1908-12-15 — Page 2

INTIMATION

A.. S. WATSON

LIMITED.

&

ESTABLISHED A.D. 1841.

THE HONGKONG DAILY PRESS, TUESDAY, DECEMBER 15TH, 1908.

Monsieur J. G. G. Bertrand line and TELEGRAMS.

monta mentioned in the above series of questions bas inspired the new national ideals, but they all have helped to create and maintain the grand ideal of a Reformed China which shall command the respect of the civilised world. Perhaps the mainspring of ile movement is to be found in China's sensitiveness to the bumiliating position she

CO., occupies in the world, and to a growing

FANCY TOILET

ARTICLES

VERY SUITABLE FOR PRESENTS

sense of her impotence in many directions The time has not long passed-we are not sure indeed that we can even now say that it' has quite passed when the sentiment that there are nose like unto us" ceased to be thoroughly believed in. But the steadily iner.asing impact of European influences is producing its dus effect: a great change indeed has come over the spirit of the people's dream, and what with the new educational movement and the steady extension of the

charge of the French Consulate at Manila.

Lieutenant XX. E. Largo, 3rd Battalion Middlesex Regiment, has been appointed Gar- rison Adjutant at Singapore.

ii

Dr. Sun Yat Son, the leader of the Reform party in South China, is, according to latest advicos, now at Bangkok...

The Government of the Philippines has offered prizes as an incentive to agriculturistë enltivating tobacco.

The typhoon of the 5th inst. seems to have done considerable damage to property in the Philippine Islands. The loss of life on land and sea does not, happily, appear to have been great.

[REUTER'S SERY ICE.]

THE GOVERNMENT AND THE LORDS.

a

LONDON, December 12th. Mr. Asquith speaking at the National Liberal Club, said the vote of the House of Lords must be treated as the dominating issue in politics, but it was absurd of the Lords to presume to dictate the time for The Straits Times hears that Mr. T. H. Reid, dissolution; the Government would choose formerly managing editor of the Straite Times,its own time. The Government would stand who had just returned to London from Singa-

or fall by the Budget, which would raise the pore, has been asked to go on a special mission to the Argentine, leaving England in January. Most acute form of controversy; whether

when the mail loft England.

free trade vèreus protection.

SUPREME COURT.

Monday, December 14th. IN BANKRUPTCY JURISDICTION.

BEFORE THE CHIEF JUSTICE (STB F. PIGGOTT).

A QUESTION OF JURISDICTION.

His Lordship delivored judginent on the important point as to jurisdiction raised in the Bankruptcy of Chan Ya Shan,

a

ANOTHER DOMICILE PROBLEM,

He Wei Long Shang ex parte Yuen Hing. This was an application for the recission of a receiving order, Mr. Hastings appeared for the Bank of Taiwan Limited, Mr. Atkinson for the petitioning creditor, and Mr. Dennys for the debtor.

Mr. Hastings said that curiously enough the question in that onse was similar to that which his Lordship had just dosided, the question of the domicils of the debtor. On behalf of the judgment creditor he asked that the receiving Ho said The questions rained in this case order made on November 5th be rescinded and this court over foreigners are of the atmost a receiving order might be dismissed with costs which concerns the bankruptcy jurisdiction of that the objection of the petitioning creditor for importance. Ihavohinted at them on one or two upon the following grounds(1) the debtor was occasions, but this is the first on which they not domiciled in this colony at the date of the have given rise to soxious argument and I shall presentation of the petition, and the court has deal with the matter as fully as possibly, because no jurisdiction to make a receiving order; (2) large proportion of the trade of the colony is that the debtor committed no act of bankruptor dono with Chinamon carrying on business here, on which a petition could be founded; (3) that and in nine-tenths of the bankruptcy petitions after payment of costs of the proceedings there.

come before the court the debtor will be no substantial assets for division among which

amental principles on which English bank ruptey jurisdiction is based are involved in almost every Casp in which I have to deal. The importance of the question arises from the fact that where a Chinaman trades, as so many of them do, in other parts of the East as well as Hongkong, it is almost impossible to localise the effect of bankruptcy in this colony.

HANDSOME TOILET SETS, SILVER newspapers press, carrying enlightenment. He had not decided to accept or refuse the offer the policy of social reform was needed, and is a Chinaman, and therefore the fund the creditors; and (4) that the petitioner is in

MOUNTED in Fancy Leather Case,

HANDSOME FUFF BOXES,

CUT GLASS BOTTLES in Great Variety, HAIR BRUSHES in Leather Cases, PERFUME SPRAYS, MANICURE SETS,

SCISSORS in Cases.

to millions, the foundations of reform and progress are being solidly laid. These reforms may be attributed with good show of reason to the resolute and brave administration of a few enlightened rulers like, YUAN SHI-HAI, but we do not believe they will pass away if weaker men come to office. These enlightened rulers are simply taking occasion by the hand." What we have to noto is that among the people there is a growing recognition of China's backwardness among the nations of the world, and their senai REQUISITES tiveness on the subject manifests itself in a koon sympathy with every effort to remove this reproach from their land. We observe

RAZORS IN CASES, BY THE BEST MAKERS: PATENT RAZOR STROPS, SHAVING MIRRORS, HAND MIRRORS, &c.. &c., Bic

SMOKERS'

Owing to its objection to paying four par cent interest the Spanish-Filipino Bank has

returned to the City of Manila P116,220, which is the sinking fund of the sewer and water- works bonds. The Municipal Board has ar ranged to transfer themoney to the International Banking Corporation in New York at the same

rate of interest.

Captain Trowbridge, chief of the scoret service in the Philippines, has come over to Hongkong to take back to Manila a man named Alfred Hall who was arrested here inat week. Hall was formerly an employe of the Bureau of Porta and a clerk in the general office. He disappeared from Manila several months ago, and, according to the Manda papers, has been wanted on charges of having obtained money by false pretences. He again appeared before Mr.

Kemp yesterday, when Captain Trowbridge sought his surrender to the Philippine Govern- ment on charges of forgery and ambezzlement. Detective Sergeant Terrett informed. his' Wor- ship that Hall had intimated his willingness to return to Manila. The case was adjourned until to-day.

THE MAGISTRACY..

Monday, 14th December.

Mr. J. H. Kemp pentenced a zative to six from a matshed at Shektontsui, weeks' imprisonment for stealing two quilts.

collusion with the debtor and that the pro- ceedings are an abuse of the process of this honourable court.

His Lordship thought that 3 and 4 were matters for the Official Receiver.

Mr. Hastings thought that if he was there on good ground he might argue on almost any.

The Chief Justice pointed out that the Official Receiver watched over bankruptcy and any question like substantial nasots was for him to deal with. With regard to collusion that was question on high he might exercise his dis- uretion. Mega Hings other two points were, he thought, legalinate.

I do not think there can be much dis pute as to the facts except as to ous point. In view of the law which I am going to lay down in this judgment the point is not Mr. G. A. Hancock, a school teacher, appeared really of flest importance because the debtor before Mr. J.-H. Kemp to answer a charge of is Chinmomu, and I do not $00

Mr. Hastings said that he would only mention saulting a shair coolie. The charge, however, much evidence that he ever traded gone3 and 4 in passing. Undoubtedly 1 and 2 were was withdrawn on the defendant paying sub-rally, though he appears to have incurred the main grounds, and the important question stantial compensation.

debts is tho colony. It is however was one of domicilo. The debtor was assistant advisable that I should express an opinion on compradore to the Hongkong and Shanghai Bank Hongkong who went down to Annam to buy sued him and obtained judgment against him for the point. Was the debtor a resident in for several yours. In 1905 the Bank of Talwan

colony to dispose of, or was he a resident in ho left the colony, and there was no doubt he left cinnamon which he then brought up to the $20,000. He then abscondod. His solicitors said who bought cinnamon there and the colony. He did not return until a few brought it up to the colony to dispose of? I am months ago when he was served with the writ. of opinion that the latter are the true facts. I His Lordship said that in all cases of Chinese think it probable that he had done this on pre, he would ask for proof of domicile, vious occasions, but I do not think that is material.

sultinga astive excise officer while in the execution of his duty. Two women who assisted in the assault were fined $5 each.

Mr. J. B, Wood. Bued a boatman $10 for

Annam

A Very Fine Selection in Great Variety MEERSCHAUM and BRIAR PIPES, CALABASH PIPES (a Special Assort very little evidence of a "fundamental menti SMOKERS' COMPANIONS, craving for a constitutionally governed MEERSCHAUM and AMBER CIGAR and CIGARETTE HOLDERS, CIGAR land" if any anch craving existed and CIGARETTE CASES in real its satisfaction probably would not be so CROCODILE SKIN, SNAKE SKIN, &c. TOBACCO POUCHES in BEAVER, long delayed. The promise of a constitu. CROCODILE, SNAKE and DOE SKIN, tion is to be dangled before the nation for TOBACCO BOXES and JARS, another nine years. As yet, the aspiration ASH TRAYS.

for reform are vague, and the people appear in a frame to mind to accept any method of achieving reform that the Government at Peking may decree. A Constitution will hold the annual race meeting on Tuesday board his ship. The offender is alleged to have doing so, said-The debtor certainly was not house in Macao and another in Canton but put tremendous power in their bands, and February 16th; Wednesday, February 17th and been chasing coolies at Wanchai with a bamboo domiciled in the colony and, as I have said on a none in Hongkong,

All these Goods are of the Highest Class and

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THERMOS FLASKS

A most useful XMAS PRESENT for SPORTSMEN, YACHTSMEN and TOURISTS.

LIMITED

ALEXANDRA BUILDINGS AND KOWLOON DISPENSARY.

Hongkong, 11th December, 1908.

£29.

NOTICE TO CORRESPONDENTS. ONLY communications relating to the news sium should be addressed to THE EDITOR

Correspondente must forward their names and addresses with communications addressed to the Editor, not for publication but as evidenes of good faith.

it looks as though the Government were content to await that devolution of power before attempting to deal with the root of the trouble--the rottenntas of the financial administration. Until thei

task is taken in hand it would be futile A. S. WATSON & CO. hope for any substantial and permanent progress in Chian. For the present it is the sense of humiliation that inspires progress in China. The presence of the troops of seven nations in the capital of the empire has dous more for reform in China than could have been accomplished by all other means in the course of a century. May it not with some condence be said that the end and aim of all the effort in the minds of the majority is to "recover the rights" which China has lost during the last sixty years? It is what Count HAXASHL, formerly Japanese Minister to Peking, has called an "ebullition *of anti-foreiguism." We can believe with the Count that it will increase in intensity na tre awakening of China is quickened; but so long as this "anti-foreig ism" is mani fasted in peaceful effort to so improve ad- ministration in China that she may, by-and- by, take her place among the nations of the world on an equal footing, and so lay claim to recover her jurisdiction over the present Settlement areas, we can, watch the progress of the new movement with sympathetic interest.

All letters for publication should be written on one side of paper only.

No anonymously signed communications that have already appeared in other papers will be

inserted.

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Telegraphic Address :

PRESS. Codes: "A.B.C. 5th Ed. Lieber. P. O. Box., 34. Telephone No. 14.

BIRTH

On 14th December, at the Government Civil Bospital, the wife of Sergeant 'x. Davie, H.KP., a daughter,

1682

HONGKONG OFFICE: 10A, DES VEUX ROAD C LONDON OFFICE: 131, FLEST STREET. EC

The Daily Press.

HONGKONG, DECEMBER 15TH, 1908,

Is a recent article on Chinese affairs a writer in The Spectator confessel that after reading a large part of what has been written on the subject of the national ideals of China and their progress, he was still unable to perceive what the springs of the movement really are. Are the reforms he asked, only the inevitable result, and no more, of the impact of European influences which have become so much stronger since the Boxer" rising? Are they the result of the resolute and brave administration of a few enlightened rulera like Yuan SuI-KAI,

The German gunboat Tsingtau, Capt. Ross, is leaving for Canton this morning.

During last week four cases of communicable disease were reported in the Colony, three being cases of enteric fever and one of diphtheria. The victims were Europeans. Happily none of the cases were fatal.

There will be an open session to-night of the YMCA. Parliament to which ladies and gentlemen are invited. The subjec of discussion is Payment of Members of

Parliament."

The return of visitors to the City Hall Library and Buseum for the week ending the 13th De Icember, 1908, shows that of non-Chinose thore. were 324 to the Library and 146 to the Museum and of Chinese 188 to the former and 2,023 to the latter. The Library was, therefore, used by 512 persons and the Museum by 2,169.

There was another collision on the tram lines and will they pass away if weaker men come yesterday at Prays East, near No. 2 Police into office? Is the burden of the Manchu Station. Two train cars were damaged by colli- drones finally to be removed from a country sion with a track. The accident occurred early which has been long suffering in supporting in the morning, and the coolie in charge of the trick was prosecuted at the Magistracy a few

THE HONGKONG RACE MEETING.

The Hongkong Jockey Clab have decided to

comprising thirty races has now been issued, Thursday, February 18th. The list of events,

and entries will close on Saturday, January 16th,

FRENCH CONVENT BAZAAR.

Sisters in aid of the Chinese orphans of the The annual Basaar promoted by the French Asile de la Saints Enfance, was held in the City Hall yesterday, and was attended by His Excellency the Governor and numerous members of the community. Needle and fancy work of all descriptions, and of a high order of marit the work of the orphans), was arrayed on numerous ladies prosont. The energetic workers in the good cause were Mesdames May, Volpicelli, Belles, Pollock, Gresso, Marty Wait, Hett, Tomkins, Lammert, Mackay Osborne, Bird, Gok, Grimble, Beth, Bribesin, Van Houten, Hancock, Chamier, Berindoague, Bailey, Tweedie, Loofe, Stedman, Allen, Walker, Tait, Grone, Coppin, Ede, Becker, Vernon, Blade, Finch, Peter, Cochrane, Bensley, Fremantle, and the Misses Lyon, Beattie, Rodgers, Lammort, Picard, Seth, Hooper, Shar

stands, and attracted the attention and cash of

Tait, Lord, Layton and Potts.

CRICKET.

MOSLEM RECREATION CLUB #. LUSITANO

RECREATION- CLUB.

The return match between the above teams took place on Sunday and ended in a win for the M. R. G. Boores

M. B. O.

X, Abbass, c ́and & Cordeiro -...

E. Soonderam, ran out....

A. G. Suffici, run out

M. Buffod, a Boza, b 4. G. Britto

J, M. Dyer, e Carreta, b Cordeiro

8. E. Ismail, a and b Cordeiro

H. Harta, b Britto

A. A. Ablasse Corveth; b Pereira

A. Kader, o Barron, ↳ Pozaira

B. Harteam, b Cordel:o ...

A. M. Sufiad, not out ........

Extras a

Total........

The BC.

79

P. da Roma, o Y, Abbass, b' A, A. Abbass 9 P. H. Hyndman, o M. B. Suffled, b ́A. A.

Abbase ******

L. G. Carduire, o an:Í ħ k. A. Abbasi

R. A. Carvalho, o A. Kader, M. B. Ballad O

J. Corvoth, rm out..

A.Y. Barros, b ́Á. Á. Ábbana.

A. G. Britte b M. B. Sufied....

P. A. Yvanovich, c and b'â. A. Abbass

-1. Pereira, b &. A. Abbasin.

F. X. Britto, o and b M. B. Sufiad:

A. J.V: Ribeiro, not out..

Extraso

Total

WEATHER REPORT.

The Hongkong Observatory jesterday issnod the following report

has fallen moderately over China, and risen On the 14th at 1145 am--The barometer slightly over SD. Japan and the Bonins.

The area of low pressure remains over E. Manchuria, and the highest pressure lies over the Yangtzo valley.

Gradients are slight along the China coast,

A charge of disorderly behaviour preferred against a German bluejacket from the SMS Fuerst Bismarck, which was to have been heard before Mr. Kemp, was withdrawn on the applios tion of the German Consul, who promised that the offender would be fittingly punished on

Mr. J. R. Wood passed an exemplary sentence on a native who was found guilty of snatching an earpick from the coiffure of a Chinese woman. On Sunday the complainant was walking past the Fire Brigade Station when the defendant from her hair and passed it on to a confederate. approached her from behind, austobed an earpick Defendant, when asked if he wished to call evidence, gave names of numerous friends he said he knew, but on being taken out in police custody to search for them, none could be found. Subsequently it was proved that he arrived here from Canton only a few days ago.

His Worship committed the defendant to good for twelve months, and ordered that he receive twelve strokes of the birch on admission and a further twelve before his discharge,

Mr. A. Course of the Tramway Co., appeared before Mr. J. H. Kemp to prosecute a coolie for obstructing the tramway with a truck

Having dealt with the general law, his Lordship considered the facts of the case, and in

previous ocension, I do not suppose there are 200 Chiromen in the colony who are domiciled here, as the larger number of those who reside here all desire and intend to return to Chim whenever they have made enough or commercial adveralty compels them.

با

On the question of residence his Lordship held that the debtor's occupation of the cubicle was temporary, that it was only to last till the business for which he came to the colony was concluded, and he found great dificulty in seeing how a residence which was, admittedly. temporary could at the same time be described

sa "ordinary."

Continuing he Lordship said The im portant question is; Was this a "pince of business" in the colony F What is required is not merely carrying on business, but a place of businem, which means a place where the debtor does business. Coming now mor closely to the taste of this case one point is quite clear--if a person merely employs a commission agent consigning his goods to The evidence of the car going eastward, showed him for sale, that does not make the com, that an empty track, in charge of two coolies, mission. agent's premises his client's place was on the line ahead of him. Witness sounded of business. I sin also clear that the cubicle kis gong, and slackened the speed of his car. The was not a place of business per 86. The track moved on to the other side of the line evidence is very slender sa to business transacted but just as witness'e our drew level with it, the there, if there had been many transactions, in rear of the truck swang in his way, and fact, and business done there, the owner of although he applied the emergency brake, the the house would certainly have given much car struck the truck. The contact drove the truck on to the other line, when it again collided with a car approaching from the opposite direction. A plate was knocked out of the front of the ear in witness's charge and the other tram was also damaged.

After further evidence had been heard · His Worship remarked-If the story is tras about

Mr. Hastings then read debtor's statement in which he stated that he was born in Hongkong, that his native village was Chin Ban in the Hengshan district, that he had one family

His Lorship-Thore is no domicile there. Mr. Hastings-The point we have to consider is what was this debtor's domicile of origin My friend seems to assume in his affidavit a wrong state of affairs, viz. that as the debtor was born in Hongkong his domicile of origin was here. That is not so. A Chinese child born here takes the domicile of his father. We have

to consider the father's domicile at the time the debtor was born. The family house was Chin San. I submit he never had domicile here." Assuming for the sake of argument that he had a Hongkong domicile, there was not the slight-

est doubt that he abandoned it when he left Hongkong for three years, and removed his family house to Macao. Proceeding he pointed out that the debtor was attempting an abuse of the process of the court. His debta amounted to $243,000 said he came here with 820,000 which his friends had subscribed and asked the court. to whitewash him. This was like paying three halfpence in the for two-thirds of a cent in the dollar. There were no merits in his favoar that he was born here and is therefore, a His Lordship The question which arises is British subject,

Mr. Hastings-Birth in a place does not give domicile.

Hie Lordship-It alters the whole business of jurisdiction.3 anbject.

Mr. Hastings I submit he is not a British

His Lordship He is born here.

His Lordship-Is he a person who comes Mr. Hastings-But never was domiciled.

within the Bankruptcy laws? Is he a British subject? Then you can come to the question of domicile !

more evidence of people coming thero. The only place of business which the debtor could have had were the premises of the Kwang Mo where the clients met him and concluded their bargains. The vital point to consider therefore is this-Must the place of business belong or be under the control of the debtor? On Mr. Hastings-Granting for the sake of

this point I am far from clear, The key argument that he is a person to whom the the cars being stopped, it seems an extraordinary to the subject is the remark of Lord Justice Banktoptoy laws apply, then, where are we? I say Booident ?

Brett in re Hecquard: the extension of the very foot of his birth here does not give him Mr. Course-I don't know the particulars the bankruptcy jurisdiction to foreigners to Londen with his wife, and a child is born while Hongkong domicile. If a Frenchuman comes

of the case, your Worship, but I have seen the damage to the cars,

Defendant said he had never pulled a truck

before.

**hol" they

is made on account of the have on the country, and the question to be they are there that does not give the son an answered in each case of dubbt is "Has the English domicile. He takes the French domicile debtor in question a hold on the country?"

of his father.

In like manner this man takes

His Worship. If you ever pull one again, hold on the country." means, I imagine the domicile of his father. It is clear he did take care to keep clear of the tram line. You something which is visible to other persons who not live or carry on business here within the will be fined 3.1 for driving a truck to the comtrade in the country which induces them to give year preceding the petition. It is solely on the men danger of the public, and will pay $30 the debtor credit. What I think is the mean. question of domicils that they rely.

Mr. Atkinsan took two preliminary objections compensation to the Tramway Co; in default, ing of the phrase "hold on the country is that ons month's imprisonment.

it is such a position as will induce people sustain them, Proceeding Mr. Atkinson said to tlie application, but his Lordship did not by reason of it to give a person credit. It that it was necessary for the Taiwan Bank to. seems to me that if a man is doing business, prove that the making of the order would entail guck as concluding bargains for the sake of his goods, at a place where he may be seen doing it to get the receiving order rescinded, put the some disadvantage to them. Their object was then others may not unreasonably suppose that

His Grace Archbishop. Kelly of Sydney, who is retmening to Australia from the Eucharistic Congress in London, visited several Roman Catholio institutions in the colony and in the evening addressed a meeting under the suspices of the Catholic Union..

BANDMANN COMEDY COMPANY.

brothers.

them, as in everything else? Is there oars later. Particulars of the accident ara and moderate mouseon may be expected in the mith's three not farcical comedy The night the commission agent, and one who intermeddies these difficulties the better

C

he has business to do and that that is the place man in gaol, keep him there and squeeze his where he does business and on the strength of that people may give him credit. If they do,

His Lordship-No, no. then that place becomes for the purpose of

Mr. Atkinson It is almost a recognised bankruptcy law his place of business." process. He added that the judgment creditors. This seems to be a reasonable distinction had had their judgment for three or four years to draw between the case" where

and had done nothing with it. The Bandmann Comedy Company did good sends goods to be sold on commission

His Lordship There are a great many business Inst night with Mr. Weedon Gross leaving the business entirely in the hands of difficulties in the way of enforcing an English judgment in China. The sooner I get rid of

shall like it. of the Farty." There is a good deal of the in the eyes of the business world with the Mr. Atkinson-They have the protection and screamingly fanny in the piece, especially in the making of the bargains. It is therefore the fact assistance of the British Consul. He is there to scene when the supper party given by the ser that there are other creditors which brings help them. They have no right to some here vants during the absence of the muster is the case within the purview of the bankruptcy On the question of discretion, his Lordship interrupted by his unexpected return, and the jurisdiction of the court; whether they can remarked, that he would never have granted the artistes maile the most of this, although they justify their claims is another matter with petition if he had known that there was only to were seriously handicapped by the vigorous which I have not now to deal I am therefore payment of three halfpense in the £. strains from the military band at Murray of opinion that this court has jurisdiction to assets being swallowed up by the costs was not Barracks. The performance on the whole was entertain this petition and that the opposition sulcient to refuse the petition. thoroughly enjoyed, Mr. Thomas Sydney in must be rejected. In view of the uncertainty of His Lordship held that it was. the part of Crosbie, being responsible for no this question which has been raised I do not

reject it with costa.

Wormones melnou must mouse over the China Sca.

Hongkong rainfall for the 24 hours ending loss in the death of Sister Mario Allanson

The Italian Convent has sustained a great at 10 am today, 0.00 Inches.

The forecast for the 24 hours ending at noon who passed peaceably away yesterday at 4 p.m. to-day is as follows after a prolonged illness. Sister Allanson, who

7/ N.E. winds. was born at Macso-in 1844, had been in the Hongkong & Neighbourhood. moderate; fair, Convent for 38 years, and was very highly Formosa Channel

misty Samo as No. 1 esteemed by all who knew her. The faneral South coast of Chias between Same as No. 1. will probably take place this afternoon. An Hongkong and Lamooks. Exprees will be issued during the day announc

South coast of Chins between Same as No. 1 Kittle merriment.

Hongkong and Hainan.......... ing the hour of her intermont.

fundamental craving, which will in the given in the report of the case which appears in and become irresistible, for a constitu- another column. tionally-governed land? To all these questions the London journal replies: "We do not know," This aititude of doubt and uncertainty may make the eternal riddle of Chins" all the more. fascinating, bat even if the result be un- satisfactory it is worth while seeking the aolation of the riddle. It can certainly be affirated “that no single one of the develop

་

at all.

be a

Mr. Atkinson said that the mere foot of the

wished his Lordship to say that the making Mr. Dennys then addressed the court. He of the receiving order bound the judgmen