Association, Sins,—We have to inform you that we object to the books of the Shanghai Tug Boat Association being taken out of your office, oF shown to other persons than' Shareholders, without our sanction.
We remain, Sirs, Your obedient servants, G. Murray, Directors of the Shanghai Tug Boat Association.
His Loxpsutr—What is the date of the letter?
Mr, BrowN—It is dated yesterday, 20th February.
His Lonpsurr—Then it is dated after your refusal to produce the books in the U.S. Court?
Mr. Browx—That is so, but I had no authorty to produce the books when I was exami His Lorvsute—Is that all you have to say for your refusal to produce the books in compliance with the order of this Court? I may tell you, Mr. Brown, at once, that what you have said is no answer whatever to the requisition made to you. I understand Ar.
rummoud still to say the question is a material one.
Mr. Druunoxp—It is most material. It is so material in fact that no further step can be taken in the case in the American Court until the evidence is given, The whole thing has come to a dead-lock.
Mr, Browx—I want to protect myself and my firm against the Directors. That is my obj His Lonpsute—There is the order of the Court, That will protect you. Do you say you will, or you will not, produce the books at the American Court?
Mr. Brows—If you order me to produce them I will.
His Lonpsurr—I tell you that you ought to produce them, and if the matter had occurred in this Court I would say you must produce them, and it is upon that principle that I shall decide this case. Have you anything more to say Mr. Brows—No, I have stated my defence, His Lonosmr—Now, Mr. Brown, I may tell you that what you have stated about the jeder in Council only directing you to attend to give evidence—to do nothing more than that, whoever has informed you has mis informed you, His Lordship read the 118th section of the Order in Council, the one referred to, which was as follows Where it is shown to any of Her Majesty's Courts that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chi Japanese judicial offi jeer, or in a Cot li ial official in China or Japan, of any State in amity with Her Majest; the Court may, in cases and under cireumst: which would require the attendance of that British subject before one of Her Majesty'e Courts in China or Japan, and if it seems to the Court jast and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesnid—but that a provincial court shall not have power to make an order for such al of a British subject at any place beyond the parti cular jurisdiction of the Court. Any British subject, duly served with auch an order, and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly, and not excusing his failure to the satisfaction of the Court makin the order, shall be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one mouth, in the discretion of the Court."
His Loxpsure—You are the Agent of a Company, and simply as agent you are not entitled to privilege. You have suid that you will attend in obedience to what I have anid, that you ought to do ces. "1 want to know you will or will not attend and pro" duce the documents required.
Mr, Brows—If your Lordship orders me Aistivetly to attend, I must. I will do a His Lorpsum—If you promise to attend and produce the documents, this, application may stand over, and if I do not hear from the American Court anything further there will be an end of it,
Iwill.
Mr. Buows—IC" you order me to attend His Lonpsuir—t thiok you ought to attend, and I order you to attend. If you will undertake to attend in obedience to the order already made there will be nothing further.
Mr. Drvaatoxp—I am not anxious to p for anything further than the necessary ice to the order of the Court, which nee I require, His Loxpsutp—If Mr. Brown will give the ance that he will attend, let it matter stand over, Mr. Browx—But the Directors have ordered me not to produce the books without their sanction.
Mr, Dresaroxp—The Directors cannot be ered now. Tt would be a very peculiar Feld over the head of this Court, tion indeed if the Directora were to be
Mr. Brows—IE your Lordship will give an order in writing to produce the books, it will save mea great deal of responsibility.
Mr. Dremsoxv—It is evident that Mr. Brown is more afraid of the Directora then he is of this Court.
Mr. Brows—I naturally want to protect myself.
His Lorpsuir—Of course, Mr, Brown, I don't know what may happen if you don't undertake to produce the books.
Mr. Browx—I will produce them if you order me to do ea, and if you make an order, let me have it in writing, and it will save me any responsibility Me. Dieastosb—All I won tis an assurance of unqualified obedience.
His Loxpsuiy—The order I shall make will be in conformity with the order which was served upon you to attend to give evidence. Te will be an order that you attend the United States Court in accordance with the subpeua that was served upon you, to give evidence and
Text read from the printed page and cleaned; old type leaves the occasional error.
