runs of $10,000 and upwards are entitled to free scholarship for each $10,000. Ulains under this rule have been recorded aggregating & cspital sum of $112,000, Iu addition we have to raise funds for the creation of the Students quarters (ssy, $100,000), and for the Anatomical Laboratory, which are not included in the University buildings to be erected by Mr. Mody. We must not therefors relat our affects to complete the full Fand required.
as to whether
IN ORIGINAL
COURT
UDICTION.
BEFORE THE FULL COURT.
THE HONGKONG DAILY
either of the cont
In that case that the pilionár being.
netorzile-
the treaty and aboukt be rendited. n the course, of the agrument. Baron Pollock Temacked
Must not a man be taken prima face to be the
subject of the country in which he commits dees it not lle on him to show the toontrary the chance at the time of so commuting it and Does it follow that because man in a natural ised subject of the Unked States he may not fendep" And he hit adgrens he said Melhor for the purpose be abject of the Nethers
THURSDAY, JANUARY 18ra, 1910.
for the the nationality of the
where the prisoner himself good net set up taas he is not ■ Chinese, subject.
UN EXTRADIZION CASES The Full Court delivered its decision on the application in which Mr. Blade moved for a ralo nisi to be directed to the Captain Bugarin With regard to the question ne taverne er Was, now detained in Victoria Geol, should tandent of Police to show oRPRO Sun A how they should be desit with to the beer at be discharged from custody. The proceeding wo points are made en behalf of the foreign country and then fed to Britatz said Colonel Prior socepted, such notios, and the
were under the Chinese Extradition Ordinance.
advantage, I will call a meeting to decide this Mr. Blade wne instructed by Mr. Otto Kong
matter without delay.
Bing, the Acting Attorney-General (Hon. Mr. Hazeland) and Mr. C. G. Alabaster,
Crown Solicitor for the Crown and Sir Henry Berkeley, instructed by Mr.
Denoys, appeared
Icongratulate you heartily on the success structed by Mr. Bowley which has attended your efforts as Treasurer of the University Fund.Yours sicerely,
Chinese residents, in
Hongkong
Mr. Ng Li Hing
Theatre performance
por Chiness Com mittee
(Signed) F. D. LUGABE.
LIST OF SUBSCRIPTIONS.
$207,00.00
50,000,00
5,500,00
Theatre performanco.
per Prince Haun
Chinese residents in
•Salgon Chinese residents in
1,100.00
2
Chinese reddents in
Amoy
Newchwange
41,000,00
1,344.00
$3,500,00
Chinese residents in
Penang per Mr.
Kim Yeong
600.00
92,764.00
Canton (received) Chinese residenta in
Canton (promised
$16,971.00
13,000.00
13,680.00
Viceroy of Canton
(H.E. Chang Jen Chan) ****** Per Governor of
Macao
200,000.00
8,422.00
25,000.00
Chinese residents in
Weichow per H.E. Chang Pat Sz Chinese residents in
Chinese Government
(10,000 taols)
Mess Jardine, Ma
theson & Co, Ltd. Mesra, The Hong- kong & Shanghai Banking Corpora
tion
50.000,00
Messrs. The Char-
tered Bank of 1,A
&0.
10,000.00
Messrs, E. D. Basscon
& Co.
10,000.00
Messrs. David Bas-
soon & Co., Le.....
Messrs. Ebrahim Pa
baney
Messrs. B. M. EL
Babhoy, Meserd
Chater
&
10,000.00
7,500.00
1,000.00
10,000.00
Messrs. John Swica
at 1/9-
487,143.00
Mody
Bons £30,000
Mears. The
Txikon En
gar Refinery 5,000
Mesern. The
Ocean 6.8.
Co.
$5,000
Mesars Funchard, Lowcher & Co., £100 at 1/98
Messrs. Shewan,
Tomes & Co.
1,143.00
1,000.00
Messra, Gilman
Moraza. David & Co.
250.00 5,000,00
Chins Association
6623 at 1/9...
HE. The Governor
Sir Henry Mayk
Mr. Stokes (with
Boerned interest)
B. M. Gray, Esq.
Interest to 31.02.09
7,177.00
1,000.00
500.00
570,00 100.00
2,000 00
$263.600.00
The Chief Justice sald-A rule sui for a writ of habeas corpus was granted in this case, and this is a motion to make the rals abseinte. Mr. Slade, on behalf of the prisoner, bases the application on two grounds
(1) That there is no proof that the prisoner is a subfect of China
(2) That no foreign warrant or its equivalent was produced before the Magistrate
The proceedings are governed by the Chinese Extradition Ordinance 1889 (Ordinance 7 of 1889). The
term - fugitive criminal" is com. mon both to The Imperial Statute. The Extradition Act, 1870 and to the local Or dinance referred to, but the interpretstion placed on the term differs for in the Imperial Act nationality is irrelevant in ordinary cas on, whereas in the local Ordinance the fugitive criminal must be ambject of China, Sec- tion 2 of the Chinese Extandidon Ordinance de fines Fugitive Criminal" as follows: Fagl Live
Criminal' means any subject of Chian sccused of na extradition crime committed within the jurisdiction of China or on board Chineas ship on the high seas, who is pected of being in Hongkong or on board a British ship there." And the same expression ls used in the Trosty of Tientsin, Arlide XXI reads as follows: If eciminals, subjects of Chins, shall take refuge in Hongkong or on board the British ships there, they shall, upon das requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up. It is clear, therefore, that it must be proved in the proceedings that the 222,102.00 on accused is a sunbject of Chins, and with the learned Chief Justice, Bir agréa Francia Piggott, in the case oited (re Wong Ka Chime I, H.KL.B., 13) that "there mest be some direct evidence before the Magistrate of nationality. In that cass the learned Chief Juution said a
167,079.00
.
It must appear in some way or other from the proceedings that the prisoner in a subject of China, for otherwise the requirements of the law would not be com plied with It must be shown, it cannot be assumed Neither a Chinese mame, nor the wearing of Chinese dress would be sufioi- ent, for the prisoner may have been born in Hongkong and so a Britlan subject, and a troublesome question as to the consequence of double rationality in respect of extradition might perhaps arise, here must therefore be some direct evidence before the agis trate of nationality."
The question, therefore, which we have to decide fasWas there any direct evidence be fore the Magistrate that the accused was a subject of China? In my opinion there w not. It was contended by the Grown and by Sir Henry Berkeley on behalf of the Chinese Government (1) That it is not necessary for the Crown to prove the fool when it is not
in
volvi libert
Mr. Heti informed his Lordship that the plaintiff's claim had now been reduced to, roughly $255. At provious hearing he had applied for farther particulars, but those sap- pled were not very satisfactory. It was alleged that the wilful disobedience consisted plaintiffs refusal to obey Colonel Frier's re- quest to go into the drawing room, and, again, that she flatly refused to call the child. He would like to know whether this was one of the grounds for the dismissal of his
client.
the
Mr. Dixon-I don't rely on it. Mr. Hett Then I'd ask that it be struck out. My friend must state what the wilful acts of disobedienos are.
Mr. Dixon That can be considered later. I don't think it matters such,
agent only for her husband, and with his authority, and the plaintiff contracted with her only as such agent. The plaintiff was dismissed by William Prior in consequence of her general behaviour to him, and her wilful disobe diense to his lawful commands, and there 3) And that there was before the magistrate by forfeited all claim to the salary, board and abundant facis evidence that prisoner lodging, and passage, referred to in the parti. year Chinese subiectelars of claim Regarding the claim for the Now, as to the first point, we were referred price of a passage to India, the stendant to Biron and Chalmers on Extendition, page 16 contended that the plaintif gave up all There no doubt of the currectness of the pro- Colonel Prior agreeing to accept a three and to the pass of E. Gans, 9 Q.B.D., 93. right to the criminal may be the object of a third mining hos ungagement before the expiratio
passage in consideration of position that under the Imperial Act & fugitive months netics from the plaintiff datex State, who has committed an offense In thereof, and the plaintiff gore, and the ich are of importance as in-
of principle affecting the dominions. La R
wes, however, terms of the original agreement of the plaintiff subject. The first of them la
gue
prisoner that as the were altered accordingly. The plaintiff had also this: it is mid that the prisoner is n XL of the Treaty between Great Britain and return to India was not necessary.
demand for extraition must, under Artido socepted another engagement at Macao, And her subject to the extradition law as existing the Blate applying for rendition, be made by the between this country and the Netherlands, by ion of his not being subject of the diplomatic gent of his (the criminal's country, Netherlands. It said that the evidence the Intention was clearly manifested that the before the magistrate showed him to be
subject of a third Government not a party to naturalised rabject of the United States, the treaty was not to be surrendered. The Court and this evidence was also supplemented answered that any person committing a crime by an affidavit stating that not on his within the jurisdiction of a country was pretasie prisoner been naturalised in the United subject of that country, which became for the States, but that also there is no reason purposes of the Aut his country, which could to believe that be born in the Nether. demand his extradition unless tresty arrange Iands-on the contrary, it maya that he has ments provided to the contrary. ~ Now, reason to believe that he was born in decision of the Court in that case referred city in Hungery. Therefore, it is contend specially to, and obviously turned directly on ed that the Extradition Treaty between this the very general language of the definition in country and the Netherlands does not apply,
the Extradition Act Th
That not wraz passed to give and that the prisoner cannot be given up elect to the provisions of treaties made or to to the Government of the Netherlands be made with the British Government by foreign This mutter, no doubt, depends not only on Power The subject of Okhose extradition in the English Statate, but also on the terms this Colony is, of course, governed by the of the treaty but before alluding to the Chinese Extradition Act, 1889, which was frosty I world say that the leading prin paged to give effect to Article XXI of the oiple, which" "underlies all questions of Tristy of Tientsin. In the Ireal. Ordinstep nationality applied to crime committed the term "fugitive criminal". I defined
meaning "spy ambjent of China accused, within any particular country is this Whatever rights, civil or otherwise, 6 man
sto? The difference between the language client was entitled to judgment unless the may have which may be tooted by his of tection 2 of the local Ordinance defendant could justify theaffirmativealingations domicile, it f and must be perfectly alear and section 26 of the Imperial Act in which were set out. If his Lordship world look by the law of all nations that each person very significant and it seems to me at the defense he would see that it was common who is within the jurisdictum of the pars that section 2 of the Ordinance constitutes it a tionlar country in which he commits condition precedent to the jurisdiction of the ground between the parties that the defendant crime is subject to that jurisdiction other magistrate to commit that the prisoner should engaged the plaintiff, and that before the er wise the criminal law could not be ad be proved to be actually of Chinese nationailty dismissed, and that it was agreed to pay hor piration of the plaintiff's agreement she was ministered sobording to any civiliad method. This being so, the burden of proof must of passage to Indle. If there were no further The Attorney General kar pointed out course be on the Crown to establish that facts proved in this case, that would entitle the
fact by affirmative evidence. It is not for the plaintiff to judgment, The armative alleg to as the very general language of the first prisoner to raise the point, and by not doing so time that the defendant had to prote and third articles of the treaty. The first article rans thus is agreed that Her honot barred from taking the objection Britannic Majesty and His Majesty the King Where referred to the judgment of Bir wore that first of all she, in making of the Netherlands shall, on requisition shade Frente Piggott in Wong Ke Chun'e tase, I contract, acted an agent moondly,
that she was justified EKLE page 14. The learned Chiol in their name by their respective diplomatic or having reviewed the evidence in that the plaintiff on scent of wilful disobedience agents, deliver up to each other reciproso doncludert Lastly and most material, is cally any person who, being accused or convicted of any of the crimes thereinafter the fact that the prisoner did not tonder any specified committed within the jurisdiction evidence to show that boys not a Chine of the requiring party, shall be found within subject. But this must be read together the territories of the other party. Here it with the words Impasdiately following sccording to all ordinary rules that one would think there was a good prima facie case of expect to find any limitation with respect to
Chinese nationality before the magistrate and the character or status of the persons who are to be given up. Not only are the most general Now in the case before us. I fully agree words used, vs. any persons," but the articlsria my learned brother that there is rose on and refers to their being persons scous not even prima facie case of Chinese od or convicted of crime committed withic nationality set up. There was therefore nothing the jurisdiction of the requiring party, olearly showing that the definition of the
persons to be delivered up is any porton who commits one of the specifled crimes within wach jurisdiction. Then when wa come to the third article of the treaty there is an express definition of what is meant by the word o
subject.” It is to include not
a
| NOW.
Mr. Hett We shall not finish to-day sa it is, and we don't want to deal with anything unre- liable. I want to know whether the letter I bays seen in the contract.
Mr. Dixon-Y88.
Mr. Hett desired to point out that on the record as it stond, and on the facta as developed,
in dismissing
plaintif agreed to give up her pastage. The and general behaviour; and thirdly, that the fest paragraph of the defence said that the defendant autod as agent for her husband, and he (Mr. He) wished to know whether his friend alleged that this d principsl.
I that the defendant was seting as
the prisoner did not robut this in any way," Mr. Dizobutton is brought, not
fur the
prisoner to rebut. I think the
they have cheson to sue the wife, against the husband, as it should have been, but Mr. Hot-Had we sued Colonel Prior we must have failed. The ozus would be an as to prove that Mrs. Prior was the agent I will
WEEPING ECZEMA
TWENTY YEARS
Never Without Irritation-Was Told He Could Not be Cured--At One Time Pain and Burning Barred Sleep Could Hardly Walk and was Becoming Quite Weak.
ECONOMICALLY CURED
BY CUTICURA REMEDIES
It is now nearly twenty years sinoe I was first atteokod with weeping to zema on the leg just above the ankle, which the doctors informed me I should never get rid of, During that time I have never known what it is to be wish- out irritation. The last attack which lasted for nearly three months was the worst of all. 1 could get no caso or sleep at night through the agony, underwent treatment by a doctor but could get no relief, so left on going. The pain was so intense toward night that I could sparcely walk home and, the bum ing sensation when in bed was intoler- able. I began to feel quite weak, for want of proper rasties
My daughter mentioned a ces of man who had an attack of ecrams on the sheet and arms and after spending. a lot with doctors, etc., was perfectly cured after using one set of the Cutious Remedies. Be sent for a set (consist ing of Cutleurs Boep, Ointment and Resolvent Pills) and after using them the first time I had a good night's sleep and from that time have entirely lost the pain. The sores healed up and I continued the Cutiours Ointment for about a fortnight longer and have taken the Cuticura Puls nightly till the bottle was emptied and the sczema has entirely disappeared. I have at least two thirds of the Ointment left. I can from personal experience recommend the Cuticurs Remedies as an economical and effec tivo treatment.
My wife has also used the Cuttonra Soap and Ointment for chafing and two applications have entirely cured her. cannot speak too highly of the Cuticura Remedies and shall not be without them in the house. 8. C. Markquick, 90, Al- bert Rd., Leyton, London, N, E., Kag- land, June 16 and July 6, 1009,"
Complete Exterial and Internal Treatment me
Akin, Outlours.
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i to Purify the Bland," A Single Sel often Chases. Hold throughout the world. Depots: London? 974 Chatime house 50. Paris: 6, Run de la PalkT
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48
objection to the commitment is a good one, and now apply to the asked the plaintif why it was, and Miss
that the rule must be made absolute. It
Mr. Dixon I expected that I am becomes then unnecessary to expressly decide instructed to appear on behalf of Mrs. Price, the second point whether there must be the name of Colonel Priora defendant, the therefore if there is an application to substitute
sovuration in China-and if so, whether sach en Locusation has been proved. But I will merely my very briefly that it section 2 be construed in the ordinary and natural sense, it does not appear to make a formal scusation
Chine (condition procedant to an application hos No doubt, if it proved that ne
wore
ces must be non-suited They can bring further action if they like,
had been to the expense of consulting lawyer, and ales of the advice given. Then an incident occurred about music lessons. When Mr Price discovered that her child was never called by the governees for music, Englede, replied that the child never want
in call let in future, but the latter replied, for her lessons. Mrs. Prior asked the plafatin to
I will not. No,
Matters went on for a few weeks, and then Mrs. Prior learned that the plaintiff had obtained other employment at Macao. On November 9th Mrs. Prior ressired plaintiff had written to Lady May a few days letter from Lady May informing her that the
making her if she could get employment.
ers whop being domiciled in the country, and / kongestion had been laid in Ching, that would he to ad Calonal Prior as a defendant, and said he chariter did not them know who the gov
magistrate. But even if on Moonsation in
The
Mr. Hott. I don't propose to substitute Colonel one maison dous of the country
Prior for Mr. Prior, I propose to add Calone! but also such foreigners as according to the Iawe of aither of the contracting parties are
After further argument his Lordship agreed Prior as a defendant. NON VON assimilated to subjects, as well as such foreign
having married citizen thereof, have one or material fact for the consideration of Mr. Dizon, in opening, informed the Court erness' was, but on the 17th Lady May
the would consider the question of costa. 3. more children by that marriage born there. Thitia be necessary under the Ordinance, it seams that the plaintiff was engaged in Madras wrote another letter stating that Mra Marqu05, The first part, tands to show that the person to me that the requirements under the Statute last year by Mrs. Prior, and the terms wife of the Governor of Maeno, would like who is asimilated to a subject must be so in aspect to the subject matter with which the treaty is desling, vis, the criminal law. Iti clear that a person who commits a crime within a particular territory, for all purposes con nected with the arime, is regarded as sasimiy lated to a subject
Oficial rate of exchange for the year 1909-1/9 reported the robbery to the Fu Shi Un to Mr. Barve Pollock both in the argument and Francis, C.Q. Sprared for the Chinese Gor. It was then tharness went to Japan, and an hour, Miss Engledow said, "Oh That is
As above
Trust Shanghai...
$1,252,164, CO 81,252, 16400
$1,252,164.00
17,000.00 10,000.00
(Signed) C. P. CHATER.
A HARBOUR SENSATION.
GERMAN PRISONER ATTEMPTS TO ESCAPE
A Bastional occurrence took place on Tass
be
challenged by the prisoner, and that it lies on him to show the contrary; and (2), alternatively, that there is abundant prima facie evidence to show that the prisoner is a subject of China.
are raffolently met by proof that a report soone
of the engagement were that ale to hare Miss Fingledow as companion In regard to the evidence we were referred to the charge sheet and to the order of His Ex-
ing the prisoner at the time was made should come out to Hongkong and look if Mr. Prior could spare her before her notion cellency the Governor upon which the Magia
to the district magistrate. The only other after the defendant's little girl. Defendants was up. Colonel sud Mrs. Prior decided to let 688,036.00 trate's warrant issued in which the scoused was
question to be considered in the petion of were to pay her passage, sad in March this the plaintiff go earlier than they were legally bound to, and Mrs. Prior daked foreign government when extradition proceedings Year they were to provide the retura passage. described as “Sun A Wan, late of the Wai Chow
Min Engledow to step into t
the drawing sro pending before the Court: whether in fast The sotul engagement was made by airs, Prefecture in the Empire of China," and, farther, 7,177.00 to the police evidence that the prisoner was ne-
the foreign government con slain to participate Prior, but Colonel Prior provided the money room to discuss the matter The plundr It will be seen that in that case, the words by counsel. Sir Francia Figguit in his very for the passage as wall as the monthly payment, flatly declined, and Mrs. Prior returned and rested and brought before the Court by virtue used in the tresty "any person, to adopt Mr. Tarned and very careful adgment delivered on and it was he who torminated the contro, told her husband. He was furious, went to tha of the warrant. As to this I do not think it can Baron Pollock's language, were "most gener! May 29th, 19 6, in Wong Ka Chane's case, 1., Plaintiff arrived in Hongkong about May, and door of her room and asked her to come into the be contended with any show of authority that words, and the word "subject included not HKLE the facte alleged in the order or warrant (the only nationalized citizens but also ach for HKL at page intimated that a foreign was fairly satisfactory until July Blie was & lady drawing room. She said she would not, government had no locus stand in extradition with a rather morese kind of temper, but for and Colonel Prior replied, Very well, it documents are the form prescribed by the signars sa sccording to the laws of other proceedings. The flearned & Chief Justice the first few months, there was no complaint you do not come into the drawing room 200 30 ont gate Er hans in and army, shots, whom to trees, Anglers orlando bed and before him, in the meat protect aguilla, her mad far more horgal fag Tour 2 hours to aid our would not go and
than thist the allegations subjects, where the fugitive criminal"
which was produced to us, the case of Axcellent governess far as tooching was the Colonel told her to leave in a quarter of
She evidence of the facts alleged. Then what is the in the local Ordinance is expressly limited AB Pu, heard by the Full Court of Hongkong, concerned. In July, Colonel Prior his wife other evidence relied upon ? Sol Fuk says he to subjects of Chins i And the
Rassell C and Leah J., in 1887, when Mr. and child and the
the first unpleasan fasas noctered. fino.” Then she ran to the head of the landing the District Magistrate,, that he had known in his judgment were directed in the couton the prisoner previously on the 8th or 9th moon of the USA and was not a person who was
Hion that the prisoner was a naturalised anbject
Camera Bore it to him Cationis That The when hira Prior told the plaint to Price did shower darzy up her bor Colonel Ve 1891 14 0 B., 147, in which the English and have dinner with her child ban house, but the box was subsequently taken up, said she would not give orders in his of the same year (6.6, 1908), that he had boon be regarded as saximilated to a subject, and I de Government before the Divisional Court. 1so that the child might
Magomed for the file care that the datendant went. She aid by coming and going in Af Pi village frequently
the pooked it, and then all her belongings got to bed early. (.8., when the Alleged robbery took place). In net think the remarks can have any direct, bear-notceable the the order niet in that base called $1,279,064.00
Mia cross-examinating, he said that he had never thing in regard to the express and specifio words upon both the polios magistrate and the Consal, thingleder war radios sumoved at this, and were pas out of the house and she went
the start of 1
her diangreeable Batter from Hoons Dration
few days later Colonal spoken to him, that he was in the market need in ons Ordinamon. Nor do I think the General Lor Switzerland to show cause,
behaviour. Then inaldent followed acident place, coming and going nearly every day, that contention put forward in the net for Whether or not the learned Chief Justice, would only to Aims: Prior, but also to Colonel Prior amount of salary and to her up to the 18th. The Japan, where she was very Insulting not it applying for payment of 859.25, being he heard people talking, hence at now Kis Henry Berkeley that the word "subject used have modified the opinion he exposed in same was Bun A Wan, and that he did not in the local Ordinsnes, mesas "ambject to the Wang Ka Chans' case had the import On one position, the remarked to Mrs. Prior latter also seked about the plaintinis passage to radiofion of Chins so as to bring it within out prooodents be brought to be notice, it that the was fired of noding to governes, and India. Colonel Price was how willing to pay Mr. Alabaster suggests that the whole object of the cross-examination was to establish ciled can be enstained. In regard to Wong Ka Attorney General for the Crown, raised no told the plaintiff that she with bound to her until departure day night when Hermanz Witaler, the Gorm the prisoner's, seapolation with the Reform dinged in rapport of the prisoner's nationality represented, and we determined on this occasion Bhould make the best of it Later, the plaintifti stand, sou gave evidence on the tines of his Chune's case already referred to, the evidence objection to the Chinese Government being March, and if she did not like the situation she Colonel Prior was then called to the witness and that this creates prima German Consular Court at Shanghai to two are subjects of China. Having regard,
was obviously, we expears in the judgment, vory that without deciding the question si largs, we wished to give My Price three months netice, Policitor's opening tatement He
years' imprisonment for plandering the mails over, to the necessity, so I have stated, of
of the question being raised again, we should. When she wished to give three months notice that she expected to flud Hongkong a between Shanghai and Hankow by removing evidence, I do not think that suck an implics Food prima facie maze of Chinese nationalty
require faller argninent on the point than was that if she scompted the notion the Advis satisfactory, socially speaking, and of late her ound occasion Mrs. Prior told her paradise, but was disappointed. * She wan the souls-from-letters and abatacting their Avail. Then Clian Chau states that he had judgment is not the case fire, and his wung konkre glade applied for coets agafart the the plan to do nothing in a hurry and onduct had become, if it was not libellous to
tion, even if well-founded, can be of much are before the Magistrate, which in my possible on this cocesion.
hunting discontented mnrose brand always would forfelt her retulizi paerage. contents, made a determined effort to escape known the prisoner since 1903 that he was the prisoner A rebuttal by the prisoner Sir Henry Berkeley, rühmitted that the C to let her now when she got to Hongkong. On say so, outrageous. She used to walk up and
mented on the fact that it was not
rebatted by Chinees Governade from oustody. He was brought down from wiped to take trees to his master that he saw in the present esse having regard to the con cold mot gant costs against the Chinese Shanghai by the ss. Buelow en route for Ger farther atton that in 1903 was the flint time his struction I place on the evidence would have Government because that Government was not
in 1904 and once again in 1905, and ha many, where the sentence is to be served, and aw him and that he heard in the country that bon unneccanary. We were formed by Metart of the record, and in the learned Plate took advantage of the absence of his atten. he was a robber and thing. Another witness Alabaster to certama general principios in Taylor Judge he rated, it was not altogether clear dant at night to make dash for liberty, Ho Lim, said he did not know what part on Evidence, but having regard to the express that the Chinese Goverment could appea k and white she would write that she wished to In cross-examination, witness sald he could He was locked in a cabin, but taking the bel and be the word counter inted Fudgment direct tridence of proof, they not the parties and the Crown
the country the prisoner came from,
words of the Ordinance which require in my * The Chief Justice. The question is between aboete and his own clothing he made a rope to i
imply it is
« Chins, which is probably obvious, a think gormans to the point of arms, Haringar. Mlades. I should like to relieve the Crown which be fastened to a hod. By means of the hat the foot in isole dose not toeblich his gard to the conclusion thich I have arrived of costs, because it le not at fault in this case rope he lowered himself into the ster without Chinese nationality, as there are numoren on the first contention put forward in bebalt of If a foreign government or a private individual
his swim Territories who are British
Chinees in China Hongkong and the New the prisoner, it becomes unnecessary to decide Intervened in case they were liable to colla were preferred
I have the other point as to the production of the Feria consideration of the master night be. to all the eridem which theorigu warrant or ita equivalent before the deferred. and Crown and the Chinese Goreraentely, and Magistrate here, but speaking generally. I adopt Su Henry Berkplay There is no ass de two 12am clearly of opinion that there wed no the argument
out of the tenet Corner, Gonbred forsing the Hops deferred musketh the heart the ook ity.
direct evidence before the Magistrats of nation-so to the intention of the legislature in expressly sickespea
Fu: then it is contented it le not discriminating between the requirements of the
Mr. Slade I am going to rops you in to prove
Imperial Act and those required in the bos if I can Tier A dingher was lowered and ho
Consideration of the question was postponed was taken on board in a very exhausted mad, farther, that the onus Condition: He was entirely nude, but were prisoner to show he is not a subject of China,The Puiane Judge This was a motion to a bowler hat. The corewain took him to and that if there
Prima face evidence Chi- make absolute a rale nie granted the Chief the Water Police Station, where stimulants and nese nationality it is for the prisoner to show Justice clothing v were given him. Asked who he was
hear them dull him “a reformer As to this, the reasoning of the judgment, which have is not worth while now to consider, would Hire to be a hospital nurse. Hrs. Prior then her $19 due for wages up till the time of her
· steamboat officer who was sentenced by tas faci prosumption that the Bator Aferent to the evidence in this case, and the would hear Air Hory Berkeley. In the event but the defendant, asid she could not nocept it. the plaintin wrote to his wife telling her
making a sound and then commenced for liberty. The strong ource parently more than he had reokai
bo had been in the water
and a half hours he was pioked
Lim
prisoner's nation
Turned Chief Juatios found that there was
Swain of a poline launch near the Police ti hot challenged by him Ordinance. In my opinion the tale must be
placed on the
tast he is not of Chinese nationality. In
of this contention named
ho, replită that he was a Norwegian.
Jobannen, and when he was further questioned
Case of Beg QBD, page 93, as relied spo
as to what ship he belonged to his answer who case which had regard to an ext the dune Of course, no such ship could be between the United King Laced. Inspector Langley then examined the lands and
man's hat and inside he found hi
cant. Tas
Inspector remembered the name and the in, deliver oulout, and the man was taken down to the sons German mail stammer at the wharf The
appearance of Witzler orested no little surprise, tion of
as he had not been, mised. He was brought | within the
before tha Machitraka yerlarday and stated that
he was willing to return to the ship. An order ind
to that moot was kaon made.
why Sun A Wa
committed to
criminal
tradition
der saction. 10 of the Chinese:
and the
from on
dod inter olsa that the
of boti
gron
which Ir. B
Hod
tories of the
Bined in the
fire criminal should
Fshortly, that the words
as defined by section 2.
are limited to a morcet er likene
there was to evidence before
Show that
September 18th, before ariva al Hongkong, down before the verandah of his room with her the plaintiff wrote letter to Mrs. Price Calling oss in the air and her eyes apparently fred en her hit the foomer the bandar caffled the Peak, and he felt sure that she did this to the better was Mrs Prior desired it in black imitate him
sign her sppointment by giving three nat enggest any reason for the plaintiff's diere- Starday months notice. After a consultation Cospectful conduct. He was firmly convinced lonel and Mrs. Prior decided not to last the had desired to be irritable, and he Locept the letter, f said nothing thought her ingratitude of what they land dong about the forfeiture of passage money. On for her was most marked. Plaintif resign arrival at Kowloon plaintif wrote saking Mrs. Gaz upset the child's education... Ha know Prior to socept her resignation with Effect Engiedow was short sighios, but they were only from December 19th, instead of continuing until five yarda spart when she ignored him. On March, and sisting that she fully realised by this one occasion witness found paintiff listen. thep that the forleibed bell alking to her returning of this door of the room in which he journey expenses. The resignation was sccepted and lus wife were conversing, but he did not If these two letter did not show a complete speak to her about it as he was said contract, he did not know what did but he bo- the would make a scene. On one oco leved his blend come to Alege Couroion plaintiff's wages ware withheld because they Whether it meant that Colonel Fri
brer: had resson, to think she
mesut bolting the plaintin with w sword or
paying her he watched the exchange so that Inow, A few days after
she should have the advantage of a for advertised in the Broom with another position, Front this
Who do you expect is going to pay her passage India? Some of her friends. Lsuppose, „putting up costa föz hér now
Prior then gave evidence, and the hear. was adjourned until tais morning,
1 SUMMARY JURISDICTIO
BEFORE HIB HONGUE MB. H H. J.
GUMPERTZ”
THE CLAIM
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