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A nonnent, to be erested in memory of the fficers and men lost in the US, steamship Unido, bau bere lying on the New Pier for ille lust meek. The base weighs live and The pillur has on the four sides the astaus of the officers and men, cat in Hongkong granite and gilded, mod is now, hỏing shipped on board the U.S. steamship Inalie, which west alongside the Fier yesterday for that purpose

SUPREME COURT. 14th Mu

The Attorney-General summed up bin case. In this one, as in many others, the matter after being gone through reached itself into a comparatively small compass. The firat San Fransen, Mr. P. FRH, 21. Mer-out bad been abandorid. With regard to

13

obnuts Exchange.

New York, Messra. S, M. PETRINGILL & CO.

87 Park Row..

The Daily Press.

Herono, MAY 16TH, 1873

་

the second, that the bank hul rendered them

THE DAILY PRESS, FRIDAY, MAY 16TH 1875.

the question

--------

Mr.

POLICE INTELLIGENCE

May 18th.

BEFORE F. W. MITCHEL, Esq.

DESERTION

Defendante anid no perzon induced them to go and the Inverdruie.

Defendants were ordered to be handed over to the military authorities to be tried by.them, font ne officer belag in attendance to receive chem, they were sent to gucl pending instrua

Two soamen

"THE CHRONICLE AND DIRECTORY" to enable the managers to form a jaxt basis lawI shall not lay down the question, because under a direct promise to pay it, as it wasmgrsing." That word was used, and not the been given in avidense by Pereira and Greiz: fue calculating the average losing which are both sides admit that in this case notics was received by thomas his agents. If the wards "Robinson's cheque." Mr. Tereira, said and high was the only evidence whether it Bankore received it as the ngonta, they were that if he sent in sufficient money that night he was within the rates of Banking to transfer given upon-tre-day. likely to ocour in the course of a your, but ai Mr. Duyilar-We do not deny that for a bound to use due diligens to get it paid, would pay the amount of Grobiens cheque, after three o'clock.

Mr. HayHaralso quoted Kilsby and Williams witness naked this question evidently being Is Lordship That was proved by ovary far as we are cuabled to judge, the local Coin-momane,

The Atteraus-General thon continued that to show that where there is a common banker, anxious that this amount should be paid. Howitness called.

The Attorney-General. Quite so. I was Two privatos of H: M. 80th Hogiment, naced panies are proccoding upon a, basis that the evidenos showed that Pereirs hnd put the it is pushed that the banker taken the stated that he drew the beques with some sanbles them to distance all gompetition, sheque back in the book in the ordinary course elegue as the agent of the bolder and he also reservations." To this the Attorney-General only afraid that in the honking trace were W. Hraket and E. Gwen, were charged by buring arrested them on board the British, To put the mattor in a familiar light, the re- about half-pust three, and the fact that Mr. referred to Boyd and Eron, which he said hjcsted, and naked what were these comervation? after three, it might be thought it was some Incpostor Strood with attempting to desert, lie Mr. Hayllar-I only suid you could do it irk Invandrute, by virtue of warrant procured tarn of premia which might have her made Grobien was away from his office till a quarter differed from the present cases that was Of course le objected, as a cheque is a cheque, thing irregular,

ast fire did not affect it. The learned At age of overdrawn account. He went entirely on and you do not recave cheque with reserva

respecting foar men bo "anw got into a boat at by local offices to the whole of their contri- torney-General said the case was arrowed to his uses it was within the bank; they received tions. If a word of mouth understanding were pay or receive, but you did it at your own by P., Bond, No. 9, on information beid bators had their entire not earnings been the question whether there was a contract that the chegue at a quarter to thres; thoy did not to be taken weehould never know what a cheque risk.

His Lärdabip then came to the evidence of the Gavurument whirl on the evening of the 13th in consideration of the cheque being given up pretend to have sent plaintiffs notios until after means. With reference to the statement is esse eligible for division instead of being required the bank wall pay, and the only evidence bank hours, They were bound a agenta fa uae examination: I swear that I was not asked. Chater, and noted the time as stated by him, instant, dressed partly in uniforms and partly to add to Reserve Funde, and pay jug only produced wore the initials "A. A. If they do despatch, bat plaintiffs received notion of by Mr. Symonds to bring funds to cable It took his half an hour to find Relunni, who in civilians dress, and who offered him all centa corroborated by a boatman informant. The Inaited percentage as bonus, would be 57 per thought that Parcia putting those loitere sid the disticmour only ut a quarter past 5. Pereira, Grobier's cheque to be paid" und "I pro-me to liis office, while he was writing at half- to get a bont for tuent. This information S

mised to make up the balance of Robin-paat two'clock. Facting in conformity with the rules had autheit was time, unid he laid the cheque on

His Lordship hare mudo auree remarks about information we na follows: Woog-n.yooug. cent against the 20 per cent. conceded by rity to bind the bank, and that there had been the courter parlier, but Led Ellenborough Ron's obeque, bis Lordship observed that the

a liké Base jury should not forget that binnen's clicque' the converontioshaving bean let jo-which instgr of a pillaway lot, registered at the Europaan oleos. This large return is ex no departure from the practice, the bank gas distinctly laid it down in

had been already trenaferred-would n alark in was afortunate for the plaintiff but it ap- Registrar-General's Offio a No. 1,278, who clusive of an additional. 12 per cent. ior insperable to pay; but the intention "tie that some evidence most be given that a

thought was clearly opposite to any such sup. letter was taken from the table of the the Bank. after the cheque bad been alrendy peared there was some misconception, and the being quutioned to speak the truth, stated him- trest on paid-up capital. As the reserve position. Something had been said about cannting-house and put into the Post-ofor teansferred, have imparilled his position in the point was left till it was come to in the course wolf and his wife and daughter, twelve pensa | age, live on board this- pukaway boat, and ply fands are yearly becoming larger, tire time Pereira being absent at tiffin; bat apart frem (3yles, p. 259). Mr. Hayllar elao kaded to Bank by saying it would be paid the following of the evidencevidence of Auton that it was at the Government wharf, near to the barracke

This dbard the plaintiffs' esan. Phasing to the will inevitably arrive when some such pro the fuel that negligence had not been pleaded, the point that while they and Grabien's cheque morning! FOREIGN SEPTLEMENTS OF Cable-division will be made among nearers, it could not afret the plaintiffs, su Grubien at theft hands Robinson's was paid. He said is Lordship, then one to Pereira's evi barely balf past 2 when he left the bank, beoband cricket grunnd, with the help of bis family. cheque arrived half an hour after Pereira came it was a new point, but submitted that is the decor and observed great deal has been served that he had reason for recollection it, as is bout was at the wharf, at about 16 p. on SHANGHAI,

meanwhile, it bohoves those interested in buck. The learned gentlemen concluded by exercise of dne ure and diligence as agents they said with regard to the mode of conducting theit was alsy to understand that the matter would the 18th instant, when four Europeans, dzested these raatters to study the facts now est saying he felt surn the whole evidence would were bound to ascertain whether their customer, business in The Bark; and regiarks were made heat once subject of conversation in the Co-like seamen, some baring walte jackets, end convince the jury that so far from any hard-Grobisu, bad received the cheque back from them to show there was a want of care. But if there long. It was likely the time world baimpress trawseri blue or blesk. Two of the Europeans forth, and to give their attention to the ques-ship being attributable to the lank, the bank before they paid away the funds and the was negligence on the park of the Bank, that ad on his memory, sering be had $25,000 at appeared to be in liquor, and the other two nut. tions affceting themselves that ary involved and acter with perfect regolarity, and accord- $11,000 which Konig paid in. There was no brought forward another question, which should stake. Coming to Symonds evidense, be said it They get into bila bunt, and told him to go to ing to the law of banking as laid down forty evidence that Grouten's obeque had left before be settled by notion on a Jifferent const. This was at 2 35, which was quite in accordance with hip" "English bark," pointing to the East. therein.

was an antica of promise, and as soou my new the evidence of Chater and Pareira, and the Ope of the men then steered the boat alongside peara ago in Boyd and Emerson, and which banking hore.

Hie Lordship and why he refused to allow it, relations appeared, it would bazo basu perfectly eridonos of the former gas that of an antirely a bark opposite to the new pier, which lay about The P. & O. Company's steam-tug Dragon was as much law in this Colony as if it were am

bodied in the ordinances.

we that it was evidence irrelevant to this use. potent to counsel to introduse a alituse that disinterested wituens, as the Bank could not 200 cheongs in the pier. Upon the boat t yesterday for Simugbai, in tow of the com.

Mr. Hayllar then replied.-Fi was sure became the bank hid the whole day to giro to Bruk was so donducted, and, that they now by any possibilily recover from him. If getting alongside one at the men gave him a pany's steamer Exou.

the jury would scarcely gradge the whole notice: That he would rale ue a matter of last bear the love, Hat, he bus, not done so, the jury believal the evidence of the plaintiff's ten sent piece, and they then all ran up the and you and I are solely bound by witnesses so far as ponersed haters aberna side of the ship. He then left, and anchored his Yon baving had the priority, his Lardship thought boat about 100 gods off the Government wharf. time spent over the case, which was not only plaintiffs received the obeque at a quarter to 5.

Mr. Haytlar said his ooptention was not that the four cornera of the pleadinge. of graut interest in the Court, bat also of greut

ercutite mumest, being a case in which be the bank had not given then notice, but that must not take into consideration whether the they could bure no doubt of the truth of what He did not know whether any of the men left believed he could show rose two points they received $11,000, sh then paid away mode of conducting business at the Bank was Symonds said, anmely, that the traveler, took the ship; did not know her name, bat could which, so far as Ab could find out, were por funds, knowing that his clients cheque, was objectionable or not." Coming to the initials plane ten minutes before Grobien's cheque point ber ont,

This was done, and the bark was proved to be feotly naw. He would put the case according outstanding. This, he enbuitted, was contrary come to the coachvion but he had better lervo on with Robinson's cheque that there were to the British barke Tnerdre, bual to 10.

en-the-oheque, la Lordshipyticed he bad came. The jury would remember in connec to his Lordship's questions, and he felt auro tu cummun sepseúnd fairness

PC. Boud, No. 4, gare evidence of arcom- when the jnry had heard bim they would be His Lordabip end the paint was not one for it to the jury-which he would not do if it were fuade whatever to meet the obeque in dispute. entirely in bis favour. First: Was there not the jars.

a pure question of law. Regarding the time. There was not sufficient a meet the amount of panying Inspector Strend and P.C. 96 on the cheque was received and tatrued, le ob. the cheque, and ble Lordship bid it down to board the birk Inservie, and assisting to n direct promise by the bank to pay thin

Mr. Hagliar submitted it was a new point, served that the witness suid be was in the office be jury that boators are not bound to pay exeinte the warrant, when the two defendants abeque at all erents f

Ho abould point and, geforbed his arguments as to the fally half an hour before he ate to the paying fractions of cheques. I believe, Mr. Hayllar wore apprehended on board in the fure part of Testerday morning, early, a very large quanont that as this was a caso entirely of

the forentatie, dressed in seven's clothes. lity of straw, Buy two dozen bundle, was first instance,

Defendauts denied that they intended to the practice of the bank common-bauker being responsible to the hold-in book of the plaintiffs. That, his Lordship will censent to tie ?

Mr. Hayllar-Well, if your Lordship asks observed floating in the harbour, and with the

desert; said they were going back again to their notion of the wind and a cross set tide, in thr bad been mainly set up in oppusition to thisar of the cheque aa bie agent; and uleo hiв ar-noticed, would be a quarter to 3, the very time!

part of the onse. He thought, however, be gument regarding the irregularity of the price the plaintifs cheque came to the Bank. Theme that question

Ria Lurdeb Well, then, I will not akbarracks at night; they went on board dronk. quarcera of anhour is had drifted from tbs Houg would be able to show from the evidence which tice with respect to initialling the obit-book sheque was returned with the meinerandum

and discovered themselves on board neck toorn. Hie Lurdship observed that the latter arg-refer to drawer, and the jury might presume you that qucation. kong side of the barbune to the vicini nad been carefully sifted, af Meeera. Graig, ment was wide of the issue, as they did not pue the cheque was sens back very soon after it was Mr. Haylla-If your Lordship would saying, where the Gunpowder Hulk hy before she Symonds and Pereira, thatthe Bank had no such the bank for negligeuse. The jury had nothing opened. There was not one word is theevidence whether you wish me to consent that it was the

The constable said they had bundles of uni. Orders for Copies may be sent to the Daily we moved over to the basis of bluettard thing as a practice at all. Of course this on whatever to do as to whether the bank might of Mr. Grobien how the cheque got to the custom of the Bank to pay

farm and other alothing when they act on to Ielund. Suddenly it became ignited, and

session must be made if there was a practice Press Office, or to the following Agents ---

Bank the second time. All we knew was there

His Lordship-Not to pay frnotione: Sup the wharf to get a boat. was all in blaze. Fortunately the Powder

regular practice-invariably followed out by better or worse conducted.

Mr. Hayllar repeated that be pat bis arga- at the Bank it was It formed a part of both pose I present a cheque for $1,000, and have, Hulk was away, or doubtless the disastrous ve

-the bank, or followed oat with such uniformity. petition of seven years ago would have hapne to form a practice. If auch were the case, umenie regarding the conduct of the bank is plaintiffs and defendants' eest at sto vhaque only $500 in my Bank's hands, the Baak aaye

Blat there are not sufficient funda. Reged. Still the heap drifted towards Stone-

Mr. Hayllar-But the question then is, are antter's Island, but before reaching is, it had that practice would be imported by law into respect to their being the plaintiff's agents, and was there the second time on the

any contract betcou the plaintiff and the de- having acted in snob a way as did not protect Janaury. With respect to burned iterlivut:--

fendant. But it was in the first place neces. bis interests in the various points alluded to why Mr. Pereira thould have been anxious to they entitled to pay other cheques,

His Lordship then continued, and coming sary to consider the position in which Pereira and Lo concluded his address by putting it to get Koenig' cheque puid, bis Lordship point.

AIDING DESEATING. atood. He was -cashier of the bank, and was the jury, first, whether there was a definite pro-ed out that be was the agent, and it was a duty to the payment of Robin'e cheque, again re- tions.

on bis part to endenyour as far as possible to ferred to the risk the cashier would have in

named G. McLeod rod J. at times assisted by Mr. Syouds, the ledger is made; and secondly, whether in the cir keeper, who gosa to the counter and reagires oumetences of there being money at the Bankaid his customer in getting the money from transferring it on his own responsibility.

Brown, were then charged by P.O. Bord, No. BEFORE THE Hor. H. J. BALL aheques from customers either for the purpose after plaintiff's chaque was premontol, that Kresiz. With regard to the point of the regu- Kuaig asked: Will you pay the sheque to

Iar times for bnsiacss, bis Lordship observed

and Captain Deane as follows:- And a Special Jary, coneisting of Messrs. of transferving or being paid in cash. There money was not the plaintiffe

tisular-reason for him to be anxious, but it did Newchoang.I & Co., Shanghai

was this marked distinction between these two Thomas Howard, A. Newton, 8. J. Gower, J.

His Lordship, to charging the Jary, said that that banking hours were so well-known in Lon-night. There did not appear to be any part, before F. W. Mitchell, Weg, the Hor. C. any, Cumplainant stated on the night of the 13th Prestain and HALL& Hovrzand KELLY J. C. Glavey, R. Deacon, T. A. Harris, and D. poreons. Pereira TYKB ably the cashier, the pleadings had he lengthy and intricate, don that the Courts took judicial notion of them appear that so we noxions that Grobien's

Peking.....! *Co., Shangbai, Rattanjee.

Symonds was in the double expacity, and both and the case involved a large amusant of money, No doubt they were as well-known here. The aeque should be passed: sa te bold Chater and instant the two defendants, necompanied by the Nagasaki...THE C. & J. TRADING CO.

Sander and another v. The Hanghang and Shang-signed “T,” and both came forward in some way and weald also illustrate the relations between custom seemed to be that they were from 10 to Robinson not to present their abeques till mor two soldiers in the last case, ennu down to ogo, Quala...THE C. & J. TRADING CO.

hai Ranking Corporation.

or utter before the public. Symonde, as the banker and customer. The plaintiffs' declara. 3. His Lordabip further observed that if the jury sing. All the bank had to do was to consider uke Government Wharf, near the Barracks, Yuhahaha.....Mere, LAZE, ORATED3D | GI

Mr. Hayllar, instructed by Hesare. Francis ledger keeper, is the person who when ation was in three counts. The first was practi. believed Pereira; and the shroff and the plain the cheques before them, and whether they bad where he was on duty. The first defendant Mr. E. J. Moss, pan Gazatlsand Stephens, for the plaintiff, the Attorney. obeque is presented to him, un bie capacity of oally withdrawn, but the second was a different ciff, the very moment the cheque was brought funde to wrest the. Hie-Lordship again said to him (ecastebla) Get une ogood boat,

Office.

Geners, instructed by Mesars. Shury and Tol-cashier, kowa the exact amount of the one matter, and was a relation of the circumstances to the Bank, that very moment it came into referred to the "T" mark. It was very and I will give you 50 cents and a drink cut of Pereira's hand: 45 minutes after two was the reasonable, and he did not think it ever this Old Tom bottle. He kept them waiting ......Makara. J. DE LOTZAGA & Co.

of the two persons having account at the same |tomer's balanc→→→ ler, for the defendants. M. Rise & Co.

Mr. fayllar stuted the alteration in the de His Lordship Ee, could hardly carry it in bank. His Lordship then read the secvad time the mbret ould be delivered it at the Bank, necessary, to ask the Jrry whether it meant for some time, in the hopes of a police bout

Lia bead.

coons, calling the Jary's special attention to it. and 15 minutes to three was the tice the transfer." I did not mean more than that the coming along. The second defendant, who waÙ- claration suggested by hie Lordship bad baen made.

।,- - Mr. Hayllar-Not quite, but in cironmstances It involved the question whether a promise bad cheque was received by Pereira. That he cheque was passed to a different account in the sitting on the steps, said Why don't you call a of this bind his experience works in, but resulted from what bad happened. He would, night have been interrupted at different times Bank, passed in fact to a different department. bost." The defendants were as now dressed, bus. Periera mnat of necessity refer to Symonds. It before going into the counts, atate the law made no difference; beibes the rery time the Pereira said he put on the initials on the without couls, they had soldiers forage caps on you look at it in this way, Poreira being the several parts with the exception of that shroff said be arrived at the Bank, Pereira books withes: conniting the ledger at all, and without numbers. The two soldiers hud mili sole cashier, he must bitself know pretty for money had and received, to which he would be examined the paid in book of in a point such as thist, Pereira was better able tary, trousers and coats like those the two de well when a cheque is proscated to his more allude by and hye. It was first dearable to Suuders. His Larsship considered it a per- to give an opinion than the manager bimself, feudsute now wear; they bad bats on, net aape or less the state of the man's balance. Tassttte the relation existing between banker and teetly natural arrangement for Pereira to say us it was a matter within his particular the defondanta had handles, in which be e selves liable on the receipt of the cheque, he cusbier is the only person to pay in and the clicat. The ordinary relation was that of an to the parties bringing paying in books after province. If the initials meant more than military buttons of H.M. 80th Reginaest. He submitted no anch contract had been proved, only person to pay out. Pereira tella as the ordinary debtor and creditor, to which was hours, when he did not wish to take the money stated, they would make the Back grantee has seen the first defendant for a long time either directly or by word of mouth, nor was practice is to pat bis initials on the paying in superadded the obligation that the banker would in, "Come to morrow," and it the party did not the cheques upon other Banks, I was of prowling about the "Cruan and Anchor,* has been in gaol con.. there any implied contact, which would make bonk, and then to take the cheque to Mr. Lonour the castoore cheque if he bus auf. Súd the initials on the boot, he would know course for the Jury to believe or disbelieve the and other public homes, a company with the bank responsible. With regard to this, if Symonds. He makes and takes it to cient funds at the time to meet the Regard the amount was not paid in. A good deal had evidence. If they did not believe bir. Greig's soldiers, and would be a point for the jury, as his Lordshipgmonde. taja is the practice, it might be accond punt, bo read from the been said about Penia's admission that be evidence us to want an initiale man, they sequence of disturbatives be goi inte there. Emerson, namely, way have sent the chit bak biok withint the would have to believe that a Bank might be frou, and called open to-Rad early, und was bound over it, bis own recognisices" to had decided that it should be put to them, after he that this practice would enter iuto rating in Bagd” and

are customers of initials. But most people may be in a position onde responsible not only in reapsit to the he had given his opinioa on it so far as it was the contrast, wid very costarial evidence" Wutre, two persons

$200,000 keep the peace for six month, He has only axine hapt, the bankers must be not to be able to swear they bare not done che ne for $21.00, but $130,000, a matter of law.

was given on this point by Pereira on the

iron or another Bank. if the letters meant boen out of gaal n few days back. The de His Lordship here stated that he bed sketch the 10th May, I placed coatinned Mr. considered aptitle to the same time forgiving many things in their lifetime all are liable to ed out the questions be thought of submitting Hayller-in his hands the paying book notice of the daboonrue if the cheque of make mistakes at tiones. Regarding the letter that they would make themeolves responsible fendants got patient, and a sampati came Innerdrain. He thereon faid information, and to the jury. If they were in accordance with of Melchers & Co, and a obeque. In the pay which they are holders had been drawi opmT" put upon thocbequos, it was contended that for the account of the strques which were sent and took them off to the British bark

The next it must mean that the monat had been trans- in the paying in books, the opinion of Counsel on both sides, it might tug-in book it is zoted not sufficient funds, aud.dishonoured by another bank,"

Mr. Hayller observed that Mr. Greig said this procured a warrant, which wits Inspector Strond he executed on board the Innerdrate, Ir is pleasant to tuin-from a contemplation are time. He then read-the, questions.-as

and the cheque is not usarked with a "T." He mutter of law was this: if the benrer banks faferred; but the witness's explanation of the "T"!

His Lordship said Mr. Greig stated he and found the two defendants and the two of the present state of staguntios in the given at the eogelusion of this report, as sub gives au explanation; but on this occasion the the sate bank on which the cheque is drawn, his Lordship thought a suficient abawer. Mr. was quits a comman thing is our Bank

pying in book, no promise to pay can be implied from the Greig also said it meant siusply that the amount)

was no person on the deeks when they bearded, canenrred in by the Counsel.

and being asked the qucation;

Thin, as Mr. Pereira very but on reference to his notes corrected have been satailed upon the great majority |

"our" are the cook, who was standing at the guller The Attorney-General, then continued his this paying in book tack with the worde notion, and keeping it soth the following day, for another account.

duor. The Inspector saw the mate, and all of merchants connected with it, lo glance at addrese. Before proceeding to the law, sufficient funds P bie meer in, very often prime fact they will be taken to have received clearly said, was for the guidance of the Bank Limeslf, it appeared, is was

the bearer, At least they le sud it does not mean the cheque uue trane. | Bank in the evidence. His Trčahip went an

hands were mastered on will be so where they had no funds of the ferred. His Lordship went to observe to observe that there was a great difference in

First defendant said he hul bo questions to an infportant element of profit that is quietly, by which the jury would be guided from pat semorandam on the slip, instead of the is so agents

the bench, he would make some obser- rdinary memo. 'refer to drawer.'"

the sime. at the learned Comel pressed the point regard to the paying in of dollars and notes, na but surely, adding to the wealth of the tione pan-sotne portion of the evidenc His Lordship, I think be explained very drawers in their hands at

Becand defendant said he could snt see what far East, and which eventually will form ng which would tend to wake an impresstue bearly that if it was just a minute after three (Grant on Banking p. 57)-Bylee on Bills that it was a particular your to transfer bey only had to be shroffed or weighed, and a pat.

cbeque after business park, but the man would bejustified in drawing against them, inconsiderable source of income to those who un the Jury's mind that there bud been a height or might not do that for a person but also sets forth that it so bapper that the draw

er is the banker of the bolder, no promiss by itness said that this was not done in the risk of dollars and notes was one thing. he and to asawar fire yet, sad he was told he w negligence on re part of the bank; but there of the regular time. are intersted therein. We allade to local was zothing to show that they had not aced Mr. Haylar-Tee, precisely, that is what I the banker to pay will be implied from bia re respect to particular individuals. Troefore, if and the risk of a man's cheque another. His barged with a ding and assisting the two Inspector Stroud deposed to going on board Fire Insurance enterprise, and with the re, with due diligence. Anything with regard to say there is no practice. If the Bank has no ceiving it from the bold, and keeping it customer cume to the Bank he would not Lordship nonsidered Mr. Greig's a perfect exaoldiers in the last cuss to desert.

practice a uniform as to forte à austom, and till it bus fullen due, and then the nase transfer an acount, in deference to anyone. plaration of the distinction between paying in ports of the various Companies before us. It bia was therefore irrelevadal

His Lordabig-Quite Irrelevant.

hit into a contract, it is no use ut all. I put it,uf Boyd and Eperson is referred to as the paying in book came, according to the Jollers and notes and paying in cheques, the Britiah burk Inverdrate an executing is easy to glean from them a fact or twoj This Autorsky-Generi contioned arguing therefore, does not the sewer on that point, the leading authority. In Chitty on Bills, p. other evidence, at a quarter to 3, mud Pereira's Mr. Pereira's re-examination was then gone warrant, and apprehending the twe defendants, which, being a little disconnected with im-that, on the evidence of the plaintiffs them I very often," destroy whatever value there is 349, it was shuted a promise to pay cannot ovidence us that it came into his hands at through without special comment, and the ari-pointed out by P. O. Bond, when they denied mediato "čivideruits" or "bonuses," will gives Grybieg was too late with be cheque, in the practice of the bank? Does it not cease be interred from the circumstapes of rotain that times and he referred at once Symonds, descr of Mr. Mody, as to the time, we also read: all knowledge of the two soldiers be faced on know not that the two soldiers were ca bourd. even if he had done su Chatar, and gere himself to a practice at all P Now if you bave that,ing the cheque all night, and it is further He said he looked at the cluck when he gave The latter, bia Lordship aid was consistent board. The chief officer said also that he probably tuvo escaped the attention they to the bankere, aa Chater was there just Eve et consider the evidence given by the bank added, If during the retaining of the cheque the cheque to ymands, and the tinie was 2.45 with the other evidence on the point..

His Lordship then reviewed the evidence this morning be addressed a report of the descrre from a large portion of the com- minutes before. The back, therefore, could act itself as to the reaping. Pereira saya is like fands sufficient to pay it were to come in, ibe He stated also that the $11,000 was not appro

be blamed at all. The evidence of Mv. Grobien an ordinary chit book. Mr. Greig, who bas the Banker must apportion them to the pay-priated to the payment of that chequo; if, it gives by Konig, when reen led, saying that his desertion, and information of the wise coming munity.

was that he was at Melchers' office, and that be much greater experience, when he is asked, ment of that cheque, and, not to the liquidation would bare been entered in the Bank's books, not admitting the evidenco at first could not on this day, to the adjutant of the 80th Regi Firstly, then, bearing in mind the obvious received the ebeque at a quarter past two, and puts quite a different meaning, that "It will of a dabt. His Lordship, also referred to Grant He had no power to do so; and his burdship affect this case, though it was admissible on went. truism that a country, or a community, is then proceeded back to the office on some busi be put through with all despiteh." Now, there on bankers, p. 67: "If it were proved that the thought he might say this would be a strong the consideration that if the obeque bad not Mr. Saunders, vaher of court, said no officer the poorer for any drain upon its resourceses, and gave the outque to his compraturefore, between Mr. Greig and Mr. Pereira, there tanker had deliberately marked a cheque with power for a Banker's olerk to possess. His been drawn at 2.45 it could not have been or non-commisioned officer bad cous up to Wong-s-foong, the boatman who took the de- at bait-past 2, and if it took the compradore a is a very grave difference as to the meaning the word "accepted," or sen by the letter "A"Lordsbig entirely admitted that if a Banker presented.

His Lordehip then landed the questions to

to the fendants in this ouse and the last, dentared the or its pocket, from which na returer can be quarter of an hour to go to the Bank, that was and the object of the atip. If these two caror by his initiale or by the fuitials of the nanies put or other initists ou obeque, and it derived, let us calculate the sum which has consistent with the evidence, that is, the do not agree on tha, it is very impurtant, composing the fem, and it is shown that by the were shown to the usage or practice of the Counue! Refera subwitting them

plaintiffs' obeque did not get to the Bank till If they do not agree, how can the pablice F Let usage and custom of the firm to pay cheques firm to pay the cheques so marked, the jury, when after some discussion on ming nformation as in last and to be true, He honaretained in China Japan-for the Sa quertunt, and fortit start times inspect for be moved andrasulyed the murked, the bearer cold rover against the beurer could recover against the Bank, who

100 bad wide whether after the chight fir Firstbefendum id be a drunk, and P. C benefit of residenta thers since the establish was lost in delay in the Chinese department, meaning of Pereira'e answer that it was like banker, who, after och märking with the after suff marked cliequo refuse pointe, Mr. Haylier asked that the point pointed out the ship to the police. ment of the "Bougkeng" office in 1869, and it was taken into the banking department. signing an ordinary chit book. This maat knowledge of the bearer, refused to pay." This Of coures it would be so; but we were not to had been presented to them the Bank should not Nu. 4 pat-him into the boat, sad bad it not is would get there aftar Pereira but bean at his surely depend on what is in the obit. Sup. was the law of the abject with ane erception, imply a contract which becames expressed by have kept away in hand for the purpose been for him he would been drowned. The. and the "China" and Victoria" in 1870. Jest ball en bony, and was engaged in passing pusity was revives an invitation to dinner which be would note when he came to the noses resson of the words. Daly think of the cor- of meeting that ebeque. Mr. Hayllar urged constable set him or to the stepe and not the He was that drunk, he did to the end of the year 1871, when the exact through a heap of chit books. He says that on His initials mein nothing, and if the chit says count. die Lordship then addressed him to our power which Mr. Pereira, Banker's clerk; 16is way dearly the case note they had second defendant The second defendant bad,

"accept, or if you refuse, initial the book, the evidence of the different witnesses. Com would have. The learned Connel for the plain ascertained that Grabisz bad received notice of the bottle.

aot know who went off with. bius. Several oming to this obsque he took it immediately to

strangers came on board the ship, it was none Fosition and earnings of the Companies e bil teeper, and he says be knew the time the cuso is different. It thus entirely depends mencing with that of ir, Grobien, the tiffe, if he might as express it, blew botnud cold dishonour.

Hia Lordship asked for authority. was last ascertained. We find the result to be was 10 minutes to three, and that at that time upon the chit what is the meaning put upon the first witness for the plaintiffs, be said that the on this. He anid Mr. Pereira had been naly

Mr. Hayllar said he had put it to the jury of his business whe came ur wao went, in all ships strange faces come on board; when be that no less so amount than one million and he had already transferred Chitor's cheque. So elit book. Supposing, then, a man suda à oo. instractions he stated he gave to the compra four years in the Baub, and that Mr. Greig but when he came to the quietion of pattin

His Lordship said for the purposes of to-day was in the ship Mutlah a great number of nine thousand dollars, in round figures, has that even if plaintiff had takou a pony trap to rered envelope with a cheque, and requests the dore were no doubt to get the cheque paid. knew Banking kosiness much better than he, as a new point.

pase Chater, he could not have bave besu in-time. bank to credit his noecuar with it, the word. That might be inferred. Then we came to a

Secund derendant said he was drank, and heen saved from gravitating towards the en-There was, however, norace because Mr. Chater, in the chit buck will have just the same effest mark on the obeque, which be did not under the initials when the cheque might be for be rated against Mr. Hayilar, noting the point strangers same on board there. richment of strangers, apd has been either being a broker, and well acquainted with hows on this chit book, or on the margin of the stand nt that stage; but this became clear from $200,000 or $800,000, no matter, in fact, how formally as follows:

"For the purposes of to-day, I rule that the knew nothing of the affair.

The captain of the British bark Interdrais divideri amang, or invested by, shareholders things were masing, had his suspicione aroused, paying in book, What are the words that the evidence of the bankers. He went on large, be contende that thie Banker's clerk by

"Oredit to eny that had Mr. Grobien boen at putting his initials could make the Bank liable. Bank was not bound to appropriate sny money and knew there was reason to rush to the bank accompanies it? The words are::

when the document was rels Lordship thought the day would also which came to their hands after they had re. said he knew nothing of the affair till be weat vu board at 12, midnight. The defendants were in these parts. The anionat named repres to get big cheque cashed; whereas Mr. Grobien, account of Sunders & Co." If the eloque were his office

Dot there, what do the initials mean? Noceived back from the Bank, be might have take into consideration but we knew was the tarned the plaintifs cheque diskousured."

nut of bis ship without leave. Benta premia collected, minus losses, and perfectly unsuspicious, passed his only in the

Mr. Haylar then moved us follows: "It was

'Defendanta were told by Mr. F. W. Mitchell regular course of busines The learned thing. But if the obeque is there, and they had recourse to Kraig, and prevented the $1,100 custom here with regard to chits in bocka. Per claims settled, and the commission of 10 ponat merely maxtigned thle to show there keep it and initial the paying in book, it being puid in to the Bank. Coming to the plo, did not answer them in a moment, but pat not open to the Bank to pay any cheques after

· cent. which would, under other circumstances, bad been no Lardebip. It was not the

statement that he left the obeque with the their initists in the bucks. If a man received 3 o'clock until they had severtained that Mr. their casa required a fell bench of magistrates His Lordship-Tent argument comes to Bank, bis Lardahip observed that this did not an invitation and did this, it did not mean that Grabein had received notice of the dishonour of to sit on it, consequently he was swisted by. hare accrued to the agents of those Eu- that he had sent bis dheque ia in the morning

only meant that the bis chegae, and anti be bad had reusable time the Hon. I. May. And & justice of the peace, the Captain Superintendant of Police, therefore ropean Compasies who would have obtained ind been put aside, the impression which it this Will you credit my account?" The wonke the Bank a bit more responsible than if he had accepted it.

it had been returned to him; and respecting his note would be attended to within a reasonable to refer to drawer,"

been misutely considered, statement that it was later than a quarter past time. do far as the point was a question of In the discussion of the clans, Mr. Hayllar cir case had the business. When it is horne in mind stewed intended to wake, because it was en- Bank says: "I will do it. Would that re

deavoured to prove the time at which both quire a ramp?

thew, they alap would that this eaving has been achieved by the abcques were paid.

Mr. Gayllar-Tharcia nothing in the stamp two and he looked at the clock tower, ho obsery law, his Lordship was called upon to give bis also took exception tothewird simple in due and had any one some before them for His Lordabip said the case was ons of those laws, which will touch the question.

ed stove was nottring extraordinary in his doing opinion, and he said, "I wasply say I have not in the passage simple delivery of that instructing

ed. Desection in the colony at present wa working of one office for three years, and

very common cases where one of two innoceas His Lordship-No, but whoever supposed 80, considering the amount he had at stake. His the slightest docht. Of course, if you prove the cheque, &arging it should be only "de punished se they were about to be punith- of the other two office for less than two parties has to safer ihrough the fault of a such a dvoument required a stamp?

statement was that the cheque was given to customs of the Bank-if Mr. Bayllar had put livery" but the suggestion was not acceded to Mr. Hayllar then grated from the case of him at a quarter past two, that he caste book to a witnese into the bos on Bankers roles of the The questions were then anbmitted to the very rife, and it onst be put down by every years, acthing more satisfactory could be bird.

The Attorney-General addressed the Jury Boyd and Emeroon, to show that after deliver the office, and that soonpied a quarter of an regulations of this particular Bank, in regard jury as follows, his Lordship observing that as posible means, oopsequely all siders must be well desited. It is true that if the results further on the facta, contending that the ori-ing a cheque, and saying: Cash me this obeque, bour, which brought the sims to half-past two. to the paring in bok being returned with the Mr. Hayllar admitted for the defendanta on severely panished. The sentence the Caart in- of the old "China," add the former" Hong-dence was conclusive that Grobien's sheque did or give me credit, the holder must have a The next witness's evidence, that of Reizsan initials A.A.P. or of the cashier of the Bank, the first, and anbject to bis Lordship's reling, posed on them to a fine of 2100 rasa, in defasit,

Defendente baving se money, went to gaol kong" Companies were taken in conjunction aut renon the officetill after Chater's had been distinct newer, adding: What is this, but a (token de bene esse), was gone through. His we should not have besa here. I do not think, on the third question, the verdict would be only six mouths hard labor.

L-Was a cheque for $21,039.4 denwn by with the above calculations, the results would transferred and disposed of. The next question, distinct answer? Through the initials which statement was te observed the time was shoot 3, if you look at the ass, it was for one moment on tise second and last.

Mr. Layliar: wanted to put bim into the box Konig in favor of the plaintifs delivered, to Sung-kit-cheong, a broker in the cobey, be comparatively less gratifying, hut such stud, was und of mixed is and at, name, I see, the bunker sent to do so. Its but with persons who spoke as to time there was supposed by the plaintif blouself "

ly, the contention that the initials of Mr. admitted to be so in part of this, and room for margin which must be taken into consi

gether with the paying in, book of the Hong-summoned the ticket collector at the Eo-sbing in there between obeques deration in connection with the airazmetanoes, upon the point. conjunction would hardly be fair, as it may Pereira in the paying in book made the bask what afferetos

His Lordsbip-Of course I could not have kong and Shanghai-Bank, by the plaintiffs' theatre, for nasulting him on the 18th instant responsible for this, and all other cheques ao drawn on the sate bank and notes and dollars? and Reimann's evidenca must be taken in con-

time in extracting bis ticket from his purse be reasonably concluded that the present signed for. He pat initials in this way cot None, because it is necessary only to refer to the nection with the other testimony sa to the time allowed that. My reason was that I failed to shroff on the 31st January last, and at what at the door of the theatre, beste he was a long efficient mess of extinguishing fros, and only for cheques on the Hongkong Bank,urrent account ledger, which takes a minute. the sheque arrived at the Bank. Fassing to ace what possible mode of determining the bour P

11.-If o, and baving regard to the relations the door,

Complainant said he was puabed down, and thereby precluding the greater risks of loss, but on those of ather banks, and it was It would not take so long to refer to the ledger Chow-a-kee's evidence, as to taking the cheque at question could be found in the fact of the plain

us to shroff's Bank Botca. There is therefore no batf-past two, his Lordship observed that people ciff thinking so and so. I am speaking of bis of banking whleb aro in evidence before you, are which were instituted, and is a great we going too far to ask the Jury to say

the doing as he made bbal in

that cheque to the Bank, the Bank nodertook severely..

This was ocrroborated by Les-long, & mer. sure are maintained, by the local offices, have responsible, or that they meant wors than the hardship upon the bank in making this the might without intention make mistakes ei auch subsequent conduct, which did not at all show you of opinion that by the simple delivery of struck with a bamboo stool by defendant váry

to allow and give credit to the plaintiff for the hard tir, very

on the client. Supposing this remark applied equally to the other wit

chunt from Custon, who secompained him, and amount of the cheque P had the effect of terminating the occurrence defendants said, namely, that they should be put interpretation; but the p:ber interpretation Dulat, and he wished it to be understood that that he though: "AAP" meant "sacepted."

noslee. He did not think that the mave at 0004 Kova away after paying

III-If you answer the last question in the gave evidence of seeing complainant pat his of euch great conflagrations as those that through with despatch. There was anotherbe

point. No doubt according to the law of thinking all was proper, would that be any could be pet stronger for the plaintiffs then caused the severe losses experianced by the agency, whatever an agent did within the scope negligence on bis pari P The learned Conner that the cheque arrived at a quarter to three. what he did, his action cannot be called in negative, do you consider that the initiala hand into bis pocket to produce bis taket, but "A. A. P." on the counterfoil of the paying in the defendant pushed bim down, Complainant old Companies, and caused an era to dawn of bis authority was binding on bis principal, put it to at the eiren stauous showed that when According to this witnem's evidence, he was gestion, and I submit with great deference to

the plaintif for the amount of the cheque ? up the defeudant struck him across the eye-brow from the counocnecment of which new data but to say that Pereira bad any authority to Pereira pat the initial on, he thought there there half an hour,and he brought back the book your Lordship it out hardly form the subject book, the Bank undertook to give credit. to asked bin for time to get it out. When be got

put initiale which would be the binding on were sufficient funds in the Bark; and as at a quarter past thre. Coining to Kenig' evi of allusion,

IV.Was there an amount suficient, to moet with a stoel. He then came away and got a saun- must be applied.--

His Lordship-I donbted the wisdom of the bank, would be a monstrous proposition proving this, he pointed ent that it was very dence, bis Lordship said that beture col.

In answer to defondant, witness grid he was The importance of the subject under motive Regarding the letter" "it was fully explained unlikely he would pat on the T," meaning coing on this evideges, be would remark that bringing thist inutter before the Court, bat Karaig's cheque in favour of the plaintife at mos

Buy time standing to the credit of Kannig in the in the evidence, and the bank could not be transfer," before he had ascertained whether although heappeared in ufelan's garb, the Jury cannot be ever-estimated, and it is satisfac fired with a liability in regard to it, as there must the bank wruid desi with the cheque ut alt abould, remomber that troth was troth from that was not a matter for me. I say this: 0.

stances of the case ought to bare been appro tiskel priated by the Bunk to the payment of the Defendant said he was lounging back in tory that there are means of local investment be two persona to a contract, and a consensus and might have to retira it, and as he stated whatever source it came, but on the other hand far as the evidence bad gone, I rejected Bank; which, having regard to the oironan-itting on a bamboɔ stool when he asked forbis a large rattan chair in the ticket room. The cheque? open to all classes which may well be supy batween them. The learned gentlemau re- afterwards, discover Lais, and have to orage the they bud to take into consideration whether in that evidence on grounds perfectly satis Any matter of doubt they would place more refactory to myself. As I ara bere to determine

whether evidence is admissible or not, I now The jury attor retiring for ten minutes, re ticket oollooper at the gate asked complaint ported, and which few individuals are inferred to the entes already cited, and argued on the bueis of Lord Deaman's dictum, that' it was

His Lordship ökoted that this apposition asce upon, a chau in such a position or po tell you that on the evidence, I am perfoot tormed a vn«niması verdict, answering "Yes" for his tickel, when complainant said to bim

vas in a reapsotable poaltion in life. Coming capable of assisting to some extent Such necessary in order to make the bank respon was contrary to the evidence of the whole of to the account. bis Lordship commented upon satisfet that it does not show that the plaintiff to the first question, and No to the resin-You know ; I will settle bye und bye." He made answer there is the ticket alale, you can get co-operation among trades and communities sible for a cheque an chimed that it should not the officers of the bank, that the had any the rijection which the Attorney General took thought that A. A P." meant the Bank was ing three-fe, for the detendusts.

ticket, and cannot pan with patoma He then at home have given rise to the formation of merely be art, but that the bolder should go each meaning.

to the evidenca as to the time the cheques were responsible.

picked up a tebec scoal and etnok biur (the to the bank and sek: "Will you pay that f

Continuing his comments on the evidence, Mr. Hayllar said he did not put it that it was raste, and observed that as the witness a

Thirty pracus were roountly poisoned at defendant) braising his thigh, some of the strongest and most respected of-in fact, do as Chater did. If bere were a signature, but wished to draw inferences from recalled for this, it had not affected the merits his Lordship observed that be bed already and

Elis Werabip romarked that it was not pro- the Insurance Companies there, at times when comes banker, the bolder must similarly go the fact that it was pat on the cheque.

of the case. Passing to the evidence of Periera, it did not appear that Kanig bimself bad - Coral, Mich., eating mimagva. That's what and ask whether they oan transfor, not simply exceptional losace or some caprice on the part tell them" place this to my credit" be does

His Lordship-How can you say that it was the Judgy obserred that something had beon derstood that the $11,000 were to be appropri- comes of loving the brass collare on the dogs. bable that a respectable Chinese would attempt A young lady teacher in Lawrence, Mas to force his way into a theatre without a tipet said about the $11,000 being put in of necessity ated; and he could not see bow is was money

Sunday-school caught a toy mailing on a Sun-of snob little rainé. The fact was, he would not of established offices have caused them to the latter, the bank is only called upon to use pat on as such gantare?

Mr. Hayllar-I can only put my interprets to meet the cheque; bot what Konig bad said bad and received.

The Attorney-General bere asked permission day. Said she: What are you smiling ative bin time to pull out his ticket.

Defendant was fined in the sum of $5. impose excessive rates. And this Erings un ordinary diligence, but bars a whole day to

Jobnay "Nothing, won," was the answer, local Companies reports, viz., the economy of a question of law, which would be laid down by in reference to bis Lordship's question Nomes Sundors choque. It was important also the Oasrts took judicial notice of what are Bank I know better, and the tougher, severely; The learned Counsel went on to argue that to notice sa regarded the cheque paid to Chater, ing hours only in the City of London. What are "now tell me what it was Jonuny looked

They're stopped giving the exact ages of the insuring with them. Of course much the Beach.

His Lordship Whether there was or was the Hongkong & Shanghai Bank being the that Kung's abjection was to the $5,500 paid bours in provincial towns, do, mnat be proved frightened as be stutteringly said. "I-It-sea more extended period than that during not notice of dialetour is a fact, but what is bapters of Orobien, the cheque was on the to Eabisson; not to the womnt paid to Chater, in each epso (Geraut page 47); IT was material yer newspapers sticking out, mats. The uld women out West, and merely mention that which they have existed. would-be pecesary due and ruficient potipe" a question of puthority at Boyd and Emerson received He said, "we can let fais stand over till next to this case, it could only be proved by what had teacher set down suddenly and arranged things, Mrs, Soand-so bass son past 93 recri old.

trade of China, and the severe lusses that wiled to the jury, which were provisiónally cheque is sent back with then you sent bank'a receiving the theque without observa- was to go to a certain acasant, and not to go to knew of the customs of ether Banks, soldiers in the last case in the forecastle. Thore

case menss-

Buck

Mr Haylar.I meant to show what he did. His Lordabir And I would not allow you.. My. Hayllar. If I was not allowed, to show

....

face to face with another fact revealed by the certain whether they have proper funda. Aation of ile being put there to the Jury. It was: there must be funds now that I have paid

regarded the notice of diulioueur, that was spemed to him a most important point in 811,000. Be did not may be paid is la to to call his Lordship'a attention to the fact that

court to watch the use.

ASSAULT.

be