1880-01-10 — Page 3

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No. 5150.-JANUARY 10, 1880.)

SUPREME COURT.

(Before the Full Court.) IMPORTANT DECISION AS TO THE STATUS OF THE FRENCH MAIL STEAMERS: BEGINA V. Ö. v. CheAGE, 58Q., ACTING POLIOR MAGISTRATE, HONGEONO.

Saturday, Jan. 10.

the Magistrato to grunt-a search warrant in this caso.

THE CHINA MAIL.

for the purposes of smuggling in the volution in postal matters has been effected, Colony, and it seems to me from way the ordinance is framed that the Legis-ventions of Berne of 1874 and of Paris of the and that they are now regulated by tho Con- lature foresaw the difoulty and provided 1876. against it by the insertion of slavers. 8 and 33. It is noteworthy that in these com- 9 of Ordinance 2 of 1868; which in the ro-ventions to which all the nations of the gent revision of the Opium Ordinances have world may be said to be parties there are no been allowed to stand."

stipulations whatever for any special privi- leges for mail steamers.

This is B

a

ovidence was offered.

10. Whatover character, she sustaihod

the Anadyr must be asumed to be covering breach of a Escal ordinance, that is over- ing smuggling, which is contrary to the comity of Nalous, and an abuse of inter- national immuuitica,

her is ortinguished.

ure French nor an English, port, and she 13. It is not contended that the Opium

Crown which I believe to be without 1 or 2, and therefore not made a vessel of the treaty-making prerogative of the is not employed in execution of Art. Farmer in coming to this Court or in the form of hie application has misconceived his

precedent and in principle contrary of war under Art, b, and she was liable to remedy. The ordinance 2 of 1858 confers

consider to what consequences it loads. If to search, at least until the British Post to the laws of the constitution. Let me be dealt with as an ordinary vessel subject a certain power on the Magistrate, and oreates a corresponding right in the Opium

the Crown without the authority of parlia. Office should have restored her to its pro- mont may by proces of diplomacy shelter teetfon by putting the mails on board of Farmer, in his own interests and in the 21. He baving this right, conferred on interests of the general revenue of the him by a special Aot of the Legislature of

a foreigner from the action of ons of Her her, which had not been done at 5 o'clock Colony, to bave that power brought into play this Colony, approved of and sanctioned by go. The doubt raised by the Magistrate as

34. In conclusion I think this rulo must Majesty's subjects who has suffered lojuryp.m., when we made the order, nor for se- on a fitting occasion. The Police Magis-, Her Majesty, comes to this Court for its to his power to issue the warrant in ques- also give a like privilege of immunity to a vessel had lost her atataa by going Lo at his hands, I do not see why it might not voral hours afterwards. Assuming that the Their Lordships gare final judgment trate has refused to exercise that power, aid to enable him to enforce that right, and tion has been resolved in favour of his number of foreign individuals. to-day in the cdo heard in Camera on giving his reasons for his refusal, and the the Court is in my opinion absolutely bound jurisdiction.

The law Shanghai the onus lay on the Attorney Wednesday, in which Ban Hop, the Oplum Opium Farmer has no other means of en- to lend its aid unless some other act of the warrant on that one ground only. The those portions of internatio al law which lutely restored to her at the time when the He refused to grant the of this country has indeed incorporated everal to show that it had been abao Farmer, applied for a mandamus directing forging his rights and protecting the in-law-making power has taken away the right order of this Court must therefore be give immunity and privileges to foreign avarch warrant was issued, but as to this no the Acting Police Magistrato to issue a terests which he says are imperilled by the or interposed some barrier to its exercise in that a rule absolute be granted the ap-ships of war and foreign ambassadora; bu warrant to search the steamably Anadyr, act of the Master and Owners of the steam- this particular cases.

plicant, for a peremptory Writ of Mandamus I do not t' ink that it has therefore given (belonging to the Mensageries-Maritimes) | ship Anadyr in bringing prepared opium izto

22. Has there been any such law? The commanding the Magistrate to issue a search the Crown authority to clotha, with this for opfum.

the Colony without his license, than by apply A. A. General saya that he can produce no warrant in respect of the 22 piouls of pre- immunity forein vessels which are really The Hon, the Acting Pulune Jadge (J. ing to this Court for a Writ of Mandamus. Act of Parliament, Ordinance of the Legis-pared opium said to be on board of the not vessels of war or foreign persone who are J. Franels, Esq.,) said :----

All the elements exist in this cass which aa Intive Co neil, er order of H. M. in Councileanornadyr. 1. Under the provisions of the opiam or- thorise the application for the Prerogative giving the force of law to the provisions of Lord in thinking this argument should be convention made by the Crown would be not really ambassadors,” (I.R. 4, P.D. 144). dinances 1858 and 1879, Mr Ban Hop is the Writ in question.

3. I may add, I fully concur with my There is a public duty the Postel Convention of 1856, or in any

And he held diarinetly that no treaty or grantee, in consideration of very heavy imposed on the Magistrate; a right in the way depriving this Court of its Jurisdiction beard mera.

11. Having come to this logal conclu monthly payments into the Colonial Trea present applicant to claim the performance

To have heard it inffectual to curtail the rights of any subject alon, that the Oplum Farmer has the right Bury, of the exclusive privilege of preparing of that duty; a distinct application to the and any British subject of his ordinary public would have been to have given the within England without an Act of Parias of search, this Court mus. ao decide, it can and selling prepared opium within this co- Magistrate, to act, and a distinct refusal on Maritimes, which are admittedly not a-

rights against the vessels of the Messageries parties concerned ample time and notice nient aanotoning and enforcing such pro- allow no considerations, ovon that the con- lony and of exporting from the Colony pro-his part for reasons assigned. There is no tional vessels but the vessels of a private tassel, assuming of course that there were existing rights on the subject. The argu-

to remove the contraband goods from the feased curtailmont by the treaty of pro-sequence of its deciding according to its pared opiam.

other remedy open to the Opium Farmer for trading company.

conclusion would be war, to stay its judg 2. For the better protection of the Mono- the alleged wrong done him by the Magis

any such.

ment is on this point exhausted to the mout There are judgments of Lord poliat and to enable him to enforce his rights | trate's refusal, There is therefore a proper

Koport and in the cases and treatises Stowell to that effect. till less can it roferred to in it. it is forbidden by Section 8 of Ordinance case for an application for a Mandamus.

that this Convention not having beat banc.

I conclude therofore yield to any less secione influence. 2 of 1868, for any person to bring There is no question here of whether there

toned by Act of Parliamout is in so far ss decision and issued its writ it is not non- into this Colony or the waters thereof, is or is not prepared opium on board the

it affects the private rights and remedies of corned with what may be done afterwards. or-except in cases to which Section vii. Anadyr in fact, or whether its being there,

English subjects incapable of being carried A delicate discrimination, guided in part by applica-have in his possession or custody if any is there, is or is not justifiable. The

into fet in England uoleas and until the iscretion, as distinguished from hard legal within the same any prepared Opium"; question now is simply, basthe Opium Farmer

decision in the Parlement Belge shall be decision, my then roat with the Executive, and power is given the Police Magistrates a right or not to have a search institutod

reversed or varied. The case affirms us no which, it is the duty of this Court to pre- by Section 0 of Ordinance 2 of 1858, on for opium believed, on reasonable grounds,

new law, if puls the old law seducible aume, will be duly exercised. Here the lawful evidence being laid before them, to to be in the Anadyr and to be there in

from the older case in a more clear light-duty of this Court eats. issue their warrant authorising a search in breach of the Ordinance?

international Law which in this cosmopo. any house, place or vessel within this Colony

liten harbour I have repeatedly had to con or the waters thereof for prepared opium

sidder and to declare, especially in the case introduced into the Colony without the li-

of a trading water from Annam claimed cense of the Opium Farmor and in violation of the provisions of Section 8 of Ordinance 2

Lo belong to the King of Annam.

of 1868.

3. The prezent Opium Farmer having re- ceived information that 22 picule of prepar- ed opium had been brought into this harbour from Shanghai in the steam-ship Anadyr, and that the opium in question was on board the said steamer in our waters, ap- plied on the 6th instant to one of the Police Magistraton for a search warrant under the

provisions of the ordinance in question,

|

23. The case of the Parlement Belge although, I think, a binding authority on the Free Admiralty Court of this Colony, is not in my opinion a binding authority on this Court sitting in the exercise of its plenary jurisdiction at Common Law. It is Judgment of a Court of equal but not of superior jurisdiction. .

The Chial Justice then said: After the hearing of the application of Me Ban Hop, the Opium Farmer, for the maud-mus, which concluded at about 5 pm. ou the 6th of January Instant, Mr Justice Francia and then concurred in the decision which he EB just now stated, that a rule abaiate 24. I do not think I should be bound hyer mandamus shou'd isene directing the it, if I did not agree with it, but, so far Police Magistrate to issue his warrant to from disagreeing with the views therein arch the steamship nadyr for prepared expressed I adopt every word of the very piom. It was not possible that we ould able judgment of the learned Judge of the then properly discuss the question rated, Admiralty Division. I fully concur in the and we stated that, contenting ourselves grounds and reason of his decision, and I with then giving the decision merely, we hold that a right once conferred on a British would, as soon as conveniently practicable, subject by an Act of Legislature cannot be state some of the grounds on which we had taken away or derogated from by any act or arrived at the conclusion. I had made some agreement of the Executive Government progress in a statement of the case on the whatsoever, hat only by an Act of the same bllowing morning, the 7th, when MrJustice or of some other Legislature having equal or

Francis banded mo bis judgment, almost superior authority.

identical with what he has now read.

He and entirely agree in holding it to be obligatory on us to grant the writ of mandamus. In the main I so much agree grounds on which Mr Justice in tho

14. The only question therefore for the Court is simply this,-Was the Magistrato right or wrong in the conclusion at which he arrived and on which he based his refusal to grant a search warrant that conclusion being that the steamship Anadyr is entitled to the status and privileges of a man-of-war and is, therefore, exempt by law from his jurisdiction? If, in point of law the Anadyr is entitled to the status and privileges of a man-of-war in this port, then the Magistrate was right in his conclusion that he had no Jurisdiction, and the Rule must be refused. 26. The same principle applies in the 1, on the other hand, she is not so entitled Colonies. The distinction between Legisla in point of law, she is subject to the juris- tive and Executive Functions is maintained go, because the right of the Opium Farmer to

is somewhat different, and even where the the warrant he asks for in, under the cirvested in one and the same person or body Executive and the Legislative authority is oumstances, otherwise clear.

16. The Acting Attorney General on be- the distinction is still habitually drawn be

tween the Governments of England and

son in the one capacity and the other. France, dated the 24th September 1856, published in the Hongkong Government Gazette of November 1872, by the 5th clause of which it is agreed between the high coa-

12. But when this Court has given its

4. As appears by the affidavit of Ng Mun diotion of the Magistrate, and the Rule must in all its integrity, although tho, machinery Francia has supported our joint conclusion which deprives English subjects of their away the things sought to be searched for

Kwan filed in support of the present motion the Aoting Magistrate refused to grant the warrant asked for on the ground that the steam-ship Anadyr was a French Mail; steamer and was therefore entitled to the status and to all the privileges of a man-of- war, and that he bad therefore no fariedio- tion over her.

half of the Crown puts in a Convention between the acts of that body or of that pureneur in most of them, and my views as to

5. The Acting Police Magistrate bas, moreover, informed the Court that on the evidence laid before him by the Opiumtracting parties that Farmer he would have immediately granted "When the packets employed by the British A search warrant in the case of any ordinary Post Office or by the French Post Office in trading steamer, and that he refused the execution of Articles I and II of the present warrent solely on the grounds of his sup- Convention are national vessels, the property of posed want of jurisdiction over the steamer Government, or vessels chartered or subsidized Anadyr.

by Government, they shall be considered and trested as vessels of war, in the ports of the two countries at which they regularly or accidentally touch, and be there entitled to the same honoura and privileges.

**Those packets shall be exempted in the said

departure, from all toonago, navigation, and freighted or subsidized by Government, which are levied on behalf of corporations, private must pay such dues in those paris where they companies, or individuals.

6. Application is now made to this Court by Mr Ng Achoy as Counsel for the Opium Farmer for a rule absolute in the first in tanee for a writ of mandamus addressed to the Police Magistrate commanding him to

that I have abandoned my intention to tee Francia has stated all facts necessary rite any statement of the case. Mr Jus to be stated. As to his arguments I entirely the rest differ so little from his that I ab- stain from travelling over the same ground. Referring to the Postal Convention and Ordinances and facts and circumstances as they have been stated, I will conane myself to somo salient considerations arising out of this large subject.

13. Unions the Convention shall bo put an end to under art. 37 or unless an ordia- I do not see how most serious difliculties *nce bo paaad co-extensive with the treaty,

and dilemmas may not frequently crop up England, the law is different to Hongkong.

6 But it is said admitting this to be so in under the circumstances as they now exist. This distinction was drawn by Sir John why this application was beard with closed In conclusion I think it proper to explain Coleridge, Attorney General, Sir G. Jessel, doors; it is legally called a hearing in Solicitor General, and Mr Bowen, as Conn-camera. ael for the Crown, in the Kwok asing duty thus to hear any application on the The Court has the right, it is Ita Case, L.R 5P.C. 190. They said "Tuis rar: occasion when pab icity would lead to. longkong) is a Crowa Colony and the frustrate the very object of the hearing. Queen can give any powers,"

Lord very application for a search warraut She (the Queen) cannot give a power thief or smuggler might know of it and put ustice Mallia interposed and asid, requiron searesy lost if publiely beard the

rights." On the authority of this dictum of before the warrant could be put in force. Privy Council, whose conclusions are Magistrate bad been privately made in this Lord Justice Mellish expressed in the We presumed that the application to the absolutely binding on this Court, and an the Queen cannot by treaty merely deprive other authority, I am bound to hold that 26. The Treaty-making power of the

this opium farmer of the right given to him Crown is vested by law in Her Majesty in

by the ordinance of searobing every ship person, Her Legislative Authority in this

bringlig prepared opium into this barbour, Colony is exercised by her either through

but that au Act of Parliament naming His Excellency the Governor in tis Legisin

Hongkong or an ordinance of this colony tive Council or by Her Majesty herself by and with the advice and consent of the Im

giving force to the treaty bere or at least perial Parliament" or "by and with the tate, and assented to by the learned Acsary to take away the right, neither of 1. It was assumed by the Police Magts- an order of the Queen in Couucil is neces- advice of the Privy Conueil" and not by being Atteru 7 General, that if prepared which is suggested to exist. In the Kwok self in person. (See Charter) Ja the exercise opium were shown to a reasonably pre Asing case, reported in LR. 5 P.C. 179, of her Treaty-making power she has entered samption to have been brought from any it appeared that Ordinance N. 2 of 1850sorious responsibility decide on the race into an agreement to confer certain privi- leges on certain French mail steamers. So har post into this harbour in any ordinary was passed in this colony to carry into acessions when it is necessary to hear far as the executive officers of the Govern-sip, a warrant to search the ship and torffect a treaty with C sinn, and this Court such applications in private. There have ment are concerned, Her Majesty's orders to suze the opium on board would legally having decided that for raas na too long been many such cases in England. I well be demandable AS of right by the to be here repeated the broaly had ter ramember one which was much talked of. A and obligatory on them as between them

give new effect to the new treaty within questions of family nature in a suit the colony was bald to be so absolute that gainst a noble lord and his family. The bulk of her subjects and a far as their rights and no steps have as it appears been taken

practice in this colony concur in affi ming are affected, the agreement is still in feri,

a declaratory ordinance was passed The defendants saked that the es might be dinum of Lord Justice Mellish and the

heard in private, and the Vice-Chancellor by the Crown to obtain a legislativo de

that no treaty by the Qten with a foreign the presence of the parties and their Cau isel Sir J. Stuart heard the case ia private in claration sanctioning that agreement and making of its terms a law binding on allontrary to the comity of nations for her Power on affect the rich's and privileges ud att rnies only. Me Malus (sow Vice Courts and subjects.

cenmander to sauction amu.gling or breach of the Queen's subjects within Hongkong Chancellor) for th plaintiff vehemently pro of our ordinances.

except under the sanction of an Act of tested but without avail, and the case was Parliament or of a local ordinance or pro- after such hearing decided and sustained.

case. There was the same reasoa for privacy to the application to this Court for a Mad- as there had been before the Magistrate

Warrant. Solely on that account and rigt damus to the Magistrato to issue the Search withstanding the importance of the ques Court to have publicly beard it, it was tions lavalved, which would induce the

thought proper that the application should known to the Judges from their long ex- be heard in private. Thure are occasiong perience as to when such beatings in pri vate are proper. The Judges on their

issue a search warrant in respect of the 22 ports, as well upon their entrance as opon their give effect to that Convention are bindingOpium Farmer under the Ordinances for minated, the necessity of an ordinance to plaintiff raised serious and scandalous piculs of prepared opium said to be on board port daos; excepting, however, the vessels and their sovereign. But as regards the the protection of the opium revenue.

of the atsamer Anadyr in this matter was on an ex parte motion by 7. The first application made to the Court Mr Ng Choy as Counsel for the Opium Farmer, for a Rule Nisi addressed to the Police Magistrate calling on him to show cause why a writ of mandamus should not issue commanding him to issue the search warrant prayed for,

8. The affidavits (two) filed in support of this motion showed a prima facie case for the issue of a rule nisi, but they also dis- closed facts which showed the case to be one of great urgency, needing prompt action.

9. Leave was therefore given the Opium

They shall not on any account be diverted from their especial duty, or be liable to deten tion, embargo, or arrêt de Prince."

18. The Attorney General subunits that the steamship Anadyr comes within the description of vessels mentioned in clauses Nos. 1 and 2 of this Convention, and that therefore she is entitled to the privileges stipulated for in clause 5.

national vessel" entitled under the ordin- 17. It is admitted that the Anadyr is not a

27. Thie being the state of the Law un the question we are absolutely bound in this Court, when properly applied to, to de- clare that law, and give the fullest effect to the rights it coulers. We would be luiling in our duty to the Crown whose Ministers we failed, aven against the Crown itself, to we are for the administration of the law, if

28. This question of the validity and binding effect of the Convention in point of law having been raised I have thought it right to express an opinion on it, but I am of opinion that this Rule might well be made absolute on other grounds.

Farmer to turn his motion into one for aary rules of International Law and therefore give effect to the rights of the meanest sub- rule absolute in the first instance; he was iu-the view of the Common Law to the pri-ject of the realm. dirosted however to serve that motion on vilege of exemption from the Jurisdiction of the Hon'ble the Colonial Secretary, the the Courts of this Colony, and that unless Hon'ble the Acting Attorney General, the she is within the Convention she is not pri- Crown Bolicitor, and on the Police Magis-vileged. It is sworn to in the affidavits trate, and he had permission to bring on his before us that she is the property of a pri- motion at an hour's notice or thereabouts. vate trading company and not of the French 10. Notice was ordered to be given to the Republic, and that statement has not been Colonial Secretary, the Attorney General and and I believe cannot be denied. the Crown Solicitor for the reasons and following the precedent given by the learned Judge of the Admiralty Division of the High Court in England in the recent oase of the Parlement Belge.

11. On the bearing the Attorney General appeared to show cause on behalf of the Crown and, following the example of the Attorney General of England in that case, he filed a protest in which he set out as follows-(Document read):----

Ca-the other hand it is not necessary

with prepared opium on board is not Lable dispute the rule that a bonx fule for egn ship of war coming into this harboor to be searched, however much it may be

bably an order of the Queen in Council; ¦ ¦ meas, as long as I sit on this Bouch,

and the learned Attorney General admitted | so continue to "axorgiant the disczation e could produce neither. Therefore for veatod in me by law to hear a case in the purpose of this decision there is neither. camera whouever the ends of justice ap

Police Intelligence.

(Before C. V. Creagh, Esq.) Saturday, Jan. 10.

Tag

DRUNK AND INCAPABLE.

John McBride, 21, seaman, unemployed, was cha ged by P. 74 with being drunk and incapable in the public streets yester

2. The one in the inquiry before us liss on the Attorney General to prove that at identical with foreign vessels of war the Anadyr belongs to the privileged class within articts 6 of the Convention, more

use the words of Sir R. Phillimere in the England was that where a vessel is not especially since, as appears by the af Javit 6. I may here stalo that I find that is pear to me to require it, ia eat.ro disregard before us, she is now carrying merchandise. 1872 the bighest non judicial opinion in

of all obloquy to watch is may expose me, Parlement Belge, L. R. 4, Prob. D. 146. Iwithin the terms of the convention and an of opinion that here is no protection not national property but merely chartered for the Anadyr except by the Postal Cou or subsidised by a foreign government for vation, which it must be admitted i; terms the Pug al Survice, ale has no claim to gives her it, or when, within its definition, exemption whatever, and that such exomp the privileges of a ship of war, Freedom ton is a privilege of to high a character from arrest of, and right to merch for con that it should be conceited only on clea traband goods, in a foreign ship of war, proof of the vessel being either national 29. I do not think the Anadyr is within ataud on the same primo pe. The former property or au sidized or chartered for the 18. The Court has therefore to interpret the terms of the Convention. The privileges carries the principle further, but it was postal service by the French Government, day, the Convention and to say if the Anadyr is conferred by the oth Section are confined to add to apply to a mail vessel, under a like and that it is not the more leave or license Defendant admitted the charge and was or is not within the terms of it, the applicant vessels coming within the description of the convention being in English waters, the of the government granted to a vesa-l to fined 81, in default, he was ordered to in this case contending as against the Crown vessels mentioned in Clauses 1. and II. of dual property of the Belgie Gorernment carry letters or other postal communicato undergo two days' imprisonment. that she is not. It is however further con- the Convention. The vessels mentioned in and officered by Belgic officers in the came tions which will entitle the vessel to the tended on behalf of the Opium Farmer that, the first clause are the packets running of the Parliment Belge. then under fike privileges given under the bil article of the

▲ TRIO OF YOUNG RASCALS, even if the Anadyr is within the terms of between Dover and Calais and carrying the Ciumstances, with the additional circum-convention. It seems to me that there is

Fo Asui, 16, Chiu Aahan T2, and Lan the Convention and entitled by Treaty be-mails between Great Britain and France, atos that the noder is not the property absolutely no such clear proof as this pi-Ching Pak, 14, were found guilty on tween England and France to have accorded and the vessels mentioned in the second of the French Governinout and is alle,ed to nion requires that the Anadyr coves within evidence of being in unlawful possession of to her in all English ports the status and clause are any packets to be thereafter be exempt being a vessel belonging to the privileges conferred by art. 5. privileges of a man-of-war, no legislative employed by either Government in carrying privato persons only because she is said to 7.-So far is this clear proof from having sanction has been given to the terms of that mails between the two countries Great Bri-

be subsidised by the French Government, been adduced that there is no evidence Convention, and that it is not compe- tain and France. The clauses road thus:— bow can she be brought under the whatever to the effect. If one may conjec- tent to the Crown, without the an- 1.There shall be a regular exchange of let-exduding he dnadyr from the principle between the Messageries Company and the Convention? I can draw no distinction ture, the probability is that the contract (a) The French Mail steamer Anadyr, at vessel with the immunity of a foreign ship between the Post Office of Great Britain and the and International Jurist Sir R. Phillimore, with the contract between our Government thority of Parliament, to slothe such tere, newspapers and printed papers of all kinds, of the decision of that very eminent Judge French Government is of the same character present lying in the Harbour is one of the of-war so as to deprive a British subject" Post Office of Franes, by means of two lines of mail packets running between Hongkong of any rights he may have against her, or steam-packets which shall continue to be main-art time follow

whose conclusions I do not now for the and the P. & 0. Cɔy. That contract in no and Marseilles, and is one of the packets to oust the Courts of this Colony of the

tained

or subadized, the one by the British mentioned in Article V of the Postal Con- Jurisdiction they would have over her, Government, and the other by the French

way subsidises any particular vessels, but it }. But assuming, as before stated, that gives one sutire subsidy of £360,000 a year vention between England and France of the while within colonial waters. In support of Government, on the Bus between Daver and the onus lies on the Attorney General to for the entire service and faves it to the P. 24th September 1856, which is published in this contention Mr Ng Choy sites the very Calais. The British Post Office and the French prove that this vessel is within the Conven.&O. Company to employ any fit vessele so December 1872 to which the Acting Atmore, in the recent case of the Parlement interest of the two countries, the days and bour Gevernment, there is no evidence of such power to the Crown to declare any auch weight upon the body is 15lb. to the square the Hongkong Government Gazette of 28th important judgment of Sir Robert Philli-Post Office shall regulate, by mutual consent,

and in accordance with the well-understood tion as a vessel subsidised by the French that they my perform the service, with a of departure and arrival at the above-mentioned eulaldy of this particular vessel.

Some vessels unfit. It asems to me most pro- subvention between the French Govern-bable that every contract between the packets."

be preanmed to exist; but it is not shown, Maritimes Company must be similar in meat and the Messageries Maritimes may French Government and the Messageries form to this contract and that presumably it is not proved that this particular vessel is absidized or that the subsidy is not a there is no specific vessel, (the Anadyr, for gros annual sum for the general carriage instan.e) that is expressly subsidised, and of mails in any vessel which the Company therefore that the anadyr dose not come may choose to provide; in other words that within the privilege of Art. 5 of the on-

vention,

"The Acting Attorney General ander pro- tent on behalf of Her Majesty the Queen gives the Court to understand and be in- formed as follows:--

torney, General craves leave to refer.

(b) The Acting Attorney General also in- forms the Court that the said steamship Anadyr is subsidized by the French Go vernment under the said article 5 of the said Convention.

(e) The French mail steamer Anadyr is der the end conrrinon be mabic mile une the said convention between and for the Post Offices of Great Britain and France.

(d) The Acting Attorney General under protest says that this Honorable Court has no jurisdiction to entertain this motion for amandamus, and that the Complainant can- not prosecute the same therein.

Belge (Law Reports, P.D. vol. iv., p. 144.) submits that, however applicable that case 19. In reply the Acting Attorney General may be in England, it does not apply in a Crown Colony, where the power of the Crows is for greater than in England; and secondly, that in the case of the Parlement Belge, a cass in the Admiralty Division of the High Court arising out of a collision, there was a manifest injury done to a British subject, for which redress was being sought, and that in this case the applicant, the Opium Farmer, has suffered and can suffer no loss, as the opium said to be on board is correspondence. simply in transit through the port and is not to be landed here."

20. To deal with this latter point first-

Biron bolts on the 9th inst

His Worship sentenced the first defen- dant to four weeks' imprisonment, two periods of ten days to be in solitary con the second defendant to four days' solitary osment, the remainder with hard labor;

ten days' solitary conânement. confinement, and the third defendant to

Palpit, and Petticoat are the three ruling THE wise man hath said that the Press, powers. And we manage to live under the ministration of all three.

ATMOSPHERIC air is so heavy that its inch. People can understand now why it is so hard to raise the wind.

A SENTIMENTAL novelist, describing his background," was horrified to find it re- hercine who always kept modestly in the corded in print that she always kept matesty in the background I"

which shall be exchanged between the Post Offices II. "Independently of the correspondence

of the two countries by the route pointed out in the preceding Article, those Offices.may mutaal- forward from one to the other letters, new- papers, and printed papers of all kinds, by the several routes hereinafter enumerated:-

Juar four years before the Queen's birth 1. By the packets which the British Gov-it one subsidy to the Company for aggre-

there had appeared anonymously the ernment and the French Government may gate services to be performed by any suit-

onlled "Waverly, or 'Tis Sixty Years Since respectively think it right to maintain, to

8. It seems to be probable that the Let us put the two sixties-the Queen's abb vessels which the Company may chooze effort to effect a more satisfactory arrange-real sixty and the somewhat elastic "sixty" freight, or to aubsidize, fur the conveyance of to employ. Could not the Company stop, ment in 1872 was not porsisted in because in the novel-together, and what a wonder- in this port, the Anadyr from going the Treaty for a general Postal Union had ful gap in the history of England is bridged 2. By merchant ships plying between the wet, and pat on any other suitable then begun to be considered and it was British and the French ports." (e) The Acting Attorney General under protest as aforesaid gives the Court to un

over! We are marching on Carlisle with French veset for the Service1 If this probably thought that the Convention of the Pretender, or charging with the bloody 30. As appears by an Affidavit of he so it could not be contended that 1866 might be, but in fact it was not, derstand and be informed herein that he I am of opinion, after careful consideration / Edmund Sharp, filed by the Acting At the identical vessel the Analyr is subsidis- merged in it. It.in

Cumberland at Culloden, or standing in the be lamented that great crowd on Tower Hill whilst the head opium in the said steamer Anadyr as alleged Farmer has a right to prevent the entrance this vessel trades between Marseilles and Convention.

meaning of article 6 of the not disposed of by the of Simon Fraser, Lord Lovat, is struck from in the afidavit of Mr Ng Mun Kwan,

Convention of Paris of June 1878. How the traitor's shoulders. What a change ba- Wherefore the Acting Attorney Gene-into the Colony or the waters thereof Shanghai and carries mails to and from

4-Again testing this case by the Parla- ever these difficulties remain unsolved. tween the England of 1745 and the England prays the Court to dismiss the motion with soever and to demand payment to him of a tails and French mails; but does she carry well there discussed by the eminent judge vessal was the vessel of a private Company/whole period. On that May day when the zal on behalf of Her Majesty the Queen of prepared opium for any purpose what Europe and the East. She carries English mat Belge the treaty powers of the Grows

9. But assume for a moment that this of 1879 Aud yet two lives will cover the conte to the Acting Attorney General on be. fee if for any reason he thinks fit to permit mails between France and Great Britain? the tendency of whose opinions is mani duly subsidised and that she is therefore to little Princess Victoria was ushered into the half of Her Majesty of and incident to this that importation in any particular sase.

festly, from his judgments and writings, to be treated as a man of war in every respect world, there was an old man living in pain application."

am also of opinion that where there are rea 31, I am clearly of opinion that the Mes-ophold the prerogative to the fullest extent. within the Post Offices of the two countries, and madness and absolute retirement at 12. This was not as it seems to me atriotle socable grounds for believing that that sageries Maritimes vessele trading between esaid in the case of the Parlement Belge:- it seems to me that under Article 2 she is Windsor Castle who was a boy of seven in speaking correct, as in this Court there is

right has been infringed, he is entitled to Marseilles and the East, although mail a search warrant and to have the opium steamers, subsidized by the French Govern- the Authority of Parliament, by this carrying sorrespondence, between the land for just as many years as Queen Vic

"It the Crown had power, without only within the Convention when she is the Forty-five, and who reigned over Eng- and can be no appearance under protesta seized and confiscated practice confined to the Courts under the If a claim to bring prepared opium into able servicea catitling them to every con- Belge should be

his use it found.ment, and performing important and valu- raty to order that the Parlement Post Offices of the two countries "ie.toria has lived. I do not know if the little infigenes of the Civil Law. The paper filed, the waters of the Colony without the sang sideration, are not within the terms of the prnileges of a ship of war, then the warrant Crown and a Past Offles within French in her grandfather's arms. I am inclined entitled to all the between a Post fia under the English girl was over taken to Windsor and placed however, may be taken as a summary in tion of the Opium Farmer and without hia Convention of 1858. writing of the reasons urged by the Acting knowledge, under the alleged right to fres

which is prayed for ag inst her as a wrong territory; but the ovidence is that the to think not; but it is not a little intereste Attorney General in shewing cause against transit, were admitted, it would I am rying mails under that Convention at all. I 185ts and the right of the subject but for returning from and was on a voyage beyond lives outer so lurge and memorable a space

32. 1 doubt very much, if they are car-

doer on account of the collision cannot anadyr was when she reached Hongkonging to reflect upon the fact that these two the issue of a Mandamus, end of the afraid be very difficult for him to cannot shut my eyes to the fact that since his order auquestionable to recover d the protection of the Treaty, & voyage, in the bistory of our own country-Leeds grounds on which he justifies the refusal of prevent that sight being made use of the date of that Convention a complete remes for the injuries done to him by to and from Shanghai in China, Beither Mercury,

No.