to the Harbour In a fishing junk it is only one who comes Master every ax months and regularly on deck, the atommas. All the others go renewed every year 1 to sleep. Heard the steersman shout out, got up the hatch-way and saw the steamer strike the junk. He was not in the same place with his father and mother. The Mr Sharp The signatories of this bond, junk when struck turned over directly. Mr Douglas Lapras, and Mr Sutherland The steamer did not stop; last witness set forth in their bond that she is a vessel “saved his life.

designed for trading with China; this was *** Toung Ye Bis-I wassteoreman of the junk in 1885.

that was sunk. There were five or six per- His Worship: Had they been running sons on deck besides myself when the collision her before then without a floense? sconrred. They were awake. I shouted out Mr Hayllar: No; I fancy she had just that a steamer was coming and then these come out. man came up. We parried a light on the His Worship: What was she engaged in aftermast. It was raining heavily and con. then ? tinned for half an hour. I only saw one- Mr Hayllar: The same as she is doing Jellow, ope, as soon as I saw the and anything to harbour, town light the stemmer struck. There was no ing ships and anything else the Dook Com one else on the look-out, The steamer | Phay hove for her to de

Mr Sharp: Then, presuming there is an infringement under Sea. 1, the 11th nestion provides for the penalty to be imposed for the same; the words "for any infringement."

The Court: That will be argued, I have no doubt. You can put in this bond as part of the history of the Fame for the last ***- 3:7 or 8 yearKKT

Mr Hayllar; Twelve years.

Mr Hayllar: No, No, Your Worship, I think not. Better take nothing at all for granted.

( laugh.)

Mr Sharp: I say the evidence is suffici | ent if it is shown, and your Worship says it has been proved to your satisfaction, that she falled to rener her register. The 11th Beat, provides certain penalties for any offence, not for some offences only under this Ordinance, but for any offence whatever under this Ordinance.

The Magistrate: The question which The Magistrate: Why was she over forces itself on my mind is this, an under this focal Ordinance 1 vessel not take a license or register out for Me Hayllar Simply because, when

Mr Brereton: Fourteen, your Worship Mr Hayller: If the bond is only put in so far, I withdraw my objection. If it in a year or two, or three years, and drop they brought her out 15 years ago, they. attempted to use it for any other purpose it whenever she likes 13 not like did not exactly know that they would

His Worship It will then be open to

a man who takes a license for a house; not employ her in trading. It was question.

it may be a conditional: License that if no doubt Intended from their declaration Mr Wodehouse: I produce the bood he does certain things he shall be that she should run along the Coast, and already mentioned and the usual declaration entitled to a renewal of it by endorsement as long as she had this liosaat she could of ownership. The certificate of register simply at the end of the year 1 Is he bound have done so ; it was no doubt kept up porresponding to this register of the Fame to renew it at the end of your↑ In the case with that knowledge; but she had never has not been produced to the Colonial des not exactly on all fours with this I Can you ones in any way been concerned in trading protary's office for renewal since the show me any reason or any authority or with Chins.* 23ed August lant, to the best of my know, | any condition in the Ordinance whigh pre,

The Magistrate : Preosely. So long as

Shares.

W.

Hongkong Bank, 58 % prem., aalen, Union Ina. Society of O'ton, $1,850, China Traders' Ins. Co., $1,325, miles, North China Ios. Co., Ts. 1,125, buyers. Yangtare Ins. Assoo, Tle. 725, bayera. Chinese Insurance Co., $800, sales, H.K. Fire Ins. Co., $839, sales China Fire Ins. Co., $205, buyers. H.K. & W. Dock Co., 14 % prem. H.K. 0. M. S. boat Co., 811 prem. Shanghai Steam Navigation, Tla. 11 China Coast St. Nay. Co., Tla. 95 Hongkong Gea Co., $70 Hongkong Hotel Co., $65,

hiress Lapaling Obina Bugar Refining Co., !

Do