No. 5472 JANUARY 25, 1881.]
SUPREME COURT. IN URIMINAL SESSIONS. (Before His Lordship the Chief Justice, Sir John Smale)
Tuesday, January 25,
·RVAINESS OF THE COURT. D
THE CHINA MAIL.
THE ALLEGED · MURDER CASH,-XLOOK IN THE did not for his own part see they then went on to refer to the investigation of moment that this trial was being delayed but the course had been indicated by Mr against him. The boy returned with anhared with the principles of strict honour Cheung Ayan was charged with having seemed to think it material, he had flequent appointment of two Deputy Regis, 1 of the prosecution.ho had not said Snowden's illness, at this moment; he thief and a ling." "The intending employer great commercial undertaking of which, as
of malice storethought, killed and inurdered one Li Alaia
The Attorney General (Hon. HL O'Malley) prosecutod, instructed by the Acting Crown Solicitor (Mr A. B. Johnson); and Mr J. J. Francis, instructed by Messes Stephens and Holmes, appeared for the pri-
Boner,
It will be remembered that on the 20th inst, when this case was last before the Court, the question was raised by Mr Francis whether there was any information properly bolone the Court, and he also tik the objection that the prisoner bad not had dne
of the averment,
Replying to the Attorney General, Mr Francis contended that the rules his learncil friend had laid before the Court from Cumming's Digest applied only to depaties whose
Folice Intelligence. (Before the Hon. S. Ponnachy). Tuesday, Jan. 25.
KIDSAFTING A BOY,
Francis now said he understood the gistrar was one eroated by statute, by the statute powers more not limited by Executivo was informed of the double from the 14th and 10th inst., of kidnappftig the boy was taken on, wivod faithfully for command respect and attention, and
notice served on hím. Attorney General hul an affidavit by Mr A. B. Johnson, susworing what was found to be an inaccuracy in the affidavit of Mr Holutes, Mr. Johnson's affidavit set forth that Mr Gibbons did not lon of the 12th
The Attorney General naked to be allowed to remind his Lordship of what happened when this matter was last before the Court. ailed and was before his An affidavit Lordship in which he (the Attorney General). pointed cut certain inaccuracies. He under- Food that his learned friend was then allowed to amend his sundavit, and hon
till 4 o'clock on the afternoon
which created thom.
The Chief Justice: Does it deal with other than those who are appointed by the person himself?
Aftor simple course before the Attorney General, conferred by the Registration Ordinanco, being oventually appointed chief agent in noou-and he thought under the air his principal had when present. As his Lord have boon called upon to do so.
in violation of the relations of anaster red Japan. At the close of last year, the cumstances seriously erroneous statement slip know Mr. Mossop had been performing some further conversation it was minuted I always had been so since January 1st,
The Attorney General asked if his Lord-servant according to Enghelt law. A got Notherlands Trading Sucity, the oldest made in the affidavit fled for the defence the duties for a very considerable time. If that the Attorney General admitted that and runde by Mr Holmes, to the effect that there was any doubt under the first classe of the Registrar Mr Gibbons, was suspended ship would indicate the course, tleman on the point of engaging a servant comnierial house in Japan, was discontinu The Chief Justice suid no, certainly not sont him to the Registrar's Office with ed. Mr vander Pot in well known and Mr Gibbons was not in the Colony on the that section there could be pene whatever before the 11th January. He remarked.
note enquiring if anything was recoiled-popilux nomber of society. He gentle 12th Mr Gibbons was here till 4 o'clock under the second. The Aftorney General that he did not wish it to be thought for a It was not for him to indicatu tho course
man of education and culture thoroughly HA Ho on the Leth, the close of a working
of the Registrar and to the abse through any want of diligence on the part Justice Snowden and hire or Justice his late mastor had reported him as a mul integrity which have always guided the
intimation from the Registrar General the duties
that again. He very much regretted Mr but as his
How the two could be appointed The Chief Justica Enid,
should have been very glud to have had the asked the boy if he was aware that he had. we have seen, he was for may yes the The Attorney General test offered to te henefit of his valuable advico.
brought information which, in effect was a chief, His appointment will, therefore, be this affidavit to meet it. He had also put under the constitution of the Court he had so; it had never been suggested. in an affidavit setting forth the appointment just read, he was at loss to know. Es
Scasiona nitjourned till February Int. professional death warrant and the boy received with sincere satisfaction, not only readily acknowledged that there had been by his countrymen, but by foreign residents of Mr Mossop under the Govornor's hand contendod, however, that Mr Mossop was an affidavit in the course of the day, and it and seal as Acting Deputy Registrar in Oc duly appointed, and that he came within was on the suggestion of the Chief Justice
a difference of opinion between his late generally. The nomination will, we shonid tober 1879. But he did not rest the the description given in the ordinance and that his admission was taken instead.
master and hitaolt as to his honesty and think, be peceptible to the govornient of was fully entitled to sign and to file. the The Attorney General again asked that
veracity. He had been shcused of unjusti- Japan, atin-pemod when the revisiori, of goodness of the information on oither of
Tho Chief Justice then gave his opinion
fiable annexatica, denied it, and thereby existing treaties has so intimate a bearing He abmitted the information these His Lordship was aware, and it was information sent to him by the Attorney the prisoner he called on to plead. not necessary for the prosecution to bring General
by Mr Francis. This
convinced his master that he was not only on foreign relations. The important parts the thief but a liar to boot. With these of those trontius are the confinervial it before the Court by affidavit, that Mr was properly filed and that it was properly on the pointe mised
tter had been the subject, he said, of matter
epithets for character-epithets which would sections and the extensive practical know- Mossop was appointed Deputy Registrar, before the Court,
various official communications. Difficulties
Yan Aping, 46, hawker, Ng Afong 50, have been fatal to an Englial servant, but edge of Jaanus tando possessed by Mr the notice being contained in page 101 of the Government Gazette of 1870. It was
arising from the uterdict and the suboe- within his Lordship's notice that Mr Mossop
quent suspension of the Registrar hnd buen cook; In Acheung 63, coolio, and Uu Apo, which as lightly applied to Chinese, aug vauder Pot plages hou in a position to offer had officiated as Deputy Registrat from
continuous since the 16th October, whon tlie 65, coolie, appeared on a clurge, romanded get an origin in tour as often ne in truth sound opinions and suggestions that should that day to this. The office of Deputy Re:
raised by Mr Justice Snowden as boy of 12 years of age, named Kwok Ai, three years, and finally left of his own possibly help to show the ministry that originally
on the 9th inst. Evidence was given by necord.
foreign commerce to be succesful must, in to the effect of the interdict, Some corres
The question has lost much of its the first instance, be profitable, fo thin Ordinance No. 12 of 1878. That ordinance provided amongst other things that the
pondance ensued. The letter apponded to Dr the father of the bay, Kwok Ashing, Stewart's affidavit was written to Mi-Mossop, employed engineer on board the importance, however, unless there to some country, and that its extension means Supreme Court shell consist of cartsin
He had suggested, while the interdiction Goreminent Launch Victoria to the follow-intention to restos to our a moribund, ularged national wealth. We beg to officers of whom a Deputy Registrar is one. His contention was that the officer of the this case the deputy was bound by the lasted, that something should be done to ing effect. On the Oil of this month the ennement. Among things more honoured congratulate Mr yander Pot upon his nomination to so hencumble ap post; and to
far as Court Blling that statutory post was as fully statute which created him and not by the meet the difficult, From October to the boy Kwok. Ai left witness' house, in Gaine in the broach than the olservanos, the
foreigners in all common law The statute limited his end of December the interdict continued in Road to go to school. He usually lived ut Registration Ordinance is becoming entitled asare him that, so
que "more": popular invested in the Registrar's absence with
nomination could
could hao been made.. the rights, powers, privileges and qualifica-power by specifying most distinctly vertain force. During that interdiction the ques the school, but having been unwell for a to take an advanced place. It would be Japan ára. concenied he tions of the Rogistrar as they had been things which he might do and limiting the ion arose whether anybody but the Retina he had boon at home for a few days. interesting to know how many foreignors,
times, and des
desertion from a ship lying in the harbour, seaman clius ning with come to the Colony able to punish was oguused of drunkenness by the duphast specially deputed to him by the Registrar, right to do certain other things to the Registrar could be the Official Assignee; that Witness heard nothing about him for several more specially among those who bave The Deputy in the absence of the Registrar giatrar himself. Coming to deal with the question arose because the statute said days, believing him to be at school, but on
the Registrar shall be the Official Assigns the 13th instant, from information received, how many servants, are liable to we ontitled to exercise all the privileges point as to the two deputien,
The Attorney General handed up to his On the 6th November he decided that he witness went on board a steamer which was sent for a misdemeanour Because they on what must be considered insuficient
evidence. **I gave him ten conts to
Day and discharge all the duties of the Registrar The non commendation in a public could not recognise Mr Mossop as Oficial going to Manila and there found his son, have not conformed to the provisions of without exception,
with the first defondant near him. On sections 27 and 28, which declare, un the his fare off," the captain is reported to have The Chief Justice asked whether the document on which the double appointment Assignee. That was on a petition presented
Mr Francis was at that time by Mr Monstip the laring General did not say that there was made.
Snowdon and he the steamer, he pointed out first defondant foreigner to engage a servant unprovide it. The facility sailors have of getting Logally
(the Chief Justico) were to have had tho All three then wont ashore, and witness with a certificate of registantion, and, on the ante a comition of helpless intoxication is question argued before them. And they gave first defendant in charge, the other other, that it shall not be lawful for all known, but we have never heard of a prisoners being afterwards arrested. The sortant thus untovilled to take employ na succeeding in making a beast, of Him- desired Mr. Mossop to ask the Executive Council to give them the
boy's
solf for ten cents. Some years igo, a friend statement whs to the effect that on Attorney General
showed us a letter from the Cape or some and the Crown Solicitor to come before the leaving his father's house, to go to "school
remote part of the uncivilized world where. in the writer said Tello corse here Court and-not to instruct us as has been on the Vili instant, he stopport playing about said-but to argue the question before the in the streets, and in the evening mot, the fourth defendant at the back of the Po-lok
at once; this is just the place for him-- Court. That request he would say no
Theater. The boy went home with the
brandy only a slulling a bottle; but it more was not complied with. That was
appears in the captain's statement, that during the
Yokohama must be a perfect paradíné if a offered some sélie, and stopped there sovCIAL in January Then in
state of things arose which was different from that as age, One day the fourth defendant told
man can get drunk for ten cents. WLS admitted him he was going to take him to a country he understood it. for the purposes of this case that to look after cows any goats, and on going Mr Gibbons was suspended before the 11th down Queen's Rond they met the first, January; why the dato of suspension was second and third defendants, who were told
Mr. Francis mitted it did not. In
A
the affidavit was so amended the prosecit Attorney and properly one Deputy Regis on the bench and approved, of the sugges-ajourned into Court, of which was asking the boy who brought him on board one hand, that it shall not be lawful for any said; but he must have got drank with
tion would be in a position dend with it. the point he In order to be quite mure d applied to the Acting Registrar for informas tion, and he was told by Mr Sangster that the identical afidavit the inaccuracy which he had pointed out was still on the tile. He then caused an affidavit to be filed answering the inaccuracy to which he had. before drawn the attention of the Court in the affidavit of Mr Holmes.
The Chief Justice remarked that the
WRS
trar only
The Attomey General said that might arise from his argument, but he did not. make a point of it.
in
tion.
The Chief Justice said it was at the time abssintely necessary that some, such stop ahould be taken.
Mr Francis: When the Attorney General oalled my attention to it, I was astonished
The
Chief Justice: At what you had done?
Mr Francis: At.what I had concurred in
davit was not filed until after the rising this cass the last named was the dnly dos chief Justice: I must admit that the time the interdict was in force. fourth defendant to Contre Street on being
The
the ingenious argument of the Attorney General did not present itself to my mind then.
Mr Francis went on to say that the At torney Gentral's argument amounted to son, rightly or wrongly occupying it for the time being, were to be upheld, cupping the ofice.
mont
I am &c,
SERVULUB.
CAN IT BE? To the Editor of the "CHINA MAIL
January 25.
kibk
THE SITUATION AND THE OUTLOOK. A lotter from a Nagasaki correspondent
was only after that had been done that the Registrar. He bad, as his Lordship know, this,that the acta in sny office in pay per not admitted ho did not know, But before by the fourth defendant to take the boy of the worthy Chief Jonstica: nobody could says that there is reason to believe the
ar
he
The Attorney General: Yes, de fack oc- their examination because there was no second and third prisoners afterwards entisen that, because everybody occupation of Port Lazaroff, on the Korean
bont.
Main will be here in a few
of the Court; the case was adjourned to allow the Attorney General to prepare that affidavit.
The Attorney General's recollection was that the case was adjourned to allow his learned friend to amend his affidavit; it Attorney General could deal with the matter
The Chief Justice
Justice made soins remark which Was not alible at the reporters table about the Attorney General contradict- log him
The Attornor General said
had not ∙Baid pontradicted his Lordship.
The Chief Justice said he had, as plainly as possible.
He asked Mr Sangster whether this affidavit was filed before the Court rose His lompression was that it was unt. The Attorney
General's was quite the contrary.
Court rose,.
It was filed only to-day. The Attorney General said he had never suggested that the affidavit was filed before the Court rose. What he had said was that the case was not adjourned to allow him to prepare aviy affidavit, but to allow the aff- davit put in for the defence to be amended. That was his understanding; the Court rose somewhat abruptly, and- what the Attorney General meant by that the Court me abruptly. The saying Court rose after there was no farther busi- nees lgít for it to dispose of. Abruptly ever his princijal might do. The deputy there was no proof whatever of Mr Mossop's anco, that the information signed by thief snitched the trousers from complain-against placing implicit faith in it at present. 3,200 tons B.M. and 750 HF. and will
the
ance.
far as this.
Mr Bangster said it was not filed before being orney General was cortainly not pose any informality were discovered in sayin one of the bankruptcy cases, asking that (Before the Ton, Ng Choy, Acting Police 10. any the least, and somebody should ace
prepared for anything of the kind. He desired the point to be settled at once.
Snowden
the conclusion,
Magistrate.)
ALLEGED LARCENY,
China. SELANGHAY (Courier)
The Chief Justice said he did not know He asked that the point be decided how time and when the appointment could not before them by Counsel, that Mr Mower the prisoner snatched them from him and effect tlust all differences between Rüst voolow. If so, that M. Ciquel is
meant a breaking aff
The Attorney General simply smiled, and sat down without speaking.
no
a
匙
RWattle,
"He then suggested that Mr The Chief Justice read over the side note, was not competant for the Court to do 60, was provided that the Registrar or his stealing clothing to last occasion. Had Mr Francis answered the principal mighter to do anything that his The trial could not be proceeded with until deputy shall do something else. Now he dothes was entrusted to defendant on the W. Ward, Mesto Moses and Mendel castle on. Tyne, have now pear to home Who was Mr Mossop's the man pleaded. This question was one ibbous was suspended before the 11th, and asked for the property next day the prmoner withdraw sterday, the latter gentleman tion two iniprovell stoel on veselstwhich this power in the absence of the Registrato plead, reserving all on him (Tct on the 12th January or afterwards, remanded till to-morrow, bail being admit-polled, The Municipal élections being Beta elnas" The new vesaolantis A
the
Now
RO
The
hir
The
Was
We believe only a few electors differ from their procursor of h
s
of the
public event, we are somewhat surprised under 000 tons site, carry two
hed with the place; gums uf unprecedented power, as the that the press is not. which number of
#hea
Ng Asin, 30, coplic, was reminded fill to receivert to be attained in practice; The astounding.
ALLEGED LAUCEŇY-FROM THE PERSON,
morrow, on bud of two suretigs of $50 each, from the bend of ane Chung Asun, on the on a charge of stealing a ceape turban
to
has inicial velocity of 2,300 feet per escondi
The Chief Justico remarked that then Mir Sangster was the Deputy Registrer; he was named in the. Government notification first.
The Attorney General
submitted that appointed Deputy Registrar. But he did His Lordship remem-
You allude in your last evening's issue to the prevalence of a certain tune not raise the point. bored the circumstances under which those
heard about the streets at this time. You appointments were made, and he confidently
ask, what can be its meaning? Surely this submitted to the Court that Mr Mossop
to the coming departure of the learned and was then duly appointed Acting Deputy
light and Lippant air can have no alfusion
about ቅ acted from that time to the present day;
the 11th, this suspension cano futo teree, board. The first three defendants: then Mr Hanlon and Mr Favre could not pass took witness on board the steamer, and the had de facto been the Deputy Registrar,
he is going away, Whatever and he submitted Mr Mossop was on that
Rassin. Probably whatever treaty may bo official assignee, whom he and Mr Justice on shore Shortly afterwards the witness way be the hiemishes in that character (and is const, will not be long delayed by all must admit that made in St. Fatureburg assuming it so he ground alone fully entitled to perform all the duties of
Mr Francis: So that sentence passed by Snowden held should be the Registrar. father came on board and took him off the who has not a few ), a the Registrar in the absence
the bench more there are few judges en
true that negotiations have hoen resumed will The defendants, having been entioned, learned, and none more
leave Russia free, to occupy of the Registrar. He relied for that first any one who usurped the functions of your On that occasion when these bankrupts were before him; Mr Justice Snowden caine inte
upright, It may be that it refers to another esteem-harbour of the Korean pin Cupon":
the common law as defining the Lordship would be binding.
The Chief Justice Of course, any one Court, and on his asking Bir Snowden's reserved their defence and were committed powers of a-deputy. In this connection
The ing nhi he quoted from the bth volume of Cum-walking along the street might be naked to opinion on the subject, he said he went for trial at the neat Sessions of the Suprao sa resident, a gentleman prouident in volu
come in here and take this seat he would further than be (the Chief Justice) did, and Court, bail being nocepted for the second teer movements, his name if Toliny days. It is said that Russia, if ungotiations. ming's Digests.
The Chief Justice asked whether the be within the description given in the ordi- that certainly Mr Mossin was not officin! and third defendants in one surety onch in raps some of those indigent young Kenaro again broken alf, will be in a position to
tiemen who attend services on the outside t
land in take active operations by son and Attorney General was prepared to proceed
assignes not being Registrar Messrs Bie-fifty dollars.
the Catholic Church have been singing if April or, at latest, in May next with the trial, the point under discussion
The Attorney General had not gone so reton and Wotton wrote a letter, a copy of
menning no harm. It is very disrespectful
It is very difficult to obtain exact All he had said was that sup which was on the files of this Court
formation about the Chinese
ese preparations, The
and
the police about it. asking informality this matter should be mended,
AB.-C. or what the Chinese plan of campaign will
be in oveat of
Of courts,
China will his Lordship's appointment, would not validate anything he had done as a favour that something should be done an that the bankrupt should be allowed to
act on the defensive, but apparently on The Chief Justice said he might have to hs a judge. The same with Mr Mossop.
Fung To Kuu, 10, hawker, appeared on a
four points only 1st.n the Kuldin The Chief Justice: The fact that a ranu pass, thers being no one auking any objec- charge of larceny on the 25th instant. Hong
froitier, to cover Kashgar, Dzungaria, and 2- adjourn the case until they had a full Court,
The Attorney General Baid his Lordship was discharging the anties of any office tion. Things had remained as they were Apo, a cookie, the cumplainant, said that he
up to this time, and he Mr
10 and Justice
north-west Mongolin, 2nd-On the ga could take what course be thought fit, but would be taken as proof that he was duly ap
arrived yesterday from Singapore As he had both come
tort frontier ling fividing Chili from for his own part he coulanly ask again appointed thereto ?
Mr Francis: It would be taken at a future without the assistance of any argument was walking on the Pfaya this morning
A telegraan has just been received to the Manchuria. Srd.At Shanghai. 4th.-A with two pairs of silk trousers in his hand, that the prisoner be called on to plead
La not the Begistrar of the Supreme Court
Now he found it laid away. Defendant, on being purauel, and China have beeù suricably arranged, supervising the building of two iron-clads, The Attorney General, proceeding with be produced that he had been duly ap was his quotation of authorities from the volume pointed. It might cure the informality of toe any purpose.
P.C. 263. Prisoner, who was formerly a
to-be hapel chat future advides may confirm (Toulon) and the uther ut (Amanda) above mentioned, cited casos in which it had the appointment, but it would not meet the down in Ordinance 3 of 1865, Section 9, chopped the clothes and was arrested by and that peace is definitely settled. It is one at the Forges et Chantiers of La Seyno
and not contradicted by any other ordin been decided that a deputy may do what absence of any appointment. In this case
the student at the Cantral School, said that the news, but we would warn our readers Bordeaux. We are told the easels are of Attorney General shall be delivered to the
The Encounter will leave for Hongkong carry a few very powerful guns. It is no said that another iron-clad is to be bait at ought regularly to not in the name of his appointment as Acting Registrar.
but any act done by the deputy
The Chief Justice said he should like to Regatrar of the Supreme Court and ahdut and that he was running after the thief principal,
Fromag Municipal advertisement on our
yard Grösser was rumanded tilt-to-inótrów.
strertisement pour stuffin, at the part in which the hotter The Chief Justice said tartly that he had in his own name would be good except in reserve the point for the Full Court; and be filed by him in the said Court. This when stopped by the Constable. The caso about the middle of the next month
front page will be special case. The Attorney Ganerul held if the case was pressed he might so reserve was a very peculiar section. He did not, doubt it was a very laughable affair.
think it was wisely drawn; but it was dis float
it and proceed with the trial. these rulings fully established the posi-
Lo àlai, 36, coolie was charged with gentlemen have been elected Comcilors for vessels, yet of great power, have also been A Burman, H. ordered, of the corvette cins. Beside ~After a pause he asked how they were to
tion he put forward.
The Attorney General submitted that it tinct enough. Within ten words after it
the-value of $40, the 1881 ks F. Bridge Keswick, Armstrong & Co. then makers proceed.
of Un property
G. 3. Helland, Now Ayat, Francis
W. Lestor Tvo, se there was a differ.A dapaty ass begin de
had it admitted here to the effect that Mr ence of opinion as to what took place on the
night of the fire in East Street, and on being laring tied objection made to the accuracy of his Soli- principal? The Registrar certainly did not that should be settled at once,
Chief Justins asid he could decide he had an affidavit that he did no official said the clothing was lost. The casa citer's affidavit by the Attorney General on appoint him. And the Deputy only had
the point against the the previous day?
this question for the construction he put on the ordinaurs was Mr Francis believed he had, by a supple- or on the occasion of a vacancy.
The Attorney General was.
chat the filing of the information was a thing ted in two sureties of $25 each. which only the Registrar cquid do, and no mentary affidavit by Mr Holmes (affidavit had no evidence of the suspension of the Full Court.
It was not in the Gazelle. He pressing for a trial, read and put in. It set forth that the de- Registrar.
The Attorney General was simply press- one else. He did not like the slause; he ponent was informed by Mr Biossop that had heard that Mr Gibbons was suspended,
did not like the words; but he could not
The British barque John Petis, Captain force of the guns is shown by sompari Mr. Gibbous did not perform the duties of but he had no judicial knowledge of it. Ating for a decision on this point
The Chief Justice said the mustter might change them, and he could not change their have bem minded without raising all these meaning; and he felt himself bound,
Macpherson, reports: Left Swatow bound with British service guns. The of pounds Registrar or do any act in the capacity of to public servant suspended was like one on
leave of absence.
Hakodate on 23rd December. Export and other naval guns on this station, the enced fresh N. E. winds to south end of Iron Duke included, give to their projectiles gistrar on the 12th December, and deponent
The Attorney
General
thought reluctantly, to hold that there was 24th instant, sgain read over points,
Fortucza and along the East verily believed that he did not perform any the quotation from the Digest, Deputy
copt. Jan. an initial
itial velocity of some 1,300 feat. The The Attorney General said he would have no information on the file for the purpose
the. five of the duties of the said office on that day.) | shall, have power to do everything which been most happy could he have seen his of trial: AB to i daye' notice the de
bili, had a very heavy gain lost sails, now Armstrong guns propel shell at near That was an affidavit mesting the objection
A HOW BETWEEN RIVAL SHOPKEEPERS. alized to his signature Mossop scription his principal
way to so settle the matter. have done." might
Ng Achun, 50, Yan Ashan, 41, and their topsail yard, and spanker boon, Weather 1,000 feet por second in excess of the rate
British the old up
guns. The new Chinese that had been raised the other day to
The Chief Justice interpreted that to mean The Chief Justice said that at present he he. Acting Registrar, excluded that of De-
vessels wall, it is olievedl, be able to keep First
for affidavit. prosecution had put in
Nagasaki arrived there on Jun, 8th. that Mr Gib-that he had power to do anything which was against the Attorney General His puty Registrar, who was empowered by the respectivo wives, Li Yung Ming and Tean showing no signs of improvement, bore
There was no Akin, wore charged with fighting and
аз по two affidavits, one declaring
Rign the notice.
The British barque Martha, Captain the sew and cruise in any weather. We are Regis creating a disturbance on the Fraya, Tau Mitchell, arrived hers on the afternoon of told their guns weigh 2 tous spiece hot bons did not leave the Colony until 4 the man who appointed him might have course was plain enough to mend this ordinance to
mah-ti, on the 24th inst trar even thement as · o'clock on the afternoon of the 12th, and done. Now Mr Mossop was appointed by mattor. Have a man sppointed properly. proof of his
The quarrel I shall reserve the point,
anrose through the two first defendants the 10th, having experienced similar weather are not sure of the fast-depan Conne the other from Dr. Stewart, acting. Colonial
Some conversation ensued
The Attorney General again said he certain suthority as officiating in which he prbodied
he endeavouring to prevent customers from to the John Tetts. She reports Left
Quotations ordinance acknowledge. He held that and the wives joined in the disturbance.
of continued westerly winds was the point in a case like this.
HONGKONG, January Regis-vordan appointing their own deputies
General said Mr Gibbons The Chief Justice said he could and could the prisoner had not been served with the The first and third prisoners appeared to obliged to soek eller under the Goto of the 9th. The trar, in place of Mr Gibbons, interdicted as 225 bited Registrar azly last year and also proceed meantime with the trial; he notice required by the ordinance. Another have struck the first blows, and were fined Jalads on the mom the westward on the OPTUM New Patua, Casti a provisional measure under clause 11 of
him and call 1 on the point was that the appointment under the
Arst defendant $2, in default gale increasing from accordingly,
lip for this port
ough, 600, 630. the Colonial regulations, isobarging had subsequently boon suspended, an could decide against
from
New Benares, cash...652 operation known to the Colonial regulations man to plead
hand of the Glos interdiction, betad fourteen days imprisonment with hard Sulit some sails, and euadry
It
some sails, and sundry damage was ų the duties of his office. It was further pro: but having no operation in the common law Court had no power to rezerve a point like ceased the monent the interdigt coased labour, and third defendant fined $1.
The Attorney General submitted that the to the time the interdiction lasted
Ola work during the passage.
cash, 645 done to top three days' imprisonment with hard labour Ho was still the Registrar of the Supreme ment that the authority was in be in force Court of Hongkong and would continue to this.
The interdict peaard when Mr Gibbons was all four to enter into recognisances with
Mr Ikeda, who has occupied the position during the said interdiction of Mr Gibbons be so until Her Majesty's. pleasure was The Chief Justice; I reserve the point. suspended; the two states were entirely two anreties in 325 each to be of good be- of Commissioner of Customs for this port from hir duties. The words were "During known. His dismisel, were it to come.
A long conversation then took place as to different. And Mr Mossop, appointed haviour for tires months.
for some considerable time succumbed to this provisional interdiction I appoint Mr
the disease from which he has been suffer- about, would only take place when Her the Attorney General admitting that Mr officiating Registrar was only empowered
mg
for a length of time, consumption, on WH Massup officiating Registrar, the Majesty's pleasure was known. Gibbons was suspended some time before
Before the Full Court)
Saturday last. will take charge of all the books etc of the offler."
The Chief Justice asked whether suspen- the 12th January. The Chief Justice said
Bishi LARVENT FROM THE PERSON.
News was recaived at the Mitsu ension, was not a hanging up. Did he not he had official notification of the fact that The Chief Justico said he had never seen
The case of Chun Ayan, remanded yester Co.'s office yesterday, by telegraph, of the Bank, Wire, this paper before. This was the first time practically cease to be Registrar for the time, he was auspended on the 31st December,
the The Attorney General naked whether his day, on a charge of stealing a cigar case doutnatal Moore, archeo
પણ Some person must have taken his place matter. He had as great respect for in existence.
The U Governor's letter as if it were evidence on ther the interdict had ceased.
Credits MY Francia summed up the argument during his absence.
His Lordship said the interdict was
expected from Kobe, and will probably stay focumentary, 4 months sight, The
General pointed Attorney
out that oath, but the Attorney General know how which he desired to put to the Court. In the first place there was no information the appointment was not to bo Registrar, great the confusion would be introduced merged in the suspension An interdicted
about one aduth proparty before the Court, the ordinance but simply to act in the office of the Re-into the administration of justice if any such man was the holder of the office with his requiring as the first step after it had been gistrar. He relied on this document as letters were to be present in the Judge's hands tied,
The Attorney General suggested that the signed by the Attorney General that amply sufficient to establish the validity of wind in trial or indeed anything, says should be filed by the Registrar: This had Mr Mossop's position and the validity of what was given in evidence in the case. He prisoner night waive the notice.
Mr Francis Baid neither he nor the pri could give up thought to any such letter in not been done
the Registrar had any act done by him in the capacity of 4 aciding a case, even if it came from the soner could waive anything..
THE REGISTRATION ORDINANCE ing Registrar. He referred the Court not been done because there was no Regis next to an ordinance which seemed to have highest authority even if it came from the The Attorney General asked the Court to
Then there was the other point about been passed with the special purpose of Dolonial Office. He had no judicial know- amend the information by altering the desTo the Editor of the CHINA MAIL" the notice of trial The provision of the urdulkuce in that matter was that it was to preventing any question as to noting, pro- ledge of it He must have everything in cription Acting Registrar to Deputy Regis Monday, Jan. 24. be signed by the Registrar or the Deputy actment which in a Colony like this
Sm,—In noticing the point, which arose acral contended that the orary appointmente, an evidence,
hat the The
Court declined:
in the Summary Court on Friday out of In the couto of some observations by the Registration Ordinance, it appeare Registrar it was signed by the Acting Re-
ar, and he respectfully submitted that where we have so many acting appointments Court could be taken as having fall know-
that was actually noosssary. He then read the lodge judicially, of the official notificatione the attorney, General as to the best way of me that your morning contemporary arrives The paragraphs in the Daily Mail and
section of the Interpretation. Ordinance addressed to the Court by the Government ouring the defect in the information,
· at`. at an unwarranted and unnecessarily Ecke die Jupon, announcing the appoint Court The
Mr Francis ventured the observation that alarming conclusion on the forms of the ment of Mr.J. It rander Put to be muistor did not agree in this. ondaded, anked if the Attorney General when referenca is made in any
ordinance had anything to say,
and he had no evi- been listening to his Lordship's judgment. The Attorney
General, if his Lordship or rule of Court to any public officer by not material to his
dence to
offer on it
The Afideney General said he had been vicles shariflar cavan og ordinauss pro-an Marodly, corect. Tekappers that the Comugolitin Dock,
servant that
affairs at the Hague H.K. Č. the term designating his office,
MS-bout Cox, 227 prom. such term was of opinion that there was mything in shall include the offour for the timbing The Judge said the Court required it and listening, although he could not say he duct himself as to be dismissed, then the affered the post to Mr vander Pot, who s'hi Steam New Thr. 3 por the objection, would addreas himself to it.
sald master or employer lill deliver the
lue scooptance; but of course, China Coast St. Nav. Co, The Chief Justice said there certainly we exerating the duties of such office and such the case would stand adjourned till it was quite
The Chief Justice Of Postires-not.
Cortificata of registration to the Bernaut's
die nomination, which is not yet Hongkong Gas Co., 880 per before: something in the objection. The point other officer an may from time to time be provided
never make myself intelligible.
public in Holland, can be confirmed, Mr Hongkong Hotel Ca appointed to undertake any portion of such cated raised recommended itself to his duties. The other day, when he referred
Cause stating the MrFranols, whohed only soen Dr Stewart's In declining to amend the information gatraz General
servallt
his employment
vander Pot mugt return home, he received Chip Sugar Ref. Co., 819% was thie in fit bad of course had to this clause of the Interpretation Ordin-fidavit after coming into Court that morn the Chicl Justice aid the Court had unable to see where the Ordinance, as your in audience by the King, and take his Do Debentures,
ization to the effect that
obtained
I leave to o Ala is supplementary nothing
requires an en- Instructions from the foreign office, before Chinese Emperial Loan of 1874, nomu to do with the officers of the contemporary suppgicar-General that it can be said that he has been Court The Court after they were ployer to inform the
sppointed
antis gaite competent for the Court to call for but not fall then. These were legal quae dishonests, or how, consequently its due With this technical correction of our con- paragrapha, we may deal with aota mitted the Court was not competent to call bound by such advice sa had been given
No law or ordinance would go
go the length of the making an employer's suspicion of wrong, and cocepted by Mand Pot This
•hould i de facto Sling Thomas Fork in bo bring information before it, which him. He could only not on unb advice,
Other he
he did not consider material to his case: The prisoner was then removed. ***
doing equivalent by servant's actual office in Japan was arst filled by Mr J H polish by the
would give
oguld not undertake to supply the in- The other cases on the list, all of which wisandet This important distimotion Donker Curtlus, special consonar, who that conferred by
Common formation,
But would be bound by this desirup, w
elmed the treaty between Japan and BAROMETER Lav Now whether rightly or wrongly
The Chief Justice said the Court bad the then called, and the
40
in dealing with howover, gener Cleriors) radd be bad thonght
and whatever the consequences, lins attract van Polsbrook was subsequently sppointed Lordship when this capacity at the time; and performed that which se the Court hafa
wered it could not
apparently no special attention until political agent and ounsul general, and TEAMETER —— 24 Ma het before the Court, to place all set which the ordinance requires to be done, come a decision on the point that had
sido fose in a daim for Wiges, it has was succeeded by Mr vander Hoven, Me the Court now which his and that he came within the damag
da son in been raised. The case would stad over Rossions to stain the attorney General come under the practised and discriminating von Wedklierten and the Charlier de De the statute,
The
the Governor,
the sp
tom in
to the cas
ment, under the hand of the Gover. Ishgland of the Registrar or: Re-doubted whether the Court could reserve word. which he did not know that the purchasing goods at his neighbour's shop, Reelung Duc. 28th for Shanghai; but ou
of Mr W
H.
Mossop sa
Acting
vided by the
terms of this acting appoint-
oy this letter of appointment to take over all the books and papers; he was not directed to discharge all the duties of the
offica
or
account
of
Old
"
་་ .
Allowance, The
Old Malwa, cred Allowance, Taels.
* High Touch Ormhary Touch.
Exchange.
ม of the Co.'s S, S
น
Demand, 30 daya
4 months sight,
he had known there was buch a document much the same as a men gone on leave but he had no judicial knowledge of Lordshin had considered the question whe-from Henrich Samuel, seaman was to Hingudara shartly
by
there was no such
visional or temporary
The Attorney General
day, brought before the full Court, and aix previous convictions having been provod against prisoner, he was now sentenced to be imprisoned for two years with hard
labour.
CORRESPONDENCE.
to
The Russian cruiser Europa was docked India, Wire,
last Saturday, and is still in dog at date.
The inauguration of the Russian Now Yoar was duly celebrated by that nationality on Thursday, the 13th, when a general salute was fired at noon, and all the men-of. war in Harbour displayed their bunting.
Japan.
·YOKOHAMA. (Gazette)
demand. Shanghai, demand Gold Leaf, 994 Eng
SO days sight, Sovereigns,
Shares.
Hongkong Bank, 84% prem,, dilər. Union Ins. Soc. of C'tony $156) der share, China Traders Ing. Co. $1,526 p, sh, salos. North China Ins. Co., Tha: 1,195 Yangtze Ins, Ass00,, Tis, 1530 per share.
Chinese Ins. Co., 2315 per share
H.K. Fire Ins. Co., 8950 per share.
China Fire Em Co., 1270 per share.
Shimatico, Ms Francis having bearing on the point, which provides a Attorney General said the point was he did not think the Attorney General-Ordinance and the Blue Justice's view resident for the Netherlands in Japan, HK &
the
understood it
hail to miscon
W. Dock
of 1877
suspended, snd be doubt, anoa, his Lordship interposed Attorney General asid it would be appointed, had something to asy to them, he has dismissed a servant on suspicion of Netherlands minister to Japan, K.K. Toe Co.'s shares, 25% prem
Yot lawfully exerting if that Inter conducting the case expertfully sobtatted
Tudleet on ver
be ance it would simply. Inoperati www.mena was that the
of the
the ordinanes botted 23 lon
beyond
no
Tempera
hanyoyidance it thought ft but he sub- tion, and of course the Governar had been observance may ental a Betion for that, I temporazies Pasport has been ohered to Taken od Meme Flodner'd
STACORRENTS In row of certain remark appointed Mansen was acting in that fullest right to cell for information witham Desa SLOs were adjourned a probably escaped popuFolland, January 30th 1856, Mr da Graaf
vall Tuesday next, ph
HONGKONG, Janers
OLM
De
The Chief Justice offered to adjourn the Sonions for ten days, ar to hold a Apocal
ohsarration of the Chief Justice when it laatwegen Kr vinder Pot and D
1809, where mo giro another instance raided an agent of the Netherlands Trad promptly recursed the reprobation is de Nagarki in Januzý
the exercise of this irresponsible ing Ecclety for about sex youn of damnation prssumed to be Buf; # kuas p
up
This had themed to think yere materiale Chief Justice; Mr Mossop is one of The Attorney General then said that, to
The Attorney General, said an adjoura- the can start altogether from the
im whether to his own mind they the Deputy Registrarse en el perk
avoid the scandal of prolonging these proment for week would sit him well ow He had Bird treatorze Generad held the Duperyodings, he would make the admission re wastigh
to contradict the - erro- | Registar had as full power in all things as quired, but he did not see that he should
The Chief Juston said, there was a Very
No comments yet.
Private notes are available after approval.