CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 557

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Mt Fornochy took a different and more serious view of his duties, and the course he adopted led to the consideration of the questions propounded by His Excellency the Governor.

First. With reference to the Stipendiary Magistrate, I do not know whether the Portal Convention was brought to his notice in any way or not. If it had been, I am clearly of opinion that as an administrative Officer, he was not the proper authority to put a construction upon it (it being a case of first instance). In any event, had he refused the Warrant he would have taken upon himself a responsibility which he would not have been justified in assuming.

Secondly. With regard to the Marshal, although the instructions I have already quoted seem to place certain limits on his duties, the words of the Warrant which put him in motion, enjoin him "to keep under safe and secure arrest until good and sufficient bail shall have been given" any ship arrested by him. In the last book, it is laid down that the duties of the Marshal are analogous to those of the Sheriff, and he becomes

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Mt Fornochy took a different and more serious view of his duties, and the course he adopted led to the consideration of the questions propounded by His Excellency the Governor. First. With reference to the Stipendiary Magistrate, I do not know whether the Portal Convention was brought to his notice in any way or not. If it had been, I am clearly of opinion that as an administrative Officer, he was not the proper authority to put a construction upon it (it being a case of first instance). In any event, had he refused the Warrant he would have taken upon himself a responsibility which he would not have been justified in assuming. Secondly. With regard to the Marshal, although the instructions I have already quoted seem to place certain limits on his duties, the words of the Warrant which put him in motion, enjoin him "to keep under safe and secure arrest until good and sufficient bail shall have been given" any ship arrested by him. In the last book, it is laid down that the duties of the Marshal are analogous to those of the Sheriff, and he becomes Page 3 555

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12. Mt Fornochy look a different and more serious view of his duties, and the course he adopted lead: to the consideration of the questions -propounded by bis Beellency the Governo. First.. With reference to the Stepinter, I do not know whether the Portal Convention was brought to his not. And notice in any way or not. it been, I am elearly of opinion that as an administrative Officer was not the proper authority to fint a Construction upon, (it being a case of first instance). any event, had he refused the Warrant he would have In 3 555 taken upon himself a responsibility which he would not have been justifick in apuming. Secondly. With regard to the Marshal, although the instinction I have already quoted seem to place ccrlain limits on his duties, " the words of the Warrant which fut him in motion, enjoin him "to keep under safe and "scoure arrest mutil good and "Iufficicut bail shall have been "given" any ship amoned by him In the last book it is laid down that the duties of the Marshal are are analogous to these of the Sheriff, and he becomes

2026-05-20 17:28:56 · Baseline

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12.

Mt Fornochy look a different and more serious view of his duties, and the course he adopted lead: to the consideration of the questions -propounded by bis Beellency the

Governo.

First.. With reference to the Stepinter, I do not know whether the Portal

Convention was brought to his

not. And

notice in any way or not. it been, I am elearly of opinion that as an administrative Officer

was not the proper authority to fint

a Construction upon, (it being a case of first instance). any event, had he refused the Warrant he would have

555

taken upon himself a responsibility

which he would not have been justifick in apuming. Secondly. With regard to the

Marshal, although the instinction I have already quoted seem to place ccrlain limits on

his duties,

the words of the Warrant which fut him in motion, enjoin him "to keep under safe and "scoure arrest mutil good and "Iufficicut bail shall have been "given" any ship amoned by him In the last book it is laid down that the duties of the Marshal are

CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 557

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