Than at the end there was a cortificat which read as follow:
""L hereby certify the engagement of follow the names of the men)—upon the terms mentioned in the agreement. I have ascertained and am satisfied that they fully understand the said agreement, and that they have signed the same in my presence, Joszen P. Sartuens, alefing Vice-Consut." Than followed the Consular form. If this hind been a form, it might have signed in s loose ing.
His Hovoor thought that though the certificate was in writing it was probably copied out of some book of instruction or was form that the clark had at hi fingers? ande, He believed it was a prescribed form. thought not. He had im, the terms of His Hoxovs remarked that there was no evidence to show that the Vice-Consul was present at all when the Articles were read. He might have been upstairs.
Mr. Duvusoxp said what ho had to remark upon that—and indeed upon the treatment of the whole case—was that the Court found the Vice-Consul to be a liar. There was no escape from that position.
His Hoxovs—No. I said the certificate might have been given under a misapprehension.
Mr. Davumoxp—What foundation is there for such " presumption His Honoun—Primé facie I should accept the certificate—if I had no evidence against it. But if the certificate is true these men are lying. And it need not be a lio; it may have been given under a mitappreli sion.
Mr. Drusaonp—If these mon are tel-the truth, thou the Coneul has told Hoxoun—He has certified to what truth, no doubt; but a lie imintention. It may have een given entirely under a misapprelieusion, If it had said shilling a month for or twelve mouths would I have been bound to accept that?
Mr. Davmaonp said that was not for him to say at all, The i that He did not say that the Con sul's certificate was by any Act of Parli t conclusive on his Worship. The Act a circumstances hi Worship had power to rescind the Articles but what did that mean? It meant under circumstances proved.before the Court, These men stated that they did not un-ud the Article by that statement, that he had ascertain that they did understand it; and the Consul could not possibly profit by certifying that. Was that certiGcate to be treated as worthle interested statement of one or two ssiiers?
His Honovs remarked that the cortificate was not worthless, except when there was direct evidence againat it, Mr. Dauwaoxp contended that if such lo it, the certificate was certainly worthless, ' The Consul had no opportunity here and giving evidence to prove that he had done what he officially stated that he had done. The position was a moat a serious one, The seamen on board the ships in harbour would be able to rupudiate their agreements right and left.
His Hoxour said it did not follow because he rescinded the Articles in one case that he would do go in another, Mr. Davastoxy thought it would be impossible to find a case in which th ground for rescinding the Arti in this case. His Worship might bly have stronger cases brought before him, but he could not possibly have a weaker. There were many contracts which were made before Consule—marriages amongst them—of which he yave a cert cate. Some were conclusive, and some were not. But if a Consul's certificate could be upset by the unsupported atatement of a this might even marriage. He would put the matter in nother N every English Ca every English Consul—his Worship bei one of that Service—held vftico at a port—generally a sea-port; and at the Con.
General here there was a special Shipping Office. Let them take the case of man shipped in Shanghai, with every form duly and properly observed, in exactly imilar way to that which had followed in this case: the Articles read the proper British a certificate given, aligned perhaps by hie Worshi aps by Bir. Alabaster, the Consul-General, perhaps by Vice-Consul Ford—at any rate duly signed in proper form. Then suppose thi certificate were produced before a maj trate in New York, and one of the sailors said, "That was never read to mo at all I want my wages in full; I never agreed to that, I agreed to be discharged in England.' magistrate believed "The certificate is worthless; Consul may been, fairs, or anywhere else; what: he says
feelings be on reading a newspaper report is not true." int would his. Honour's of such " thing as that Would heithinig that the magistrate had treated bim: in the:
Text read from the printed page and cleaned; old type leaves the occasional error.