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of the .s. Edendale to bo used as a hospital ship.

TERMS OF THE JUDGMENT. [From Our Own Correspondent,]

Shanghai, 80th June,

12.85 p.m. In the Samson case, judgment has been given for the plaintiff in the sum of Taels 19.000 less the amount due for taking the Samson to Japan. The defendant is allowed Taels 40,000 in respect of thio purchase of the Edendale and Taels 1,000 for medical stores.

[in this case, Alexander Pavioff, the Ruming Minister to Korea, sued Thomas C. R. Ward in the ram of 10,000 taels, on the ground that the defendant had prejudiced his beneficial -ownership in the steamship Samion by selling the versel, in March last, without plaintiff's con⭑ sent or authority. It was alleged by the pinin- tiff that the vessel had been and for 80,000 taels. The defendant, in reply, said the vessel was sold for $7.00 Inels, and alleged that plaintiff was either the beneficial mar the actual owner of the Samson. In all the transactions connected with the vessel, the plaintiff had acted as the representative of the Russian Government, which was indebted to the defendant, it was alleged, in a sum largely exceeding the value of the Samas. In October, 1904, n scheme, it was averred, was arranged to send medical supplies and accessories into Port Arthur, ostensibla under the auspices of the Red Cross Society, but with the real intens tion of enabling the defence to be profenged. The plintiff agreed with the defendant to purchase the Samson and another vessel to be used as a hospital ship and also the par chase of a quantity of stores and accessories, The Samton sailed for Post Arthur on or about the 27th October, but was detained and refused access to the port by the Japanese Govern ment. The defendant also alleged that the Edendale was purchased for $200,000 to be used as a hospital ship, but the scheme fell through and the defendant had to pay 49,000 inels for breach of contract. The plaintiff had still left unpaid, it was claimed, the sum of 1,000 tarlson Recount of medical supplies. The plaintiff, it

was further alleged, ngreed to pay the defen- dant the sum of £20,000, and to procure bim a Russian decoration for his work in connection with the scheme. The defendat alleged that the plaintiff was indebted to him for payments fatir alia in respect of insurance, dock charges, stores and wages for the captain and crew of the Samion to the amouál of 11,255.8 tels. The set-off was as follows: Medical accessories 1,000,20 thels ; payment in. respect of liability ṛe "Edendale 40,000.00 facis ; Agreed remuneration 150,885.00 taels; pay. ments in respect of Samson 11,355.84 taels; total 203,140.84 tacle. By ale of Samson 57,000, tgels, leaving a balance due to defen. dant of 146,140,81 taels. In ourt it was agreed to amend the reply so as to read that Mesir. Kristensen and Co. were the ❘ purchasers of the medical stores for the defendant. The jury found that the plain- tif purchased the Samson on behalf of

the Russian Government; that defendant bad ng authority to sell the Samson, but he had authority to purchase the Edendale. The defen dant had also the right to purchase medical stores, The jury found that the purchase of the Edendale was cancelled for 40,000 taels paid to Kristensen and Co., and that sum was deducted out of the sale price of the Samson when to- sold to the Shanghai, Tug and Lighter Co. The legal arguments were heard with the result as given is our telegram above.-ED.,

# # 7)

THE KOWLOON. CANTON RAILWAY.

BELATED NEWS.

[From Our Own Correspondent.]

Shanghai, 28th June,

II.E.

9 a.m. Sir Ernest atow, the British Ambassador at Peking, has been informed by the Waiwupu that they are agreeable to the proposition that the railway from-Canton to Kowloon shall be a joint concern of the Chinese and British for a lie. tance of 25 miles from Canton.

The remainder of the line will be solely under British control.

The above telegram appearing so very in- comprehensible the interpretation of the Government here was sought, but no light whatever could be thrown on it. We based our interpretation on the following paragraph, takan from the Universal Gazette, and printed ⚫ in our issue of the 19th inst.--The British Mini-

ter recently informed the Waiwupt that the

Hongkong Government intends to build a rail. way between Canton and Kowloon and that Sheng Kungpas shall complete negotiations with the British authorities at once. The rail way was originally a joint concern of the Chin- ese and the British, but now the British want to have the railway as purely British up to as miles from Canton and from there to make it a joint concession, The British Minister now endeavours to conclude the matter with the Waiwupu,—En., H.K.T.].

[Private telegram.] CHINESE ENGINEERINGS,

INTERIM DIVIDEND DECLARED,

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THE HONGKONG TELEGRAPH SATURDAY, JULY 1, 1905.

LEGISLATIVE COUNCIL.

and confirmed.

MINUTES.

291b ult.

The minutes of the last meeting were read The Colonial Secretary moved that the report of the Finance Committee (No. 3) be adopted,

The Colonial Treasurer seconded: Carried

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was next dealt with, the Attorney General den prisoner's guilt sufficient to warrant his come cribing it as a very important one in respect of mittal for trial as required by section to The the question raised under it. It raised a very Attorney-General, after quoting authority to serious question with respect to the validity, show that the Court had no power to review if not of the whole of the Extradition: Ordin- the decision of a Magistrate on the question ance, at all events, of certain sections of it, of fact where the Magistrate has committed and that question must be settled by the Court. the person to extradition, Lasked that the That question was the ultra vires of the legis-rule for habeas corpus be discharged. lature.

Mr. Ferrera having replied to the argumentof the Crown, their lordships reserved judgment.

The Chief Justice-I take it the point has frst answer I make to this questions is that if not been railed before.

The Attorney General-No, my Lord. The it was necessary to prove the prisoner guilty, in the sense of establishing his quilt in. the mind of the Magistrate before he could be committed, that was done by the evidence of two witnesses, pamely, the woman who was robbed and her amsh. The Magistrate after hearing wit 'nesses for the prosecution and for the defence came to the conclusion that the

dered. was guilty and committed him to be surren.

man

PRINCIPALS AND THEIR "COMPRADORES

IN BANKRUPTCY MATTERS,

Mr. Bowley Yes, my Lord. re-served on amendment.

Mr. Goldring-The petition will have to His Lordship Is that so?

Mr. Goldring-Certainly, my Lord. petition is either good or bad. If you consider it bad and give leave to amend, it must bày) re-served,

Mr. Bowicy The local Ordinance, unfortuste a nataly, does not follow the home Ordinance: 934) Mr. Goldring-The petition is bad, and therefore, must be reservedamento mak

At this stage his Lordship adjourned the hearing till 2 o'clock,

The point was discussed after the adjourn mont his Lordship eventusity holding that the amendments of the patition did not so vitiate it as to warrant it being dismissed, and alagi"E" that there was no necessity for the docum ment to be reserved."

Mr. PW Goldring, of Messrs. Brutton, Hett and Goldring, appeared for the plaintif Mr. H. E. Pollock, K.C., instructed by A mesting of the Legislative Council was George Hastings, represented the defondants. held this afternoon. Pratant:--His Excel. In opening the case, Mr. Goldring stated lency the Governor, Major Sir Matthew Nathan that lo September last year ad agent of the L.C.M.O, R.E., Hon. Mr. F. H. May, CMO, Yannan Southern Railway came to this Colony (Colonial Secretary), Hon. Mr. L. A. M. and began certain negotiations with a view to Johnston (Colonial Treasurer), Hon. Six entering foto a'contract to consiratt certain H. Spencer Berkeley (Attorney General), sections of the Yunnan railway line. /The Harbour Master), Hon. Mr. W. Chatham, the second defendant and another. The con Hon. Capt. L. A. W. Barnes-Lawrence, R.M, tasuli wis that a contract was entered into with Director of Public Works), Hon. Mr. A. W. tract was signed in the office o of Menics, Leigh Brewin (Registrar-General), Hon, Sir O. P. and Orange, Then the second defendant en Chater, CMO, Hon. Dr. Ho Kai, c.1.6.,|tered into a sub-contract with the plaintiff — Hon. Mr. Genham Stewart, Hon. Mr. C. W that was at the end of October or the ba Dickson, Hon. Mr. Wei Yuk, and Mr. A. ginning of November last year. The plain G. M. Fletcher (Clerk of Council), **,

diff accordingly set to work and accompanied by ga men he proceeded to carry out the contract.

joth wit. They reached their destination by the steam.

The interesting bankruptcy case of the Ching ship Arbuthnot on 7th November, and com

Hop firm, in which it will be remembered

Mr. Bowlay then proceeded to call evidênce. and of the same manib. The work continued menced work on the Yunnan 'railway'on the

application was made and granted last week for the release from prison of one of the part bankruptcy. During the argument which en

for the purpose of proving the specific acts of practically without interruption until the 24th The Chief Justice. We have not get thatners, was again brought to the notice of the sued his Lordship said that the fact of one of of February and a considerable amount was officially on the recorda,

Chief Justice this morning when Mr. F. B. L.

the partners of the firm having absconded could done. Two payments in advance were made The Attorney General--Yes, we have. The Bowley (Merurs Dannys and Bowley), appear

not be taken as an act of bankruptcy "agdinst one of $1.00 on and February and another of fact of bis being commuted. It is not necesing for petitioning creditors, and proceedid the firm. It is not every act of bankrupicy $800 on the 3rd, in view of the Chinese Newtary for ons prove that the Magistrate with an application for a receiving order.

committed by one of the partners which a The remainder waï the amount for absolutely found him guilty, - :

The petition, he said, was presented by some entitled one to a receiving order against the Mr. Ferrers stated that the Magistrate had were that the Chinz Hop firm, who had for lating to the property or business of the firm, which the plaintiff now sued. Repeated appli

The Puline Judge-in a short argument twenty creditors, and the material allegations firm; it was only those acts of bankruptcy res done so,

several years carried on business at 183 Wing-The case in dispute was a purely personal act lok Street, were indebted to their creditors' in the aggregate sum of $107,364.13, the acts of bankruptcy including notice of the suspension of payment of debts and the fact that the two principal partners had absented themselves from their usual place of business. Mr. Bowley was proceeding with his application when His Lordshipobserved. Supposing this péti- on was presented by the compradores without the knowledge of their principals? I quite understand the position of the compradores; but, as I rald the other day, 1 must have some sort of evidence that the presentation of the petition is authorised by the principais.

Mr. Bowley-Your Lordship understands that the compradores are responsible for all there debts.

TRANSFER OF NEW TERRITORY LAND. The Council went into committee on the Bill catitled An Ordinance to facilitate the transfer of land in the New Territories and for settling disputes in respect thereof and other purposes. The Attorney General said that as the result of the further consideration which had been given to this Bill, it was proposed that in clause 5 the word "instrument" should be fellowed by the words "judgment, order or Lis Pendens. This was proposed owing lu the limited interpretation previously given to the word "instrument."

Agreed

The Bill passed Committee and the Council resumed.

seconded by the Colonial Secretary the Bill was

On the motion of the Attorney General, read a third time and passed.

His Excellency-That in all the business before the meeting. With regard to the Bill relating to the Merchant Shipping Ordinance veral amendments have been proposed, and sideration, The Bill will not therefore be brought before the Council at present. I trust it will not be necessary to call the Council together again until the Fstimates are ready, The Council will adjourà sine die,

it is necessary that they should receive con-

FINANCE COMMITTEE.

Y cations had been made for the money but without avail. A petition was presented to the mandarin in the district and the mandarini went down to see about the matter. On 25th February the amount claimed was signed by the second defendant, who used the the chop the Yun

nan Railway,

Mr. Pollock said the second defendant an doubtedly did ask the plaintiff to do some work, and the former was not in the matter at all.

His Honour-Do you admit the liability of the second defendant?

Mr. Pollock-We don't agree as to the state- ment of accounts We say the second defend aut has paid all and more than all that is due.

Mr. Goldring proceeded to explain that the plaintiff on 17th March received an order on the arst defendant from the second for payment of the balance. The order was presented, and

failing to obtain any money, these proceedings

were instituted.

After the evidence for the plaintiff had been received, Mr. H. E. Pollock, K.C., opened the defendants' caso. He maintained that the action would never have arisen if the plaintiff's measurements had been correct, but his mea A meeting of the Finance Committee wasements were altogether wrong. The result then held, the Colonial Secretary presiding, was that the defendants held there was no debt The following vote was recommended for due to him, the advances he had received

having covered the value of the work done. adoption by the Council;-

Evidence was then led

SANITARY DEPARTMENT.

A sum of 819,363 in aid of the vote, sanitary department, ether charges, for scavenging city, villages and hill district.

The Colonal Secretary said-The vote for this year is not sufficient owing to new and extend- ed contracts, which were dearer than last year. These were considered necessary in order to cape with the proper extermination of vermin,

Mr. Gentom Stewart-The guarabice, was $30,000, was it not!

The Colonial Secretary--I don't remember the exact figure. It was somewhere about that.

Mr. Gerakom Stewart-Pretty high. The Colonial Secretary-More stringent contracts have been entered into, and we have more control over the contractor.

The recomm adation was unanimously agreed to.

This was all the business.

A PROBATE MATTER.

26th ult.

Before his Lordship, the Chief Justice, this morning the case of Choy Ha Shi, Chup Kau Sn, and Choy Shing, versus Choy Chung was heard. This was an application for the granting of probate of the last will and codici, respectively, dated 16th September, 1902, and 25th July, 1903, of Choy Chan, deceased.

Mr. H. E, Pollock, K.C., instructed by Mr. F. B. Deacon, of Messrs. Deacon, Looker and Deacon, appeared for the plaintiffs, the defen- dast not being represented and not appearing in person.

law in

EXTRADITION OF FUGITIVE CRIMINALS.

INTERESTING ARGUMENT

BEFORE THE FULL COURT,

29th ult.

The Attorney General-They are blowing hot and cold, and on a hot day like this they are blowing cold. I submit with great respect to the Court that the true meaning of the words pred in the Treaty and recited in the preamble to the Extradition Ordinance, vis, the words "on proof of their guilt "is not that put upon it by my learned friend. It does not mean on such preof as would be necessary in order to secure a conviction before a jury. What those words "on proof of their guilt mean is no more and no less than on production of evidence of guili. The expression used in the Treaty is not on conclusiva proof, but on proof of guilt; that is 10 say, on evidence of guilt, sufficient to justify a committal for trial, that is to say on, prima facie evidence of guilt. Proof means judicial proof, which is defined as well as other evidence) conveyed in a judicial evidence (which word includes prima facie as manner by judicial methods, eg, by the testi many of a witness. F. therefore submit with great respect that it is incorrect to say the Ordinance is at variance with the Treaty, in declaring, in section to, that the Magistrate shalf commis a fugitive to await the further order of the Governor if at the hearing of the requisition for surrender such evidence is pro duced as would, subject to the provisions of the Ordinance, justify the committal of the fugi. tive for trial before the Supreme Court if the crime with which, he is accused had been committed in the Colony 11 was for the Governor of the Colony when passing the Ordinance which, be it somember ed, complementary to the Treaty and ex planatory of what was in the minds of the parties to the Treaty-it was for the Governor of this Colony to determine on what amount of proof of their guilt fugitives should be surran. dered. The Treaty between the Queen and the Emperor of China bas stated that fugitives from China should be surrendered on proof of their guilt. That is a somewhat vague, and, 1 submit, an elastic expression. It might mean anything, but when we come to see what the real meaning of it is and turn la section to of the Ordinance we find that it was determined that prima facie proof of their guilt should suffre In other words, that praoi sufficient to put man an his trial at the Supreme Court for an offence, if committed in the Colony, should be fugitive to awaft the further order of the Go vernor upon a requisition from the Government of China. Continuing his argument, Sir Henry said it was conceded that this Court can ad- judicate the valid ty of any Ordinance of the local Legislature, but he submitted that there is nothing ultra vites in section 10, which mast be taken, as it surely can be construed, as expressing the meaning of the parties to the Trea'y of Tientsin when they used the words "#pon proo" of the rguilt." The restriction in the Treaty is not that such evidence must be given as would justify a jury in finding the fugitive guilty of the crime charged, but that proof of his guilt, that is to say, evidence of his guilt, should be laken by the Magistrate nance and the Treaty are not to be construed before a fugitive is surrendered. The Ordi- separately. The former is complementary to to the intention of the parties hereto. A there and explanatory of the latter; and gives effect consider whether the local legislature could is a freaty it would seem to be unnecessary to

of a Treaty; but he submitted that it cannot pass an extradition Ordinance in the absence require a Treaty with a foreign country to con fer jurisdiction upon

and not by the principals.

His Lordship—If that is so; if you put it on that ground it is a petition by the compradores

Mr. Bowley-If they are regarded as sute. lies for the debts, as principal clerks, in the offices, they are entitled to use the names of their principals.

His Lordship-1 here must be some sort of authority to the Court showing that compra dores are authorised to present petitions

Mr. Howley have authorities in my hand. One them says "We authorise our com- pradore to use our name in bankruptcy pro- ceedings."

His Lordship-That clears it.

Mr. Bowley said he would file the authority His Lordship-Yu have the authority of all the prin-ipals mentioned-all there who are acting by compradores?

Mr. Bowley Yes.

His Lordship-They must be filed on the record.

.

Mr. Bowley, proceeding with his application, stated that on or about the 8th June the Ching Hop firm gave notice that they were about to suspend payment of their debts.

Hisardship-Was that a verbal or written

notice?

Mr. Bowley-A verbal notice my Lord. That is sufficient, I can quote Williams on Bankruptcy.

His Lordship-There must be some formal evidence to the Court.

Mr. Bowley--In this case we have the sinte est in the petition, verified by the affidav t,

necessity for the present bankruptcy being pus Mr. Goldring said there was not the slightest on the file. There was a petition in bankruptcy against the firm and also an interims receiving b order. The matter had burdened the estate with a very large amount of costs. He asked that the order be dismissed, pas cherstad question of consolidation on Monday, kt `After argument it was decided to discues the

CHIT COLLECTING.

A NOVEL METHOD,

It is fortunate for a great many people in Hongkong that the collection of chils is not conducted on the same informal style as that which was brought to the notice of the judga In the British Coout for Siam a few days ago In that delightful country if a man shouts loud enough the police make an arcuator told arrest any one, the guardians of law and order proceed to put the request into operation and subsequently make investigations. The other day a man was sued for Tes. 500 damages forgi during the hearing of the case the following wrongful arrest and falso imprisonment, and 4 observations were made-

Defendant said that he had been applying to plaintiff for ten months for the chits.

Plaintiff said he had only been in Bangkok eight months, and it was not true that defen dagt had applied to him before:

*

His Honour: Where are the chits? VASTAS Mr. Naylor said he believed they werd in Mr. Clement's possession,

His Honour: What right has Chief Inspec tor Clements to keep these chits? Where is Mr. Cleinents 7.

Mr. Naylor said he had asked him to attend; Court, but had received intimation that he was

slck.

His Honour: have never heard of such criminal charge whatever, and then to keep. a high-handed action, to lock a man up on no private property in this way.

evidence and

A police constable was called to give

His Honour asked:-Do you arrest people at anyone's suggestion?-Witness replied that he did, he was quite justified in doing so

Ferreri (instructed by Mr, Oto Kong Sing) sufficient to require a Magistrate to commit aand i would submit that that would be suffi there fight have been a murder or anything. S

ciest proof.

His Lordship-I think I should prefer one of them in the box, in case there might be same mistake.

At this stage, Me,^P^ W. Goldring "said he represented the petitioning creditor in the Chung Hop ex part: Loung Sing Wo, and appeared for the debtor in the present case. intimated that he had an objection to make against the petition,.

Mr. Bowley-If you Lordship pleases, I sub mit that my friend has no right to, make such a statement, because he has not given me the two days' notice required by section 7 subtec tion 5 of the Ordinance. He has not served the with any notice of objection and I submit be cannot be heard,

Mr. Goldring-The summons was only served yesterday.

His Honour: He never told you why you should arrest the man, or what offence he had committed? Yes, I asked him why, and he

His Henour: You did not say that before," But what right have you to arrost any man bes cause he does not pay 7--

If I had not should have been reported' and got into trouble.

His Honour Have you any right to arrest anyone for anything not a criminal offence in this way?Yes, if you told me to great a mas I would do it.

His Honour: You would? Then it is about, time you were taught better.

Witness said that the defendant was very excited, and he thought something woric was the matter.

His Honour: The only trouble was about, debtor. The petition was served on the debright whatever to arrest anyone. The defen

Mr. Bowley-He says he appears for the payment of money, for which the police had no

he would not pay some money. dant sald we were to come "quick, quick," "da Hls Honour But you could not arrest higi for that.

tor a long time ago.

Mr. Goldring-I had no ides the bankruptcy was coming on today.

Mr. Bowley The debtor had 14 days with in which to give notice.

Witness replied that he would, as if he refun Mr. Goldring-1 submit that In this caso theed he might have been reported and have got Ordinance does not apply. That means that into trouble, where a'debt is to be disputed-

• For some time past his Lordship the Chief Justice has had before him the matter of the extradition of a prisoner named Wong Ka Cheung, and many points of considerable in portance have been raised. This morning there was a tilting of the Full Court for the purpose of bearing further argument, the ttorney General (the Hon. Sir H. S. Berkeley), with whom was Mr. H, E. Pollock, K.C. (instructed by Mr. F.-B. L. Bowley, the Crown Solicitor) being present for the Crown, and Mr. H. N

attending on behalf of the prisoner.

The Attorney General explained that hit ap. peared, with his learned friend, in support of a motion which the Crown was making for the discharge of a rule absolute for the writ of habeas corpus. At the last heating the Olaf Justice reserved three points which were the second, fourth and fifth grounds orged by Mr. Ferrers for the discharge of the prisoner. The second ground, put shortly, was that the requi aition for the prisoner's surrender, though no minally for an extradition crime, was in fact made with a view to punish him for an offence which was not an extradition crime. With respect to that the Attorney General submitted that is was a bare assertion on the part of Mr. Pollock said this was as action brought by Counsel altogether unsupported by evidence the plaintiffs as legal personal representativ of Choy Chan, deceased, and asked the Court rendered if he proves to the satisfaction of the He conceded that a fugitive must not be sure to decree probate of the said will and codicil Court on the hassas corpus that the real object in their favour in solemn form of law, there was no defendant present or repre. extradition in order to punish him for an offence As of the Chinese Government is to obtain his sented, and therefore no defence, it was which is not an extradition crime, and that the only necessary for him to refer to the requisition for his surrender for an alleged extra, probate might issue on proof of the due and But while conceding, that, Sir Henry submit such cases, which provided that dition crime is merely to c'onk the real design, proper execution of the will of which probate red, with confidence, that the onus of establish sought, and for this purpose he would calling the fact that the Chinese Government was Mr. F. B. Deacon, of the firm of Messrs. Deacon, asking for the man's extradition for a crime Looker and Leacos.

other than an extradition crime lies with the and to pass an Ordinance affecting persons in him, from instructions received from Choy, of the Extradition Act, "a fugitive shall not Legislature upon the Charter of the colony to Mr. Deacon testified to the drawing up by fugitive. According to section sub-section the colony. Jurisdiction is conferred on the Chan, of the will and codicit respectively. In be surrendered if he proves that the requisition. question, and of the due execution and attesta is made in fact with a view to punish him for pass laws for the peace, order and good gov. tion thereof, in his (witner's) office.

an offence not an extradition crime. if a rament thereof. An extradition Ordinance, he His Lordship don't see any objection to Messrs. Deacon, Looker and Deacon, spoke to Magistrate before whom the application must and might undoubtedly be passed even

Mr. Low Tal, interpreter in the office of fugitive proves to the satisfaction either of the said, is one conceived in the interests of peace, that

order and good government of the colony Mr. Bowley-The section says "Shewing the interpreting of the will and codicil by him first come, or to his Lordship on application though no treaty for the mutual surrender give two days' aplice, stating the grounds on cause against the petition." I submit he must self to the deceased, who had a thorough and for habeas corpus, or to the Governor subse of criminals existed. Instances in point are which he is going to object. full knowledge and understanding of the con- quently that as a fact the application is a tents thereof, respectively, before signing the mere cloak in order to punish him for a 1903, and by the North Borneo Extradition the case in order to allow him to give utice.

the Malay States Fugitive Criminal Ordinance, His Lordship-If that in so, I shall adjourn same.

crime which is not an extradition crime, then Ordinance, 1896. The power of a Colonial Mr. Pollock said that, that being all that was he must be discharged. The question of the Legislatura to pass an Extradition Ordinance hankruptcy petition must be signed by the per necessary in the matter, he would ask His intention of the Chinese Government is ons is recoguised by the Extradition -Act, 1870. titioning creditors, and it is not. It is per Mr. Goldring-My objections are that the Lordship to grant probate of the will and of fact and it lies upon the fugitive These Ordinance he proceeded to quote and fectly clear that if bankruptcy petitions must codicil as prayed.

to establish by satisfactory evidence the exist His Lordship granted probate to plaintiffs in

ence of the alleged intention on the part of continued. The answer to the first of the be signed by the petitioners they cannot be olema form of law, the defendant being order that Covernment. That is the effect of the subsidiary questions, is the prisoner entitled signed by the compradores ed to pay the costs of the action,

words 'in fact with a view to punish for approved to be guilty 7 must therefore be in the tioning creditors.

His Lidship--It says signed by the pell to be discharged because be has not been offence not an extradition crime. In other words,

Mr. Goldring-And further, the Bankruptcy he said, a furilive must not be surrendered if negative. The answer to the second subsidiary the Court believes from the evidence which he questionsupposing the Magistrate to find Rule 259 says tenders that the real object is to punish him for the prisoner guilty is he entitled to bis dis an offence which is not an extradition crime. Charge because the Magistrate would have He conceded that the surrender should be and therefore beyond his Jurisdiction', must, he acted without authority from the Legislature fused though the requisition be for an extradi submitted also, be answered in the negative; tion crime if the Court is satified that such re- quisition is merely a cloak and that the real because the Legislature plainly authorises the intention is to punish for an offence not an ex- Magistrale to commit of prime dels prif and there must have been prima facie proof if was on the fugitive to establish the existence of such an intention on the part of the Government maintained that the Treaty and the Ordinance of China. That he had not done. The prisoner are in harmony but if there be a conflict the ex- had given no evidence to show that the ex-ture acting within its furisdiction must prevail press declaration of the Ordinance of a Legisly Tradition was applied for in order to punish him The freaty was it may be conceded the raison for a non-extradition crime. The only evidence d'etre of the Ordinance, but it did not create

THE DISPUTED COAL BILL.

JUDOMENT FOR DEFENDANT..

zóth ult.

I

THE COLONIAL LEGISLATURE

Some time since we reported the opening of A case in which a coal merchant, named Tai Wing, with business premises at 124. Des Voeux Read, sued a launch owner of 98, Connaught Messrs. Benjamin, Kelly and Potis inform Road, named Cheung Yan Po, for the sum of tradition crimes but he repeated that the onus there was proof to find the prisoner guilty. It

5319 20.

us that they are advised by telegraph that the Chinese Engineering and Mining Com pany, Limited, has declared an interim dividend of one shilling per share (Coupon No. 4).

THE HONGKONG "VOLUNTEER RESERVE ASSOCIATION.

26th ult.

The heating was adjourned, and this morning it again came before the Puisse Judge, when Mr. R. Harding, of Messro. Ewens, Harston and Harding, represented, the plaintiff, and Mr.

appeared for the defendant."

found in favour of the defendant with costs.

day of the statements?

His Lordship-You are not going to dispute

Mr. Goldring-I am only taking objection to the form of the petition

His Lordship-Does the Rule apply?. Mr. Goldring-Yes,

ete

Mr. Bowley-It does not apply. plated that the petition should be signed by Mr. Goldring-The Rule clearly contem the petitioning creditors does not wely to the procedure of this Court.. Me, Bowley-The Rule my friend fast quoted

His Lordship-Under any circumstances, a bankruptcy petition must be signed by the petitioning creditors, and I see this petition is then follow the lenatores. These are the signed" bythe petitionem in my presence" and signatures of the compradores,

Mr. Bowley would submit that in the

Honour said that there were the two most high-banded things he had ever heard ofja first to arrest a man without a warrant on such A complaint, and next for the defendant in this 5, case to be arrested in the police station and sent into the gaol here also without any handed actions he had ever heard of warrant. They were two of the most high "Another Indian police-constable gave similar evidence. He said the plaintiff was arrested because the defendant ads so much outcry.

His Honour I see, if a man shouts,lõud, cough the police will make an arrest ? Yes

You would, under such circumstances, arrello laughter).

His Honour Oh, you would Very wall

'anyone on request, whether English, Germania

Danish, or what not)

Witness replied that the Police orders/wareh that if they were told to arrest anyone the must do so. If he knew the person's langusgu he would ask him what he had to say fo ha would arrest him and bring him to the R Rion,

His Honour So you would arrest, a mat and find out what it is all about afterwards Yes (laughter),

This closed the case for the plaintiff

"NAVAL: NOTES,

26th ull H.M.S. Diadam arrived here yesterday, The German gunboat if left for Pakho Saturday.

Master of Messrs. Johnson, Stokes and Master,duced before the Magistrato showed the fugthe jurisdiction to pass, an Ordinance. That sence of any expressed Rule on the subject, It is rumoured that river work in China And:

Further evidence was given, and his Lordship live to be charged with being a banditas armrests in the Colonial Legislature; altogether the petition being signed by the agents is

ed rabber. No evidence was adduced before independent of the Treaty. Hongkong is not sufficient. this Court in support of the allegation against a foreign country. It is an integral part of the His Lordship That is not an accurate state- the Chinese Government. But there were two British empire and it cannot require a Treaty ment They are not compradores.

28th ult.

an

was an over

elsewhere is to be entrusted to destroyers, but such a course, says the Noval and Military Record, can only end la failure, besides being While for strategical purposes it may be con sidered desirable to maintain the present grouping of our squadrons. It is held by many designed "patrol vessels on our distant that a retum to the employment of speciali,

(ions, such as the Pacific, Cape, and Chinagi the compradores, names, sed in so Ites also, auggested that there should be ano His Lordship The question for you is whe extension of ourar reserves, and ant ther you wish to amend your petition by bring Hongkong, Simon's Town, and Sydney to br log in the principals or striking out all these more armoured cruiters should be manne other people. It is one way of the other, with nucleus crews to be made up to.

Mr. Bowley-Will your Lordship allow the strength by the crews of the patrol vessels, a proceedings, to proceed, treating two of them that the crews of there patrol vesseld shodk as the patitioning creditors 1

by changed vichols motthral that His Lordship So then you will have the man would be kept in the highest petitioning creditors reduced to twal ng Pamclency

A YUNNAN RAILWAY.CONTRACT. |`affidavits-one by the defendant's, solicitor with a foreign country to give the Legislature. M, Bowley pointed out that that infurious alike to the boats and their cróni.? The following were the principal scores in the Pool competition for the member of the

BONOKONG CONTRACTORS AT VARIANCE. › pressing an opinion that the evidence before Jurisdiction over persons in the Colony, sight. At the same time a great many of the Hongkong Volunteer Reserve Association held

the Maglarate showed the latention to be such at the King's Park range on Saturday, viz 1—

as he alleged, and another filed by the fugitive Where the Legislature is "by way of Order to petitioners were signatories. There were 20 Mesira. F. Maxfeld, 44 plus 14-64, W. G. in the Court of Summary Jurisdiction, in which he said be was charged with being a the jurisdiction in derived from the Treaty and Melchers & Co, Meyerink & Co., W. G. Hum Council operating in a foreign country then petitioners of whom Messrs. Slemesen & Co, Winterburn, 51 plas 1667, J. G. Gow, 61 plus to-day, before HI Honour Mr. A. Gagaband. The Chinese word, however, was not

must be in strict accordance therewith ;; and | phrays & Co., Sander, Wisler & Co., Bradley 2-66, P. L. Müller, 43 plus 34-66, L. G. Bird, Wise, Pulsne Judge, the case of Ngai Bam, vagabond but bandit. There must be some

there is a treaty, and & Co. were filled by most desirable for the reasons, stadd: 16 plus 6-62, 1.1. Pidgeon, 56 scr.-56, A. 13 Tai Hang Village, contractor, against Liidence brought forward by the fugitive of me legislation, to give effect to, it will where por Mackenzie, 53 plus 3–55. C. Collier, 47 plus Wal Tong and Ho Wing Sui, 16 Des Vœux B56, A. Moir, 48 plus 452, W. B. Boyce, 44 Read, came on for hearing. The plaintiff ment etherthan that expressed in the requisisible be construed so as to carry out the plain plus 8-52, and W. fl. T. Davis, 41 plus 6-50, claimed from the defendants payment of the lion before the contestion of the existence of Mr F. Maxield was the winner of the comsum of $841.28 being the amount due on an such an intention can form the foundation for pétition The King's Park (500 yards) rangs account dated, 17th March; or, alternatively, an application for his discharge, will be avilable from 4 to 6.30 p.m. on Wedons, the plaintiff claimed the sum in question as * day next, tho, 28th lost, so enable tboss | the balance,dua for work" and labour done The anxt point reserved, the fourth objection, members who have not already shot for the by the plaintiff for the defendants at their that the prisoner had not been proved guilty as Governor's Cup for Juns to do so,

request

required by Article at of the Treaty of Tientsio

THE TREATY OF TIENTSIN.

meaning of the Treaty but he conceded and submitted that if it were clearly-brent that the legislaturs intended to depart from the Treaty the Municipal courts, where the two conficted, would be bound to give effect to the Act of the Legislature. The next polat, the Bith, reserved is, that the evidence given before the Magistrate did not amount to prima facis syidence of the

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