A highly interesting point regardirg the powers of the Court in relat. ion to the Municipal By-laws came up for discussion when judgement was delivered in the case of a man who was charged with the infringement of one of the regulations. The defendant, Tsang-kiu-kong was charged as manager of the Shanghai Trading Ca., No. 13 Nanking Road, with having during the months of May, June and July, 1912, kept a place, namely, 13 Nanking Road, for the sale of fire-arms without having obtained licence fromthe Municipal Council, contrary to By-law 34.
Mr. C. G. Kirk prosecuted, and the defendant was represented by Mr. J. C. E. Douglas. The evidence had been heard previously, and consisted principally in the statement of Mr. Hartig and various documents lating to the sale and purchase of arms.
The Assessor announced that the judgement of the Court was that the defendant pay a fine of Tls. 500.
The Assessor pointed out that according to the regulations when a man applied for a licence he had to deposit Tls. 260, If he did anything against the rules of the licence the whole amount could be confiscated by the Council.
Do If the Court will re-for to the By-law it will find that the maximum is 8100. You cannot fine him more than that.
The Asscesor—Do you mean to sy, Mr. Douglas, that the fine shall not exceed $100, that this By-law is binding on the decision of the Mixed Court? Is the Mixed Court under the By-laws of the Council Mr. Douglas-—He is charged under this By-law for breach of a Muni-ipal Regulation, trading in arms without a licence. You must confine yourself to the By-laws.
The Assessor—I want to know if that is binding.
Mr. Douglas—It might be possible to find some law under the Ching dynasty, but in this case the police have charged him under the By-law, and the only penalty is provided under that By-law.
The Assessor—What is your opinion, Mr. Kirk?
Mr. Kirk—I quite agree with Mr. Douglas. It is rather a funny thing to agree with counsel for the defence, but the man is charged under Bylaw 34, which provides for a certain penalty. If you ask me, I do not see how you can exceed it.
The Assessor—You say this Bylaw is binding on the decision of the Mixed Court.
Mr. Douglas—It has been agreed to by the Chinese Government, and these By-laws are binding on Chi-
Text read from the printed page and cleaned; old type leaves the occasional error.