February 22, 1908.}
CHINA OVERLAND TRADE REPORT.
After the meeting the REGIS BAR GENERAL ¡ prec ad ther-after in accordance with the s submitted the return to the Press, It showed pressed direction of the Stainte. Section 7 that on the night of the 19th instant the bodies stated— of one male, rged about one year, and one female, aged about four years, were dumped.
SUPREME COURT.
Monday, 17th February.
IN PROBATE JURISDICTION.
BEFORE SIR F. PIGGOTT (CHIEF JUSTICE).
AN UNCLAIMED FORTUNE.
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Sir Henry Berkeley, K. instructed by Mr. R. Harding. presented a motion for leave to presume the death of oun Yun Joong Sin, a Koreau, who in June 1893, deposited with the Hungkong and Shanghai Bauking Corporation = the sum of $20,000, but who had not been heard of since that time.
Conneel explained that in July 1998 the Bank had trausferred the deposit which by accretion of interest had grown to 824,080, to the Official Administrator, who now appli-d for leave to presume that he was dead in order to admiuister the estate.
His Honour thought there should have been some inquiry made before that application came before him.
Sir Henry Berkeley pointed out that there was nobody to whom application e uld be made and that they must get an order presuming the death of the mau befor the estate could be administered. His Houonr-You cannot get a presumption of death without an inquiry,
Sir Henry Berkeley—Oh, yes, you can. His Honour-Lu Scotch law here must be an absence of seven years, I have a heard
of it in English law.
Sir Henry Berkeley-Oh, yes: English law to. Continuing, Counsel sid that they for leare Lo presume the d-atu of this mau through having Jeft
asked
the
money in the bauk for fourteen years and never communicating with a y one. present application was only for the purpose of The taking out letters of administration.
Leave was granted for the purposes of the application.
IN APPELLATE JURISDICTION,
BEFORE THE FULL COURT.
t
MI
THE SWATW REFORMEF, The Chief Justice and the Pui-ue Judge sat to hear the appeal against the judgment of the 'uisue Judge wào upheld the decision of the Magistrate in the case of Tu Kai Shing whose extradition was sought by the Chines Government on a charge of arnied robbery in China. Sir Henry Berkeley, K.U., instructed by Mr. Otto Kong Sing. appeared for the appellants, and the Attorney-General (Mr W. Rees Davies) instructed by Mr. Bowl y, appeared for the respondents,
Mr. Justice Wise - The Magistrale noted under somion X.
Sir Henry Berkel-y stated that the Ordia. anca provided that where
A mad Was in custody at the time the Governor issued his warrant to the Magistrate to arrest hir, the Magistrate should then issue his warrant to bing the man before him. He did not do that.
The Chief Justice-He says he acted under
section S
Sir Heu y Berkeley. There is, to authority under section cept to arrest in the first instan e
The Chief Justic disagreed with this view, bu' agreed that there had been insufficient in- foruration.
ceedings had been irregular from the beginning. Die Henry Berkeley contended that the pro-
The informati u was insufficient The warrant merely stated that the deponent was informed mitted a crime in China. That was not snel that the fugitite was recused of having com-
information as the law required and it was really nothing
than a petilien na hehait of the Viceroy of Canton to the Magistrate to issue a provisional warrant to arres' this man. Proceding. he argued that t
more
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Witnesses baving been heard, the jury re furued a verdict of guilty and soutence of thre years' penal servitude was passe.
A NEW TERRITORY RAID.
Isang Ip was convicted of armed robbery in the New Territory on the 13th January, and was sentenced to five years' penal servitude. With a number of other men, all armed with choppers and equipped with lighted torches, ho raided a fisherman's house at Taipo. They broke down the door and on entering the house terrorised the inmates and took away a quantity of clothing and other articles to the viluo of $170. After the departure of the robbers the police were communicated with and one of the ioma'e* accompanied the offloor to a nei. h. bouring village where in a matshed they found four men, one of whom was prisoner. On the hillside above the house the clothing was found concealed, Four men were omitted by the but the Att rny-Gieneral did not consider there magistrate for being concerned in the affair
was sufficient evidence against three of them and the charges against them were withdrawu. The jury found prisoner guiltyn both counts and the sentences of five years on esoh weru made concurrea!.
Wedne day, February 19th.
IN SUMMARY JURISDICTION.
the warrant was bad because the Magistrate had no power to issue a provisious warrant, and that the order of the Officer Administering the BEFORE MR. A. G. WISE (Puisse Junge).
Government was lad because it was not under hissal but the seal of the Colony.
The Chief Justice Ile used a real which was foo hiz for him.
Sir Henry Berkley - Yes. He added that the seal prescribed by law must be used.
Alte-farther discussion
abe Chief Justice remarked that his l· a ned hother and he were of the epanion that the information was insufficient.
a
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ENSUCCESSFUL RENT CLAIM.
Action was brought by Rattonjes and Son against CJ. Davis for 820, being the amount of cre month's rent for the floor of the house + Elgin Road, Kowloon. Mr. F. X d'Almada Castro appeared for the plaint ffs, and Mr. P W Goldring acted for the defen art.
I'laintiff case was that the for was it to the defendant in December. He paid one month's rent in advance but did not pay Le The Attorney-tineral in rp'y m intained that the information was sufficient and contend.
rent for January. Plaintiff was informed by d that the wairant was in proper form. Any
bs manager that when he bad called for objection to the form of the warrant should
the rent Mrs. Davis had produced a paper bave been taken at the hearing before the which she declared was a receipt, and refused to Magistrate. It was not open to his friend to
pay the amount claimed.
Plaiutiff accompanied discuss the matter now.
his man to the house and saw Mrs Davis who behared in a very "ungentlemanlike manner and told him to go away. His custom was to issue receipts for the rent which were counter- ignet on the payment of the money at the
1
The Chief Justice said that his learned brother aid he were of the opinion that there was no information in the warrant within the meaning of the word. All the Magistrate was informed was that the crits had been committed in Chin He must have such information with regard to that crime e mmi'tdin China as if it had been committed in the Colony, Istrad tion ceedings in the Colony had degenerated into the most slipshed way and the procedure bad become, very lax.
kowloon store.
•
The defence was that the rent had been paid and that the receipt produced was a dischargo of the obligation incurred by the defendant. It was not anggested that there was any fraud on the pat of plaintiff or bis collector but it was probable that the latter had made a mistake.
Tha Atorney-General then considered the
His Lordship said that on the question of the points suggested by their ordships and on the! receipt there were two men against one sud he conclusion of his remark, their Lordships, could not say that plaintiff had proved his case reserved their judgment.
Tuesday, February 15th.
IN CRIMINAL JURISDICTION,
BEFORE 18e Chiff Jestier (SIR F. PIGGOTT).
Sir Henry Berkeley stated that an affidavit was filed on Saturday by Mr. Hazeland, the Magistrate before whom the extradition pro- ceedings were taken, and he desired to submit certain objections to the Court with regard to Only two cases fell to be dealt with at the the documents attached to that exhibit. The February Criminal Sessions-ons of armed first was that there was to information before | robbery and the other of armed assault the Court at the time of the hearing with regard | Attorney-General (the 1. Mr. W. Roes to the steps taken from the time of the arrest Davies, instructed by Mr. Howley, Crowa or previous thereto.
Solicitor, prosecuted in both instances.
The attori er Geveral expressed the opin'ou that Sir Henry Berkeley's objectious could be taken in his reply.
The Chief Justice thought Sir Henry Berkoley had a technical objection, and that it should b heard then.
|
ARMED ROBBERY.
The
The Attorney-General s'ated that on 30th January prison-r in company with another man entered the hose 30 Gough Street at 35 ia
Cheung Yik was indicted in three counts for armed assault upon a woman naved Wing Quan with intent trob her on 30th January The following jury was empanelled : Messrs J. M. Alves (toremsus, J. P'. Neilsen, A. O. F. Sir Henry Berkeley proceeded to indicate | Cobley, Alex. Moir. G. R. Edwards, H. T. bis obj-ctions. The first point was that Richardson, aud W. Nichols. the warrant on which the man was aires'ed ought never to have been sued by The Magistrate. Tan ser ud puit was that the order of the Office duinis ering the Govern. the morning, aud going upstairs forced their ment was iuvald beause it was not sealed a way jule a rem occupied by an smah. They required by the Ordinance and that being ; assaulted her, threatening her with a knife, but invalid the Magistrat had no jurisdiction to she resisted, and calid cut. The two men proceed thereon. The third point was that eveu 1 then mad .. II. Prisoner was seen by a lukong if the order of the Officer Administering the and arrested, but the other man escaped. The Government ba good, the Magistrate did nvt knife was picked up outside the house.
! without saying those men were guilty of wilful perjury. There was a loopho's that the collec. for had made a mistake and judgment would be for defeudaut with costs.
1
Thursday, 20th February.
IN SUMMARY JURISDICTION,
Before Ms. A. G. Wisɛ (Puisse JudoE).
JESMISSRD WITH CISTS. John Sam Ti, by his next fri-ad William Sam Hee, brought an action against the Kwong Hin, firm sud another for the return of a birth certißesto granted by the Registrar's | Offe» at Townsville, Queensland, Australis, to the plaintiff in 1933, and deposited by him with the defendants in March 19 5. or else the sum of $love. Mr. J. H. Gardiner appeared for plaint., and Mr. Otto Kong Song for defend.
¦
ants
Mr. Gardiner asked for an adjournment in order to get material wi'nesses who were absent from the Colony owing to the Chinese holidays.
His Lordship considered the case bad bowa delayed too long and remarked that it was useless to speak of Chinese New Year at that late date.
Mr. Otto Kong 8 ng asked for judgment | for defendants.
His Lordship dismissed the action with costi, with liberty to apply for a reinstatement.
No comments yet.
Private notes are available after approval.