Pautah, for Custoo—Mr, J. Stanford, Por atr, oat from London—Mesers, J, Dickinson and W, Dickinvon, Contaney Madame Cootase and niece, Gout from Maraeillea—His Ex. Bf,
and Countess Waleski, Mesers, Soubart, Caubert, Lo 4 Faaval, From Hong: kon d Mr.
Per str. Yotohana Maru, from Mies Winn, Bfrs, Nethersole, "Dr, Gaytan, do. A fb, Richa eon, "Tehang, from Niagyo—Mevurs, MeGuain sad Jovepb.
Por ste. Yangtsze, from Hongkong—Mr.
Bidwell and china Per atr. Cyclops from Hongkoog—Mee, ie. Sin Navsing, from Tientain and Chotoo" Siatare Mary and Vinsents Por atr, Blbe, from Negasakl—Mr, Borro:
Per atr. Ichang, from Ningpo—Mr, Cooper Conant, Ningpo).
Kiangpiau, from "Niogpo—Dfr, Fehwo, from Hankow—Mesers, evidence that his friend who accompanied him at the time says that no mention was made by Howard of the place of his birth, but of his address only. The Clerk of this Court testified that he made the entry as they are always made, but he is not positive that Howard told him his birth-place wasin New York. To the best of hia collection, he says Howard so stated.
On this condition of facts, the proponderance of evidence (which under the well established rule governs in civil cases) being in favour of the defendant, we: find that he is not a citizen of the United States, and therefore the Court has no jurisdiction of the case, Bat we cannot refrain from expressing our disspprobation of the conduct of the defendant. He fs too tutelligent " man not to ha uown what be was doing, and to tempt to play hide and seek in this way in regard to citizenship is to be re. prehended; ang it was certainly a suspigious circumstance that he-should have jurisdiction by the fact of lis Counsel having taken out that summons. They knew that if Howard was an American citizen they could wot get any redress from him in the h Court, and finding that was registered as an American citizen they were compelled to proceed against him in this Court, It was the defendant's misconduct which had led to these proceedings being taken, and ought at least to pay his own costs."
The Corsvt Genera, after-a-brief consultation with the Assessors, said—Gentlemen, on this question of costs the judgment of the Court is that each party pay respect ely the costs incurred in this Court. cannot order the plaintiffs to pay the entire costs of this case for these reasons. In the first place they were quite right in coming into this Couct to teat the citizguship es tio iefondant 5 an sad the. next place Mr. Howard fault in the mauuee ey which, a Po Measson, Ba and Wong.
Ber att, Pekin, frou Hankow—Mevsra, Wood and H. Frandin (Br. Consul).
Per atr, Amoy, from Hongkong—Me, Ross, Lravixa, Por str, Jroauaddy, for Hongkong—MFame Rocher and 2 children, Messrs, H.
Cleveland and Cassumbhoy. For Mar-soils Messrs, E, Gammon, J, Dacth and 280%
Tue Noxra-Camva Herarv.
AGENTS:—London:—Messra. Gro. STREET Ca., 30, Cornhill (B.C.) Hongkong Messrs. MacEwen, Frtoxet & Ca., Queen's Road. New York and Atlantic Ports Mr, Axprew Wisp, 21, Park Row, San Francisco (Cal:)," Mr. L. P. Fisaser, 21, Merchants' Exchange, California' St, Messra. Gorpox & Gorcx.
Text read from the printed page and cleaned; old type leaves the occasional error.
