Charles Penfold, Superintendent of Police, on behalf of the' Municipal Council, sum: moued George Martin, who keeps a ten and opium shop on the Yang-king-pang Creek, for solling intoxicating drugs without a license, contrary to bye-law No, 34 for the foreign Settleuionts of Shanghai, North of the Yanging-pang.
Mr. Bxovonam Mutter, who appeared for the defendant, objected "to the summons, and referred his Worship to the 27th Land Regulatio which directed how the Counc should "sao and be sued in the name of their Secretary for the time being, or in their corporate capacity or character as Council for the Foreign Community of Shanghai."
His Woxsuir asked what meaning Mr, Miller attached to the word "sue" or **aued."
Mr. Mrunen replied that it was to take proceedings, or to have proceedings taku against th His Worsutr—Civilly or criminally Mr. Mitteranswered both. But the Council were to sue or be sued in the name of their Secretary for the time being, and this sum-mous was not taken out by the Municipal Council or their Secretary, but by Mr. Penfold. A summons taken out' in Mr. Penfotd's name was no simmons at all, and be dismissed whether civil' or Ho maintained that under the 34th bye-law His Worsire—Yes, or by persons holding the proper proceedings would be to recover their written authority, and not by persons a penalty. There was no crime or criminal who show no authority whatever. That is charge, and a criminal summons should be the only point I need refer to, Mr. Penfold. taken out according to the 280th and 281st pretends to act on behalf of the Municipal Rules of the Supreme Court, which, he said, thooid be read. together. "He alto referred Council, but he has shown no authority whatever to do ao. his Worship to the 249th, 250tb, and 251et Mr. Mitten then revived his other point, Rales of the Court, that the proceedings should not have been Mr. Pexrouo, Superintendent of Police, taken under the with bye-law, the one the said for many years he had invariably taken defendant was charged with having out summonses in this form, and they had travened—the proceedings should have been been adjudicated on by the Magistrate. merely to recover a penalty, and not criminal, Mr. Mruuzn objected to Mr. Penfold's Mr, HaNNeN said if his Worehip bad any appearance, pointing out that according to doubt on the subject, ho would ask for the the 249th and 250th rules of the Court, case to be adjourned. As it was, he had only Mr. Penfold, before commencing the proceed just this minute been instructed, ings, should have deposited his authority, Mr, Miter replied that ho would consent under the seal of the Municipal Council, to to.an adjournment for thisroason, The police show that he was their properly appointed threatened to take out a summons more ti agent. a fortnight ago, but it we Wonsutr said Mr. Miller was too late, the 18th, and served on defendant yeater-enfold had possession of the Court, day, #0 he had not had tims to look the matter Mr. Pesroup went on to say that the 27th up as he should like to do, Land Regulation, which had been cited by Mr, His Wonsittr consented to an adjournment, Miller, referred tocasos where the Council could and the further hearing was fixed to take sue or be sued civilly before a Board of Consuls place on the ensuing Friday, but in a criminal case of this kind it had hitherto been the custom for the police to 22nd August. bring the charge, and he had never been asked for his authority before, He had written (Cartes Pesroxp) v. Grorce MARTIN, authority from the Council not to issue a The Breach of Municipal Bye-laws, Hicouse to the defendant, and ho had verbal This case was before the Court on the 20th authority to @ summons against the inst., and was adjourned until to-day, defendant and this was the Court to which The chi a8 set out in our previous he was amenable. report of the case, was that Charles Penfold, His Wonsmip referred Mr. Miller to the Superintendent of Police, on behalf of the 13th and ith Land Regul Municipal Council, summoned George Martin, Mr. Muntee perused these two regulation who keeps a tea and opium shop on the Yang and argued, as he had ssid before, that this was a case for the recovery of a penalty but not king-pang Croty fr aelling intoxicating drugy without a license, contrary to bye-law No. one for criminal proceedings. The present for the foreign' Settlements of Shanghai, ummous was not s proper proceeding when the 230th and 28ist Rules of the Court were Noyth of the Yang: king pang.
At the previous hearing the questions wore considered, and especially so where there was raised as to the right of the Superintendent as much difficulty as would be found to be of Police to take proceedings in his own in the present case, name on behalf of the Municipal Council, Mr. Pencivat, the Clark of the Court, in without depositing their written authority anniver to his Worship, said this form of sum-to him to do 0, and as to whether th mous had previously been regarded as a crimisummons should not have been to reco nal summons. penalty instead of a criminal one, which it His Woxsurr said that the form of the was ruled to be; and on the application of summons being a criminal summons, he should Mr. Hannev, the Counsel for the Municipal overrule Mr." Miller's objection that the Council, with the concurrence of Mr. Brougham proceedings should have been to recover a Miller, who represented the defendant, the penalty. "But it was prosecution on behalf hearing was postponed until this mornin of the Municipal Council, and he did not Mr. HaNNeN now said the regulation under know whether it might or might not be a which the present summons was taken out malicious proceeding. Ho did not wish to hint or suggest ti it was a mali as one of & number of regulations deriving ing, but thoro was the possi might At thi of the proceedings Mr. Hanna Ministers from time to time to make
the legal riser to the Municipal, Council tions for the, good order and goverament of Her Majesty's subjects in China, These appeared in Court, and said he come to regulations had been in force for ton years, take up the case. and had been acted upon by the Judges Me, Miturr said if that was #0 his obj tion fell through; he knew Mr. Hannen wi the Supreme Court and the Magistrate of this the attorney for the Council. It was a sort of His Worsnre took it that there was no inck-in-the-box appearance, but he would question as to the validity of the bye-laws, withdraw his objection, Mr, Hans aleo thought not, and poi In answer to his Worship, Mr. Hannen sai out that under the 91st section of the Order he appeared on behalf of the Municipal Coun in Council any charge under this order (the and not for Mr. Penfold.
His Worsutr then explained that according order mentioned above) of an oteons against: any treaty, or against any such regulation og to the Land Regulations the Municipal Council aforesaid, shall be enquired of, heard, and had power to sue or be sued in a particular determined in like manner in all respects as way. Ho would not go so far as to consider any ordinary criminal charge." this a case of suing ur being sued, but he Mr. Mitier, after referring to what took did think a defendant in a case ought to know place at the previous hearing of the case, by whom the proceedings were institute as to whether the offence was a civil At present, so far as the record was cor or criminal one, referred to the 34th byocerned, it would be perfectly open for the law, the one under which the summons al Council to say that they nov was issued, and read the latter portion Penfold any authority to take it He did not of it as follows:—In respect of such licenses, the Council may impose such con-any malicious intention, ditions and exact such security as the nature but at the same time it might be a of the particular case may require, and charge malicious proceeding, and then defendant such fees in respect thereof as may be autho-would be entitled to take proceedings for rized at the annual general meeting of damages, and for that reason he should have ratepayers, And any" porgon offending directed the striking out of Mr. Penfuld's against or infringing the provisions of this name from the summons, unless he could by-law shall be liable for every offence produce proper authority on behalf of the to a fine not exceeding one hundred dollars." Municipal Council to appear, and substitute Considering the wording of that bye-law, he for it a proper authority.' However, as asked could the Court, supposing defendant Mr. Hannen had appeared, he was prepared was guilty of the offence with which he to amend the summons in any way to put the was charged, make any other order except accused in a proper position in that respect. one ordering the defendant to pay a flue Mr. Haxxex—Does your Worship think of any sum not exceeding $100? Could the that iv all proceedings of breaches of the Land.
Court lock the defendant up? No, the bye-Regulations and Byelaws the proceedings law, he maintained, did not give the Court must be taken by the Council that power. The only penalty the Court could
Text read from the printed page and cleaned; old type leaves the occasional error.