1910-09-12 — Page 5

China Mail 德臣西報 中國郵報 All

-MONDAY, SEPTEMBER 12, 1910.

BANISHMENT ORDERS.

Governor's - Autocratic

Pawers Uphold.

THE MITCHELL-LEMM CASE,

Ford

A RESCUE AT SEA.

The H. A. L .x. Ambris, Capt. Delast,

while on passage from Hongkong to Formoso, sigated an overturned junk to which were clinging niso Chinese-soven mou and two womon. A heavy dea was running, but a boat was lowered and; uuda the direction of the chief ofions, succeeded in transferring the castaways to the Ambria after two hours hard and perilous work.

Anoy, and after a trip to Tamsui on The Chinoso stated that they came from countered a typhoon while making for Foochow. The junk was capsized when a and five children wore drowned, but the others had clung to their overturnud vessel for five days, during which they had had nothing to eat or drink. Naturally they wore in a vory exhausted condition when they were taken on board the Ambria.

HONGKONG

MAIL.

OLUB.

Saturday's Programme,

The Hou, Secretary of the Hongkong Gymkhana Club has kindly sent ur the pro- grammo of the Fourth Gymkhana Mooting to be held at Happy Valley, on Saturday

next.

1.-3.30 ro-GYNKHANA STARËS. - Value S100. Distance One Mile. For all, China Ponies.

-150lbany

Man and Godge's Temptation, Mr John Johnstono's Blackmoro Yale,

Capt. Heathcote's Tomahawk, 14lba...

150lbs.

Messrs Lowe and Hickman's Java King,

In the Fall Court this morning the Mitcholl-Lemm case was again mentionad, The Chief Justice (Bir F. Piggott) said they had been very carofully considering The Chief Justice (Sir F. Piggott) and the matter of the undertaking of a solicitor Mr Justice Hazoland, sitting as a Full to refund costs. There was no doubt it Court, this morning gave their decision in had been the practice but now that the

practice boon the case of Ix Taun Man, detained under per obliged to consider whether it was a banishment warranř in Victoria Gaol, and sound practice. He confessed that he for whose release a potition was made. could see us answer to the argumbats of

The Chief Justice Enid the grounds on It Slade that i the coats were

that was which the release were sought were that ho oror this undertaking right be, thewhat had had no opportunity of delunding him- part of the execution of the judgment and self before, the tribunal which banishad if that were so there must be correspond

ing security by the respondent to

to pay all grounds on which the order was made the sufficiently, ne required by the Ordinance. Privy Council. And that was not satisfied On habeas cornus the only quest

thy question for the tractor's undertaking because that to decide was Court to

of the undertaking was limited to the amount. In custody and as the custody was by virtue of the face of the arguments and the Privy the banishment order the legality could Council rules, they found that they could only be trated

by reference to the cot support the practice and therefore the Ordinance. His Lordship read the section of retice must go. The Privy Council rules the Ordinance which dealt with the powers

re very precise. of the Govenior-in-Council, and wont on to point out that the grounde upon which the order, were made were that the pormon way associated with an

AD unlawful society and bad boon taking part in bring-

ug mon into the Colony by fraud Inlea promisos for the purposos of oni-") gration, and he was in the opinion of the Governor-in-Council daugerous to the peace and good order of the Colony The order in every respect complied with the express provisions of the Act and the arrest. such circumstances was declared to be a lawful arus. His Lord.

him and that the order did not sat out the the scats and abide by all the orders of the fow hundred miles from Amoy. Two mon Capt. Hoathooto's Hinton, 148lbs.

Mr Justice Hazeland agreed with his Lordship'a expressions.

the t

A TRUSTEE'S CLAIM.

CAL

8

3

146lba... MATER Blackmore Valo.... Temptation...', Binton..*** Odde On! Liama Chiof 2.-3,50 r..-Halp Mize FLAT RACK.-- For all Chiun ponies which.bave never

WoD a race.

*

Sic. Honry May's Moonbean, 158lbe."... Mr Blauk'a Lightfoot, 158lbs Mr Arthur Robert's Hartwood 1581be. Mr ). K's Double Dragon, 185lbs. Messer. Scarlett and Potter's Naakia,

139lbs.

At the Supreme Court to-day the Chief Justice, Sir Francis Piggott, gare judgment in the case in which Mr G. H. Wakeman, Oficial Receiver, and trustee of the pro- perty of the Lai Họng firm in bankruptcy. Ki Tong to recover $20,000 mency leat our J. Johnstone's Soraph, 152lbs. sued the Yik Lung Wa Keo Back and Li December 9, 1904.

BIr J. Johnstone's Cabbage Treo, 140lbs. 9-4.10 PM-TEST PERGING IN SECTIONS T R.G.A. TEAM. THE SUPP'S A TEAM.

OF THREE.. Capt. Twis Capt. Loring.

THE BUFF's n TEAM. The Hon. P.G. Scar- Mr Davidson

ship was therefore most strongly of opinion by Mr W. F. L. Shenton, appealed in Lordship, in the course of his judg Capt. Finch

ABSCONDING PEBTORS.

The Law in Hongkong.

this morning in the case in which Sun Judgment was given in the Full Court Ming Shan sued Joseph Thomas Felix Marah to vinced. It will be remembered that re recover 86,174,03 money adl• cantly Mr M. W. Slade, K.C., instructed against varying an order made by him on the 19th

Action

of Mr. Justice August in

in which he ordered the defendant satisfaction of the Registrar for his to give ball in the sum of $3,300 to the

car appar ance at any time when called upon while this action was pending, and until the execution of any judgment that may be given against him, and in default of his own doing

so the defendant was to be sent to Prison until the decision, or if judgment was giren against him until the execution of the judgment, or until the further order of the Court, on the ground that Mr Justice faceland bid no jurisdiction to vary the first order he made.

the effect of the Ordinance. As the

Fis

they

Dir M. W.-Slade, K. C., appened for Bidon Potter defended, instructed by Mr plaintiff, instructed by Mr P. Hett, and Mr C. E. Boavis. that there was no case for liabeas corpus and that the rule should be discharged, The Ordinance as he read it gave the most

menty said not my did the books satisfy abschute power to the Governor-in-Council:

the broad test that they had been well kept and the entries were, accurate, but the It gave no opportunity to the person to defend himself it did not any that

more they were examined the more they the grounds must be stated in any

stood the test so far as accuracy was Con given way, nor that they must be legal

cerved. Defendant has said he had kept grounds, or inust disclose an offence known

no books of account or any private papers to the law: it did not give him even an

or memoranda such as a man dealing with opportunity of showing that he was

large mums of money ought. His Lordship not the man he was supposed to be: not

know that the Chinese very often trusted to thee memory but when they did so even that he was not die man intonded

mast Lake the consequences when they to be banished. It was said that if this

came into Court. It was impossible to were on the Government might as well

accept vague generalities and raguo suspend the Habeas Corpus Act. He did

Flis Lordship enaid that the appeal in that criticisms as being sufficient to upset con not agroe, for the question was what was

case mised questions of the greatest inclusions derived from a well-kept set of Ordinance was drafted it did as he sid

portance in connection with the arrest and books. The salient pointa in the evidence reduce the possibility of a slip being wade

attachment of what are called absconding were adverse to defondant, whone story te a minimum. But the babers corpus defendants befors judgment, or 10 state is Lordship rejected entirely. Plaintiff's With regard to writ was a a high prerogative writ devised the position more accurately, at the ad case was therefore proved. for the protection of the right et per thereafter. It was a barbarous practice, a

ment of instituting an action or at any time the question of the statute of limitation the

date of

of the sonal liberty and to prevent illegal relic of the dim

garnishen order was 28th Aug. of jurisprudence. 1900. To statute applied to the first imprisonment:

only the right to the was shared with British subjects by aliens preserved in the Colony on account of an twenty item is the Temporary Loan book in the Colony it was truly said to be

unfortunato habit anong Chinese defend- and they would therefore lo struck out of night bone to Canton the plaintiff's clain. Plaintif would live directed agridst the arbitrary

tho taking of when litigation

for remainder of tho claimi power in the direction of costraining liberty;

them.

was pending against judgment I rut directly the Legislature sanctioned the

WLM canitary ta element witli coste. In view of the attitude which

taken · បច្ច exercise of arbitrary power there was anary, jurisprudence to levy execution the defendant had throughout he

defendant before

the case was his Lordship) did not propose to allow end of the matter. Dealing with the aguinat a

heard, which arguments mised on the man's behalf his procedure did, for unless he put up entitled to expect on that part of the claim him such small costa as ho might have been was practically what the Lordships said they had, in his opinion security suficient to answer the judgment un which he had been successful. nothing to do with the case. Thero might

Mr Slade asked for interest on the agreed ho a hundred and ore political motives for which may be given against him he must banishing an alicu: thero might be a dozena to prison till he does. It would be as mata for the 84,500 which was proved. reasons why un enquiry, na public examina-well to consider the scope of the rule it His Lordship consented. tion,

no hearing of the banishes should be applied to Chinese as to Europeans held.The Government might plote against itself or against a farin of Sothing was said as to the intention with and this was given.

axercise

writ

And

ants of

chooses; and if the unfortunate defendant happens to be learing the Colony, oven for

the

Mr Potter applied for a fortnight's stay,

A COMPRADORE'S EXTRA- DITION.

in Court.

which the defendant ny be leaving the friendly power which it was its duty to Colony, or that it is with the intent to frustrate, and it could do much towards defent or delay the judgment; ; therefore Frastenting it by exerc

one in the Colony, whether high or exercising its powers of low, irrespective of position, banishment. Suppaso absit omen-that the mercy, of Au unscrupulous plaintiff Rights of Chinese Government this Colony wore boing made the basis of a who may bring an action for any smount he revolution against any of the friendly powers whose territories adjoined it: was it to be said for one moment that there must be a trial and a hearing of the other ensure trip to Japan, he will have to wide and a chance of defeute and all the bad the security, or go to prison, although the amount of the claim way he ridiculous. other parapherțalia of an informal criminal trind?

It was impossible. His LordshiThe rich tann, it is true, may be able to Li Yu Mai. late Compradare to the- added that the utmost length to which this the security, but if the argument of Bujun Maru, whose extradition is sought decision wont was that for the 'gzercise of strict construction was to prevail, that for by Chinese Government, should not be the powers they were called upon to

would not prevent his being hauled through discharged from custody. Mr Eldon Potter the streets by the ball to show cause te- exerciso the Act had provided na machinery fore the Judge. Thù cas has revealed that ; as instructed by Mr Bw. Goldring, tho and the Court could not invent one. They could not, as they were asked to do, correct the rule contains latent terrors for others Attorney General (Hon. W. Roen Davies,

Before the Chief Justica this morning at the Supreme Court an order was tnored for by Mr. Eldon Potter directing the Captain Supt. of Police, to show caues why i

lett.

Mr M. M. Brice.

Major Eaton. Mr Potter, Mr Crookendon –

ME OLDGE'S TRAM.

Mr H. J. Gedge. Mr G. C. Moxon.

Mr R. F. O. Master.

THE MAGPIES.

Mr G. H. Ross, Mr. M. Bishop.

. Mr.J. Johnstono,

MAEKS.

1-The R.G.A. tom,..... 2-3r Gedge's team:..... 3-The Buif's & team........ 4-The Magio's tena,...

134

20

Tha Bai's B team,..... -Mr Blaenn's team,....... 7-The Naval team,....... 4-4.30 r.31.-THREE QUANTERS OF A MI's

FLAT RACE HANDICAP.-For all China | Ponies, Mr N. J. Stabb's Cobalt, 158lbs.... Messrs Lowo and Hickman's Jura King, Major-Gen. Broadwood's Rufus, 1641ba

H. May's Moonbeam, 151lbs....... Mr H. G. Marckvnid's Llama Chief,

140lbs Mr Blank Billet Doux (late Jubileo

Rose), 149ba

1571b

Mr L. N. Lauto's Resolution, 1481hs... Mr Arthur Robert's Hartwood, 140lbs 5,4,50 V.M-LADIES' NOMINATION.

*RØYAL ACADEMY STAKES."—Gentle- mon will start mounted from a given point "," ride to another given point point

B." dismount, and leave, pany with manfuo; rux

to Nominatrix and

Lady hand

'her

sonded envelope containing

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narue of some animals immediately to Head Dispenser, Government Civil return to point "B." Mount pony and

back to poist "A."

"On "given dismount, sigual return to point "B," leave pony with mafos, run to black board bearing corresponding number to that on his envelope and card, write on card name of animal, he guesses is draw za upon blackboard by his Lady Nominatrix and ran with card to Judge. First quo homs with card bearing correct damie wins. On receiving envelopes from Gentlemen, as above mentioned, Ladies will proceed to blackboard bearing the same number as that on her envelope. She will then open envelope and draw upon blackboard the animal named in envelope Five minutes will be allowed for drawing. At a given signal Ladies will leave the course. The Me Slade in intimating for whom he

likeness to the original of the animal all subject and over which they had postponed, and his temporary sojourn

no

portrayed will be taken into considera- control, and if the Court were to counten unduly prolonged, And this is not the appeared said he knew his presence as

tion.. limit: for the plaintiff seed not, as the rule representing the Chiness Government was been advanced it would be admitting the s been construed, raaide hore; he road in conflict with a previous decision of Mr H. B. L. Dowbiggin by Bra Clark possibility that the Sovereign allowed in-Ho

not even take the trouble, as the plaintiff bis Lordship but he submitted that the Mr F. B. Hitchcock justice to be committed. Of course it whe

Bone Chiness Government was an interested The Hon. P. G. Scarlett to have done,

party and would be heard by counsel.

Mr John Johnstone right and proper that the parmon to bo

His Lordship anid he held very definite M: C

r C. H, Ross of cabled instructions to a solicitor here are opinions of the metter and he held that on Capt. Loring banished should an opportunity of Bhowing that he was zot the man he and all that'ia required. From the very super i fundamental principles it was impos6-0.10 P.-UNE AND A QUARTER Mas charge of the beautiful statud of Nioba |

man he had etch of the capacity for tortare which been taken to be. If the care' arose and the procedure contained, it would surprise the Chinese Government to chim tha

the procedure adopted by the Government.

than those who reside in the

K.C.) instructed by the Crown Solleiter, tank appeared for the Crown: and Mr M W. temporary sojourn between two Slade, C., instructed by Mesars Donnys and his constitutional advisers: redressers, is not only able to spend some and Bowley, represented the Chinese for wrongs committed by the Executive Tay to an authority to which they were of it in jail, but may bare his journey Government.

But behind it all there, was the Sovereign stranger passing through Colony. A

'nuce in

arguments

Ing a

*** in that action

nood

of following the appearout to the Colony i ]

***** for the

Do one to hear that, being greatly shocked righ

Mr Slado said it was a case of a conflict

*

Mrs Hitchcock

Mrs Eaton Mrs Keswick

"Mrs Rosa

Mrs Twiss

“Niobe. "

A happy Saturday night audience gather- ed in the Theatre Royal to witness the threo act farcical comedy."Niobo (All

ITS WRITING IS ALWAYS IN SIGHT. It is speedy and durable. and it is an excellent manitolder.

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PILE DRIVERS AND HOISTING ENGINES

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Smiles) and they had a thoroughly enjoy. Various makes in stock, including TANGTE & WORTHINGTON,

uble experiance. The story is briefly told. Peter Amos Dunn, President of the Universal Insurance Company, takes

Post Entries.

FLAT RACE. HANDICAP.-For alí China Ponies.

| from Hamilton Tomkins, a millionaire ærl enthusiast, and instale it temporarily, in his own home. While Pater Amoa ia alone

he did not have that opportunity the Secretary of State would very soon put on his arrival, His Lordship had tried to with old principles and madora theoretical Messrs Moxon and Gedge's Temptation, ---matters straight: only the Court had no-

put it tia a more civilised shape: nor thing to do with that. On one point in this stempt, that he had endear developments of these principles. And Mr Juha Johnstone's Birckmore Vaio,

being had he

he any doubt as to the

these modern developiheuta were not very construction of the ordinance: what was pured to abear off some of its excrescences,

onis

with

It

right

of the on

ngre, and Ris

other

شما

sorry to

the greatest should give a

158 lbs...**

163 lbs.

MrBickman's Korry, 151 Tbs.****

144 lbs....

142

in the room the petrified Niobe comes to

life and she immediately throws herself

***

epon the broad, reposeful bosom of Peter.

NE

As luck will have it Puter's bosom is already

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the real effect of the provision which and to whittle it down to more rassonable practical

limits consistently with legitimate constros. Lordship said if they allowed foreign Capt. Heathcoto's Tomahawk, 155 lbs... which the order was made to be inserted tion. It had beenesid that he had amand Governments to come in they might get Capt. Besthcote's Hinton, 161 lbs. in the order? It occurred to him as just legislative power duties. He did not diplomatie questions. Inter his Lordshin Mesara Scarlett and Potter's Nankin,

and had not confined sorts of queer questions raised, perhaps

reserved; in short, he is married. Not BRITISH BUFFALO MOTOR CO. FRANCIS WEESTER & SONS himself to possible that this statement might carry

only married; he is burdened with two pointed cut that in the case of Spain and Lordship in the

was not s person banished to

sisters-in-law and a brother-in-law who contest the accuracy of it or to prove its have that opportunity of having the matter Switzerland a clause was embodied in the Mr John Bell Irving's Younger Brother,

Treaties that where necessary those

naturally want to know

more about inapplicability to himself. But such doubts gued, and establishing the procedure by Governments could be

Mr John Johnstone's Salvator, 1401hs... decision of the Fall Court In the present offer of the Crown. He added that se he had wera dissipated when the Attorney

the strange lady than Peter cares to represented by a If neither of the top weighta nccept tell. To get out of the quandary Peter case the defendant was passing through the Foil Court had allowed, the Chinese weights to be raised 3 lbs General pointed out that this statement

the tol.

ny; he did not readde here. He Government to be represented previously

as was supplied after the order of hagishment had come by one boat and was off by an he would permit it in this case but he Bayard, D.S.O., and the Officers of the End as the new governess who was expected: was made and when it was served.

By kind permis-ion of Lieut.-Colonel R. tries to pass off the revivified statua Dealing with the contention that the particular doubt whether

His Lordsitip

the esection of the Ordinance

written decision on the Battalion The Buff, the Band of the Regi about that time. The scheme works secret society of which the man was alleged

ment will play the following selections moderately well for a time until the real to be a member should have been specified, applied to such & case at all. He certainly

did not come wit

within the

spirit of the law.

The Attorney General said the Crown March. Vater dem Linden... Crosse governess turns up and then the cat is nut this-that although they knew as a fact The absconding, if any, was from Shanghai, sion on the point wh

Selection...H.M.S. Pianfore... Sallivan Tomkins takes Niobe unto himself. that men did plot in secret the Govern

Big LordshipWhen.. I came here the Valsa.......

Tesoro Mic

Tho ploce went with delightful buoyancy ment might not counter-plot in secrot bat with which they in Hongkong had nothing

Berucci

from start to finish and its interpretation must carry on its war against them openly

Polacca by Winn His Lordship thought there Chinese Government took charge.

all-round s and only by a regularly organised tribunal that the scheme of the sections. com-

was much force in Mr Folter's argument Mr Siade-So they had from time im-

Company Two Step... The Dollar Princess'... and with a procedura sabject to the control

Fall collence of the Bi Lordship said his view was that it Sketch ...... Gipsy Life". of the Courts, Such a principle, if the Court templates a permanent or quasi-permanent

Le Thiere Stewart Dronry this time and the leading maintained it, would make Government residence broken up by leaving the jurisdic was only possible for the Chinees Govern Galop... The Trump Call", inspossible. In conclusion, his Lordship said Lion. His Lordship could not soo how a ment to watch, but no more. aliens, to which the Ordinance was limited, person who in the ordinary circumstances had no right to reside in this country, of his life is not resident hero, and there. fere not liable to be put into prison at the

·

matter..

his Lordship said that argument came for he was not an absconding defendant was anxious to have an authoritative doci. Overture... Los lac de Fog'Auber/of His bag. All enda well, however, when i

auto

do.

memorial.

Mr Potter abjected to the representation of the Chinese Government, arguing that theso more not extradition proceedings at

except no far as it was granted to them by time of judgment, can be said by removing all. They might be the result of extradi Magna Carta: and this Ordinanca imposed

a limitation of that right. But putting the himself from the jurisdiction to be doing tion proceedings but they were not the

Selection... The Girl from Kays...Caryll was another tribute to the Miss Maude

GOD SAVE THE King,

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Quotations for any description of Machinery or Engineering Plant on application to DODWELL & Co., Ltd., MACHINERY DEPT.

KITSON

LIGHT

Hans role. It suited her to a nicnty With A Brilliant, Safo and Cheap Illuminant by Kerosene Oil..

tragic voice and clamic pose she played the part for all who knew how-and carried with bor jast that atmosphero" which in contrast with her surroundings yielded the full measure of fun. Mr. Warwick Major. xlso did well as Pator Amos, Leing especially

Although the cricket season does not good in his comes with the revivified

Charter on one side, residence of an alien anything which is likely to obstruct or thing itself. If that waanet so they would really open until the 1st prox, the nets at statuta. Another success was secured by was at best leave and license, and if it were delay the judgment when obtained. He bare foreign Governments intervening as the Club have been thrown open for Miss Minner Payner sa Peter's dictatorial, necessary to find a justification for the strongly of the opinion that the right to common-law questions hielt practice for the past weak, but very little golf-righteous sister-in-law Halen, of on- Ordinance which authorised the Governmotion only applied to persons who at affected those who resided on English advantage has been taken of the same, corinin ago. She was again thoroughly at could be found in the old doctrine of Wood kau permanently residing in the calang. templated by the Extradition Act. The

DODWELL & CO., LTD., Sole Agents. OREGON PINE

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Ho

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typa sho; could sacerely be excolled. Uf

course Miss George Corlaas was in the fun.

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BBTABLISHED

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THE Ondenigned here bien appointed SOLE AGEN in Hongheng and Betib China for the above Company's WHISKIES.

. Lendbittor, that whore leave and license could not give judgment on the point: Chinges Government by treaty had to apply Not many of the players included in the to enter on land bad bean secorded it

because there was no appeal from the by requisition: they could do nothing ns of list of sapiranta for interport honours have might be revoked even though it had been order; not from any fault of the solicitor, right.

yet been down and there seems a lack of acquired by contract and a price had been in a dry, and the point was entirely new.

After further argument his Lordship asid koopness which ia lamentable, especially in ever with mischief and was her sister's because applications of that sort were made paid. The rule must therefore be disa plaintiff out of jurisiiction, may bad and allow Mr Slade to appear."

he must follow procedent in, this instance view of the r

ie nearness of the trip up North chief grievance in life. Sweet, viraclaus, -charged.

The Attorney General intimated that as Mr Justice Hazeland concurred, azid the sordio difficulty in putting up the moonrity

fascinating, he soon become a favourite In view of the starcity of good bowling with the audience and added to her Chiat Justice added that it followed that it married, therefore he may not be liable to ho was not thoroughly soquainted with the in the Colony, it is probable that the battor popularity by the pretty musical numbers was not possible for them to allow costs fald the conditinn precedent to his facts of the case Mr Blade would nido class baterion feel it is more or less a the introduced All the other parts were

The defondant represent the Crown. the other two casca suing in the Court.

His Lordship-I hope we ought not to be in prison, therefore he

alan't have must come out again, After giving the two opinions. mattor their best considontlen, their Mr Blade There is no diversity of opi. Lordships had come to the conclusion niou, my Lord. that where an application is made under HOW TO CURE A COLD,"

Mr Potter-A rose by any other name thus enabling our men to get the best not Aunt will be staged and at its conclusion

To-night the old favourite "Clatley's THE STANDARD those sectious by plaintiff who was liable(ughter), "VA careful will to if he

Bir practice possible for the batamon, bowling the last two acts of "You ever can tell B. siqually take cold, and when you do, co sive so urity, bu made out his case, ppl: Potter then went on to mako, his mirise goed bowling-fer the bowler, will be played

the issue of the warrant conditional on them facis can made out before the bowling against good batsmen patting up of the usual security of 81,000, Magistrate, and that no evidence had been So far no sttention has been paid tola A DANGER AVOIDED.

against the Crown

ito apart from any general principle laid wn by the Full Couït in a recent case.

D

get a modicine of known reliability, on

that has an established reputation and that

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