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dulent act has been done by an agent for his own benefit, the principal will not be liable.
His Lordship-I have referred to it. Mr. Pollock-are the jury to be allowed to give a general verdiot ?
His Lordship-Yes.
Mr. Pollock-But you said the jury are to and certain facts. I say the jury have power to come to a general verdict.
Mr. Slade Then 1 make formal application that you do, as your Lordship can do, require in addition to a general verdict for the plaintiff or defendant that specific questions put to them be answered. It is only to fill up my friend's application. We have both suggestions-
Mr. Pollock-Which his Lordship has not put. Mr. Slade-He has rejected mine as well as
yours.
His Lordship-I think there is perhaps a little misunderstanding. The way I put it is this. The are two facts-two questions which I asked the jury to answer and which answer I assumed to be in the negative. Then I put it to them that such and such being the case you must find for the plaintiff.
Mr. Pollock-I must submit that you Lord- ship's questions amount to misdirection.
Mr. Blade-This is not the time for that. You can take objection later on. It is hter- rupting the Court,
His Lordship then repeated the questions. Mr. Pollock-Since remarks have been made by your Lordship as to the way in which my clients carry on their business I think I am entitled to say that I don't think your Lordship has dealt with the question of the enormous possibility of fraud between compradore and
customer.
His Lordship explained that his remarks did not apply to the way in which the Bank did I business but were a criticism of the com- pradore system.
Mr. Pollook-I hope the jury will understand they are entitled to deliver a general verdict
His Lordship-Yes.
After a lengthy absence the jury returned with a general verdict of 6 to 1 in favour of plaintiff.
Judgment was entered accordingly.
IN SUMMARY JURISDICTION.
THE HONGKONG WEEKLY PRESS AND
It was agreed that notice should be given to the guarantors and the matter was adjourned for a fortnight.
A MERCHANT'S FAILURE.
Re Herbert Stephens. Application to close public examination."
The Official Receiver-Did you just before the bankruptcy receive $200 from Wo? - Yes.
the Fook
What was it for P-Two cases of India rubber shaps.
How long before the bankruptor?-A few days. What became of that money-It was dealt with, in the business in the usnal way.
His Lordsbip-Entered in the books P-Y88, At the time you received the money was the cargo here -Yes.
Why didn't you give delivery to the Fook Wol-It was a question of margin money. Many of the dealers did not take delivery and we usually held what was called margin money. Was there any other cargo belonging to Fook Wo P-I can't say.
Having paid this $200 wasn't be entitled to have the cargo he bought ?—Yes, sir.
In the case of Li Loong there was a case of $105. Did you receive that, mobey ---- Yes.
Did you pay it into the business ?—Yes. And you did not give delivery of the goods ordered P-No sir.
They are still at the bank ?—Yes, sir. And in the case of the Toong Foong Tai did they pay $290 for bedsteads before the bankruptcy ?—Yes.
Did you pay that money into the business - Yes.
Did you give delivery of the goods?—No, They are still at the bank ? Yes. His Lordship Were these goods invoiced? The Official Receiver-They were indented to these people.
His Lordship-And they have received the goods?
The Official Receiver- The Bills must be paid before the Bank will let the goods go.
The Official Receiver-Why didn't you give delivery in this case when you were paid for
them?
Debtor-We had calls from the bank and the money was used for other purposes.
The Official Receiver-As a matter of fact you used the money for other purposes in the
BEFORE MR. H. H. J. GOMPERTZ (ACTING | ordinary course of business ?—Yes.
PUISNE JUDGE).
„An Emigration case.
In the case in which Cheung Kwok Wan sued Chan Heung Yeak for $700 money paid for services to be rendered which were not rendered, Mr. C. F. Dixon, of Messrs Hastings and Hastings appeared for the plaintiff. and Sir Henry Berkeley, K.C., instructed by Mr. G. H, Holmes, appeared for the defendant.
It was stated that the $700 was paid to defendant on behalf of certain men who were guaranteed by him a safe landing in the United States. If they were not allowed to land the money was to be refunded. The men proceeded to Shanghai whence the voyage to America Was to commence, but at that port the defendant's agent who had accompanied them thus far disappeared and they were unable to proceed.
Sir Henry Berkeley contended that a contract for the purpose of defrauding a foreign country was a contract founded on fraud and could not be upheld by the court.
Witnesses were called, and the hearing adjourned till next Tuesday.
Wednesday, 3rd June.
IN BANKRUPTCY JURISDICTION.
BEFORE THя CHIEF JUSTICE (SIR F. PIGGOTT).
Re Kwong Hang Tai firm exparte the Official Receiver.
The Official Receiver applied for the for- feiture of the sum of $3,300 given as security for two debtors.
His Lordship-Security for the appearance of the debtors P
The Official Receiver-I will ask your Lord- ship to close the public examination. The debtor is intending to apply for his discharge and any further questions will come up then.
The examination was closed.
Thursday, 4th June.
IN APPELLATE JURISDICTION.
BEFORE THE FOLL COURT.
THE MURDER TRIAL.
[June 8, 1908. Mr. Justice Gomperts-In making the arrest or for entering the premises?
Mr. Slade - For searching and taking the watch without any authority. I think he could be safely indicted for burglary. No man has a right to enter a man's house and take property away in this way.
The Attorney-General-We are not trying burglary now.
The Chief Justice-It is absolutely pertinent. Mr. Slade-A constable has a right without warrant to arrest a man whom he knows has commitled a crime or whom he has a strong reason to believe has committed a crime. If he sees a crime committed he can pursue the offender on to private property but beyond that his authority does not go. If he has an an thority to enter a man's house he may do so; otherwise he may not. This evidence having been obtained in the manner indicated tho question for the court is whether the whole evidence can be received, it having been illegally obtained. Mr. Slade went on to trace how confessions were at one time forced from prisoners and afterwards used against them, arguing that the law at present held that con- fessions before being admitted must be free and voluntary. On the broad ground of the illega lity of the manner in which the evidence was obtained he submitted that the whole of the evidence ought to be rejected.
The Chief Justice said the illegality of entering the house had not occurred to him. He had treated the matter as to the illegality of the confession.
The Puisne Judge-You have two points? Mr. Slade-Yes. The first is the illegality of the whole evidence and the second is the illegality of entering the house,
The Attorney-General contended that the evidence as it appeared was clearly admissible, There was no confession,
The Chief Justice remarked that confession was a general term which covered statements and confessions.
The Attorney-General differed with great submission and drew a distinction between admission and confessions. He proceeded to argue that the finding of the box was evidence irrespective of any statement made and then went on to argue that the statement as it appeared was admissible.
The argument was adjourned till Tuesday.
KULANGSU (AMOY) MUNICIPAL COUNCIL.
Minutes of a meeting of the Council, held at the Board Room, on the 19th May 1908,
Present: Messrs. W. H. Wallace (Chair. man), C. A. V. Bowra, Haang Ts'an-chew, W. Kruse, 8. Okuyama, W. Wilson and the Secretary.
1. The minutes of the last meeting are read and confirmed.
2. A petition is read from the following The legal points raised by the Hon. Dr. Ho Dairy Farmers;-Kalangan Milk and Produce Kai in the defence of the three men who were found guilty by the jury last week of the triple Goan Hoat, and Hap Kee, requesting that the Company, Hap Soon, Eng Hap, Choat Hoat, murder near Shatin in December 1906 were
hours for allowing cattle and buffaloes being argued before the Chief Justice (Sir Fout for grazing be altered to "not before Piggott) and Mr. H. H. J. Gompertz, Acting 5.30 a.m. and not later than 7.30 p.m. "instead Puisse Judge. The Hon. Dr Ho Kai (in of as at present "not before 8 a.m. or after. structed by Mr. G. K. Hall Brutton) and accompanied by Mr. M. W. Slade, appeared
p.m." The application is refused. for the prisoners, and the Hon. Mr. Rees Crown. Davies (Attorney General) appeared for the
Mr. Slade stated that this was the hearing of a motion for arrest of judgment on the ground that evidence duly objected to had been impro- perly admitted in the course of the trial. The evidence to which objection was taken was given by Sergt. Wilden.
The Attorney-General-The objection was taken from the Benob,
His Lordship-It was simultaneous as a matter of fact.
Mr. Elade read the evidence objected to, which related the finding of the watch in the first prisoner's house. His Lordship objected to the evidence but had allowed it to go in order that it might be argued on a motion for arrest of judgment. It was clear that Sergt. Wilden gave no caution of any kind to the His Lordship-Where are the men ?
prisoner prior to asking him questions or The Official Receiver-They are in the searching the premises, and the sergeant was country, 1 believe.
undoubtedly guilty of an illegal act.
The Official Receiver- Yes, either before the Official Receiver or the Court,
"
the Senior Consul, for the approval of the 3. The Secretary is directed to forward to Consular Body, a proclamation by which half the Opium Shops will be closed on the 31st March 1909, and the remaining half on the 31st March 1910.
4. The Superintendent of Police reports the following cases have been dealt with at the Mixed Coart since the last meeting:-
SUMMONSEL.
Allowing pigs and cattle to stray 7, Throwing rubbish, &c. into the public drains 6, Obstracting the public drains 4, Assault 1, Damaging, property 1, Debt 2, Contempt of Court 2- Obtaining goods under false pretences 1.
SUMMARY ARRESTS,
Being a rogue and a vagabond &o. 2, Failing to obey an order of the Mixed Court.
(Signed) W. H. WALLACE,
Chairman,
By Order
C. BERKELEY MITCHELL,
Secretary.
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