1888-03-07 — Page 7

claim commission.

The telegram, which was put in, was dated 22nd September, and goknowledged receipt of effer of $14,000 for the steater, and authorised Captain Scott to focopt this effor.]

Mr. Wotton Did you mot know that this glo wie affected when you made your offer for Mr. McGregor Smith's share --No, it was only so offer. There's mouy a slip 'twixt the-day the lip."

Doos Mr. Smith know that you hold it for that amount I suppoes ao. His power of attorney was here, and I inppose he was told. Besides Me. Smith still owes my about $1000 in suns Here you ever told Me Swith that at the time you purchased his shors for $3,700 you hal an offer for the stemmer of $12,000 --I don't know where he is.

zection with this affair.

Are you going to tell him Certhings. When When Captain, Scott rendore me his ADEGUNTE,

But as managing owner, when yen sold the

MAIL SUPPLEMENT TO THE "HONGKONG DAILY PRR3S” MAROHI 7rs-1883.

5th March.

***

IN SUMMARY JURISDICTION.

BEFORE Mr. A. J. LEATH, ACTING, PUISNE JUDGE.

PTHAN V. GOTT. The hearing of this sait as resumed. Mr. Wobber appeared for the plaintiff, and Mr. Wotton for tho defendant.

His Lordship Not in the absence of any agreement:

Mr. Webber said that there was no evidence of such agreement. The fact of Mr. Pitman having sent to him and told him after the vera) was sold that if he returned to Hongkong and could bring back any orders with him, he would give lúm a commission, showed that there was n passibility of his not returning. He wonid sek his Lordship at least to give judgment for his client for the return of the passage money and the half-month's wakes.

·CORRESPONDENCE.

“We do not hold ourssivos rekonalista for the opinioas expressed by our Correspondantë!)

FEVER IN HONGKONG AND ITS

CAUSEST

- Roan

D

been carried out during the last two years, und

think this is more than probable,

In connection with this subjbel, I may stato that during the whole time we wary engaged upon the following extensiva reclamations and other works, on which many thousduls of persons were employer-little or no favor go-

red unong bits coalies-all fo excavations for hink worn in the disintegratori granite or red earth—viz., the roolamafien ol gemad at Quarry Bay for the Talkoo Saga Belinery: filling in the foreshore at Kowloon hotstorn the loyal Naval Yard and Tsim Tsa-teni Wharf; the Admiralty Dook, Hug-haw and the extasiye reclamations at Kennedy-town and Caseway Bay.

I am of courses awtien at the guest mortality 100g the troops sition at Rowlesa in tho

I did not reply, to lit. Thapita my prifers pat-tain Booit had been engaged hero, and if dis- which was walvablonad was waived, fourth, that suitable for this gamel aul for this taxiusustion; ] maintained that this was not an not of exporta-whoso evalence, the Court had to rely upon to incur further liabilities, hoci Ho wrwto a oharged in a foreign port he was waited debe sootions Lorand 13 must be read with sortion that wo dál not mention the sampan, cto, but Lína. If 15 wow an act of exportation, then be agathat list of Captain Scott Capt. Scott had lettor to me, in which he said that the liabilities brought back to the port in which he was on. 19, and there was no avidson that the statement practically tint was an cuisine which was arguedthat the provision of the Orilinneenniler of gourse (fone is best to confutain his position would be under $1,000. Te then write another god. If bis Lordship examined the dezea was incorrect to the knowledge of the appellant wired is contruded that giving lic part which the convictim took place we merely disine to the agreement between him and she plain- letter, in which ho suit they would be andar pontanos gut is he would see that Captain Brett us required by section 10: ifth, the appellant was suficient bondoration of the Now, reetery wid not imperative, and that the parties so far as di firal two items wore doucerne I $2,000, and firally sent a telegram in which had performed ouster of datios which were was not one of the loss of persons roferred in the first place the tofmit bad acting what rested and a right to dispones with for and he claimed the third as amply fair runar said thaoy were $5,800, and prossing for insedinte really those of an agent, and considering that to in voction 101 appentod from the deposito do with this not. What was it that the politics, was long by the Superintendent and Intion for the work he had done outside thongres remittance. This son was sent to him. We the commission allowed by the Chamber of Comtien that Qoan Wun Shing made everal Opium Farmer waived and what was his know the outager of the Oplam Fann.

ment Hy, sebaitton that he was fully culitled

TO THE TON OF THE "DAILY FCESS." thon Found that after paying himself commin merca was five per cont, be thought his charge applications in the form to be allowed to okport ledge of the irregularities that were being in- The Chief Justice said the Court would take to the whole three items if not to moro

Mr. Wobbor sold his friend"bad alfailed at B16,-Having refervod in your leader of pastes siou, half a month's oxita wages, passage moneybol of three-parent, was roryuu It was thirty-two chosts of bittm, anil gotpornimion to trudanod? In those with form D time to comdar ils julgmót. With regard Hongkong, and heavy mediul expenses an agrement distinctly made between the two to do so. Bofer exporting the desired to go appeared that the praiseion to export opin to the opinas, he bat oorfally throught it was some length to the pacobass of the half-shree day to parth-cutting as a probablo canso of the ho had $200 too much, and this was paid back parties that he should have this commission. A to the Customs bulk ont pay the states the quind that the quantity should be specifod, quite froc. Hokes Chinoso sometimes when from Mr. Keswick after the offer for $12,000 to epidemic of fover is the Western District, I into the Bank. The accounts Captain Santt for to the question of wages, Captain Beatt remained Ho mado'a scoord oppostion according to the tho roarks given, a curtain Runbur spoofed, and thy got aturity leal tu pay commission for it. ha bu mads for las ahip. This was net mason be glad it you will kindly allow me to warded me were very irregular and contained at Penang till the 15th October congnged in lulugo of the Opini Farmer by stamping for the dank mentioned. It had been customary If there was anything of that sort hero the terial to the case, but he thought it was only fair make the following romarie, un this and other some very important mistakes. I got the neoanta Battling affales congested with the steamr, and and in answer to this was int back according to M, Bath's evidence to write norosa opium ought to be released at once..

In answer it. When the telegram catie from nets in section with it, as they may possi in October, 1687, and Captain Bott como to he maintained that he was perfectly entitled to stamped form D For tho convenienes of the face of its permit the words with permis

Captain Boett showing that the ship was in interest you and worn of your roulers. I may 3rd March, Canton to so me in the middle of November be paid for that period.

the office these two applicatiowa were physio sion to take to the Close Castoms Station.":

diffinitios, $1300 was homediately sout down tea that I purposed mentioning them when be That was the first time I saw him after the saler. David Scott the defendourt, said-I am a masterally made one. The Court would observe that His Lordship-The point is that you allowed

Crown CASE RISERVED.

him Ly Me Pitman, Mr. Pitman was already or the Commissioners, but was not allowed aa I told him he was being treated liberally by mariner of nine years standing bare kaowa the application was made and permission granted it to be dono The question 12, if you allowed it

owner of half of the ship, so that of the 312,000 Prunity of doing so. The remarks are BEFORE TAL FULL COULT

Me. Pitman ovuld Already olsim $8,000, and and that what he had done was only within his plaintiff since 1885. I was then in without any condition whatever, Te this galal doos ik lie in you to kimen kound and say you dil

based on my own personal observations as an e17- duties as a servant, and that it was impossible and of the termer Milion, of which he was they had the evidence of Communion Rarusoy, not.

his offer therefors to purchase Mr. Keswick'sinor and a long raitant in the above District. The Attornay-Grural aid he wenk for me to pay hin the commission and wages then the registered ownor. The Millon was M Cordoiro, Mr. Sole and Yao Ming. Com

Bata v, Kwoit Acusaro for $1,700 was made in perfectly good the. Ferer Comisioners, I vantare in think

Withagh anticipating in any way the Report of................. aftor the ship was sold. I told him I would sell in Perang by Messrs. Tenant & Co., the mander Rosey and be gare the permit by that foal with the etion if waived. He Mr. Robinson, instructed by Messrs. Wotton faith. With regard to the teens, songh in hare to got the accounts audited and prossut agente I was then the Captain, and assisted sinupuntor tha invasion' hat the opit would pointed out that schedule D. wis and Deacon appeared for the appellant. The Lordship noemed ther against his on the the cause of the late pitomie of fover will be found in ons it not. 1 of the following thom 14 my co-owner. Cantin, Bott; then them cuistderably in the eals Elevy emerged he carved to the built in the junk ndined in por form of permit to export specified opinn Aftorney-General (flex. B. L. O'Malley) appoint of the commission, be submitted that da borrowed the ship's account book and has refusal ve por cont, commission, but they noter got it. mit D d by a spruided junk to a specified placo. Ta pead for the Crown.

fendant had no right to any coeymission. If, to return it. The aew of the Mary Aselin I was in Penang attending the nady-

1-Earth Catling... Alint The Acting Chief Fration anid, as he under that had been singit the words "With permission The appaltant was charged at the Criminal however, his Lordship canio to the conclusion

2.-The wet marahy patelus of ground in cers were paid of on the 1st October. The Captain vossal in Gotober, 1885, and after she was sold stood the case, seven permits were given torty to take to the Chinese Custom Sistion." This Sesions with the larcony of corinin goods, and that this bail been special agrement made was alea prid up to thst date, and he luis since was appoint sit by telegram to take charge of the the opium in seven diferent vessels, and instond words wore worthless if separated from the per- also with unlawially receiving the saun know and that defendant was entitled to the ton at the cit

In the defective and Inalligioni nowers and”; crosived Inlf a month's sndary, which I ain now: Mary Austin. I went to Singapore, where she of doing so, ther placed the whole in one vosolmit itself, and all it amonated to was that the ing them to hare boos stola. To was convict commission, he would ask his Lordship whe

bonidrains: suing for. According to the log, which I s was, to take olurge of her, but the agents there Mr. Robinson asid Commandor Bunsoy gave junk mentioned was to be allowed to divergsted on the latter count. The Acting Chief Jos-ther he thought tho claim for the half month's

I think it will be generally builted that the produce, delivered to me as osonging owner by refused to acknowlego Mr. Pittaan'e authority, no specifie evidence to that effect. His evidenco the Customs Station.

tico, before whom the ease was 6170d, instructed salary sa foir or reasonable one. 11 Captais Scott, here is on the lat October en, at once.came to Hongkong to ass M. Pitman, on that point was that ho and simply continued The Chief Justice said that on the evidence the jury this retent possession, was presumptive Captain Soott was entitled to commission for exhalations from so kinds of newly turn entry in his owe Tuandwriting of the sale of the and after keeping me waiting for about seven a practice already in force. This practice was beforethem it was obviously common sense that it evidence of unlawfully receiving as well as of selling the ship is was not entitled to ages for ap earth and marshy ses do case sala skip to Meara Ban Hok Ho and Company, He days begavame the latter of appointment already originatod mid introduced by Mr. Beth, the pro was intended to be benet back again. Mr. stealing. At the request of Mr. Robinson doing the same work. In the account put in the risl torer, but not all. The soil in this des then went on a vaynga for the new owners, put in, the power of attorney, and a letter to the Tins Superintendent of Importa and imports. Sobh Lad gives a clear and straightforward the defendant's coongal, this paint was to olsim was for half a month's endary, but since fony, shioh, in my opinion, caso pre malarial and on the 5th October there is an entry to the Barbour Master at Singapore. Mr. Pitaan Mr. Soth said be adopted this practice with the seat of what the praction was; be said the carved, and now come on for argamaut

coming into Court he had made out, assisted by fever, is the top stratum of productive soil-ovor. effect that he had loft the ship on nosount of sent me with letter to Messrs. Sassoon & Co.'s full knowledge and consent of the Opiara Farmer opium might be lumgiod, nod was lumpril, and

Mr. Robinson cited a number of authorities in the Ingenuity of tils Counsel, that the claiming thin disintegrated granite and red ourth. I herfth and that another Explain was appointed to at a passngs on his account. After good and that this form "C" was first used Bubs the Opium Fuver knew it was

support of his contention, and argued that was not for wages but the exponses of board, foel pretty parlait in my own mind, for reasons by the cwners, Meurs Barr Ho Ho and Contest of twolde I get that passage. On arriving quently, for omvenience, he substituted the stamp, The Attorney Foncrai said there was nothing recent possession was duly uridice in a case of &o, in Penang Tho lagal point was, and statul rifter, then neither as diniute Buy. He had no right to any wages, so far us at Singapore I showed my letter of appointment, chen, or die, and be then went on to state the on the fooo of ty document to skarnt theopiumth and hateschore-the-wooded proved that he did not think it natssary to quata any grated granite or the red sarth are the cause of I am concornod, after the 1st October. The hits and was allowed to take charge of the vessel object and avope of the portis granted mentional might belomped with other optum was not the thick he was entitled to an acquittal anthonity to lug Lordanig, who the sup was soft for top wil bocoran is absorbent of of sale wars sont to him a master of my bip Previous to any departure, Mr. Jitzusu agroad. The object was to meet the conventonco of slip taket in any other vessel thu that mentioned. Ta the progent case, ho arged, the prisoner being defendant's wagas viewed. He thought oueatur: it is for all over the islan, on the Io was a pick sorvant of mins, and could not to allow me $50 per month, inclusive of mess pors, and that they might take the spin to the How wore lay to gather the extent of the cargo boatman, the presumption that he to weight should be given to the fact that after the bill silos, and in hollows sort pleds near streams expensad. Mr. Pitman told me at the time of holk and bring it back to the junk. Mr. Seth said Opian Farmer's allegosesent F The document coived them in the ordinary course of his business transfer of the vessel had been made to the new and watercourse, mul is generally wovered with Cruxamined by Mr. Wolton-I have lind my going to Singapore that if I could sell the that the stamp allowed the opium to be carried in was load before his representative who put was stronger than the prosumption that her owners Captain Sonit main a voyage in her, and ryptogamic volutation, so forma, monos, at least ono bundred musters in my employ since ressal down there he would allow me three per any boat to the Jiulk, and in auswer to Mr. Wotton his chop on it and all by gave his assent to was coined them knowing them to have been stolen although he said he got nothing for that voyage, lichens, fringi, & in depli from a few I have been-shipowner. It has always been cort, on the proceeds of the ale. On arriving he said that eventually the opinia would be put on what he saw before him. He gave bis aesent la The Acting Chiaf Justice said Mr. Robinson he had admitted he bapected to do so, and there inches to three or four feet, and is found in "pot ing desire and practice to treat them liborally at Singapora I Foned the vel in a very board certain jouk. It was perfectly clear that what might be properly and legally done under at the trial urged the latter point very strong could be no doubt that Captain Scott would make eles, azel is generally covered with rotton of I had the greatest confidence in Captain Scott neglected state. Her machinery, boilers, and Commander Rusoy simply coutinned the outh form so abopped. What Mr. Seth's inter-le on the icy, but they returaeda verdict his arrangements before hand. He was clearly oying vegetation. When once through this when I placed him in charge of toy ship. From everything wore in a ruinous condition. Theres tom already in existones, and also plear that it tion was affected no one. The parties get a per- against the defendant.

not anticlad to claim hoth the commission as soil boweyer, into the disintegrated granitu or many things which have reached me anos, was neither chief mate nor second mats on board, was the custom la estry opiam to the hulk in | mit which was vuobjectionable and they had

Withunt calling upon the Attornor-General agent and wages se master. As to the questioned earth I 25 not think muy danger need be

Leared. from his treatment of me, and his rendering of From the time I took command I ran the vessel any boat and bring it back to the junk. The used it fu a manner which would ouable tea to to raply, the Court dismissed. Mr. Fobinson's of passage money, captain Scott signed articles his sessants, that confulunes lins bon-catsidar with ning deck handa, one Encopeau engineer, a solicitor for the respondent had tried before to cheat the Opin Farmor. In did not say they appileation and uphold the conviction.

is renerally thought thad song, but not all, at Fouang, and be was therefore entitled to be ably shaken. Kongaged Captain Scott becanes Chinese assistant engineer, and Ave fremen. Magistrats to depreciate the grilotice of his own had done or intended to do so, but it would open

discharged in Penang. le certainly could act the reduta in the district any have got the he had asked me to toploy him sororal times. The work thrown upon myself and European witness, Mr. Cordeiro, by asking him that if the the door to a system under which the Opinm

invor froin the warly turned up queth in cor claim to be brought back to Hongkong. Provious to his departare to Singapore I told engineer was very great. We were running opium was to be shipped must it badonain a vessel Farm would be andermined. It was essential

action with the building of the now villis and the supeizanlion of the "new rouls, which have him that if he get a good offer for the ship I ander charter for some time, and I had ont named in the permit. But in this case the opin the Court should determine the extent of the was willing to sell her. I percbased Mr. Smith's side my duties as captain a great deal of dorres was not being shipped, it was being cried to the waiver, and that must be done on the words shara at the end of Septembar, 1887, for $3,700 pondence with Mr. Pitman to attend to. When uls. Although the prosecution had had full appor With permission to take to the Chine The vessel was not sold at that time I do not arrived in Singapore the ship was indebted to tunity, they did not produce one single permit to Customs." If lo hard allowed a convenient think the entrant was signed at that time I the mum of $1,600 to Meesra. W. E. Scott & carry opium to the bulk with the name of tho parti- praotico up to that point it was hot to be de remom barscuding the telegram handed to me Co for money advanced to the ship for bees onlar boat marked co it, sud further they had not strolabel against him to cover an sot of to Caplain Scott,

sarios. I told Mr. Pitman of this. I had not roatured to put the Opinn Farmer into the an entirely different character, which was what such a large amount of work at first, but to box. Ho tight remark that there halben a wns complain of in the present instance. wards the end of the charter I wrote to want of frankness and candoar on behalf of the What bad born dono was to take the opiam in great many persons to try and effort the Opinn Farmor. He went to Mr. Lister and cem other quantities than those specified, without any The examination of Mr. Scott by Mr. Wotton sale. I had also to keep Mr. Pitman thoroughly plained of his ignorance of the practic, Had check, in other vessels not named in any document was continued. The witness said-I charged posted In what I was doing. Masars. Scott & bo plainly made a sintement of the facts to Mr. fu existence. But assuming the waiver wassons wages from the 1st to the 15th October. As a His Lordship said he fought he saw his way Co osed to be the agente for Mr. Pilau in Lister, Mr. Listor would certainly never love thing more than he contended it was that the matter of foot I was engaged in conducting the to desido this case at one as he had had an August, 1887. They had received the sharts advised him to go to law, at any rate without Opian Farmar bad given away his rights of ship's business till the 23rd October, Had the opportunity since the last hearing of the case of mouery for the current month, and out of that reference to the Superintendent of imparts and pervision at the instigation and suggestion of papons from Honkong come down gocar I reading over the evidence and the whole of the they paid themselves and sent the balanse, $70 Exports. The lasmod consel than gnotexl Lr. Satha, still be contended it would not inter-cault have loft stones. The papers arrivet en correspondence. The plaintiff claimed to re. Was there any slip in this case ?—No,

to the. That was $400 short of what was authorities on the points of law raised. In fore with the legality of the conviction in this the 17th or 18th October, They wars in Mr. cover what defendant had already paid himself, And at the time yonbought Mr. Smith'sabon required to pay the ship's dues. That money I conclusion, Mr. Robinson sail even suppon casa. If the provision of law under which the Ewune's name and as we had no means of knew.comision to the amount of $380, calentated at for 83-700 you had sold the vessel for $12.000P drow in advance from the charterers on acounting that there lisd been any violation of the Orconviction took place was an imperativo prding how Mr. Ewens became registered owner of three per cont. on $12000, the preconds of enely days of the Colony. On enquiry, however,

No, I had not, I had only no offer.

of the next month's charter money. After dinnuca, the appellant was perfectly ignorant rision and not aerely a directory provision, no thu vassel, there were some diffenting with the the sin of the Mary Muslin in the Straite into the circumstines it was found that the paying themselys Messra, Scott & Co, wrote to that he was committing any offenco. He won antuant of waiver on the part of privata indivi- lawgara. For the seventeen days in Penate Settlements; his passage from Singapore le troops were badly housed, and the levelling and to and told me that they would no longer at 28 simply carrying out a practice which was sang dala and possibly affect it. The Opium my board and carriage hire amounted to $82 Tongkour mounting to 305; and 3 for wages forming the site for the barracks and parade agents for the ship. I telegraphed this to Mr. tioned by the Superintendent of Imports and Ordinance was not a privalo or quasi-private Aldagh engaged to the 23rd of the mouth, I from the 1st October to the 16th. The facts of gegund was being ersici eu, thu bapa në pens Pitma Me Pitman wrote to me that he can. Exports. If age had noted contrary to the suc" het, but was a publis Act concised in the only charger for half a month.

the case appeared shortly to be that is Nove-fire alportant soil bir firmad verabout sidered the ageots were not advancing the tion of the Ordinanco so had the other, and they pullių atorest and not in the interest of may Crosa axarsined by Mr. Wabber-My Best bor, 1886, Captain Sonte was appointed to the hat time.

As already statel bolero The Compuissioners,, interests of the ship, and he did not care whether might just as well have put the Superintendent partiendar Farmer. Its object was to protect conversation with the paintiff about selling the command of the Man Austin. He was then in they gase up the agency or not. He said he in the dock with the appellant used five on the powers necessary to constitute a Farm. The ship was in Novenilor, 1895. I was then going Puting, sud owing to some dilleulties onalare are several marshy plces in the Western - did not intend to appoint any other agents, and victed him as particepa erimists,

learned nouusel quoted from Wallace on Statutes down to take chargo of the Mary Austin. I not take command. He came up to Hongkong District, whery water, after heavy asked me to do the best I could for him and the.

The Attorney-General, in replying said lie in support of his contention that the form of took command of her on the 20th November, and returned armed with curtain letters and rains stands in pools fill it either per ship. My datics then wore theme of an agent thought it would be convenient to follow mebaduse D to the Ordinance was an absoluta 1966 From that time-fill October 1887, no power of attorney. Bafore leaving he had palates away or is evaporated. The worst. in sedition to those as master of the ship. As the line of argoment taken by the boun- and not a directory provision, and that permite mention was made by myself or Fitman conversation with Mr. Piima, in which Mr. plico, however, has not bou referred to by toh I advanced money to the extent of $1,787 sel for the appellant and address isolf conta therefore my ba gracted in the express about commission on the sale of the ship. When Pitauon told him to be very careful how he ran the Commissioners, and that is the one be for the ship's requirants, and previous to the five points raised by him. flis Jonrue terms of that schedule. With reference to his I wrote the lottar in which the passage cours the ship, to lay her up rather than run ber at a low the No. 1 Tank at Dr. Layor's hon. I ship for $12,000, should you got heva-informed to the sale boug completed I deposited-81,800 friend, havover, before proceding to coal with friend woubation that section 19 of the OrdinTay sure you will be willing to plow my the loss, and if he could unro a good ofiar to sell have noticed this place almost daily for years your co-owner of the fact before afering lile in the Bauk as a personal security that chess points made some observations with reforce must be road with metion 10, ho contended things per coat, commision and any passage to her. Captain Scott swers positively that plain. past, and feel pretty curtain thint the walor, or $3,700 for his share I beg your pardon. Yon the Eabilibice against the ship would be paid aace to the want of bons fides, said caudar on that coction 10 applied to an entirely different Hongkong as you promised Thad no doubt in tiff promised hito in the event of bis selling the major portion of it, tos not come from ns- fare no right to put the us in that way. Mr. Bai T not done this the working of the ship the part of the Opium Farmer. With reference matter, namely, the furnishing of falen ar in my mind that I should receive the commission, ship to pay him three per cent commission.tural springs, but is due to a leak in the large Evans went to Mr. MoClymont and toll him I would have besit stopped, Mr. Pitzan would to that be should say nothing. The conduct of perfect particulara.

but as the contract was completed. I thought it Caplain Booth wont down to Poung and took granite water tank immediately above. No mat had got an offer of $12,000 for the steamer, and bass forfeited the chartar money for ily the Opium Farmer would speak for itself, and The Chief Justics said the court would not as well to remind plaintiff of his pauise. We command of the vessel, and be appeared to have ter how dry-the other streams in the righbour would most likely cake something over it, and two albs the charter had yet to run, he (the Attorney-General) was not called upou trouble the Attorney-General on that point; the ceased to have any agents for the ship in Singa-bath to contend with considerable difficulties hot may be. ikis little basin is always saturated. Mr. MoClymont said they did not care if and probably the sale would ever have been to justify the position he had taken ap appellant did not make any representation at all pory in Angast. In my letter of the 3rd Apr There were quarrels at the time between the with water, and men, women, and children may made $10,000 over it; they wanted to get rid of effected. While Messrs. Scott & Co. were the with regard to this matter. But this be The Attorney Boneral, ontioning, said the 1 affared under certain conditions to not as aghot agents and the usaging owner, and on the 3rd be on thering it all the year round. I an thair share. Brorything Las been lono-in the agrante sauced a charter, for her myself, by might any, that the Opinm Farmer stood appellant was the person moving the opium, and for the yussal. I received so nevar to that April Captain Scott wrote to Mr. Titman offer well aware that the officers of the Pubile Works Most straightforward manner.

my own exertions, which was an increase of sixty there simply to ask for a proper conf, as his friend said, I was not the proper per letter till the agants resignad, when Mr. Pitmaning to take over the agency of the ship himself. Department think otherwise as to the cause of Witness, continuing, sid-I dimissed my per cent over what the vessel had proriously struction of the law, and the euforoaicent of son to obtain permits, then that debarred him asked me to do the best I could for biza. When but it was not till throw months afterwards that thir constant acculation of water at this place, agents at Singapuro, but their letter sending in boen serving. On the 1st October the vessel the law as defined in section 10 of the Ordinance. from every shred of protection.

the agenta banded me over $370, when they gave the agents resigned, a letter from the plaintiff and my knowlge of this fact has been the res tanir resignation crossed my letter of dismissal. was handed over to the Chinose puraziora. As regards his bond fides, the Opigu Farmer The Chief Justice said there was this dillonlty up the arany, the raving expenses of the ves-disraising the oressing theirs. Caplan Scott on why I havo (from a professional point of pain Captain Snots. I should not hate. paid say voyage in the vessel, at the request of the pur- Magistrate, to have pressed the dash vory hard, gone la Pennig: a new man came and stopped notaware that I over wrote to Mr. Pitman offer the work for the agency in addition to his datics should have done. I did not pay two commissions. If I had not Affer they took her avor I made a four days not appear, in the prossertion before the The former manger of the Opium Farm lud sot for the prarinus monti were unpaid. I am then practically became agent of the shy, and the view? paid more attention to it than otherwise As stated bringe the Conruission, the other ommission on the sal Pinely to coming chasers. I ruived no lary for that I ex inasmuch as they had seen the penalty was this practics, which, nording to Mr. Lister's hug to set as agent for her. I ara hot aware that as master of the ship. This of course put bim to the sum of $12000 the parties did not make pooted to do so, but when I applied for the merely a nominal one inflicted for the purpose oridouce, they had noquiesed in before. If th- as master of the ship the work that I did in a somewhat difficult position as there was no wot and marshy places could be easily and off- anallur offers. They made larger ones. I was purchaser said they intended placing my salary of raising this, jasne, The Opinn Farmer he was a thing that the new or in his better jud in regard to its sale caus within the distinss agrooment as to the remuneration for ciently drained at a comparatively small coal, and informed by Capinia Scott that they afterwards. set off against a boat which Mr. Pitman no 'special position, with reference to the pro- ment thought ought not to ba continued, why scope of my duties.. I only raeived $100 tho work ho was doing. Negotiations having the water led into the purblio powers, where it al- with raw tag. I add the Millon at Pensag. should have given ap. The purchase money secution in that Court, and with that point it did not he stop it instead of putting the apps from the chartorers, which I drew in advance been going on for some time in September and finds its way.

Much has bogo sail about the existing nowers, Ipril commission my agents there for the was paid into the Baak in my name and the might be necessary to deal more fully later, but lant to all this trouble. Why did not he take The ressel then went into dick. That $400 sot as offer was made for the purchase of the ves yale. It is not a fact that, the ship was heavily numbasers, and neither of us could touch it with he thought it only fair to call the attention of up the position of the Gevaruumeat in the matter, went to help to pay the ship's expensessel for $13,000; The contract was made on tue and to folio. J. M. Price, in debt in Penang before Captain Scott took out the censent of the other until the arrival of the Court to it at the catset. He might define and say there had been a wrong reading of the When the Millen was sold my wages crated on 22nd Sept, and curried out on the 1st October.dence of the Hoa. J. M. Price. Messrs. Bowdler charge, She was slightly in debt. I do not the papers and the bill of salo, As soon as to the Opium Farmer's position with reference to Ordinanco, and stop the practice? Why did he the day of the sale. I got na commission on that At that time the ship had a great many liabilities and Cooper, I adhere to my salomons that they know that Captain Scott paid on her behalf papera arrived Idraw 3.272. The balanss was his matter as that of a tenant for the lima boing put ta sinn to all the trouble and expense of a transnation. I was paistep to the date of the which from the evidence of Captain Scott he geare not properly and efficiently ventilated, and $1,800, or paid off the crew with hisown money remitted to Mr. Ewens by the Bank. The vos of a valuable estate which had been created, prosicution?

sale. There is still 25 due to me on that ship.thered that the oxnot amount was unknown to him. never will be fill more ventilators, with Lutherm I know nothing, of soarme, to the motrary, bat sel was sold for $12,000. I received no condia-built up, and protected by legal provisions, the The Attorney General said that of course ho Mr. Pitman gave me a note for it, but it was not In one letter he had sail they were under $1,000, choreoul filters, for filtoring the nexionseawor gas he has never told me so or rendered any accounts. sion from the purchasers. The $3,272 was need most reportant of which were the Opium Ordin, could not answer that question.

loncured. I was away with the Mary Austin in aether about $2,000, and eventually he wirsi and thes rendering it isolfensive, as in Croydon, There was 823,00 in the Bank them. Captrin by me in discharge of the ship's debts, and theanors of 1884 and 1887. He was the holder for The Chief Justice said, bo zaw the Magistrato some six days during the period from the lat to for a ramittance or authority to take from the London, and other towns, are constructoi an the Scutt was engaged in Hongkong to take cometisfying of my own claims. I left the Mary the time being of a monopoly, but this monopoly said the thing was done without the knowledge the 14th October. The passage money I charze purchase money deposited in the Bank the suma liqes of the sewers themselves. I must express mand of the vessel T cannot believe that the Austin on the 7th October. The auxt day she was primarily croated in the Interests of the of the Superlatendeat, but he did not see that is simply for guy own passage. I actually paid of $3,500 to pay the liabilitice, wages of the seamy surprise at the evideces giron by the newly captain pledged his own credit on behalf of the blow up. The papers did not arrivo till the 18th public reveace. He was just as much and no he said it was done without the knowledge of the that amount for my passage and more. All the mon, and his own events. At that time ho re-arrived Sanitary Surveyor on this subject, and ship. I remember reveiving a letter from Cap. October and I was bound to wait in Penang an-

more a farmer in the case of the revenue than a Opium Faroer. There was a ohango in the men wore paid up to the let Gotober, and the neived the intelligence that Mr. Piiman was no can only attribute it to a misunderstanding.

While on the subject of houso drains, I think tais Scott, dated 2nd October, talling mo aboottil their arrival. I will swear that Mr. Pitman won who bird a picco of land and cultivated it Superintendents as wall as in the managers. new owners put their own ste on board. The longer the registered owner, but that a transfor

the Choralssicurrynigkathave obtained some more the $200 commission and passage to Hongkong.promised me verhsily to pay me three per cent. for the time being was the farmer of the land. Mr. Seth stated what was the meaning of the I did not reply to that latter. When homme to commission on the sale of the vessel, I wil Hia obiect would necessarily and properly be blue mark on the parimit and said the Quim Darigain money was deposited on 23rd Septenibar. I had been made to Mr. Ewans This was do and important information as to their condition.

By His Lordship-I see the letter of 23rd Sept. by Mr. Pitman for ressons of his own. Find Canton to see me and I told him he had no right also swear that Mr. Pitman told me that is the while he was a tenant to take reasonable pre- Farmor knew i Commander Ratasey never knew When I wrote the letter in which referenco is ing therefors that the ship was no longer Haring und zomo experience of them I can an- to the commission. I think he did nad say that I creat of the ship being sold he would pay my cautions that an undus waste er depreciation opium was not to bo carried over in the oatias made to commission I had some little doubt about in the hands of Mr. Pitman ho wired for a hesitatingly assert that a very great number of hed promised him thres por cont, commission. I pamage took to Longkong. Mr. Fitman never should be caused to the property of which ha jank, but there was nothing to show the Opium it as the agents told me they had never get sufficient sum to cover his own renner-ho are "drains" only in name. I refer mar denied having done so. I never said to Captain expressed any disentisfaction with the way was, for the time being, in one sense of tag word Farmer or his agent did not know.”

their comission on the anla of the former tian He got the authority to draw from particularly to those in some of the large old Scott that throw per seat, was too high and that was asting for him. In 'n letter dated 29th July, a trustee, and therefore, prima facis, there was The Attorney-General aid there was not one vessel, and adrised me to be carofal of Mr. the bank, and after dedusting $3,200 the value private hous, for whole no and now would nas ubject to two and a half per cent. I 187 in biok a writes to mo. "Doar Scott-nothing unreasonable, oppressive, or unfair in word in the evidence to show that the Open Pilaan. The first intization I hold of Mr. was returned to the Bank, and forwarded Colony can beheld responsible. We have (in the fold bis that agente in Singapore would not have deferred writing because I think you are the attempt to enforce, and bufores strictly, the Farmer or any as it his interest ever know the Dwens being the registered ornor of the Mary to Mr. Pitman Comparing for a moment the course of repairs, e comunerous house drains have charged me a higher commission thug to dolag the beat that, can be done." I esme back provisions of such an Ordinanes as his. The holder of a permit in this form. ronid use it to furis was on the lut or End of October, when evidence as regards the three per cent coicmix-laid right through the has when there was ap- and a half per cent. und they would have made to Hongkong. did not find him here Brat contention of his learned friend was that cover an act of the charnoter of that which I received a letter from.bin.

sion, ha found that the plaintiff in his examin-parently no on whatever for their beingsslait. his a retura. I never remember saying to him and went to Canton, where, after waiting the excise affour had no lodna standi; that for formed the subject of the charge in the pro- This concluded the evidesos.

ation-in-chief swore that he made no such pro-On one occasion only last year, when superin When I promised you your commission. I exsus tipo, I received a letter from him and sch caso as that now before the Court he was sent case. There was nothing to show that Mr. Wotben, in addressing his Lordship for miss, bet when he came to be cross-examined tending the alterations to large villa (which peoted to get more ant of the vessel." I told afterwards saw him. I met him in his hense, not eligible ruscator, and the learned they know suy Bun moro as to what would the defence, said there were three questions to he said he did not think he had. On the ether villa had obtained an unenviable reputation as be kim I could xet pat 500 sulary into the ac- and we had a long conversation respecting the passt had referred to sections 22 and 23 of the be done than might fairly be gathored from be swered in the case-1st, whether defendant hand. Captain Scott swore Psitively thai ing "healthy" owing to several deaths har- courts. I did not my "Give me chit for $90 ship and her sale. He demurred to an iter in Cydiaans for the purpose of cutablishing that the constraction of the domument itself was entitled to three per cent. commission on the such promise was made to him. When they in cerril in it from keter), en examining the and the other matters will be all right. My the account of $72 for medical expenses. Wa Nog action arid that it should be lawful for With regard to putting the defendant to expanse sale of the Mary Austin: End, whether he wax had the evidenes of one man pitted against drains we found the drain from the aunts agents did not give up their squary because then passed on to the question of commission.a paffee or exeiss officer to arrest certain persons and all that, what he took it the position of the entitled to his rotara passage from Singapore; the other, as in this case, it was necessary quarters, cookbenses, and Chinese latrine was they were afraid whether they wantd get their He said "You have charged too high a commis under certain conditions without a war Opinm Farmer would he was this, that when it and 3d, whether he was entitled to his romuzeto ompare the two statements carefully, and carried right through the whole length of the money. I dismissed them.

sion. Two and a half. I would not mind, but raut, and to take them boforo Ma was thought right by the defendant to appoal-ration for the time he was employed after the bowing done so, without saying that Mr. P house, and the top of it (Formed of loose jointed. Mr. Wotton-Yes, bet you said that their re thras is too high," I reminded him of his proristrata to be dealt with recording to law. The Chief Justion Supposing the tangistrate, conclusion of the contrast. On the first two man had told an untruth, he must come to thin tilea), within a few inalios of the Door. signation crossed your dismissal.

zine about the commission and the pigs Bootion 23 provided that an excise offer having had ained his 10 couts, it is not likely there points the refondant simply targad onder con- the conclusion that he had forgotten That boards of the dining and drawing rooms. Witness-Yes, but they know from my pro money. He said I do not mind about the pass reasonable ground for cortain ballet might enter world have been appal. You gave up the tract ontered into botween himself and plaintiff, had taken ples. Having come to that con-drain itself had little or no fill in it, I was do Tious letter what was coming.

age money. The commission is too high, when vessels under certain circumstances, search, and opium,

which was concluded when thesessel was sold on elusion, bo found that there was a contrast pletaly" choked up" with sutil allerisivo patrie. I made you that promise I expected to get more seize any opium found. He could not see what Mr. Bobinson said the opium was only, given the 1st of October, 1857. Even supposing tao to pay commission and passage money back to flad sewage; the ground on both sides and tho for the steater." He then said he would at bearing these fino sections bad apos the question up under a heavy bond.

defondant had not chosen si ho dil to romain at Hongkong With regard to the wages, what bottoms being quite black with sowage of a depth Witness, continuing, mid-Mr. Ewens was par me the fifteen days' wagos, that I was ill at whether a prosonion, such as the prosent one. The Chief Justice It eiya nothing about Bisgarers in connection, with the ship's basi- took place was this, the ship was sold and the and width of about three or four feet; the wonder ny souredited agent in Hongkong, when I left the time and had stayed in Penang for my own might be initiated in that Court or in a Blagia retaining the opiata. It is a fine of $20. I meas, ho went have been entitled to his transfor completed on the 1st October, sad there was not that two or three deaths only had ne Hongkong.

convenience. I naked him if the wages was the tratas.Court by.an-orcian ofloor. He apprehend-andrestoot the opia was given op

commission if his Lordship believed the evi-fore in the ordinary scurse the-captain-world no aurred, but that azy one who had resided thoro Mr. Wolton, at this point, pat in a number of only thing in dispute. He said it was, and aided there was nothing whatever to prevent an

There are, to my knowledge, The Attorney-General-It is out on bond, dance as to the agreement made between longer continue on the ship and would not be en was het alive. letters and telegrams for the parpos of showing if I would give him a shagge for $90, the other exose officer doing so, and he was the person one ponding the appent:

them. Therefore, anything defendant did after titled to any wages after that date, but what many other houses in the Colony in a similar that the plaintiff was engaged in duties as an utters would be all right. I came down and might expect would do so. The question was The Chief Justice-What was the sins of had neinally brought the purchaser and the Captain Ecout now call was "I was doing agoner position, and others where the songe, and sal- agent, beyond those of captain...

saw Mr. Ewens to take bis advice on the matter. not as to the legality of the arrot, but, so far as keeping the opiam when he did not forfeit it sailer togather was something outside the quaswork. I was doing all sorts of work for the inlage water, although they disappear down a Cross-examination 'continued→→There was nó Mr. Ewens said I was entitled to tho wages, and it could be separated from the other issues, as in What he would have done if there had been an tion of commission, and be submitted that it was tereala of Mr. Pitman, and remained there till grata, do not go into a denia at all. written agreement with the captain when he that he would write ta. Mr. Pistono about it. I the focus standt of the exclso officer andar this offenes would have been to forfeit the opinm. foaly ryasumable that if defendant was engaged the 23rd Ontcher to complete the transfer." The similar cases only show, I think, the great ne joined beyond the letter already put in.. then received a letter from Mr. Webber, pisin Ordinance. Assuming for the moment that the The Attorney General-It is only liable to on plaintiff's Unainése, doing in fact the work of casa must be looked upon in this way, the captain bessity and important of giving tho Surveyor-

Re-examined by Me. Wabbor-At the timis I tif's solicitor. I afterwards huism interview offensa had boon committed, and there was no forfeitaro,

a special agent, he was entitled to be remunerad certain duties to perform outside those of Coneral and the Sanitary Board inerased powers bought Mr. Macgregor Smith's whare in the ves with him. He made me an offer to square theothar objection-except that the prosecution was The Chief Justice Well, why did not he giveated for it. In the account he had charged this wavigation, and the employer said, "Look here, of inspection and of compelling property ownere selahe Tras, according to Capiuili Svett's toko-" matboy for $180.

undertaken in the name of the reise officer, his it up. He says The opium to be retained remuneratiotr as wages which he did in ignor if you sell the ship I will give you three per (of old as well as new houses) to lay down good gram, about $1,000 in debt. At the timo Captain Mr. Webbar-1 dany ever having made nach fri ad had not-quoted a single zulhority to show pending the appeal. What is the mequing of ance, but it mattered not how he oknuged it no cont commt es force, and in winged as though it by having a thorough houso te House aspection,

took charge 20y agents had esitled all old fan offer, my lord.

that that proseonlion could not be onstarted. Hant?

long as it might be looked upon simply as re-position as a broker, and it appeared as a liabilities on the ship. His tetter of tho d Witness, continuing I refused this offer as The next point raised was that this was The Attorney-General made a suggestion maneration, What Mr. Pitman evidently were intended that this commission should cover beginning with those at the upper-levels, and October was the drat. I ever End of the three per consideral I had not retained any money which not an not within the meaning of section 10. He which seemed to amuse himself and the Court, to thought was that if he got out of paying any all extra trouble. Hisjudgment was therefore that where the drains are found defective to compat cent. commission.

I had no right to

did not perfectly apprebond the woope of that one effect that perhaps the Magistrate thought onmission to Captain Scatt he would get out Captain Scott bad subessfully made out that he the owner or agent to relay them. Should the Mr. Pitmas, re-oulled at the request of Mr. At this bungo, the court adjourned till the next festion, but be gathered from his friend that this the Court on the appeal would order it to be far of paying it to any one elas Perlays, that was RE entitled to the commission and passage me now Heli Ordinauibcome law, it will be cor- Wotton, said I see by the report of the Chaudsy at 2.30 p.m.

was not a moving for the purpose of exportation feited.

la obrot. He seemed to have had some disan-noy, it he would have to return the wages be tain to do much good in this ruspect within the meaning of the not. Ho ambaitted The Chief Justice This takes a difference.pointment in the price realized for this vessel; dated from the sera drawn from the Bank,

and their ventilation, and I most certainly do not that ronding the saution as it stood this was a It seems to me if it had been a small fire if the possibly he thought that by conducting the asta that was judgment for the plaintig for $90. moving for the purposes of orpsetation. It was Magistrate was clear on the subject of the law in that silent manner in which he did it, be dr Wotton-Au to costs, my lord, I would agree with him in his statements that the hours Mr. Wetton, in opening the case for the de-

drains must be put in order before the towars. wither in itself an act of exportation or an set in and he hart loflicted a fire of 10 cents and given would be able to put iu bis own pocket much as that och party pay their own. fence, said defendant waaungazed by the plainti

the process of exportation. The conduct of the up the opium,ething-would have been dous--Jarger share than ho had setually been able to

His lordship-flat is the order I was about Until the new sowers are laid (and ventilated, how to go down to Singapore to take olurge of the

parties themselves showed this. They applied The Attorney-General-They only asked for pocket. In judging the evidence of these two to make. Captain Shott appears to have taken is one to know how to lay his house drainor what steamer Mary isti. Previens to his dep ture Mr. Pitau; told Hofendant to lock about for

for permits for axport and wore armed with a nominal fine and I suppose a thought $20 en it was necessary for his Lordship to take the considerable trouble in the matter and to bare inclination to give it The sewers must be tal those at the time they wire acting in the way nominal Uns

men as he found them; and to Mr. Wotton) incurred great risks, and Mr. Pitman has him first, I have never known or heard of house a parchaser fer the "steamer and promised he This was an appeal against the decision of complained of. If there was any doubt as to the The Chief Justics-I think 820 a very sub put it to his Bordship broadly whether he con- self said that he has wished to treat defendant drains in any towa being laid before the sagers Finto which they were to discharge were construct- would give three per cent. in the event of the Mr. Sercombe Smith in the late large sirare reading of this particular section the preamble stanțial Oza.

sillerent that a man who na managing owner of an a liberal manner.

od.". Most of the sowers here are rot leid deep. ship being sold, and also that his passage back to of opium

und the whole Onlitanes were the proper lights Mr. Robinson÷It was only on on the last dry vessel would sell-his-co-owner y bar in this

CRIMINAL SESSIONS.

onough; the luvarla shoald be at last ten foot Hongkong would be paid. Defendant was to bare Mr. Robingon, instrueled by Mr. Ewens, ap. to be brought to bear upon it to aid them of the sad that they asked for a nominal pensity scorst winner sad at the same time buy his co- $180 per month, as wagen, which was to pasted on behalf of the appellast; the Attorney. arriving at a proper conclusion. The sort point The learned counsel then want on to rpply owner's share ata much less prire, putting ints Buroze Hos. 1. RusLL, ACTING CHIEF blow the surface of the rail, so that the brist include everything. He was of course to General (H, B. L. O'Malley) Instructed by raised was that this was not an act within the to the Attorney-Generale argument. He and his own pocket the profit, sutnown to the co-

frum, nay, a Chine house fifty feet in depth can hive a good fall into the sower, which very for receive suything Dory for the require Messrs. Wotton and Deason, appeared for the meaning of the Ordluses. The not complained the appellant had been put to the ignominy of owner, without telling him a angla word about it ments of the resnel: When he arrised at Opium Farrar; snd Mr. Webber watched the of was the moving of these thirty-two chests of an arret and convfeljosi for doing, was be subt was a raan who was likely to be miting reliable Kwok Aska, convicted of recairing stolen proof them have at present. Yours faithfully,

WM, DANBY: Blogapore he found the vessel in a dilapidated ckis on behalf of the owner of the opinn seized, uplam bythuappellant, without havingpreviously, mitted way a profectly legal net... The cour¦ statements in giving evidence of this description perty, was brought up for suutanged date condition, anl large sam68 were capended before Mr. Robinson said the case for the Court, obtained permarionins required by the Ordinance. would construe a penal provision, stringostly, His Lnetship remarked that it had been stated,

His Lordship said there could ha, no quegliam

Hongkong, 9th February, 1858 the Temel could be pus into anything like trim. as stated by the Magistrate, was as the What they maintaised was that Laving sent in and would not take any notion of what was the thers vero 44,000 pbilities on the vessel at the baterorna to prisoner's guilt. The only que THE HONGKONG AND WHAMPGA Thoro was

inenficient sum uvallalde uppollant bean rightly convicted of an offence on application în form “C," he then woved hypothetical intention of the legislature. * Intima

tion was whether be had aot had a hand in the for this purpose, and Captain Scott and to ad under Boction 10 of Ordinmes 29 of 1987 these thirty two chests in such a manner that this arse the opium was not being exported to Mr. Wotton said the plaintiff cid not know robbery as well. Ha was found with those sight vance money from his own pocket en babalf of The appellant was convicted on the 14th no hold whatever could be kept on them. If this take it to the onstemis station to pay daty and that thon.

Dan bags of cigara, as well as eighty-three bozes in TO THE EDITOR OF THE DAILY FRɣas”. the slip. In the meantime he went about try. January, for that ha dil naglook, in moving were considered to be a legal and proper not bring it back again was a different thing from Mr. Wobber maintained that he did know it, bis beat, where he had hid them for some cunei- SIE-Aguia permit me to trespass on your ing to find a parolaser for the steamor. He the opium fer exportation, to send a requief- they might have all the opium in the colony exporting it; but the Attorney-General content and added that upurt from that it was the derable time. It was proved up to the kilt that spaco ve Dock Cuerjany. I love read the bail a great deal of trouale, sa wa shown tica to the Superintendent of Importe and going about in sampana, in large or small quanti ed they must take the word in ita etymological partgages who pressed on the sale and notually he must bare knewa very well that thers was Chairman's speech with some interest, but re- by the correspondenca pat, in, in bringing Exporta furnishing him with the particulare fica as the owners might please, without faving sound. He (Mr. Robinson) contended on the made the sale..

something wrong in the matter, ány man pos- gret that the information ho has to afford us about the atle. The recessary papers were sunt therein required. The appellant was fined the the slightest control over it. In this case they contrary, that following the rule of constraing Mr. Wotton, continuing, said that not know- Bussed of common sense having cigars Joft in the sooms to me anything but explicit. The Chair- down by lir. Ewens, the mortgagse, and then merely nominal eam of $20. Of course if he were had the appellant exporting opium without hav-pens. provisions: stringently, unless theying what the liabilities wern at this time tha way in which he had stated would have at once- man, call our attention to the fact that the petual owner, and the sale was eventually effected guilty of the offence charged he was subject toning presented any applaation relating either to found it written that a man might not so plaintiff thought he would really bure made on gone to the Police Station kąd reported it, bet | Directors themselves have a considerable stake for $12,000. Captain Boolt then sans to Hoop very heavy fine and the forfeiture of the opium, the junk, or as far as sould be seen to the aum- out of the colony for the purpose of paying the whole transnotion a profit of about $4,000. Ho he retained with them on board tilik hunted out in the Company, with, the object, it appears to kong and banded in the papers and vouchers to mud thesafore the case was su importent ons.ber of packages to be exported. It was trao le opíum duties they would - not sonvict | thought it was a transaction which to say the by the Police. The receiver was worse than the į me, of daproosting advoras criticism; bat looking Mr. Ewans. He mentioned the commission to The points of law he intended to raise were dro, had seven different permita for the export of him for doing 20 If the not complained least of it could not be called sper, straightfor, thief. It was men lite prisoner who gave every strike record of Joint Stock Companies hore în Mr. Ewans, and Mr. Ewens said he thought if Fist, the agzim effear had no power to progeente seron sutall quantities, but the form of requial of constituted ag infringement int some other ward · danling. If Mr. Pitman was purchasing | facility to thisvas to dispose of their plunder by ganaral, and the record within the past eighteen was a fair and reasonabio quo, but added that in this particular case; seccnd, that action under this statate required that he should section of the Ordinazes, that would not sup the star of his co-owner from the mortgagee, being ready at all times to maint them in getting | months of this our own. Company in particulat, be thought he might have some difficulty is of moving, complained of was so an act spesify thezember of packaged and the rasol in port the conviction. They could not unvict a who was also ngent for the wortgagor, he should their plunder over the hoarde, that made depre- are simreholders justified in placing implicit getting it as the steamer had not realised within the mesning" of "sestion third, which they were to be exported. What he nn-man of murder if the man proved ho did not i have told him that he bad effected, or na good ng dations so common in the Colony. His sentence. sinfidence.and reliance on the businom Judgi as much as Mr. Fitman expostol, it would. If the section had been infringed," the in- derstood to be the appellant'e contention was dommit murder bat intended to rob & dead body, effected the enle of the vessel for the sum of i was that he be kept in gaol for two penge with, mant and infallibility of directors? I say pot- As to the clung for passage money, Capi Tringement was merely au omjasion of formality ("It is quite frm we did not make an application although that was a very wrongfal zot Ele $12,000. Now, this was toally the gentleman hard labour,

and for this they alums are to blame. The want

har. Wetton-I ave, then they were prepared for Jura's thunderbolt.

har of Commerce handed to me that the charge mentioned therain for the effecting of sale of ships is five per cent.

1st March.

IN APPEAL

BEFORE THE FULL COURT

Ko KAI, APPELLANT, CHU Toxa,

RBSTONDENT

derabad Piglet,

EXCEIVING STOLEN PROPERTY.

in the

The

Those and

I noted Mr. Price's 'remarksaê tơ hôngo draine

DOCK COMPANY..