1901-09-12 — Page 5

THURSDAY, SEPTEMBER 12, 1901.-

RECREATION NOTES.

The speedy snipe is now among us, and our sporting friends are coming back from the wailand with the most glowing tales of mighty degils and a considerable mount of colour about the tips of their noms, which cokur they attribute to sum, though I could tell the brand if I were not afraid of offending some of your numeroas nd vortisers of palatable liquors. For the tilt hour chat, quore the following yarn:In Copion the ponds and lakes are known tanks. By way of onlivening the dulness of their existence, several young tee-planters gut up a duck-shooting party. One of their uniber was a greenhorn fresh from England. Him they left in a pant on a sinall tank, with a gan, and directions to shoot shy ducks that few ocar. They laughed an thuy walked off, for not a duck was likely to ho Hewn within miles. The nowcomer took tho hoax very well when they told him about it. At supper that night, he suddenly pulled a catridge out of his pocket, with the remark that he thought he had put them allaway Someone, of course, picked it up and cut it By Jove what a lot of abos tenid open. the greenhorn, in asszement. How many aru there? Noone knows the youngster subject: They all Agrestal a pond on grad and five

pounds

head was the sinom: put in, the whole to go to the Dearest guesser. Each one wrote bis gues

iguesa, нткі,

When the shot

counted, it was wete found the new man's number was absolutely

#

THE LIBERTY OF THE SUBJECT,

.་

Interesting Judgment by Mr

Justice Smith. The following is the full text of the judgment in the Habeas Corpus suit devid ed by Me Justico Serbe Smith yester day :---

THE CHINA MAIL.

support of the charge are insufficient

the Habeas Corpus Aet, that expres To-day's Advertisements

impliedly inged to Section 5,

NOTICE.

sued for a penalty before that penalty can ; ber, víz, the interpretation of the phrase he recovered. For it seems to me that." criminal or supposed oricinal matter," and sin was not to be read ints tho | presuming that be ought to have delivered was before that Court on an action for the section; ntr was it, to my romeinbrance, e copy n the Order of Banishment when it recovery of a penalty: it was thus raised in contended that the ith Section of the Act was not confined to matters arising within was demanded, the deliberate refusal of the exactly the same manner as the nestion is defendant to deliver such very precludes raised in the present action. Pollock, C. B.; the Act, but extended to all matters for DERSONS having any Claims against or any defence of no mens pen being success. said "The words "suppored seiminal which, by the common law or hy sny Owing Money to the Estate of the ful. He clearly had a seis reet, for his matter," I apprehend, are intended to nicet statute, a person may be committed or late E. H. JOSEPH are hereby requested conduct was will and as he refused to de- the casuahere a charge is insituted against imprisoned or detained. If, however, sachd in Notifications of same, on or be liver the copy, he can be saved from the a person, which may or may not turn out contentions were advanced, I am of opinion for the 30th Inst., to No. 3, Ice House consequences thereof only because some in the cront to be a crivainal charge; as, that, by virtue of the scope of the Act into Road.

precedent to

to the demand had not for example, where the facts adduced in which I have alroedy examined, the words

criminal | or"

criminal matter' aro

Any Claims after that date will not be His Lordship, in delivering judgment, said heen strictly complică with or satisfied.

fact

that

the to prove it, or whore it may fail in paint f

recognisexi. This is an action brought under action of the purpose for which the copy was de this ast of Parlament has refervace toters specifically treated of in the Act,

plaintiff was A British subject and law. But I take it that the whole scope of and that Section is limited to mat Hongkong, September 12, 1901. 1901 of the Holes Corpus Act 1679 to recover manded was not, in my judgment, necessary criminal charges upon which the party may The Court has hitherte dealt with the

WANTED. from the defendant a sum of £100 (rujaced in order to affect the defendant with mens be brought to trial." to $1000 for the purposes of jurisdiction (use

HOUSE in Kowloos, r on the The fourth objection raised by Mr. Put the penalty incurred by hire and recover fuck was that the demand for the copy lind

Higher Levels.

Apply to able by the plaintiff by reason of the de not been made, as required by the 5th sec fondant baring refused and failed to delition, by the prisoner or person in his var to the plaintif upon demand made behalf. by a person in his behalf, a true copy of the warrant of cuinmitment and detainer of the plaintiff.

The facts are that the plaintiff was discharged From Victoria Gaol on the morn ing of 14th August; that, subsequently to that discharge. Mr Mounser, purporting to act its the plaintid's behalf, went to the defendant and asked him to deliver a copy of the Order of Banishment under which the plaintiff was then detained custody of the Police, and that the defendant abs lately refused and did not deliver with copy. The defendant had already declined in writing.

On behalf of the defondant the following points are inken, viz.:--

(1) That the Act 31, Car, 2.s. 2 did not

to this Colony:

..............

Parke, B. said: I agree with what has been said by the Lord Chief Bars in this case. He also stated concerning the Act that it only related to persons in custody for offences triable in the Court of the then Queen's Bench, or At the sizes or se sions, or in some other Court where the offence was properly cognisable. He added, I have no doubt tlust the Act does not apply to any ensu where the party sa in custody for an offence for which he is not by trial amenable to law."

1

order as an executed warrant but the plaintiff counsel also alluded to the date if tlie Order of Banishmont, viz. 1st August, 1901, when it was an unexcealed

warrant.

On that dato he said the plaintiff was in Tact.a

en griminal in jail under sentence passed by nagistrato ; and on that date the Order was a warrant of detention for a criminal matter siz, for attempted larceny from the person.

The paraphenso which he put upon the expression person in his behalf was person with the authority of the prisoner.

If the Coart can accept that paraphrase, then this fourth objection holds goal, he enuse the plantiff did not personally make a demand nor did he directly authorise Mr Monnsey, who made the demand, to take of Exebyquer Chamber where the judgment in prison under a magisterial warrant of THE Company's Sternship each Rater.

A. B Care of UNA MAIL' Office.

1902 Hongkong, September 12, 1901- AUSTRIAN LLOYD'S STEAM.

NAVIGATION COMPANY. I do not grasp the argument to le founded on the fact that, when the Order STEAM TO YOKOHAMA AND KOBE. of Banishment was made, the plaintiff, was

ennioitment.

;

The plaintill took the case to the Court

of eight judges was delivered by Munte, J. affirming the judgment of the Court of Ex- chequer.

Thera ia "no relation, bogada coin-place on THURSDAY, the 19th Sept.,

correct. Ita pocketed the money-£40 in opp even if the Act did spply, it re- | to make the demand on his behalf unless doubt that tlíey apply only to cases where larceny from the po of the statement

all and casually inquired: What do

for

thot

a criminal

Captain Mers, will leave for the above

in the Afternoon,

For Freight or Passage, apply to

SANDER, WIELER & Co.,

Agents.

1890 Hongkong, September 12, 1901.

FOR YOKOHAMA, AND KOBE.

The construction advanced for the de- fence, is, in my opinion, too narrow, and

cidence in time, butween the fact that the prefer to interpret the expression as In the course of that judgment, which is Order of Bantshmont was made on the 1st motion on who acts for such Pet Reporte, Bisule, d. paid There seems in prison on the 1st August: the imprison

at 633-431 of 9 Exchequer August, and the fact that the plaintiff was soner's benefit or in the interests of such prisoner.

ne reason why a different constractionment of the plaintiff had nothing to do with Otherwise, an ignorant or indigent or should be put on the words original or the making of the Order. sick prisoner might lose the hauent supposed criminal matter" in that section - Moreover, it is incorroft to my that the of section 5 in this respect. if any (the d), from that which they bear in any Order of Banishment was based on the friend or other person were not competent other. Wo (.e. eight jadges) entertain ground that the plaintiff had attempted

THE N. D. L. Stanmanhip you fellows think I was doing in that bleg.ferred only to cases where a person was by his instructions.

A careful oraalination a person is in prison upon somo charge for of the grounds on which the Order was Capt. CRUSTIANSEN, will be despatched for

KONIGSBERG, sed pant ail the afternoon?"

itted or detained for | committed or

Moreover, I think that the plaintiff naust

which he is

is liable to bu tried." supposed criminal matter:" and be taken to have ratified the contract which In addition to the opinions of the ten unde shows that one ground was that the the above Ports on SATURDAY, the 14th I hear that pony breeding is to be tried had not been thus committed or detained; in known, unde with Mr Mounsey on his of the Court of Exchequer Chamber Police Court if this Colony for attempting tion for. First and Second Chiss Passengers i

the

in plaintif

this action bin mother, without his authority so far as fadges of the Court of Exchequer and intill had been cance convicted in theater has superior Action moda-

behalf when she instructed Mr Mounsay there is the expression of the opinion of larceny feur: tho

person atid vagrancy. to take all curly steps in the matter. Pattesou. .. who, in Curus Wilton's ease It is clear therefore that one ground for and carries a Doctor and a Stewardeķs.

The fifth chjaction for the defence was 7 A and E N.S. at 1 R10, sed That the making of the Order was the fact of For Freight or Passie, apply to

sinture, viz, the 31 Car. 2. c. 2., that no demand had been made for n

beer com lareny from the parson.

HAMBURG-AMERIKA LINIE that the demand was made for a copy of mittel for trail er hins hoor tried, the

.. Hongkong Oflice, onto and MoGill Universities at Montreal.

(5) That the demand made was not for a the Order of Banishment only. This no rious meaning of the learned jalgo baing

Hongkong, September 12, 1901. 1896 They then go to New York where they compete against Harvani and Yale Univer- Copy of warrant of commitment and detainer doubt correctly raptevents the terms of the where the party has been committed for sities on the 28th inst. The Harvard went for a copy of the Order of Banilowand, bas the force of the objection de trial and is in custody uniting trol, or

NIPFON YCSEN KAISHA. wen went

pends upon whether the order was, were busy at training a month ago, a farm

of imprisonmat. having been set naide for them as training quarters by Mr H. M. Whitney. As thore are some first-class men on both sides, there should be sono records broken,

in Hongkong, and that there is a proposal

to hold u horse show. I alan-bear that the moon is inade of green cheise.

That the defendant had no ineas rex in declining to deliver the copy damagded :

(4) That the demand for the copy had

On Saturday next, the Oxford and, as request by section b, been mads Cambridge athloles computu ngeinst Troither by the plaintiff or by a person in his copy of the warrant of detaliier, but think, only where the party has "plies, I wnviction and not the fact of attempted

.

Sir Thomas Lipton has invited the Oxford Cambridge tosin to great international yacht race from the Brit. The athletes Exits from England for Bustou, on the Commonwealth, on the 15th August. After a day's stay in the

Hub, they were to go right on to

|

behalf

非

has

A conviction for a criminal matter and the criminal matter for which there has heen a enviction are not the mane thing.

A convictliny or may not be an

is nothing-mege than an element,

(6) That the plaintiff fund not been dam xait of commitment and detainer or not. If een tried and is undergoing a sentence elemont in a criminal matter; at the best it.1

I proceed now to apply those expressions. of spinion to the matters for which the phințit was in custedy undor the Order of Banishment issued by the Governor-in-matter. Council.

nified by the refusal to deliver a copy of the it was such a warrant, the objection cannot prevail: if it was not, the objection is viilia. leder af Banishment and

(7) That the menrion, in section b of the But whether or not the said Order was a Act, of the King's Courts at Westminster as warrant of emaitment and detainer within the Courts in which an action to recover the meaning of section 5 of the Act turns

The statement in the Order of Basis unt withuss the penalties was to be bought, and of aphen the anser to the question whether or forts of procedure, italicated that an action not the plaintif was detained for a criminal to recover penities ina coutined to such or sopposed criminal matter, a question Chucts and could not be maintained in any of which will be considered lower down. the Courts of the King's duinions abroad,

It was objected, sixthly, that the plaintif Of these seven objections, the second albad not been damnified by the refused of Mot-jections appears to be far the strongest. I the defendant to deliver a copy of the

will therefore consider that objection last Onder of Broishiront. of all. The first objecting was that the Labors Corpas Act 1079 does ant apply a this Colony Lecause it was passed to check abuses which had grown up in England and ware contrary to the then koown laws of

ogland.

de

Preparations for football are being and from the activity shown in football circles there is every prospect of a god eason." The Six-n-sido Competition of the

દ

Now, If plaintiff was entitled to have a

copy of that order delivered to him, he was assuredly injured, in the eyes of the law, ed.

ment of the grounds upon which the order was made ruire as follows: That the said Leung Kun-yra tas burn once convicted in the Police Court of this Colony, for ale tempting larceny from the person and yong ranicy, and that, in the opinion of the Gor uroris Council, he is dangerous to the

THE

NOTICE TO CONSIGNEES.

4103

Accordingly at the time when the Order of Banimone was made, that der was FROM MIDDLESBRO', ANTWERP, not a warrant of detection for a criminal

LONDON, PORT SAID, COLOMBO

Bat further, as the Order of Baninh

AND SINGAPORE. was not cognisable by this Court until it had been executed, 1; inclive

Company's Steamship Maru having arrived from the above to the opinion that the real grounds of the Order to be oxamined by the Court Ports, Consignees of Cargo are hereby would be the grounds as they existed at informed that their Goods are being landed the time when the hitherto dormant order, and placeat their risk in the HoxUKON AND which was fil then worthless, was executed. KOWLOON WHARE AND GONOWN L'OMPANY'S if any circumstances had supervened by GoDowns at Kowloon, where each consign- pened and good order of the Colony. tween the date of making the Deder and ment will be sorted out mark by mark and

Buning in mind that the plaintiff had the date of its execution to pot a aerved his term of imprisonment under the ↑ aspect upon the grounds of the different delivery can be obtained as soon as the

Goods a are landed. by the refusal to deliver the copy demand-sentence pil in the Police Court when

Mr Sharp also

Optional Goods w vill by earried on unless argued he was arresteel ander the Order of Batish- Plaintiff bad.completed when the

instructions are given to the contrary be sentence of im- Order of Banishment upon some chires for the acempted larceny from the perun

fore To-sonnow at Noon. ment, I ask, was he 'in custody under the prisonment under the Magistrate's warmint.

Goods not cleared by the 18th fustani, which he was liable to be tried? Clearly would remain a criminal unter.' though

will bo

› zubject to rent. not. He was not liable to be tried a second the plaintiff himself wight cease to be

No Fire Insuranca will be effected... All Ship-damaged Packages mast he left from the person or for the specific act of soundness of this argument it suffi- in the Godowns, and Notice of sure sent to ragranay: nor did the fact that he was dent to point out that even if the this Office before the 21st Instant, or of the Culeny amstitute a charge for term the 14th August at the time who recognized. dangerous to the pence mint gel endor isdemeanour temained a crinal mat-Clains in connection therewith will not be which he was liable to buried.

plaintiff was detained in the cus of

custody

NIPPON YUSIN KAISHA. Again was the plaintif a a party who had the Police by virtue of the Order of Banish

Hongkong, Septeniber 11, 1901. been committed for trial and was in custody ment, nevertheless the fact remains that awaiting trial or was bẹ a person who bad on the 14th August the plaintiff was

een trid and was then undergoing larut detained under the Order, for crit ROM HAMBURG, BREMEN, RON- prisonment as the result of the trial "To inal matter but for a Coarction for by judgment, he was not.

critainal matter.

right and had thus suffered an injuria which In such cao, he had been hirstered of his imported duan. (Ser Ashby Whyte, L. Raymond 958).

Below passing on to discuss the second objection advanced by the defence and re served for consideration last of all, I will boen placed upon the act of 31. Car, 2, 2, examine into the constraction which has and into the scope of that Act. As to the contruction of the Act, it is bort a remedial and a final mare.

Hongking Football Club is

in being arranged for. and is likely to be commenced on or resinly will not be the first Judge to about 2ärd inst: Personally, I think, rule that the labour Corpus Act (of all side foothall about the worst possible English Acts) is foglioble in this préparation for eleven-a-side football, noul

know

to either for the attempted larceny ninal. Without staying to consider the other futball players hold the Colony, except for the must agent at

conclusive ressumy, este opinion. Tat the object of 15sik

Concrally preliminary competition is to get the mem

y speaking, every English Act is bers of the Football Club to turn up, and hocks fuzish musca uhicls have arisen in

passed to

to test special circumstances or to to onable the Committee to judge what most England: and if the reasons adduced are orial they have for the approaching sense to prevail they would prevail in the ease of I hope the Club will have a very prospeiss such Acis as the 13 Elize, directed gainst fraudulent deeds, gifts, alienations, &c., mud the 27 Eliz. 9, 4., directed against

• Speking about stinket, Inesl players vinous and fraudulent convoyances." will be pleased to notion from the names Further, the Court would be very slow already published that the Straite grato asolada from «poration in this Cidony sending up a very strong foam. Some of any Buglio 4 which dilected the the players are personally well known here, paramount question of the Liberty of the hat the majority are not, except by Subject tution.. R. M. Mackenzie, who bowled No successfully at the last cricket carnisat comes

season.

In Hantley. Luscombo 2 B and P. at p. 535, Lord Alvanley, C. J., said Asent the ergament which has been advanced in favour of the plaintiff, as far sa it grans to state that the Haliean Corpus act it a remedial bow ; and that the Judges of every Court are bound to enforce it provisions according to

their spirit,

in such

Further was he a party detained upon a criminal charge for which he wiunt heti brought to trials was he a person in custody for an offence triable in yous Court

Again, by soution 7 of ordinance 12 of a manter as ingt effectually to reliqve the where the offence was engisible or was 1873 it is eructed that. Such of the bows of subject from illegal imprisonment., But he in custody for an offence for which he

For the reason therefore that the phin. use does not fall within the Halens Corpus Act because las was not detained for a criniai or supposed criminal matter, he cannot maintain this adtion for penalties under that Statute,

Jadgment will accordingly be for the

Mr E. Sharp (instructed by Mr K, W. Mounsey represented the plaintiff, and Mr H. E Pollock, K. C. (instructed by Mr F. B. L. Basley), appeared for the defend.

HP and unless he has gone off he will maker England as existed when the Colony though it be a remedial law so far as it re- was by erla amenable to Clearly defendant with costs.

the Hongkong and Shanghai Itson stobtained a local legislature, that is sects those persons for whose protection it nut, iu py opinion. up. It may be remotubered that Macken on the 5th day of April, 164, shall be was framed, it is grievous in its penalties

For the plaintiff it was argued that the zic made the highest individual soure of the in force within the Culong, except so far as with respect to Luxe persons who replect expressions of judicial opinion which have meeting, 100 &ddr. It is in ha regrapher the said laws stmil has inspplieschle to the the duties thereby imposed upon them. It been cited were more ditta and so sucts not that A. B. Hubbark. Youles and P. T... local circunstances of the Colony or of its is remedial grond some person, but it is binding. Assume that they were dicta, and Reift.are not coming The latter is one

up.

one inlinbitants.

that the pitions concerning dicta expressant. penal grand others. of the best all-band men in the Far Eur. Tessons to me that, by virtue of that Heath, J. said the first place, od by Jessel, M. R. in

Quilter Heatly 23 section, all English laws existing on theth therefore, though I aint that this is a rot. Dat p. 48 and in Ex parte Willey 23 The following Announcement explains April 1843 prin facie have force in this medical statute***), yet I consider 1. at p. 17 shodd influence the Court, why Hubbsel is not for Hongkong:-Mr Colour, and that their inapplicability in a pond with respect to this defendant, yet the Court may link to these dicta for A. B. Habback and Miss Youles are to this Colony must be shown by the party wke, o, said: It appears to nethers sud may adopt thers as expressing its own guidance in examining the Act of Charles, Aguafor Ruke ↑ their applicability to rest not on

examined the words of the Act, I have no doubt that the correct interpretation of the expression diet or super criminal matters is contained in the already quoted opinions of

judge pininis of eleven.

It was forthor

WILS

married in Kukla Lattiapar un Oetuber 28. disputes in these laws bat on the fore that gaolers are entitled to all the pro- view of the words of the Act; und Inving

particular

dicta in question were conflicting

One evening recently the members of a local viroumstances of the Colony or of its tection which the law can afford them you certain country cricket club met to chanson inhabitanta.

sistently with the liberty of the subject." captain for the forthenining seaan.

From this point of view, wahing in the Of the

Next, as the dozen youngsters prosent fully one half were local circumstanges of the Cobmy, or of its matters to which the Ant relates, or the candidates for the vacant post. One after inhabitants occury to my mind to render To the rumble of the Act occur the another roso and stated hineinl quali- this remedial measure for securing the Words King's subjects***nuitted for faatins, and the matter was still in doubt Jäberly of the Subject isapplicable and criminal or supposed criminal utter in the dinner urged by Mr Sharp that i when the last of the inf-dozen rosii to his super sons. I therefore think that the section 2 are the words 'all

persons impri

do not persent themselves to fect. He was the son of the owner of the Habens' Coppas Aet 1679 applies in thissoned for any such criminal or supposed but the dicta de not go so far as another, cricket-field, nud his speech, if brief, was Colony.

criminal watters; and in section is

is theme as being in antagonisms. Another very much to the point. Chaps, 'ho re- Cinecly connectext with this first objection following any person or persons, subjects tentivi at the lar for the plaintiff was that marked,

I'm going to be cap. is the event objection, which I will con of this convincingly.

this realm,

* committed to any the Buvernor-in-Council, in cserciso of a ting, or forthur's go to tarn his bulleider na once.

conferred power, had added into the field ¦ ¦ He is electal umani.

what never, for any criminal or supposed ishment of mously.

criminal matter."

In the cricket match reported to-day, the following line will be noticed Slaughter, b Gore.

3.

It would have been poetical justice had

cricket record down to 24th August

Yorkshire

Middlex.

Save..

It arwick

Samey

EASON Keat....

Kats

Notts

"Were-wri

F

**

The King's Cones in the Strand have to the powers and jurisdiction of the King's Coutts at Westminster and the Supreme Court of this Colony has the sun jurisdiction as the Courts of Common Luw and the Court of Chancery bad, which is practically the same as saying that it has ibo jurisdiction which the King's Courts at Westminster had.

2500 was held therefore that the principle of

**

One dictum

prisin or in enstody of any officer or officers day of banimet and detention

nishment, to the ordination end-

*

punishment In the prestoble of a Geo. 3, . 100, it inflicted by a Court of Justice; that

that this is sucitud as follows:Whoress the pro- punishment had been added because the visions made by un Act passed in England in plaintiff had been convicted of

criminal the thirty-first year of the reign of King offences and that plaintiff was therefore Charles the Second intitled, &c., &c. person committed and detained under a wo road further down,

only extend to cases of commitment or de warrant and in respect of a criminal Gore, & Slughter.

Lanner for criminal or supposed criminal or supposed criminal matter under the Then, of the archaic terma to which matte care of Re. Hobhouse, 2 Chitty's Act general. It must have been a sin

a sanguinary match.

joint meaning of the 5th Section and of the Texpect, Tommy Atkins would have used reference was indo, essain, wager DE LAW mother werd act exactly gore, gory or and impartanen bave been abolished, whilst Reports at p. 211, the Court, nuid the

The validity of this contention entirely sanguinary but insaning the same thing. protection, privilege and what I take to Habeas Corpus Aet clearly does not apply depends on the meaning of the

wards be a defense of molte prosequi still exist, to a use of this description, because it is 'criminal or supposed criminal matter, ' and

Assume the correcturas of the stateme The following was the English county to be as available here as in confined wholly to the cases of commitment

for crime, with the exception of treason and that the Governor-in-Council had added a The Court was referred to the cass of felony, he the suspicion thereof. The punishment to the punishment inflicted by Attorney General ». Stewart, 2 Mer. 143, words or the suspicion thereof are an à Conet, of Justicź aud that such punish- by which it was decided that the Statute of interpretation of the phrase supposed ment was added Lectuss the plaintif had Mortunio, 9 Geo. 2, cap. 3f, did not extend aiminal matter, which occure:

the Act. been convicted of misdemeanoare, it still to the island of Grenada in the Weat In the case of Cobbett Slowman, 9 remained to be shown that misdemeanours Indias, on the ground that the Statute Exch, Reports p. 633, Maule, J. said :-* It for which the punishment, infictal by some vas uota generel regulation

if property, and appears to us very clear, 'from the whole Court where the officers were properly that the Court of Chancery in Grads scope of the Act 31 Car. 2, c. 2., that its epgnieable, had been suffered, were within hude such establishment as an earul principal object was to expedite the trial of the meaning of the words terminal or sup ment office attached to it as was attached persons in custody under some criminal posed criminal matter,' nu copiously-inter- to the Court of Chancery of England. It charge.

preted by the judges On

On the 14th Having ndverbal to the construction and Augus, At the tins when he was under

punishment wader the Order, no machinery for criminal untter. carrying it ent Further in Jes' v The ease of Cobbett c. Stowunn reported underaging that adritional

punishment, for McKinney, 1... 14 A.C. at p. 82, Lord in 4 chequer Reports, 747, and in ap. an

an offence triable, because he had already Ilubhouse in that-overy judge who had peal by way of writ of error, in Esche been tried. Not

was be in custody UDRE addressed his mind to the question had quer Iteporte, 233, i instructive on this count

of criminal charge (to use the decided that the Statute 9 Geo. 2. 36 point.

of Pellock, Language

C. B.) upon which he was framed for reasons affecting the land

to trial: nor was he in 2., 0.27 prison (to use that

of the eight applyist England And not for renuns penalties under the Statute 31, Car. applying to a new Colony.

and was

was brought under the Och section of reported at of I am of opinion that neither the general that Act, by which it is

to be tried: nor, Justly, was hes objects of the Habeas Corpus Act ser the sesso à Vathily be in protides, that no Esperia) upon samue charge for which bear tion 6 prevent that section criminal or supposed criminal matter shali party who either had been committed from basing effect in this Colour, because bo temores fram such custody into the for trial, which he was awaiting under de preservation of the liberty of the schjeet, tai is warrant for such removal, It is ny opinion, therefore, that the

authorised modes, and that any persuts going sentence of jumprisonment. and the chi.who. confidence in it will do, and our co

it is so

for giving effect to nory fruly fixeuliwe call it on a positive gur this Colony. It appeare to me to be plain, and forfeitures Already mentioned in the the Under of Banishment, as opposed to anter We will cheerfully reland Rayone's that though the Art wue framed for ron Act, viz, in the ith Section of the Act. the first detention under the Magistrate'a money who after using Steamus Wine of sons affecting the liberty of the subject in The first count of the plaintiff Cobbett's wariant, was not a detention in respect of Cod Liver Oil, is but benefited by it. All England, Its objects are equally applicabin declaration stated that he was a primera criminal or supajeed criminal matter chromials have instructius from ge to offer to this Colony as to England

in the custody of the defendant Slawanan according to the judicial interpretation their patrong this guarantee. We are sure. The third ground of defence was that no ata led up for a certain criminal matter, to which has been placed on that expres this remedy will do all we claim for it, anti poualty mu'd be recovered from the de wit a contempt of Court. having one guarantee, there me risk to landast because y la no ens resideration was prommeatty before the remember, that, because the expression i Thug the very point now under son- There was no contentios, so far as I cip. 11 al Chemists, and Wboizsale frem. I will not step to consider whether or not A. S. Watson & Co., Ltd., Hongkong, mene, on a Decoy in person wan is Courts of Exchequer and Exchequer Cham question is not to be found in Section o oL

Lowester Gloccer

Sover Derbyshina.

the

血

+

Dentistry,

AMERICAN SYSTEM

or

DENTISTRY

39, QUEENS ROAD CENTRAL,

1297

TERDAM. ANTWERPEN, PENANG AND SINGAPORE. THEN. A. L. S. S. imi dery, Captain CHRIĶETANKEN, lavingarrived from the above ports, Consignees of Cargo are hereby requested to send in their Bills of Lading for countersignature by the Undersigned and to take immediate delivery of their Couds from alongsido.

Optional Cargo will be forwarded unless notice to the contrary be given before Nobu, Today Cargo napeding her discharge will

be landed into the GolownS OF THE HONG- Kas AND Kowloon WranE AND GODDES COMPANY, LIMITED, and Stored at Cou aignees*

risk and expense.

No Clams will be admitted after the Goods have loft the Godowns, and all Goods remaining undelivered alter the 19th Inst. will be subject to rent.

All Broken, Chafed, and Damaged Goods ars to be left in the Godowns, where they

CHADWICK KEW, will be examined on the 19th Instapt, at

(LATE OF POATE AND Nosti.), Hengkang, July 12, 1997.

DENTISTRY. SUI SANG,

DENTIT

2586

Entely. Practising with Dr. I. SAGAZA

No. 4, Quer's Road Centrit. Hongkong, January 1, 1898,

EN TING Suryevn Dentist,

No, 14, D'AcuTLAR STREET,

TERMS VERY MODERATE. Consultatio: Free. Hongkong. April 24, 1900.

DENTISTRY.

$29

MERICAN SYSTEM,

WONG HO-MI, SURG, DENTIST.

TERMS MODERATE,

CONSULTATION 90, Queen's Road Central, Hongkong, October 3, 1890,

p.m.

No Fire Insurance.has been offered.

HAMBURG-AMERIKA LINIE,

Hongkong Office. Hongkong. September 12, 1941.

1896

IN THE SUPREME COURT OF HONGKONG.

In the Maiter of the Estate of FRE-

DERICK W, WOOD, late of Vic toria, Hongkong, Gentleman, Du- censed.

NE NOTICE is hereby given that the Coast

Aras, by virtue of Section 68 of Ordin stico No. 3 of 1897, made an Order Emiting to the 12th day of November, 1901, for

FREE.sending in Clains against the above state. All Creditors are lureby required to send their Claims to the Undersigned before the said Date.

2390

JONGKONG HIGH-LEVEL TRAM- WAYS COMPANY, LIMITED.

TIME TABLE.

WEEK DAYS,

-

Dated this 19th day of September, 19).

J. W. NORTON KYSHE, Official Administrátor.

1808

PUBLIC AUCTION,

THE Undersigned have received instruc

SUPERINTEN DHer or Police in Sell by Public Auction,

- Nie Aut said the political object of the Act scope of the Act. I will consider the moan- detention by the defendant, i.e. was under- | 11.30 &.in. to 12.4... 10 minutes. tione from The ACTING CAPTAI -FassProcluded its application to Grenada, where ing of the expression criminal or supposed if was not in custody, he was not

-1090

SPECTATOR.

morcover there was

Find

Stearns Wine of Cod Liver Oil is Sold on a Gnarantee. Extensive the of Steams' Wise of Cod Liver Oil, in all virilized countries bas proved it to be meritorious highest degree. It has pundiori sumuse che results where other so-called tonics and reconstruc nives have entirely failed. Wherever used, the

it was an action of debt for £300 for might be brought arises

7.30 am. to 8.00 a.m.. Every 10 minutes. 8.00 to 8.30) ...Every 15 minutes. 8.30a.m. to-9,30 am...Every 10 minutes. : 9.30a.m. to 11:00a.o..........Eresy 15 minutes, 15 minutes. 12.45 pm, to 3

1.16 pm...Every 10 1.15 pm to 1.15

1.45 p.m...Every 15 minutes 1.45 p.ut to 2.10 p.m. Every 10 minutes. p.m...Every 10 minutes. 2.15 pm. to 3.00 15.30 p.m. to 5.30 p.m...Every 15 minutes. 5.30 p.io. 0 8.00p.m...Evory 10 maiztes. 8.45p.m. and 9 p.n., 9.45 p.m. to 11.15 the 14th September, at 11 am at the

p.m. every half bone.

SIGHT CARS.

SUNDAYS.

8.00 am to 8.30 am...Every 15 winates 8.30a.m. to 9.30 nm. Every 30 minutes. 9.30a.m. to 10.30am...Every 30 minutes. 10.30 am to 11.30am. Every 10 minutes. 1.00 p.m. to 5.00 pm...Every 15 minutes. 5.90 pan, to 6.00 ...Every 10 minutes. 6.00 p.m. to 7.00 p.m... Every 15 minutes! 7.00p.m. to 8.00 p.m...Every 10 minutes.

NIGHT CARS AS on Week Days, SATURDAYE.

of Physicians of public, its praises are aciple, underiyug the Act, via the festudy of any other officer except in cer- petitions or had been tried and was undur. 112,00 Noon to 1.00 pm...Every 10 minutes.) bounded. We know what it has done, what is of unisorsal applicably exists in contrary to the Act, shall inerr the pains second ttention on 14th Augusḥ - undor |

Extro cars at 11.30 and 11.45 p.m. SPECIAL CARS by Arrangement at the Company's Office, 3 and 40, Queen's Road Central.

JOHN D. HUMPHREYS & SON,

"Genera Manage Hongkong, April 2, 1001

100

SATURDAY,

Central Police Station, A QUANTITY OF

DAMAGED and CONDEMNED STORES Aud SADDLERY, &c.

TERMS :—ÁS Untal,

FICGRES & HOUGH,

Goteriment „Anctionem. Bungkong, September 19, 1991.

Not Responsible for Debts.

10007

NEITHER the Captain the Agents, now Cheners will be Responsible for am Deli contructed by the Officers or Crew in the following Fesed, during its story of Tonghong Harbours

Lauxberga, Britishi barquis, Capt. J. C. MEDonsfall.---A. G. Herria

A DVERTISE

ADVERTISE

ADVERTISE

'The Wife of Trade.

A ONE-TOIE order, like one blow of the hammer.cg the head of the nail, makes

an impression, but it is only the cons

tinuous insertion of the advertisement,

like the continuous pounding on the head of the nail, that drives the argu-

meat hotne and clinches it,

The BEST Medium for

Advertising is.

TRE

China Mail.

Read by all Classes in the Colony, and undoubtedly the

POPULAR & LEADING PAPER.

Established over Half-a-Century:

PRINTING

PRINTING.

PRINTING.

Artistic Printing

Done with Neatness and

Despatch

At Moderate Prices.

Programmes.

Company Reports.

Business Circulars.

Bills of Lading, etc.

Undor European Supervision

China Mail Office

5 WYNDHAM STREET,

HONGKONG,