Page
April 21, 1906.1
If he is not the bona fide purchaser of these goods your Worship must find against him.
His Worship-Supposing I decide that the cises be returned to you, Mr. Hastings, then you say you do not admit an offence at once.
Mr. Hastings-No.
His Worship-I am in a difficulty. Mr. Hastings-There are only two points which your Worship has to decide. The first- has my client made out his claim to these goods, and the second, have they been illegally seized.
His Worship-I understand.
Mr. Hastings My client is entitled to have them as purchaser.
His Worship-The question whether the Opium Farmer will seize your goods afterwards I have not to consider,
Mr. Hastings-He has already seized them. Mr. Deacon - The point is whether the claim- ant can prove his title to them without offence. His Worship-I have to decide the title; you can take proceedings against him afterwards if | you choose.
Mr. Hastings-You cannot try the question of offence unless you have a defendant before
you.
His Worship-I have to consider whether the section applies and whether the claimant has made out a title to those caves.
Decision reserved.
HONGKONG SUPREME COURT.
ANNUAL RECORDS.
The report of Mr. A. Seth, Registrar of Hongkong Supreme Court, shows that the number of actions instituted in the
CHİNA OVERLAND TRADE REPORT.
10 trustee There
FOGS ON CHINA COAST.
special report from Mr. G. Figg, desling The Government of Hongkong have received with the phenomena of fog distribution. We make the following extracts :—-
18
been investigated from observations made at The occurrence of fog on the China coast has
the coast during the five years 1901 to 1905 the treaty ports and lighthouse stations along inclusive. The ports record much less fog than the lighthouse stations in their respective neighbourhoods. But it must be remarked that observations are usually recorded every six hours at the ports, whereas they are made every three hours at the lighthouses. Nevertheless
mouths than at found a few miles seaward of the river it would appear that much more fog the ports on rivers little inland. For instance taking the three ports, Swatow, Amoy and Foochow, we find 182.5, whereas grouping Lamocks, Chapel Island, that the mean monthly percentage for the year Ocksen, Turnabout and Middle Dog results, we obtain a mean annual percentage of 13.5. get almost the same result if we compare Che- foo with the Shangtung Promontory and How- great when Ningpo and Woosung are compared ki lighthouses, but the difference is not so with the adjacent lighthouse stations. the mean percentage of the whole of the stations is takeu, April proves to be the foggiest month, 25 per cout. of the ways being foggy, and September has the least fog, viz., 1 per cent. But the time of the occurrence of the maximum varies with latitude, the S. cast recording the Gulf of Pechili between Juno and July, maximum in March, and Shantung and the As to the conditions under which fog is pro- duced, it is found that the existence of areas of
were 64 petitions filed in bankruptcy juris- diction, 47 being oreditors' petitions and 17 being petitions by the debtors themselves. The number of receiving orders made was 46, being a 34 on creditors' petitions, and 12 on debtors' petitions. The number of public examinations two compositions were approved by the Court beld was 16; there were 28 adjudications; and There was amount of declared assets was $1,867,768.51, one discharge. The aggregate and declared liabilities $3,125,657.21. Of the declared assets only $217,275,36 were recovered. The fees paid into the Treasury amounted to $5,202.20, including the Official Receiver's commission as trustee where has been appointed by the creditors. were 180 grants made by the Court in Probates, 84; letters of administration, 96. probate and administration jurisdiction, being The aggregate value of the estates was $4,837,794.24. Probate duties amounted to $116,601,00. Court fees to $8,845.15 and the Treasury to $2,158.53. There were 49 Official Administrator's commission paid into estates vested in, or administered by, the Official Administrator during the year, represent- ing an aggregate value of $31,077.00. 11 estates were wound up during the year, as against 25 in 1904, representing an aggregate value of $3,700.60. The total number of trust estates in the hands of the Official Trustee at the end of 1905 was 19, and the aggregate amount of trust funds $96,378.08, as against 23 estates aggregating to 8241,264.34 in 1904, and certain house property, viz., No. 6, Rednaxela Terrace. The total number of companies re- panies Ordinance, 1865 gistered from the commencement of the "Com- cate capital of $211,794,108. Of the 462 com- was 462, with an aggre panies on the register some are defunct, some leaving 254 on the register at the end of 1905, re- were not floated, and some were wound up, presenting an aggregate capital of $128,558,501. There were 38 companies registered in 1905, the revenue from which was:-Registration fees, $6,167.50, filing and other fees, $1,415.50, total, $7,583. during the
The total sums collected year by way of fees and to 861,984.69, as against commissions paid into the Treasury amounted
$40,108,37 the previous year.
in
Justice Wise, returned from leave of absence on The Puisne Judge, Mr. 22nd May, and resumed his duties on the same day. The Chief Justice, Mr. (now Sir) Francis Piggott, who was appointed to succeed Sir Willian Meigh Goodman (retired), arrived in the Colony on the 23rd May, and assumed the duties of his office ou the same day. Sir Francis Piggott received the honour of knighthood
the on
24th June, 1905. During the year the following gentlemen were appointed Commissioners for Oaths, &o.. 30 long as they should hold their several offices, viz. :—
|
19
waters are the chief factors.
We
When
Original Jurisdiction of the Court during the year 1905 was 427, and there were 275 pending
low pressure over the Continent and adjacent at the commencement of that year. Of these,
the normal high pressure over the continent 272 were disposed of during the year, 64 being
is gradully disappearing and from time to In Spring settled or withdrawn before trial, and 257 being
time low pressure areas take its place. The struck out of the cause-book as having been
north-east monsoon under the latter condition standing over generally for more than a year, leaving a balance of 154 undisposed of. The total amount involved was $7,845,780.34; the
becomes light or ceases altogether. At the debts and damages recovered amounted to
same time there is an inflow of warm humid $2,651,983.63; there were three injunctions and
air from equatorial regions. We thus frequently. one interim injunction granted; the total
blowing along the coast of a relatively low have a surface current of light N.E. winds fees collected and paid into the Treasury
temperature as compared with the warm amounted to $23,519.25. In Summary Jurisdic
moisture laden current coming from the tion, the number of actions instituted was
South, the latter, however, not necessarily 1,889 during the year 1905, and 394 were brought forward from 1904.
being surface currents but of low altitude. Of these,
at Victoria Peak (1,816 feet above (M.S.L) This is frequently seen by the wind records 1,663 were disposed of, 752 being settled or withdrawn before trial, and 394 being
and from the direction of the lower struck out of the cause-book as having
clouds. In been standing
such cases
it is found that over generally for more
the vertical temperature gradient ordinarily tota a year, leaving a balance of 226. The
obtaining between sea level and the Peak total amount involved was $749,169.34; and the
is diminished or even reversed, the Peak total fees collected and paid into the Treasury Mr. J. W. Les-Jones, Deputy Registrar and sometimes having a higher temperature than amounted to $8,943.25. The number of Accountant, to be a Commissioner for taking least mean difference between the air tempera that at sea level. And it is in March that the distress warrants for rent issued was 435, acknowledgements by married women of the representing aggregate unpaid rents amounting deeds to be executed by them; Mr. G. H.
tare at the signal station and that at the to 846,259.92, of which the aggregate sum of Wakeman, Land Officer, to be a commissioner Observatory (109 feet above M.S.L.) is found, $20,092.47 was recovered, 179 warrants having to administer oaths, &c.; Mr. C. A. D. Mel-The intermixture of these two currents of air been withdrawn on settlement between the bourne, Assistant Land Officer, to be a commis- of quite different temperatures is the chief the April difference being very little greater. parties; the fees collected for issuing distress sioner to administer oaths, &c.; Mr. P. Jacks, factor in the production of fog along the warrants and paid into the Treasury amounted Assistant Land Officer, to be a commissioner coast. With the complete establishment of the to $2,800, There were 41 cases and 76 persons to administer oaths, &c., vice Mr. Melbourne hot weather condition over the continent fog committed for trial at the Criminal Sessions. whose commission lapsed on his severance The number of persons actually indicted was from the Land Office. 71, of whom 54 were convicted and 17 were
practically ceases to occur, except the purely The Registrar, local fogs, which occasionally occur at individual Mr. Arathoon Seth, received the honour stations in the summer, and which are usually acquitted. Against five persons no indictments of a Companionship of the Imperial Service caused by the cooling of the ground by radia were filed, and they were discharged pursuant Order on the 24th June, 1905. J. H. Kemp; tion. The class of fog occurs usually in the to the provision of "The Crimian Procedure Deputy Registrar and Appraiser, acted Amendment Ordinance, 19.4." There were 5 as 2nd Magistrate from 20th March to 12th evening or early morning hours and is quickly appeals instituted during the year of which
dissipated by the warming up of the air after four were disposed of, leaving one pending.
sunrise. Towards the end of the year fog but no decision has yet reached the Colony. One case was carried to the Privy Council,
begins to increase again. The air over the Leave appeal to the Privy Council was granted in the case of Tang Tex U, appellant, and the Attorney General, respondent, com monly known as the Cheung Sha Wan case, on the 4th April. On the 27th July, time for appealing having expired, the petition for leave was dismissed with costs on the applica tion of the repondent. In 'Admiralty Jurisdio- tion there. ♬ nine actions instituted, two of which
gulisposed of, ons having been settled befor
num
total Treasury
leaving six pending. The vessels arrested was three, while fees received and paid into the amounted to $818.50. There
April, when he proceeded to England on three months' vacation leave, followed by nine months' the duties of his office being arranged depart- leave of absence on half salary, the discharge of mentally. Mr. J. Dyer Ball, First Chinese Interpreter, was appointed to act as Assistant Registrar General on the 10th August, Ms place being filled by Mr. Li Hong Mi, the Second Interpreter, Mr. N. G. Nolan, later preter at the Magistracy, taking the place of the latter.
་
continent has now become much colder and
any inrush towards the coast of relatively warm air such as happens when a depression formsand, is liable to cause fog. To the na vigator the practical importance of the the beginning of the year whenever it is known results arrived at is this, that about that low pressure areas exist over China or adjacent water he may expect to find more or A missionary publication raises a ridiculous coming more and more frequent and its obarao-
less fog along the coast, its occurrence objection to the use of "native" in Chins, as
ter probably denser, until the period of "native newspaper”, “native Christian”, and so would prefer that to the missionary Ford | the other hand when China is covered by high on. We should imagine our Chinese friends reached on the different parts of the coast. On year when the maximum of fog obtains is
přemure areas he may be tolerably mare that he
be
the
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