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SUPREME COURT.

Saturday, 1st December.

IN ORIGINAL, JURISDICTION.

Before His HonouR SIR JOHN CABRING- TON, C.M.G. (CHIEF JUSTICE).

HOWARD AND STEPHENRY. THE ATTORNEY- GENERAL.

THE HONGKONG DAILY PRESS TUESDAY, DECEMBER 4TH 1900

to meet the growing wants of the Colony, and it is expedient to enlarge the same."

by section 2 it is declared that "the works anthorised by the Ordinance and all works for the affectual and convenient carrying out of be same are works for the improvement of the Colcay and for a public purpos' within the meaning of that torn as contained in the

BEFORE MR. KEMP.

The fasts adduced in this case were similar to In the next place it may be painted out that liam Robinson had gone. Thereupon Mr. deliberately excluding the ordinary jurisdiction of the Courts in respect of slaims of that kind if the Court were to hold that it has jurisdiction Francis asked that instead of Sir William those disclosed in provions cases of a like nature a raid by the police, the surpris This was the view taken of the affect of the Or to inquire into the Governor's proceedings in Robinson Major-General Black's name be in-

Chief Detective Inspector Hanson gave evi- dinance in the case of Ryrie v. The Attorney dealing with the case of a non-assenting lessee, sertel. His reply to that was that the courting of the gamblers, and a wholesale arret. General which was decided by the Full Court it would be going a long way to defeat the mani- could not be asked to grant a mandamus until

two keepers $25 each or six woelos' hard labour,.. in 1890. In that caso the plaintiff, as trustee feat intention of the Legislature by assuming in the person to whom the maudamas was to be doncs, and the neal judgment was given the the others $5 each or 14 days hard labour, all bo for- for the City Hall, sought an injunction to directly & jurisdiction the direct exercise of issued had refused to do a thing he had been

Black had novor been asked to make any award. money and Implements of gambling restrain the Government, from proceading with which the Legislature has forbidden in very naked to be made to do, and Majur-General the reclamation works in front of marine and definite terms. leuses of lands in the Colony."

Bo much for the construction of section (vi.) It was left in that way. He contended that in feited.

The two keepers went to prison, Section 3 provides that it shall to lawful for lot on which the City Hall stands, on the ground the Governor to carry out the authorised works that the affect of the reclamation would be to both in itself and in the light of the other that case the proceedings were absolutely un. His Lordship said-There is not enough bo according to the approved plans. It also pre-interfere with his right of access and proximity provisions of the Ordinanoo, apart from section necessary; they came to nothing. The Chief Justico gavo judgment in this case, The plaintiff's were represented by Mr. J.J.vides for deviations from the plans, for the im- to the sen, convert his holding into an inland. But it is arged on behalf of the plaintifs

to the view put fer but I will express this opinion: Supposing the

STEALING A RICKSHA. Francis, Q.C. (instructed by Mr, Biophene) and mediate commencement and continuance of the lot, and thus diminish the value of his property. that the language of this latter section lends fors me to induce me to depart from my finding, the Attorney-General (the Hon. W. Meigh warks, and for the necessary staff and plant for The Court refused the injunction asked for on considorshle support

the ground that, apart from the Ordinance, the ward for the plaintiffs as to the proper issues of fact had been tried before the issues

This was the charge preferred against a chair-bearer named Chin Muk, who, judging Goodtoan, Q.C) appeared in person, instructed carrying them out.

Section 4 describes the works authorised by plaintiff was not entitled to an injunction but construction of rection 7 (vi). Section 8 of law had been tried and determined, and you by the Crown Solicitor (ir. f. B. L. Bowley)

only to damages. On the question of the effect reads as follows:-". Except us in this Ordin had proved to me that your allegations were

by the bulk of the articks stolen, certainly The Cher Justice in this case the the Oslimace. They are as follows:

doon not do things by Julves. He ploaded not (a.) The making of au embankment along the of the Ordinance Russell, J., made the follow-ance provided, no marine lot-holder or other well founded. I should not have awarded the Court is called upon to determine the following

harbour front of Victoria and upon thing observations: But apart from the merits purees shall be entitled as against the Crown to costs to the defendants. But on the issue of low

The isano of law-Assuming all the facts stated Hu-the-Pailtion to bo tow and having regard to

work was finished he left the ricksha at a place tion or injurious affecting of his property or costs. I think the best course will be to subarit the provisions of the 'rays Reclamation Onlin-

business caused by, or resulting either directly the waiter to the Governor.

Mr. Francis-If your Lordship thanks thein Possession Stroot. On retarning an hour of ance, 1889, has the Court juridiction to inquire into the proceedings connected with the award

wards saw the defondant driving a passenger referred to in the Petition and to set aside the

in the ricksba, and gave him into custody. said wernant and declare it muj and voi

at or foreshore of the Harbour, with all of this particular caso, whatever may be the juny damages or compensation for tho deprecia-as now decided, I must givo the defendant his guy: anfondout ataled that when his duy's

necessary and convenient pidiary works; (b) The making upon the embankment of a public roadway and the widening of the

resent Praya roadway; and (e.) She reclaiming and ühing of (ofera shore and bed of the harbour lying Intween the present Praya wall and the intended embankment.

For the purpose of determining this isano I think it will be convenient, it; the first place to state the facts set out in the Petition, in thu serad place to state the provisions of the Praye have any haring on the issue, and, lastly, this judgment may be necessary. Halonation Ordinance. 1889, eu far is they atste the coùrlasions to which, an examination Section & deals with the reclaimed land and of the facts und of the Ordinance scomis properly the land occupied by the present. Praze rod

loud.

50 tent wide.

their godowns.

a

By section grower is given to the Governor to rumove all obstractions to the works, as in

The provisions of soction 7 ure long and some what complicate, but they are very material for the parades of the prosent case. There is in the first place a prenable in which it is recited that the Crown lessees whose lands are along the line of the proposed reolamation, or the majority of them, have declared their readiness to contribute to the cost of the works provided the Governor will grant to them Crown leases of such equitable proportion of the reclaimed land as may be available, having regard to public requirements for roads, e, al to the claims of the lessees as between themates. It

rights of this or any other marine lot holder, the jurisdiction of its Cuart is onst by the The Lagis Prava Reclamation Ordinance, lature huis, by seo. 7, sub-sce. 6, enacted that Crown losvann who have not come in under sub- cos 2 and shall have no claita to compensation in respect of any depreciation of lus (se) lot by reason of the said works, and the Governer is vested with absolute discretion as to awarding compensation to those who have not come into the agreement. If the plaintiff did attempt to come in under the agreement and was not permitted, or if he was refused zuy compensation by the Governor, still this Court canot help and remedies except those provided by the Ordinance, namely, to have an equitable allot mont or [que of campersation for injury as the Governor may vecito. And at the cloud the plaintiff of his judgment he says To shortly, I tum of onision that if the matter a cause of action at all, he is not entitled to an injunction, but only to damages. Second, that any cause of action which he might have is taken away be the Ordinance, which vests in the Governor the power of saying what, if any, compensation should be allowed.""

or indirectly from, any of the said works. Its the Attorney General will admit two later, he found the voicele goud. Ho after-

is said that the affect of this langunge is to cen vey a clear implication that section 7 vides that a nut assentius tion, (vi) pro entitled as against the Crown, to dangos or compensation for the depreciation or injuricus affecting of his property or business by the works. But, in my opinion, the language of this enactment can receive its proper constrac tion without making it rotor to section 7 (vi) and so, as I think, straining the language of that enactment to a soure which it was not in- tonded to bear. For a referones to the recitals in the early part of section 7 will show that it was agreed that a sum not exceeding $180,000 wes to be charged to the cost of the works by way of compensation to owners and occupiers of This man is definitely posel reclamation. wharyos and piers along the line of the pro- appropriate by us of competitie class of persons in respect of injured interests, and I presume it may be taken for granted that this appropriation virtue of which the works came to be oxecuted. formed part of the compact or arrangement by The title of this class of persons to this sum was complete, subjet, of coarse, to a proper apportionment of it amongst the individual members of this class. It is probably that some members of this class were marine let- holders; at any rate, if they were not so, they wire "other persons" within the meaning of vilet by the Ordinance" to the general rule establishor by the Ovilinance that persons whose interests are injuriously affected by the works. injurions affecting. Even if there had not boon this specific exception to which the opera ing words of section 8 can be taken to refer, I very much doubt whether the words in that section which refer to title to compensation are sufficiently clear and wide in their scope to con trol the construction of section 7 (vi.)” convert a mere moral claim to consideration and relief into a legal title to compensation, whether by arbitration or otherwise.

After the extremely: liberal great mistako. anything to be true, I am afraid it will be a very promises that were made in Court by the Attorney General, it is utterly poloss to expect anything in the shape of justice.

His Lordship-If these allegations are in any substantial degree wall founded, the Governor might properly forego the conte

Bir. Francis-Your Lordship will so these allegations are well founded.

The defendant said he was simply taking the ricksha to the complainant. He could not, how ever, explain the presence of a passenger in the vehicle, and was sentenced to three wooks hard inhout.

UNLAWFUL POSSESSIQUE

Chan Yik pleaded not guilty to the unlawful His Lordship an speaking of the allega possession of a quantity of brass and zine, vikto The Court was, then adjourned. ticus as to the mode of conducting the inquiry, roomably suspected of having been stolen.

AN

POLICE COURT.

Monday, 3rd December,

BEFORE MR. HAZELAND.

INTERNATIONAL” APPAIR, The sailors belonging to the German Navy and one belonging to the Fronch Navy wero charged with creating a disturbance in Queen's Road Central on Sunday night.

Having regard to this decision, it must be and is admitted on the part of the plaintiffs that the general jurisdiction of the Court in respect of wrongs caused by the construction of the works is taken away by the Ordinance. and, to take this particular case now before the Court, that a non assenting Crown Jesses has no right of direct cecourse to the Court in re-section 8. Here then is the exception pro-account of which appeared in our coluing you.

as to

The affair appears to have been the outcome of the conflict istween British and French blue jackote in Ship Street on Saturday night, an terday. Probably with a view to showing their contempt for the Britishers, but incidentally bining forces with a squad of German sailors, on Sanday evening rusrched along Queen's Road Central, singing and shoating. Hearing t

A lukong deposed that he met the defen- dant in Feddar Street. He was carrying two haary buskets, which were corerei. and on witness's asking him what they contained l replied." Nothing much." Witness, how aver was not satisfied with this answer, and opoued the baskets, whon the metal was disclosed.,

Defendant stated that he got the staff from a boat at Wanchai. As is usual with those individuals who make pilfering their trade, he could not give the name of the bout, and the magistrate imposed a pousity of 815-ör one montli's hard labour.

CORRESPONDENCE.

[We do not hold ourselves responsible for them

opinions expressed by our correspondents.]

THE CASE OF KING LIEN-SHAN.

TO THE EDITOR OF THE DAILY FRESS.

the row. crowd of British linojacketà und soldiers who

Macao, 30th Novembor. were seated in the International Hotel came to the

SIR-It may be remembered that last Ful door to learn the canso. The foreigners imme diately made a rush at them, and battle on uary, nearly a year ago, something was said in the sinull scale onsned. Forged to give way before the Englishmen, the foreigners in their retreat came across a handy pile of stones, which they at once proceeded to utilise Beveral of the stones, it is alleged, entered the International Hotel. The police arrived on the scene, and the combatants made themselves scarce, but not Lefore four of their number had boon arrested.

The first two defendants, the second of whom had a lovely black eye," said they wad witnesses to prove they were the aggrieved parties, but unfortunately for them the witnesses were not

As the facts mat on in the Potition as to beway and wall along the line of the reclamation, for sections 6 and 8 extinguish all rights taken as true, I will state them in the form of These lands are declared to be the property of the Crown and, to be subject to the disposition narrative, in the same manner as if I were set-

of the Governor in the same way as other Crown ting forth findings established by evidence.

The plaintiff's wore until quite recently the lauals, and all private properly, rights, and vaso Crown lees and the unors and accupiers asents in or in lation to them or in relation tonnats in common of Marine Let No. 184 to any win, etc., thereon are declared to be in the City of Victoria. There were gode ablatuly extinguished and deterinitied, ericed on the Lot and thus plaintiffs carried on there the business of godown-keepers.

The Lot is sitante in the western district of this City, and from the time when the Crown lows for it was granted, that is, in 1881, until about April 1898, it abutted on the north side for a length of 10 feet on the Fears, and was ent separated from the sea in the Harhour by the Praya. At that point the Praya was abort, Tutit- the construction of the reclamation works which will be presently mentioned, the gen in the Harbour cure at all timon of the tide to the foot of the sea-wall bounding the Prays, in farther recited that the cost of the works is spact of any depreciation in value which may be 2nd plaintiffs were able, at all times of the to include am not exceeding $3,000 for pre-occusioned to his fat by the execution of the liminary expens, a ente not exceeding $180,000 works. But it is argued that, while this duy und night and at all states of the tide, to by way of compensation to owners and cooupiera is so, and such a lagaon is therefore left are not to be entitled to compensation for such seeking safety in numbers, the Frenchmen, com- bring cargo-boats to the sea-wall, to load and

of wharsus and piers along the line of the pro- without his ordinary remedy, he is provided unload gode inte and from them, and to convey such grounds easily and cheaply from nad into sud reclamation, and a su not exceeding with a special remedy for redress of his wrongs. $105,000 for the purchase of certain specite This special remedy, it is said, consists in land in course of reclamation. Provision is the establishment of a procedure by way of or analogons to arbitration by which his loss may be than malo ua follow

inquired into and compensation for it awarded. The Governor, it is said, is constituted arbitrator in such a case and the duty is laid on him of inquiring into the case of the aggriered lerses and of awarding him compensation for his lon

With regard to this matter of compensation and damago. It was very properly admitted by the Attorney-General that, if the Governor is to be made to the owners and occupiers of wharves and pioms, it is instructive to mate the indeed an arbitrator under the Ordinance, some of the things which are stated to have been procedure prescribed by the Legislature for the done by the Acting Governor cannot be sup- apportionment of the sum assigned for that par- ported, and the Court will be justified in interpess. The Praya Reclamation Ordinance, 1889, tering in the exercise of its general jurisdiction is silent as to the method of apportionment, over subordinate tribunals. But the question but provision for this purpose was made by tho, is Is it really true that the Governor is con- Praya Wharves and Piera Ordinance, 1883. By stituted by the Ordinance an arbitrator, in the this Ordinance the Director of Public Works prdinary senso of that word, for the purpose of and Mr. William Danby, M.I.C.E., were a inquiring into the caine of injured lessees and pointed valuers, with Chief Justice Fielding

Clarke as umpire, for the purpose of estimating arrested on coming out of a public-house, not of such a nature as vary effectively to distract assessing and awarding compensation in

the cost of the removal and re-creation of rospect of their loss and damage? It seems to me that this question must be answered in wharves and piers and of preparing a table of the negative. I will state shortly the reasons compensation in respect of them. No provision was made for the appearance of parties con- which have led me to form this opinion.

valuers or the umpire, corned before the and I am informed that, as a matter of fact, the parties did not so appear and were not heard. It was enacted that the table of compensation was to be published. and that if any objections were made to the paying with the crowd. ment of any as mentioned in it or if any difficulties arose in connexion with such pay ment, the sums in question were to be paid into the Supreme Court and the Court was to exercia saamary jurisdiction for the settlement of such objections and difficulties. For this purpose the Court was invested with power to summon. before it all persons concerned and to hear and determine their claims. It appears therefore that even where the right to compensation was absolute and formed part of the compact on which the scheme of the reclamation works was founded, the Legislature was desirous of avoiding as far as possible the delay and expense of legal and quasi-legal proceedings.

About the year 1891 the Governor, acting amber the authority of the Ordinareo already mentioned, rommenced to construct an embank- ment along ilo Harbour front of the City, from a point to the westward of the plaintiffs' Lot to a point to the eastward of it, and to constrast. se-wall, and to reclaim and fill in the foreshore and bed of the Harbour between the Praya and the new embankment and sea-wall. These works have been carried on ever since and are still being carried on. and the result of them, as far as the plaintiffs' Lot is concerned, has been that the Lol has been converted froma Mariuo Lot into an Inland Lot; it no longer abuts on the Praya or ses raud, and no longer has any direct access to the sea, but is separated from, it by the old Praya, by a piece of reclaimed land, the property of the Crown, of about 185 feet in with, and by the new Praya and son wall, of about 75 feet in width.

During the progress of these works the plaintiffs' access to the sea along the whole front of their Lat was seriously impeded and dim- inished, and they suffered heavy losses in their business as godown-keepers, and upon the cou- plation of the works the Lot was anriously de- by being entirely abat out preciated in Falue from direct access to the sea and by being converted from a Marine into an Inland Lot

By the diminution of their business during the construction of the works the plaintiff anffered a loss of about 825,000, and. by the de preciation in value of their Lot they suffered A farther loss of about $90,000. Before the commencement of the works the Lot, with the buildings therean, was of the value of about $200,000 at the least. After the completion of the works in the immediate front of their Lot. the plaintiffs were unable to obtain more than $110,000 for the Lot and the buildings thereon, and this depreciation was entirely owing to the conversion of the Lot from a Marine into an Inland Lot,

The plaintiffs were not assenting parties under the provisions of the Ordinance to the xaention of the reclamation works, and accord- ingly, acting on their opinion as to the con struction of the Ordinance which is stated in paragraph 10 of the Petition, viz, that it is the duty of the Governor to inquire into all cases of loss or damage sustained through the operation of the Ordinance by non-assenting Crown lessees affected by the works and to award

(1.) For the making and depositing at the Land Registry Ofice of a plan showing in detail the portion of the proposed reclama thenestyned to lessees in respect of their lot of land, and the plan is to have annexed to it a Sabedale containing a list of the lis- secs and the approximate contribution ro quired from each of them in respect of the cost of his portion of the reclaination; (ii) For the notification of the deposit of the asian and the publication of the Schedale, and for the signifleation in writing within two months thereafter by Jersees who are desirous of entering into the agreement hereinafter mentioned of their acceptance of the portions of land assigned to theat on the plan and of their intention to enter into an agreement;

of

(i.) For authorising the Governor, if he thinks fit, within one month from the expiration of the above-mentioned two months, to enter into an agreement, in the form contained in the Schedulo to the Ordinance, with the A good deal of stress was laid by Mr. lernes individually who have signified their Francis, counsel for the plaintiffs, on the use acceptance and intention as shove men of the word "award" in section 7 (yi.) It was tioned, and for authorising the Governor said that the word is a term of art and imports to dispose of the reclaimed laud in sovorda quasi-judicial inuiry and determination ance with the agreements;

and that it must be taken that the Legislature (iv) For reotifying errors in the quantity employed it in this technical sense, which is or area of land agreed to be granted; and ' aleo ita ordinary sense. It is true that this is (v.) For limiting (subject to sub-section vii) the primary signification of the word, but it is the ability of each lossee to the setan equally true that the word is often used in a to allow; to cost of the reclamation of the land agreed more general sense as meaning to be granted to him and of the anthorised allot; to yield." It appears to me that an works in connexion therewith..

examination of the whole of the context shows The next Hub-section is very maturial. It is that in section 7 (ri.) the word "award" is used in the general and not in the special or in the following terms-

technical sense. It will be noticed from the passage quoted above that Russell, O. J., in his jugment speaks of "an equitable allotment or

use of] coropensation for injury."

"(ci) In case any lesson shall not signify his acceptance in the manner and within the time provided in sub-sections (ii) and (iii) of this section he shall have no claim to any compensation in respect of any depreciation of his lot by reason of the said works, at the Governor may if he thinks it award to him such a sum of money or such a Crown lease of new land as ho may in his absolute die eretion think suficient us and by way of compensation for any injury that such lesso may have sustained by the said works. Sub-section (vii) provides for the payment by

Schedule to the Ordinance.

There are, in my opinion, several serions difficulties in the way of holding that section | 7 (vi.) of the Ordinance establishes a proced- are by way of arbitration, with the Governor as arbitrator, for awarding of compensation in cases such as the ons now before the Court.

in court.

The third dofondant stated that he had no

thing to do with the throwing of stones. He was

the International Hotel, however.

Hongkong and Shanghai papers concerning the former Director of the Chinese Telegraph Macao Co, at Shanghai, who was arrested at and detained ponding the question of his extradition. It may now interest some of your roadors that the unfortunate individual, King Lion-shan, is still in prison, whatever has be come of the question of his extradition. His

the sympathy of the foreign residents in China and indeed of all friends of justice. Events in grievance is no, slight me, and is well worth

Chins, subsequent to King's arrest, have been

The fourth defendant, a Frenchman, said he public attention and preoccupation from por- went to the International Hotel at a quarter-sonal grievance; otherwise the cast of King past eight, but was not allowed to enter by the would certainly have brought forth a strong English sailors, who struck him and threw bricks at him.

He admitted that he was sing protest of righteous indignation. log and was a "Ittle jolly," but by no means

drunk.

The European constable who arrested the first and second defendants said they ware ran

14 days' hard labour.

A SOLDIER'S DRUNKEN FEEAK.

.

A private in the RA. was charged with disorderly conduct st Peddar's Wharf.

Defendant-Not guilty, sir--I mean to say guilty.

The facts of his case are very simple. When the Empress Dowager at the beginning of this your contemplated and even decreed the deposi- tion of the Emperor, the manager of the Tele Inspector Gauld deposed that the four defen-graph Co., u prominent member of the Chinese anta, when brought into the charge-room, were community, at Shanghai, headed the list of The third defendant was discharged, the signatories to the telegram of protest, sont by anistakably the worse for drink.

That action brought upon him the indignation The fines were paid.

of the Dewager and her ministers, and Shang others being ned $5 each, with the option of prominent Chinese of Blunghai and other ports.

Tootsi was ordered to produos the offender, King consulted his safety by flight, and took an early steamer for Hongkong. He was ill- advised enough, however, for some reason or other, to come to Maine. There, according to his own statement, he received word that the seting Viceroy of Nanking desired to see himi, and trusting to that official's goodwill and sincerity, he was about to leave for Shanghai, when he was unexpectedly arrested here at the request of Li Hung-chang. Trusting still in the justice of his cause and the sincerity of high officials, he says that he wanted to proceed at. once to Canton to present himself to the Vice- rey. His friends, however, better advised per haps, persuaded him to the contrary; and then, once arrested, he was a Portuguese prisoner,

P.C. 61 said the defendant jumped into the harbour and started swimming about. Witness shouted to him to come out, but he refused to do so, and a samyan had to be procured to get him on shore.

Defendant-I was intoxicated when I jump Magistrate-Three dollars or 14 days. The fine was puid. -. :

In conclusion I may say that, although I am of opinion that the plaintiffs have failed to estabilsk their claim to relief at the hands of this Court, I fully inderso the language used by Fielding Clarke, J., at the end of his judgmented into the water. in Ryrie v. The Attorney General supra-

Such a power of legislation must of necessity include the power to modify, alter, and even destroy, existing rights, although of course the no injury greatest care should be sxercised that

of his claim. Further, an arbitration implies any facts and reasons which may be put forward

by two perlies before an arbitrator in opposition to it. or umpire,

The result of the views which I bave now expressed is that the issue of low which has been argued before me must be decided, ad versely to the plaintiffs and that judgment

When he was arrested, those who were fami liar with Portuguese jurisprudenco said that he could not be detained beyond eight days; at the end of which time he would have to bu sot free, if not previously extradited.

In the first place there is no machinery of arbitration provided, either by express onset- ment or by the familiar method of incorporat

FETTI OFFICER IN TROUBLE, the lessees of proportionate part of any oing the provisions of other statutes relating to

A petty officer in H.M. Navy pleaded not. of new land as, he in his absolute discretion with the worke, and sub-section (viii.) directs ed lesten preferring his claim for loss or damage be inflicted without adequate compensation." guilty to disorderly conduct whilst drunk, them such sum of money or such Crown loase traordinary or unforeseen expenses in connexion arbitration. Nothing is said about the aggriev

The complainant in this case is one of those think sufficient by way of compansatan for anch that an unch of the cost of the works as is within a prescribed time, to a prescribed person, though the legal right is taken away, yet it loss and damage, they called upon and required not contributed by the lessoes is to be dofrayet or in a prescribed manner. Nothing, again, is cannot but be a point of honour with the injured at the fire in Queen's Road Central on the then Aoting Governor, Major General out of the public revenues of the Colony.

said about the Governor inquiring into such Govertor to pay full regard to the moral Sunday morning, and the case was adjourned W. Black, C.B.. to inquire into the loss Section & will be dealt with presently.

loss or damago, whether on a formal claim pre- right: And where much right is alleged, for a weck pending his discharge from hospital. and damage sustained by them through the Sections 9 and 10 have reference respectively to farrad or otherwise. Supposing that he does I have no hesitation in saying that the claim the defendant being meanwhile liberated on bail and was not free to leave Macao. operation of the Ordinance. On the 22nd foreshore and other rights and to the mair.- so inquire, the enactment is silent as to the ant ought to be allowed a full opportunity of of 810........ NORWEGIAN RUNS AMUCE. Narember, 1898, Major-General Black protenance of the sea-wall and reads of the Dow right of the aggrieved person to appear before setting forth the grounds on which his alleged

A Norwegian sailor pleaded not guilty to fessed to award to the plaintiffs the sin embankment.. of $15,000 by way of compensation for the loss. 1 form of agreement is contained in the him or to subunit evidence to him in support | right rests and slao of knowing and answering behaving in a riotous manner whilst drunk, and assaulting Bombardier Richardson, Garrison and damage sustained by them by reason of the execntion of the works. But Major-General The historical position of the plaintiffs' claim | a prove there is here no indication as to

Military Police.

Eight days passed, and King remained in A European constable stated that he saw the Black did not make any proper inquiry into the has now, I think, been made clear. They were who the party other than the aggrieved lesson plaintiffs' claim or into their loss and damage; Crown lessees and, as such, marine lot-holders he did not hear the plaintiffs, by themselves or affected by the scheme who did not enter into may or should be. Still further, the provision

defendent running about Ship Street, knocking prison. Months paised, and the question still

The domplainant said the defendant came

and left King in prison. Then came the mem- by their counsel, in support of their claim; he the agreement mentioned in the Ordinance, and that the Governor may, if he thinks fit, aware

averyone down and carrying on like a madman. dragged on Governor Galharde went away, the aggriored losses such a sum of money or

rushing down Ship Straet, apparently crezad costs of suit, gave them no opportunity of calling evidence they allege that their property having beanie

He made for the complainant, orable events in the north. Finally the case bis absolute discretion, think sufficient as com Mr. Francis ventured to remind his Lordship with drink. to prove their less and damage; he illegally and depreciated in valne by the execution of the such a Crown lasse of now land as he may, in must be entered for the defendant, with his improperly received griduce put in by the Go-works, it was the duty of the Governor to hold pensation is inconsistent with the idea of arbi- that in a previons case with relation to the who offered absolutely no provocation, and gave got out of the court, and the report of that tri- bunal was submitted to the Council governing vernment in opposition to their claim without an inquiry into their claim for compensation.tration, because in a proceeding by way of arbi-

The defendant said he was so drunk that heal interim. That body did not see fit to take giving them any opportunity of knowing what They further allege that the Acting Governor

from the Court that in any settlement to be that evidence was or of contesting it, he took did hold such an inquiry, but that he held it tration the award is not made if the arbitrator Present claim there was a very strong intimation him a deliberate kick in the stomach, evidence in their absence and behind their backe; in such a one-sided and improper mannor stor umpire thinks fit bat it must be made, nor made the costs should be taken into considera- did not remember anything that happened.

is it made according to the absolute discretion And finally his so-called syrard was not in ao- the Court will set aside the award founded non of the arbitrator er umpire but it must be madation, good, bad or indifferent, had been given. His Lordship What has been done with that cordance with puoli evidence as was put before it. It remains to consider whether, having according to the very right of the matter. And suit? Is it withdrawn?

in the last place it is not likely that the Legisla him, he wholly disregarded it, and added to gard to the provisions of the Ordinanes, the

Mr. Francis-It is not withdrawa; it stands the plaintiffs a much less sum thin they ap Court has jurisdiction to inquire into the con-

ture would be guilty of so grave a departure on the record. dact and proceedlings of the Acting Governor, from custom and precedent as to constitute as peared to be entitled to on the evidence.

The Attorney General-Of course, there are These are the allegations of fact on which the and, if necessary, to set aside his award.

The general scepe and purpose of the sole arbitrator an officer who is charged with the two sets of costs. As regards the costs of the plaintiffs found their claim for relief, The

execution of the works, whose sympathies must action against Sir Willian Robinson, your rolier asked for is that the award of the Acting diance we sufliciently plain. The Legislature almost necessarily be with the officers engaged Lordship had only the advantage of hearing Governor, Major-General Black, may be set of the lay recognized that it was a matter in carrying out the works and against the non- one side in that matter. You heard the full aside and may be declared by the Court to bogat importance for the health and commerce assenting lesseed, and who also will naturally be

argument of Mr. Francis - of the Colony that a large reclamation of the

Me. Frands You beard the Attorney General for days. I proceed in the mort place to examine foreshore opposite the City of Victoria should reluctant to make too heavy calls on the Trea

Two other observations of a similar purport/

His Lordship-If I remember rightly you the provisions of the Ordinance under be ade and a deep water frontage provided, sury for the benefit of aggrieved lessees. which the works which the plaintiff's allege and, a majority of the Crown losses affected by have caused loss and damage to their pro- the proposed works having agreed to contribute suggest themselves. In the first place I am argued it fally,

to the cost of the works on certain terms, it inclined to think that the words used in section perty were executed. The Ordinance is atm- herod 16 af 1859, and it was enacted on the proceeded to make provision for the execution (vi), namely, that a non-assenting lessee 10th May, 1889. Its title is "An Ordinance of these works. The duty of carrying out those shall have no claim to any compensation in works was imposed on the Governor, and he was respect of any depreciation of his lot by ressou

null and avoid,

to.

carry

of

of

On the first large he was fined two dollars or 7 days, and on the second, five dollars or 14 days.

The fines were paid.

LARCENY.

it upon itself to sot the prisoner free, and the case was referred, with all the documents, to Lisbon.

Then came another spell of waiting. The now Governor came, but there was no news.for

Shok Cheung and Cheung Sam, fokis, were charged on remand with entering a house at the prisoner of the mountain. He passed the 61, Connaught Road, and stealing therefrom two hot summer in confinement, and there he is still large vases and one ornamental bronze clock at the approach of winter, without a word from value $140, the property of their employer. In the Portuguese capital to show that any notice connection with this cassa lukeng was recently fined $100 for violating his duty and falsely is taken of his case. It is true he is not treated accesing s coolie of being the man from whom badly. He has the liberty of the Monte Fort, bought a pawaticket for one of the articles but being old and infirne and accustomed to the stolen.

Evidence

once was led which showed that the conveniences and amenities of home His, with The Attorney General said, he had prepared vory elaborate argument which, he thought. prisoners, with a third man not yet arrested, ware his family around him, he feels his confinement would have had the result of a verdict in his seen in Torsiem Street by a Chinese constable, very much. favour with ceste, but he never had an oppor with the stolen goods in their possession. They

he

Moreover, there would seem to be

wither out a schieme for the Roolamation invested with full and absolute powers for that of the works, are so clear and absolute in their tunity of putting before the Court his view. The dropped the things and ran, but the two de-

her friends have enough to think of, without the foreshore opposite the City of Vloteria

parposo. The preamble is in the following terms

"But it was obvious that, insomuch as signification as to extinguish only the right actual facts were all on record. A mandamus fendante were pursued and arrested. The third reason for his detention. The Dowager and The defendants were sentenced to three caring for the punishment of an offence which Whereas the foreshore of the harbour of large and valuable interests were affected by of obtaining compensation by the direct award was applied for in the previous action for the man is still missing.

events have thrown into the background. Victoria is in process of silting up to the detri- the scheme, the progress of the works might be of a court of justice but alse the right of ob- Court to order Sir William Robiason to take

Hoping that this statement of Mr. King's. ment of the health and commerce of the Colony,seriously delayed if the proprietors of those in taining it by the award of an arbitrator or in into consideration and investigate the claim. months hard labour each, ale

Nineteen Chinamon were brought up and grievance may interest some of your readers, I and it is expedient to put a stop to each process terests were at liberty to soak redress in the any other way The right is wholly taken away. His learned friend argued in favour of that.

GAMBLING PROSECUTION. and to provide a deep water frontage; and Courts of Justice for any injury to their in- and there is onberituted for the chance of of He the Attorney General) prepared as whereas the area of level land for building and terests which might be caused or supposed to be taining compensation by the genes of the Coy argument in reply, bat, owing to pressure two of them charged with keeping a common for roads and quays and open spaces along the caused by the areontion of the works. Acoerdernor Compensation is to be recovered, if at of basiness the Court did not continue the gaming-house at 9, Ku Lan Laze, the others am, yours, etc.,

hearing, and in the meantime Sir Wil with gambling there, ses front of the City of Victoria is insufficientingly the Legislature obviated this donger by all; not ëw debito justitiæ bat ex gratiâ.

X.