1901-09-13 — Page 3

law; and that the judges of overy Court are bound to enforce its previsions according to their spirit, in such a manner as most effectually to rellare the sabject from illegal imprisonment. But though it be a remedial law so far as it respecte thone persons for whose protection it was framed, it is grievous in its penalties with respect to those persons who neglect the duties thereby imposed upon them. It is remedial quoad some persons, but it is penalquoad others." Heath, J said-In the first place, thero fore though I

admit that this is a remedial +yet I consider it es penal with stutute.

this dofondant" (who was a gaoler). raspect to this

okt raid It appears to me therefore that gaplers are entitled to all the protection which the law can afford then consistently with the liberty of the abject."

Naxl as to the scope of the Act or the matters to which the Act relates.

In the preamble of the Act ocour the words King's subjects... committed for criminal In section 2 opposed criminal matter." ar the words All persons imprisoned for any Knch criminal or supposed briminal matters"; and in section 9 is the following" Any person or persons, subjects of this realm, mited to any prien or in enstody of any officer or officers whatsovar, for any criminal or sup- posed criminal matter.

Com-

In the preamble of 56 Gea, 3 c. 100 it is rocited as follows-"Whereas the provisions made by an Act passed in England in the thirty first your of the reign of King Charles the Secul intituled, etc., etc.. only extend to cases of commitment or detainor for criminal or sap- posel criminol matter."

In the case of Rox. Hobhouse, 2 Chitty's Beports, at p. 211, the Court said the Habens Corpus Act clearly does not apply to a case of this description. Lecause it is confined wholly to the cases of cominitment for crime, with the exception of felony, or the suspicion thereof," The

or the suspicion thereof are an words interpretation of the phrase "supposed criminal matter," which occurs in the Act.

In the case of Cobbett v. Slowman 9 Frch Reporta p. 633, Maule, J., said "It appears to be very cles, from the whale scope of the Act 1 Car. 2. that its principal object was to expedite the trial of persons in custody under some criminal charge."

Having adverted to the construction and scope of this Act, I will consider the moan- ing of the expression criminal or supposed criminal matter."

The case of Cobbett v. Slowman, reported in 4 Exchequer Reports, 747, and on appeal by of writ of error, in Exchequer Reports, 28) is instructive on this point.

It was an action of tabt for £300 för penalties ainder the Statuts 31 Car, 2 6 2 and a brought under the ninth section of that dot, by which it is provided that no person in custody of any offer for any criminal or supposed original matter shall be removed from such custody into the castery

of any

other officer except in certain authorised moles, and that any person who signs a warrant for each removal contrary to the Act shall incur the paina and forfeitures already mentioned in the Act, viz., in the fifth section of the Act.' The first count of the plainti Cobbett's declaration stated that he was à prisoner and in the custody of the defendant Slowinan at lock up for a certain criminal matter, to wit, a contempt of Court.

Thus the very point now under consideration was prominently before the courts of Exchequer and Exchequer Chamber, vis, the interpreta tion of the phrase criminal or supposed crimi zal matter, and was before that Court on an aotion for the recovery of a penalty It was thes raised in exactly the same manner as the question is raised in the present action.

THE HONGKONG DAILY PRESS. FRIDAY, SEPTEMBER 13TH, 190

was properly cagnisable or was he in custody for an offence for which he was by trial amen- able to law? Clearly not, in my opinion.

LAND COURT.

Thursday, 1th September,

BEFORE THE HON. H. E. 'POLLOCK, K.C. (PRESIDENT) AND MR. H. H. J. COMPERTZ,

THE CLAIM TO AN ISLAND.

For the plaintiff it was argued that the ox- pressions of jadical opinion which have been sited were mere diets, and, as such, not binding. Assume that they were dicta, and that this opinions concerning dieta expressed by Jessel M. B. in Quilter v. Heatly 23 Ch. D. at p. 49 and 147 should in ex-parte Willey 23 Ch. D. at p. influence the Court. Yet, the Court may look to these diets for guidance in examining the Act

The case in which Kam Po, alias Cheung of Charles, and may adopt them as expressing its Can Fo, a Kowloon farmer, is called upon by own view of the words of the Art: and having the Land Court to prove bis claim to the islad examined the words of the Act, I have a dab of Num Fat Tong, otherwise known as Tam that the curroot interpretation of the expressloo Island, which he sold and which is

crimind or sopposed criminal matters contained in the already quoted opinions of the now held in ownership by Mr. A. H. Rennie,

merchant, was resumed. eleven judges.

It was further urged by Mr. Sharp that the dicta in question were conflicting,

WNS

The first witness called was China Po, a watchman-in-chief for Mr. Roorie. He stated that he looked after the temple on the island of Tam To.

One dictam may not go so far as another, but the dicta do not present themselves to me as

In reply to Mr. E. Robinson, barrister-at-law, being in untagonison

Another contention at the bar for the plain who appears on behalf of Mr. Ranvin, the Court that the Governor in Council, in interpreter said that although he understood tit sxorcise of a duly conferred power, had add the dialect spoken by the witness, the latter did the punishment of banishment and detention not express himself very clearly.

Proceeding, witness said he lived an the pending banishment, to the ordinary punish

est indicted by a Court of Justice, that this island of Tam To for sixteen ar seventeen punishment had been added because the plaintifeurs, and then, having obtained a lease on

Nam Teng. he went to live there. had been convicted of criminal offences; an

was at Nam Tong for Hfteen years. that plaintiff was therefore a person convicte! and detained under n warrant and in respect Ta To the witness and fire other man of a criminal or supposel criminal matter underred in hats and cut grass, which they ex- the joist meaning of the 5th section and of the hanged with people in Shankiwan for provi- sious. The respective amounts of grass and Act generally,

provisions exchanged were noter, and if at the end of a certain period the one exceeded the other in value, the balance was paid in money,

This validity of this contention entirely depends on the meaning of the words "criminal or supposed criminal matter."

JUS Ware

Assume the correctness of the statement that the Governor in Conneil had added a puish. ment to the punishment inflicted by a Court of Justice and that such punishment was added because the plaintiff had heen wonted of misdemeanours. it still remained to u shown that misdemeanors for which they ishment inflicted by some Court where the off properly cognisable bad been suff.... d, were within the meaning of the words "erminal or supposed criminal wattor" as copiously inter proted by the judges. On the 14th of August, at the time when he was under detention by the defendant, Fe, was undergoing punishmen under the order, the plaintiff was not in custody, i.e., was not undergoing additional punishment, for an offence triable because he had already been tried. Nor was he in custody on account of a criminal charge (to use the language of Pollock, C.B.), upon which he might was he in be brought to prison to wo the hnguage of the eight judges reported at p. 634 of Exchequer Be porta), upon some charge for which he was liable to be tried: nor. ostly, was he a party who sither had been committed for trial which he was awaiting under detention, or had been tried and was undergoing sentence of imprisonment.

It is my opinion, therefore, that the second detention on 14th August under the order of banishment is opposel to the fest detention under the magistrate's warrant, was not a detention in respect of a criminal or supposed

according to the judicial! criminal matter" interpretation which has been placed on that expression.

trial:

nar

On

The witness was questioned about the loave for the island. He was asked if he had seen it, but his reply was not a correct answer to tho Mr. Robinson-I ask that the answer might question, and the Court did not vote it.

President Not until we find out when he first saw the lesse.

be taken dow11.

Mr. Robinson-Very well,, I usk that my request be noted.

President You must abide by the rule of the Court.

Mr. Robinson-Certainly, yon: Lordship By the Court-The hill on Nam Toug is called Nam Fat Tong, and was so called by former people. Nam Fat Tong is one big hill. I do not know say place down by the beach called Nam Fat Tong, only the hill. Nam Tong is marer than Tam To, sud is a long way from that place. Nam Tong is nearer Shaukiwao.

The interpreter here explained that the wit nes had added that he understood the question to relate to Num Fat Tong, and had replied that the island was not near Shaukirou.

Mr. Robinson- should like that to be noted, because I think it is of some importance The Court directed the interpreter to ask about Nau Tong

Mr. Robinson asked that the question, the There was no contention,-so-far--Im-swer, and the observation be taken down,

The President book down the question and ber, that, because the expression in questida is not to be found in section of the Hale answer. Corpas Act, that expression was not to be rend into the section: nor was it, to my renu brance, contended that the 5th section of the Act was not confined to matters arising within the Act, but extended to all matters for which, persen by the common law or by any Statute,

Palma sricus The words, “enpposed taay be committed or imprisoned or detainal criminal I apprehend, are intended to If, however, such contentions were advanced; I mast the case, whers a charge is instituted am of opinion that, by virtue of the scope of against a person, which may or may not turn the Act into which I have already examined, ont in the event to be a criminal chargo; as, the words "criminal or supposed criminal for example, where the facts udduced in support matter" are impliedly incorporated into section of the charge are insufficient to prove it, or 5, and that that section is limited to matters where may fail fa point of law But, I take specifically treated of in the Act.

The Court has hitherto dealt with the order it that the whole se of this "Art of Parlia- ment ha reference to Driminal charges upon as an executed warrunt: in the plaints counsel also alluded to the date of the order of which the party may be brought to trish."

Parke, B., said I agree with what has banishaient, viz., 1st August, 1901, when it was been said by the Lord Chief Baron in this an unexsented warrant. On that date, he said, case

He also stated, concerning the Act, that the plaintiff was in fact à criminal in jail under it onfed to persons in custom for offences sentence passod by a magistrate; and on that triable in die Comst of the then Geen's Bench, date the order was a warrant of detention for or at the Aasites or Sessions, or in some other & criminal matter, viz., for attempted larceny Court where the offence was properly cagnis from the person. able. He added I bave no don't that the Act does not apply to any one where the party Is in custody for an offence for which he is not by trial amenable by law.

The plaintif took the case to the Court of Exchequer Chamber, where the judgment of cight judges was delivered by Menio, J., sirm ing the judgment of the Court of Exchequer.

In the course of that judgment, which is reported at pp. 633-8 4 of 9 Exchequer Reportz, J.,aid-"There seems ne reason why Matile din construction should be put on the words oriminal or supposed criminal matter in that section (the ninth), from that which they bear in any other. We (o oight judges) entertain no doubt that they apply only to ones where a person is in prison upon some charge for which he is liable to be tried.'

In addition to the opinion of the ten judges of the Court of Exchequer Chamber and of the Court of Exchequer Chamber, there is the expression of the opinion of Patteson, J. who in Curus Wilson's me, 7 A sud E. N.S. at p. 1,010, mid- That Statute, viz., the 31 Car. 20.2, applics, I think, only when the party has been committed for trial, or habeen tried, the obvions menning of the rod judge being, where the purry has been committed for trial and in custody awaiting trial, or has been tried and is undergoing a sentence of imprisonment.

I proceed now to apply there expressions of opinion to the matters for which the plaintiff was in custexly under the order of banishment Issued by the Governor in Council.

This statement in the order of banishment of the grounds upon which the order w made rune as foliows →→

That the said Leung Kun-yau has been enes, convleted in the Police Court of this Colony for attempting lareony from the person and vegTenor that, in the opinion of the Governor

I do not grasp tlie argument to be founded on the fact that, when the order of banishment was made, the plaintiff was is person under a magisterial warrant of commitment.

Mr. Robinsou-I would ask the Court to note what the interprater remarked that the witniss understood him to mean the island,

President-The Court will certainly not do anything of the sort.

The examination proceeded, and after i witness had been stand- time, when the ing altogether about two hours and a half. Mr. Robinson asked if the Court had fixed a definite time for rising.

President-No.

Mr. Robinson-Of course, to its judicial dis. cretion.

The President and Mr. Gompertz consulted, and decided to note the question and answer, but to add a remark that it was done at Mr. Robinson's request, and that the Court did not consider it was evidence.

In the course of this witness's examination, the Court disallowed four questions by Mr. Robinson (1) What was the axes leased to you under or by virtaa ofthat lease (wxhibit C). (2) What was the area over which your tenants exercisul rights under or by virtue of the lease?) Under this lease did you claim the whole island except an area of about 10 eheungs around the Eshing stakes or matsheds? (4) Was any portion of the island excluded from the lense to you?

3

NOTICE TO CONSIGNEES.

FROM CALCUTTA, PENANG AND SINGAPORE. HE Steamship

**ARRATOON APCAR,”

Cargo remaining on board after 2-P.M., on the 12th inst,, will be landed at Consignees risk and expense into the Godowns of the Hongkong and Kowloon Wharf and Godown Company. Limited.

I entitled to mak- the Court to do as he requested. 'ses withont passes, or gone into the interier by The President-No, you are not entitled to land from Muscat." It may be readily con- ask the Court. It is entirely loft to the dis|ceived whither the weapons which were taken cretion of the Court.

away by sea without passes eventually arrived. The other half were re-exported by soa under passes to the small portsf Northern Oman, Captain Cox says that the demand for arma in the Northern Oman ports is very small having arrived from the above ports, Consignees indeed, and that the greater part of the rifles of Cargo are hereby informed that their Goods sent thiller "have boen deflected to other will be delivered from alongside. markets in the Gulf." Let us put the matter Cargo impeding the discharge will bo'lardėti, more bluntly than this Consular officials are able at onev, to do. Muscat has become once more the centre of an illicit trade in arms. It is pro- bable that some of these rifles are again, by davions routes, reaching the tribesmen on the Indian borderland; it is indisputable that the

Consignees of Cargo from SINGAPORE bulk of the arms are entoring Scuthern Persia, and that the traffic is preparing the way for and PENANG aro requested to take IM- trouble in that region. Might not the influence MEDIATE delivery of their Goods from of the Government of India be again exerted alongside; such Cargo impeding the discharge towards securing the suppression of a trade so of the vessel will be landed and stored at

all of elements of danger Herein is a paradox Consignees risk and expense, of Empire: Government maintain warshipa in

No Fire Insurance will be effected. Bills of Lading will be countersigned by the Gulf to preserve peace, and Birmingham

DAVID SASSOON, SONS & CO.. manufacturers and London exporters ship out

Agonis. whole cargoes of rifles and cartridges which can only destroy peace.—Times of India.

Hongkong, Uth September, 1901. |2310

"BEN" LINE OF STEAMERS, LATEST STEAMER MOVEMENTS

NOTICE TO CONSIGNEES,

8.8.BENMOHR." FROM LONDON AND STRAITS,

ONSIGNEES of Curgo are hereby in- formed that all Goods are being landed at their risk into the Godowns of the Hong- kong and Kowloon Wharf and Godown-Com- pany, Limited, whence and/or from the Wharve dellvery may be obtained.

The next witnow was another watchman in Mr. Rennie's employ, an old man, who was allowed to sit down whilst making his state ment. He said he bought a leass for a piece of land on Na Tong, for which be paid a dollar a year into Cheung Cum Po's hands. The island was sometimes called Nam Fat Tong, sometimes Nam Tong. Witness had so $65 surrendered the lease, and received for it from his employer. Mr. Ronnie, in the presence of the latter's solicitor and Cheung Cam Po He had now no further interest in the land. Formerly the witness had supplied water from a well on the island to junke, and when wafur was scarce the charge was twenty or thirty and it was plentiful for a small sampar load; the charge was only ten cents. The junk people part in fish or money. Witness also supplied them with grass which he got from the ealtivators.

By the Court Witness hal bailt a shop on the island, and it was still there. Po was the well. Nara Fat Tong, or Nam Toug, wa sitaated wear a pond (bay). It was called by some people Nam Tong Chau, and by other people something alse. Witness-did not know if a part of Nam Tong island was called Nam Fat Tong, but the place opposite the teraple was called Nam Tong. He could not say how Wituers big it was. It was on the seasliore, knew whore Tum To bench wax-it was on the west side. Sumpan Po, was on the north-east side of the temple.

By Mr. Robinson-By the question as to the size of Nam Tong, witnesses referred to the bay, and he could not say what size that was,

President-Do you mean that Nam Toag is a sheet of water?

The witness replied in the affirmative.

By Mr. Robinson-Witness went to me some irismis on an island which he know was called Nam Tong bill or Nana Tong island.

Mr. Rennie was then worn, and examined by Me Robinson. He said he was the pur. chaser from the climat of the island known 48 Nam Tong. and the circumstances of the transaction were as follows:-About the begina. President-And the witness answered some.

ing of the year 1900 the price of food here weat up so high that it was suggested by the Colonial thing about Nam Fat Tong. That is what I cannot understand. Is that to the intrepreVeterinary Surgeon that Mr. Kounio should..

start a mixed stock farm. Mr. Renule went to ter)?

Interpreter-That is what I understood him

see the Colonial Secretary and asked him if it was possible to purchase some suitable had to say.

having grass and fresh water: Mr. Rennie was shown plans of land in the New Territory, aud next day, in company with the Colonial Sacre- tary and two others, he left Blake Pier in No. 1 Police launch and visited one or two places in the New Territory, which, however, were found unsuitable either because there was no grazing or because there were too many people in the neighbourhood. The reasen Mr. kennis was desirous of securing suitable land was that ble sheep were tying in great numbers where they already ware Mr. Ormsby after pards, together with his fand bailiff, wok Lim to inspect another island, but again there were too many people in the vicinity, to get rid of whom would have given a great deal of trouble. In September, 1900, a band broker came into Mr. Rennie's office, and said there was an island beyond Lymoon where water and grass could be found. Mr. Rennie went next day with the land broker and Cheung Cum l'o and inspected the island, Tam To. which he found suitable. On the way back to 1 Hongkong, in the launch, Mr. Rennie asked how much Choong Cam Pe wanted for the island, and he replied "Ten thousand dollars. Mr. Rennie replied that he would not give hita a thousand few days afterwards he came to Mr. Ronnie and said he would let him have the island for 31,000. To this Mr. Rennie agreed on the conditions that he was given a clear title and that Mr. Ladds, the Colonial Veterinary Surgeon, found the grass and water sufficiently good and plentiful to warrant the transferring of the sleep to the island. Both conditions were ultimately satisied, and Mr. Hennis gave Cheung Cum Po $100 down and the balance of the $1,000-–$180 of which went to Chiu & Po and $65 to Yip s Kee of their louses when the lee in considerationed Mr. Stovons drew up the papers. The price paid for the island, therefore, was $1,000, exclusive of brokerage.

Mr. Robinson-I notice the witness is looking rather tired, and I am afraid he might not be able to fix his mind on the questions put to him. He is over 50 years of age, and I beg to ask that the Court gives him permission to sit down.

The request was granted.

Mr. Robinson afterwards questioned the wit- Bess, who said he knew what an island was. It was a solitary thing."

Some difficulty was experienced in getting the witness to give a specific name to the island of Tam To, which appeared to have a

For the purpose of ascertain variety of names. ing what the island was generally called, Mr. Robinson drew some word pictures which were intended to meet the simplicity of the witness's sind.

There is no relation, beyond a coincidence in time, between the fact that the order of banish- out was made on the 1st August and the fact that thuplaintiff was in prison on the 1st August: the imprisonment of the plaintiff had nothing to do with the making of the order. Moreover, it is the reply incorrect to say that the order of banishment

Supposo," said Mr. Robinsen, two janks most out at sea, and they could just so the top of the peak, and suppose one asked the other what the name of the island was, what would be The witness did not know; they might call

was based on the ground that the plaintif Lady Robinson had another try. Supposing attempted areany from the person.

A careful exninization of the statement of

the grounds on which the order was made sllows that one ground was that the plaintiff had been. onos convicted in the Police Court of this Colony for attempting larceny from the person and vagrancy.

It is clear therefore, that one ground for the meking of the order was the fact of conviction und not the fact of attempted larceny from the person

A conviction for a criminal matter, and the criminal matter for which there has been a can- viction are not the same thing. A conviction may or may not be an element in a criminal matter: at the best it is nothing more than an element,

Accordingly at the time when the order of Janishment was made, that order was not a warrant of detention for a criminal matter.

Bat further, as the order of banishment was not cogaisable by this Court until it had been executed, I iocline to the opinion that the real grounds of the crder to be examined by the Court would be the grounds as they existed at the time when the hitherto dormant order, which was till then worthless, was executed, if any circumstances had supervened between the date of making the order and the date of its excCU- tion to put a different aspect upon the grounds

mat he is dangerous to the of the order. peace and go order of the Colony

Mr.

you wern on the back of a dragon_right over the island, or in a balloon looking down on it,

what would you call it P

By the Court-Mr. Stevens had the docu

President He would call it the nightmurements translated. laughter).

Mr. Rollason-Supposing the dragon asked the name of the island, what would you say?

Witness--No one says "what island." Mr. Robinson proceeded with his other ques tions, and the Court afterwards ross for lunch, On resuming, the witness was again examined at length.

A

By the Court-The cost of building the on Nam Tong was said to be temple

was not aware about 8500, bat witness- whether or not the Kowloon people and junk people subscribed towards the amount." theatrical performance had once been given at the temple, three or four years ago, and the owner asked the junk people to subscribe towards the cost. The performance was given because the fishing had been very successful. Witness was only caretaker of the temple, und

to do with the performance. had nothing to

In reply to a question by the President as to whether the fields on Nam Toug were temple lands, the witness replied that they were left by Cheung Cum Po's ancestors.

it.

By Mr. Robison-Witness had spent some money on the island, which, for grazing pur- poses, he valued at $10,000.

Before the Court adjourned, the President suggested two points for Mr. Robinson's con- sideration—(1) the question of prescription, and (2) the non-payment of taxes,

The hoaring will be resunied a fortnight hence at 10 a..

=

The N.Y.K. steamor Tamba Mure (European Line) left Koba via Moji for this port on the 11th inst., and is expected to arrive here on the The A.L. steamer Trieste left Singapore for thus port on the 11th inst., p.m.

18th inst.

E ARE SOLELY WINE

WE

AND SPIRIT MER-

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LNABLES US ΤΟ

SAVE

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H. PRICE & CO.

12, QUEEN'S ROAD.

Hongkong, 3rd September, 1901.

THE

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[2053

Hongkong, 6th September, 1901.

FROM PORTSMITH TO PEKING VIA LADYSMITH WITH A NAVAL BRIGADE. ILLUSTRATED WITH FOUR MAPS. **.

On Sale at "DAILY PRESS" OFFICE, LOCAL BOOK- BELLEES, SOLDIERS' CLUB, SOLDIERS" and SAILORS HOME, ROYAL NAVAL CANTEEN.

Price $1 per Copy Paper Covers; $1.50 in Boards.

(782 Hongkong, 18th March, 1901

NOW READY.

DOUND VOLUMES of the

HONGKONG WEEKLY PRESS JULY to DECEMBER, 1900. With INDEX Price $7.50.

B

Hongkong Daily Press Office, ---Hongkong, 3rd January, 1901

GUN-RUNNING IN THE GULF In his annual roport on Persian Gulf affairs, Lleuenant-Colonel Kemball, the British Resi dent at Busbire, has drawn special attention to the danger arising in South Persia in conze- quence of the snormens importation of arms in recent year25, Ten years ago." he says, “a Martini-Henry rifle was rarely seen. Now even in the town of Busbire itself armed men are constantly seen, and in the adjacent villages Martini-Henry rifle." The reckless way in A there can hardly be a man who does not possess a

NOTICES TO CONSIGNEES

STEAMSHIP "NATAL." COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE.

ONSIGNEES of Cargo from London

CONSIGNEES, of Cargo for us, don

Bearing in mind that the plaintiff had served tiff had completed his rentenes of imprisonment evidence, and was averse to noting that it was cing the embargo at the larger ports, and last Treasure

Mr. Sharp also argued that when the plain-, under the magistrate's warrant, the attempted larceny from the parson would remain" a criminal matter," though the plaintiff himself might cease to consider to be a erirsinal. Without staying

and Valuables are being

which arms bare been poured into Persia has, Mr. Robinson asked that question and answer in fact, brought about a situation that at

BUY be noted.

moment may engender internal strife. Nox

8.3. Ville de Lorient, in connection with The President thought the answer was not has the impurtation entirely ceased even now. above Stormer, are hereby informed that

The Customs Administration is rigidly oufor their Goods, with the exception of Opin Mr. Robinson, in turn, contended his term of imprisonment under the sentence passed in the Police Cent when he was arrested

evidence, and again requested that question your more than 1.000 ridles and 200.000 rounds and stored at their risks into the Godowns of ammonition were confiscated. But Colonel of the Hongkong and Kowloon Wharf and under the order of ban aliment, I uskas he

and answer be noted.

The President and the witness was speaking Kemail says that at the smaller ports, where Godown Co., Limited at Kowloon, whence de in custody under the order of banishment upon

the new customs officials have not yet assumed livery may be obtained immediately after landing

The some charge for which he was able to be tried? the soundness of this argument, it is suficient to from hearsay-of tradition.

Mr. Robinson replied that in such cases u

control, the smuggling of arms continues.

Optional Cargo will be forwarded on unless Clearly not. He was not liable to be tried a point out that even if the misdemeanour re-

a criminal matter and thus was a great deal might turn upon tradition, and said Persian Government is therefore considering intimation is received from the Consignees second time either for the attempted larceny mained from the person or for the specific act of criminal matter, on the 14th August at the he conid not proceed properly afterwards auless the question of purchasing two small gunboata before Noon. TODAY, the 9th inst., request.

to patrol the const and chase down smugglers.ing it to be landed here. vagrancy, nor did the fact that he was dan- time when the plaintiff was detained in the the question and answer were noted. He was

Bills of Lading will be countersigned by the gerous to the pens and good order of the custody of the police by virtue of the order of not obliged to depend entirely upon documents This would be a valuable precaution, but it banishment, navorihelose the fact remains that for his case, although documents were certainly

teens to us that more effective measures are Undersigned Goods remaining unclaimed after Colony constitute a charge for which he was

possible. The centre of the arms traffic in the MONDAY, the 10th instant, at Noor, will liable to be tried

on the 14th August the plaintiff was not detain of greater vaine. He sabaicted that ho was

is now Muscat The quantity of arms and be subject to rent sad inuding charges. Golf is ed, under the order, for a criminal matter,"

ammunition imported into Oman is as great as All claims must be sent in to me on or before but for a conviction for "a criminal matter."

in the days prior to the seizure of the s.a. the 16th inst., or they will not be recognised

All damaged packages will be examined on Beluchistan in 1999. Last year 25,000 rifles. and over three million rounds of ammunition MONDAY, the 16th inst., at 3 p.m.

No Fire Insurance has been effected. were imported into Muscat, chiefly, we regret to understand, by steamers running from

P. DE CHAMPMORIN, Acting Agent. the Thames. Where have these rides gone About half are said to have "left Muscat by

Hongkong, 9th September, 1901.

For the reason, therefore, that the plaintiff's unse does not fall within the Habeas Corpus Act because he was not detained for a criminal

A HAPPY IDEA for a trade mark is the word "LEMCO,” coined from the initials of Liebig's Extract of Meat Co. Many inferior meat extracts seek te trade on the Liebig Company

Again, was the plaintiff a party who had been committed for trial and was in custody awaiting trial, or was he a person who had been tried and was then undergoing imprisonment as the result of his trial ? In my judgment, he was not:

Further, was he a party detained upon a or supposed criminal matter, he cannot main- 36 years reputation and they accordingly ask criminal charge for which he might be brought tain this action for penalties under that Statute, the public to order their extract under the name Judgment will accordingly be for the defen- "LEMCO" in order to measure obtaining the to trial or was he a person in custody for an

genuine article. offence triable in some court where the offencedant, with costs -

11821-1

[2]

C

No Claims will by admitted after the Goods have left the Godowns, and all Goods. remaining undelivered after the 13th instant will be subject to rant.

All claims against the Steamer must be pre sented to the Undersigned on or before the 30th instant, or thoy will not be recognised.

All broken, chafed, and damaged Goods are to be left in thus Godowin, where they will bo examined on the 13th instant, at II AM. No Fire Insurance has been effected. Bill of Lading will be countersigned by

GIBB, LIVINGSTON & CO.,

Agente. Hongkong, 6th September, 1901. | 2983 -QUEAN STEAMSHIP COMPANY.

ONSIGNEES por Company's Steamer

"PYRRHUS" are hereby notified that the Cargo is being dis. charged into Craft, nad or landed at the Go- downs of the Hongkong and Kowloon Wharf and. Godown Company, Id., in both cases it will lie at Consignces" risk. The Cargo will be ruly for delivery from Craft or Godown on and after the 9th instant.

Optional Cargo will be landed unless notion bas Leon given prior to stoumer's arrival.

Goode undelivered after the 13th instant will be subject to rent. All damaged Goods must be left in the Godowna, where they will be examined at 11 A.M. on the 17th instant.

No Fire Insuranen how been offertet.

BUTTERFIELD & SWILE,

Agents, Hongkong, 6th September, 1901,

NOTICE TO CONSIGNEES.

FROM ANTWERP. MIDDLESBRO', LONDON AND STRAITS. THE Steamship

THE

RADNORSHIRE,

Captain Bindloss, havingarrived from the above perts. Consignees of Cargo are hereby informed that their Goods are being landed at their risk into the Godowne of the Hongkong and

and Kowloon Wharf

Godown Company, Limited, at Kowloon; and stered at Cousignees' risk and exponet.

No Claims will be admitted after the Goods have left the Godowns, and all Goods romain. ing undelivered after the 17th inst., will b subject to rent,

All broken, chafed, and damaged Goods are to be left in the Godowns, where they will be examinoil on the 16th inst.. 2.30 P.M.

No Fire Insurance has been offerted. Bill of Lading will be countersigned by

SHEWAN TOMES & CO.. Agents.

(2315 Hongkong, 10th September, 1901: AUSTRIAN LLOYD'S STEAM NAVI- GATION COMPANY,

NOTICE TO CONSIGNEES. FROM BOMBAY AND SINGAPORE

HE Steamship

CARINTHIA," having arrived. Consignees of Cargo are hereby informed that their Goods are being landed at their risk into the Godowns of the Hongkong and Kowloon Wharf and Godown Co., Limited, whence delivery may be obtained.

This Vessel bringe Cargo:-

From Trieste, ex . Thelis. From Venice, an s.. Meteovich, Optional Cargo will be discharged here, unless notice to the contrary be given immediately.

No Claime will be admitted after the Good have left the Godowns, and all Claims must h sent in to the Office of the Undersigned befors NOON, on the 18th September, or they will nat be recognized.

No Fire Insurance has been offected, and any, Goods remaining in the Godowns after 18th September wil be subject to rent.

Bills of Lading will be countersigned by

SANDER, WIELER & CO..

Agents.

19206 Hongkong, 11th September, 1901. THE CHINA MUTUAL STEAMNAVIGA- TION COMPANY, LIMITED.

NOTICE TO CONSIGNEES.

FROM GLASGOW AND LIVERPOOL. THE Company's Steamship THE

· MOYUNE," having anived from the above ports, Con

Goods are being landed and placed ut signees of Cargo are hereby informed that their risk in the Hongkong and Kowloon Wharf and Godown Company's Godowas at Kowloon, where each consignment will be sorted out mark by Dark, and delivery can be obtained as soon as the Goods are landed.

Goods not cleared by the 16th inst, re NOON, will be subject to rent.

No Fire Insurance will be effected by us in any case whatever.

All damaged packages must be left in the Godowns, and a certificate of the damage obtained from the Godown Company, within ten days after the vessel's arrival here, after which no claims will be recognised.

Optional Goods will be landed here unfek instructions are given to the contrary before. Noos, To-day, 9th inst.

JARDINE, MATHESON &Co.,

▲ gents........

[2290 Hongkong, 9th September, 1901: