January 16, 1896.] ́
CHINA OVERLAND TRADE REPORT.
His Worship-Well, I only-
Witness-Not there. I understand he has a set at Mr. Buck's place, where Mr. Frazer Mr. Humphreys-At the same time I shall Smith used to have his stables in Pedder's Hill.not use any trap that is not licensed. I think that harness was getting repaired at the time; I am not certain.
Hon. Commander Hastings-Where does Mr. Humphreys keep the white pony?
Witness-He did keep it at Mount Richmond; at present it is at Mr. Kennedy's stables. It has been there two or three days.
Hon. Commander Hastings-Has Mr. Hum- phreys a buggy at Mount Richmond?
Witness-He has a two-wheeled affair. Hoa. Commander Hastings-That was in his stables on the 30th.?
Witness-Yes.
Hoa. Commander Hastings-And it belongs to Mr. Humphreys ?
Witness-I do not know whether it belongs to him or not.
Hon. Commander Hastings-You have never seen the receipt for it?
Witness-No.
Hon. Commander Hastings-Were you there when Sergeant Moffatt came last month?
Witness-Really I forget, but perhaps Moffatt might nudge my memory,
Sergeant Moffatt came into Court and wit- ness said-I did not see him at Mount Rich- mond last month. He spoke to me about the dog licence in the station some time ago and told me to tell Mr. Humphreys about it.
Mr. Humphreys--What do you mean by say. ing I have another set of single harness. Didn't you know that the other set belongs to Mr. Buck and I have never used it ?
Witness-I understood it was yours. The only reason-
Mr. Humphreya-I am not responsible for what you understood. Where did you get your information from ?
Witness-Mr. Kennedy told me. Mr. Humphreys-It does not belong to me and I have never used it. Have you ever seen me use it ?
Withness-No.
Mr. Humphreys-Have you ever put it on any pony P
Witness-No.
house?
His Worship-The reason I am asking is this. If you give me an undertaking to take out a licence I am quite prepared to inflict only a nominal penalty.
Mr. Humphreys -I cannot do that. I will undertake to sell the trap and not drive a trap of mine again as long as that Ordinance is in force.
His Worship I cannot accept that You will be fined $25.
Mr. Humphreye-I cannot conceive the rea son for that, because I am breaking no law if I do not use a trap. It is surely open to me to sell the trap. If I drive I shall not drive in my own trap.
Mr. Humphreys then threw a $25 note on the Magistrate's desk and left the Court
RIDING AT THE HAPPY VALLEY.
A POLICE COURT SUMMONS.
At the Magistracy on the 14th Jan., before Mr. T. Sercombe Smith, Mr. A. S. Manners was summoned for committing a breach of No. 4 of the regulations made on the 7th of Notember, 1892, by the Governor in Council under Ordinance 8 of 1870, by using the Wengnei- chong recreation ground for a special purpose otherwise than provided by the said regulations, to wit, riding a pony without the consent of the Governor." Mr. H. P. Tooker prosecuted ou behalf of the P.W.D. Mr. Ellis appeared for the defendant.
Mr. Tooker-Yes, and bring it under the regulation made in May, 1892.
Mr. Ellis-This is a most irregular pro- ceeding.
His Worship-I do not think it will do your client any injury.
Mr. Ellis-No, but it is a most irregular proceeding. My client is brought here on a summons which is most unintelligible, and-- His Worship I do not wish you to make remarks of that kind.
Mr. Tooker, then said that the regulation was posted at the entrance to the ground.
His Worship Was it there on the 4th of January?
Mr. Tooker-No, not on the 4th January. Mr. Ellis-I can give a reason why it was not, your Worship.
His Worship-If it was not there on the 4th of January, Mr. Manners did not have notice.of it.
Mr. Tooker-It was posted after appearing in the Gazette.
His Worship-It was not there on the 4th January. Is it any use your going on? Mr. Manners has not had notice.
Mr. Tooker-If your Worship decides he has not had notice then of course I cannot go on. The Director of Public Works sent him a copy of the regulations.
His Worship-That is all very well in a way. The question is, was he bound to take notice of that?
Mr. Tooker-The regulation has been in force some time.
His Worship-The Ordinance requires that it shall he exhibited at the entrance to the grounds or in some conspicuous place. You His Worship - What do you charge the de-fold me that the late regulations are kept fendant with, Mr. Tooker ?
in the custodian's mat shed, and if a person wanted to see them it is quite possible the cus- fodian may be out; in the other case the May regulation was not posted on the 4th January. I do not think you have a case. I do not mind adjourning the case so that you can take legal advice.
Mr. Tooker - He is charged with a breach of the regulation by using the Wongnichong recreation ground for a special use without permission of the Governor; the special use is riding.
His Worship Why don't you charge him under the previons regulations made in May. 1892
Mr. Tooker-Because that regulatiqu pro- Mr. Humpherys-Has it ever been at my habits riding altogether. These regulations allow riding on cartain days. I am charging him with promiscuous riding on the ground without permission. I was going to call your attention to the previous regulation.
Witnes-No.
Mr. Humpherys-Where is it kept? Witness-At Mr. Fraser Smith's stables. Mr. Humphreys-I have a double set of harness in addition to that set?
Witross-Yes.
Mr. Humphreys-Don't you know as a matter of fact that that set of double harness was on the 30th December at Mr. Kennedy's being repaired ?
Witness-Yes, it was taken there on the 16th and was returned two days ago.
Mr. Humphreys-I have no more witnesses. Well, your Worship, I think the case cannot be cansidered to be proved, as Captain Hastings only believed he saw me get into the trap.
His Worship-It is not a question of belief; he saw you get into it.
Mr. Humphreys-He said he saw me get into "a dog cart on the last occasion, and to-day he
says he saw me get into a buggy.
He Worship-No, he says a two-wheeled vehicle; he does not commit himself to a dog
cart.
Mr. Humphreys--He did commit himself the
other day.
His Worship-He says two-wheeled vehicle; he corrected his evidouce.
Mr. Humphreys-I do not think he has proved
his cass.
His Worship-I am afraid he has, Mr. Hum- phreys.
Mr. Humphreys-Well, I'll leave the matter in your Worship's hands.
His Worship--I want to suggest to you, Mr. Humphreys, the advisability of taking out these licences. Are you willing to do so? The positions this: For every time you use a vehicle that is not licensed you are liable to be brought up here, and it must cause you a great deal of inconvenience, and it causes trouble to the police as well, and also wastes the time of the Court
Mr. Humphreys--I don't intend to give any trouble to the police nor yet to myself in the future.
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His Worship-I want to know whether the regulations have been published on the recrea. tion ground.
Mr. Tooker--Yes.
His Worship-Are they posted there Mr. Tooker-They are in charge of the custodian.
+1
His Worship-The Ordinance says that the regulations shall be exhibited at the entrance thereof, or in some conspicuous place within the same. Have they been posted in a conspicuous place?
31
Mr. Tooker-Yes; they are exhibited in the custodian's shed.
His Worship Is that a conspicuous place? Mr. Tooker-Yes, certainly.
His Worship-You will have to prove that. The regulation made in May states that unless permission from the Government has first been obtained riding over that part of the Wong- neichong recreation ground which is enclosed within the racecourse and the training track is prohibited until further notice." It seems to me that that is the right regulation under which to bring the charge. Do you consider the custodian's shed a conspicuous place?
!
Mr. Tooker (who had stepped into the witness box).—Yes.
His Worship--I am not inclined to agree with you.
Have the regulations been legally brought to the notice of the defendant?
Mr. Tooker-We can prove they have been sent to him, and they were published in the Gazette.
His Worship-That does not matter; it is only a proof of the existence of the regulations,
and is not sufficient.
Mr. Tooker-As your Worship pleases. His Worship-Do you take that point, Mr. Ellis ?
Mr. Ellis-I'll take any point, your Worship. His Worship-Do you wish to amend the charge!
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Mr. Tooker-In that case I will ask for an adjournment.
Mr. Ellis-I submit that by the regulations made in November, 1892, the previous regula- tion has been repealed.
His Worship-We are now going on the re- gulations put in force in May, 1892.
Mr. Ellis-But I submit it has been repealed by the November regulations. That was done ipso facto. The May regulation was simply a temporary one,
His Worship-The person who took the re- gulation down may have thought it was repealed, but there is nothing to show it was.
Mr. Ellis-It is not absolutely necessary that it should be done in so many words. The November regulations are "for the maintenance of good order and for the preservation and bet- ter enjoyment of the place open to the public commonly known as the Wongneichong recrea- tion ground." So that the whole ground is open to the public; those regulations repeal any regulations restricting the use of the ground. It is thrown open to the public subject to any restrictions provided by the new regula- tions themselves. I ask your Worship to consi- der that point now, as my client does not want to be bothered two or three times because Mr. Tooker is not prepared with his case.
His Worship-If you look at the top of the regulations you will see it says "the regulation contained in Government Notification No. 488 of 22nd November, 1890, is herely repealed." As the regulations specifically rep a certain regulation any other regulations not specifically mentioned cannot be repealed.
Mr. Ellis-I do not know that that would be the case. I ask your Worship how these two sets of regulations can be read together. If the regulation made in May, 1892, says that no one shall ride on the recreation ground then the regulations made in November, 1892, saying you can ride are certainly inconsistent. His Worship-I do not see in the regulations of November that anybody may ride on the ground.
Mr. Ellis-The word Fide is not used, but if you look at the bottom of the schedule you will see the words. "Public for general use. "I submit riding is one of the general
uses,
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