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strike us as one that will with any c certainty appeal to the generosity of future genera- tions, so that subscriptions cannot be counted on for its support, and the prospect of the income from fees together with the endow ment covering the expenditure is at least doubtful. As a memorial of the Diamond, Jubilee, therefore, it
unsuitable. appears
THE HONGKONG WEEKLY PRESS AND
*
On returning to court Mr. Slade mentioned that the Attorney-General had agreed to the following course being adopted. On their Lordships granting a re-hearing of the case the defendant (the appellant) would plead guilty on the fine being reduced to $50, the forfeiture of the opium, which was also part of the conviction, standing.
The Attorney-General said he understood their Lordships would grant a re-hearing only on the ground that the amount of the penalty was excessive. He had considered the matter carefully and had come to the conclusion that it was better to accept a verdict of guilty with the reduction of the fine, the forfeiture of the opium standing.
BUNDER SINGH, APPELLANT, V. CHEUK SAN
HOP AND ANOTHER, RESPONDENTS.
THE SHANGHAI MIXED COURT. In the explanation given by Mr. PROBST at the Shanghai Ratepayers' meeting with reference to the Municipal Council's surrender to the wheelbarrow coolies he
The Chief Justice-The result is this, that mentioned that though the Council bad
the Court refuses the application for a rehear legislative powers it had no judicial powering on the ground that the decision of the Ma. by which to enforce its laws and that the gistrate was erroneous on the point of fact and inadequacy of the punishments inflicted by also on the ground that evidence can be adduced the Mixed Court was now receiving atten- now which could not be adduced, before the tion. If the recent troubles in the Model Magistrate, and the Court alters the decision Settlement result in the placing of the of the Magistrate on the second ground of the Mixed Court on a more satisfactory basis and application, that is to say, that the penalty in the ensuring of the better administration of flicted was excessive, by reducing the penalty the law it will be a case of good coming out from $500 to $50, the forfeiture of the opium standing; this being done by consent of the of evil. This is no new question. In the parties. The Court will make no order as to Chefoo Convention the following declaration costs. is made: In order to the fulfilment of its trenty obligations the British Government has established a Supreme Court at Shang- hai with a special code of rules, which it is now about to revise. The Chinese Govern- "ment has established at Shanghai à Mixed Court; but the officer presiding over it, "either from lack of power or dread of unpopularity, constantly fails to enforce "his judgments. It is now understood that the Tsungli Yamen will write a "circular to the Legations, inviting foreign "representatives to consider with the Tsung- "li Yamen the mensures needed for the more effective administration of justice "at the ports open to trade". No action has yet been taken upon this understanding, possibly because, owing to the personal character of the officer who has in recent years presided over the Mixed Court, com- plaints of its inefficiency have been much less frequent than they were formerly, but
"
the constitution of the Court nevertheless leaves much to be desired. It is to be hoped that the question of its reform may now be taken seriously in hand.
SUPREME COURT.
21st April.
IN APPELLATE JURISDICTION.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE) AND MR. T. SERCOMBE SMITH (ACTING PUISNE JUDGE.)
CHEONG A YEE, APPELLANT, V. REGINA,
RESPONDENT..
In this case the appellant was convicted by the Acting Police Magistrate on the 1st April of being in unlawful possession of eleven balls of opium of the value of $198 and he was fined $500 with the alternative of three months' im- prisonment. He sought for a rehearing on the following grounds, namely, that the decision was erroneous on the point of fact, that the penalty inflicted was excessive, and that evi dence could now be adduced which could not be
adduced before."
i
Mr. W. M. Slade (instructed by Messrs. Wilkinson and Grist) appeared for the appellant and Hon. W. M. Goodman (Attorney-General), instructed by Mr. H. L. Dennys (Crown Solicitor), appeared for the respondent.
When the case was called on, the Attorney- General informed their Lordships. that his learned friend had made a proposal with a view of settlement if their Lordships would consent to a certain course. Counsel therefore wished to discuss the matter with their Lordships in chambers,
Their Lordships agreed to the private con- sultation with the counsel and they retired.
Mr. J. J. Francis, Q.C. (instructed by Mr. H. W. Looker), appeared for the appellant, who applied for leave to appeal from the decision of the Acting Puisne Judge sitting in the Summary Jurisdiction en a question of fact.
Mr. Francis said the application was made under Sections 41 and 47 of the Summary Jurisdiction Ordinance, and he was bound to make the application ex parte in the first in- stance. He suggested as a matter of con- venience that their Lordships, would give him leave to serve a notice of motion on the other side, so that the arguments for and against
·
'could be heard at one time.
Their Lordships agreed to this course and fixed the hearing for Tuesday next at 12 o'clock.
Mr. Francis then mentioned the case in which Sunder Singh and Mana Singh were applying for leave to appeal against the decision of the Acting Paisue Judge whereby they were, on the 15th April, committed to prison for
three months for contempt of court.
This case arose out of the one just mentioned and on the application of Mr. Francis it was ordered to stand over.
22nd April.
CRIMINAL SESSIONS.
BEFORE, SIR JOHN CARRINGTON (CHIEF JUSTICE.).
SERIOUS CHARGES;
[April 28, 1897. to stand aside belonged only to the represents- tive of the Crown. In substance this was a private prosecution, but it was admitted that the information was laid by the Attorney-Gene ral and as a matter of form it must be taken that this was a Crown prosecution for the pur- pose of asking a juror to stand aside. í
Another Chinese gentleman who was called was also asked to stand aside.
Mr. Robinson explained the facts of the case. The prosecutor was for a period of thirty years, from 1862 to 1892, the rent collector and mana- ger for the estate of a rich man named Yung Chu, who had property in Hongkong. In 1871 Yung Chu died and his eldest son became the ex- ecutor and owner of the estate, the prosecutor continuing as rent collector until 1892, when he was succeeded by another man, who died in 1895 The prosecutor saw the prisoners and told them he was entitled to large sums of money from the estate for services rendered worry the family" for and asked them to " the money. An agreement was drawn up where by the prisoners were to receive 20 per cent, of the money obtained from the family and the prosecutor was to keep 80 per cent. Nothing came of this agreement, but later the prisoners. entered an action against the prosecutor in the Court of Original Jurisdiction to recover $13,888.88 and in support of their case they pro- duced certain documents, including affidavits, Judgment was given for the defendant and the prosecution now alleged that those documents › were forged and that the prisoners attempted thereby to defraud the proscator of the sum of money named.
The case had not concluded when the Court
Γ adjourned.
23rd April.
At the conclusion of the case for the prosecu- tion the jury unanimously returned a verdict of not guilty. There was another charge of utter- ing forged documents, but in regard to this Mr. E. Robinson, who prosecuted, entered a nolle prosequi and the prisoners were discharged,
This concluded the business of the sessions.
IN BANKRUPTCY.
RE AGHA MAHOMED ALLY SHIRAZEE. Agha Mahomed Ally Shirazee, opium mer; chant, petitioned for a receiving order. On the
29th March judgment was given against the defendant in an action respecting two bills of exchange on the Imperial Bank of Pers the sum of $7,264.04.
Persia
for
Mr. C: D. Wilkinson appeared for the debtor and said his client had been compelled to apply for the order, as Messrs. Jardine, Matheson & Cos, agents for the Bank, had pressed him for payment. There was a sufficiency of assets, and his debts were something about $20,000. The debts due to him were about $13,000, and he had a claim for $3,000 and another for $1,600.
The petitioner was then called and he said he had been carrying on business for twenty years in Hongkong. He wrote to Persia for some opium and received two drafts on account of the
Li Fan and U Chak San were charged with conspiring to divert the true course of public justice in the colony and attempting to defraud Yung Ming Shan of $13,888.88 by adducing inopium. evidence a forged and counterfeit writing pur- porting to be a letter signed by Yung Ming Shan and dated 12th March, 1896.
Mr. E. Robinson (instructed by Mr. Hast- ings, of Messrs. Deacon and Hastings) prose- cuted and Mr. J. J. Francis, Q.C. (instructed by Mr. Mounsey), defended the priseners, who pleaded not guilty.
The case was tried by the following special jury-Messrs. E. Osborne, W. Macbean, C. Beurmann, N. A. Siebs, W. R. Loxley, W. Poate, and T. Arnold...
Mr. Fung Wa Chuon was called, but Mr. Robinson asked that he should stand aside.
Mr. Francis said this was a private prosecu tion and Mr. Robinson had no right to ask any juror who was called to stand aside, The Crown had that right, but Mr. Robinson was not representing the, Crown, although the in-. formation, as in all criminal cases, was laid by the Attorney-General.
His Lordship said asking a juror to stand aside was not equivalent to a ohal- lenge as if the panel was · exhausted he would be called upon to serve. The question was whether the right of asking a juror
:
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He did not, however, receive the. opium. The amount of the drafts was $7,000— $4,000, and $3,000. He had been in the habit in past years of getting his opium from Persis in that way. He was sued in respect of these - drafts, and judgment was given against him. He had endeavoured to settle the judgment, but Messrs. Jardine, Matheson & Co, would not give him time. No other creditors were pressing him. He expected to collect some money from Iran, in Persia. From Persia he expected to collect $13,000 and from Bombay $1,600. He was also entitled to get $7,000, the amount of the drafts, from the drawer. He had a claim against the Mercantile Bank of India, in Hongkong, for furniture for $300 or $400. His debts were about $3,000. He had also $300 in cash, and
something over $20,000.
The receiving order was granted.
Discussing the proposal to establish a nursing institute at Shanghai as a memorial of the Diamond Jubilee the Mercury expresses the fear that if the nurses were young and pretty they would soon get married, and that, if the reverse, their services would not be in great demand.
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