Lowder, informs the Council] that he has surrendered charge of the Shanghai Customs to Mr. C. N. Holwill.
Mixed Court Report for February.
During the month the Court heard two cases of theft which showed the advisability of foreigners making investigations before engaging servants. The accused were houseboys in both instances and both had previously been in prison for similar offences.
There appears to be some doubt in regard to the procedure to be adopted by foreigners residing in this and the French Settlement when preferring criminal charges against Chinese. The rule is as follows:—In cases occurring in the French Settlement where foreign. ers other than French citizens are complainants, the french Police will prosecute in the International Mixed Court; while in cases occurring in this Settlement where French. citizens are complainants the S. M. Police will prosecute in the French Mixed Court.
The injustice that may be caused to accused persons by private prosecutions where warrants are sometimes obtained by counsel or the flimsiest evidence was clearly shown in a case of one Woo Yung-sung charged with forgery. The accused was first before Court on December 5, 1921 and was remanded for a Special Hearing. When the case was eventually tried on February 7, 1922, it was dismissed after the evidence for the prosecution had been given, the Court remarking that the counsel for the prosecution was open to cri-Hicism for bringing the charge on such slight evidence. The lawyer concerned said he had acted in good faith. Counsel for the accused then asked the Court to award his client heavy damages, as he was sick, had been locked up for months and had suffered great hardship. The Court's finding in this case reads as follows:—
"Action dismissed. Counse] for the complainant reprimanded for bringing a criminal action without evidence. Complainant to pay the accused $100 damages within three days.""
The Continental Stock and Pro duce Exchange Company, Ld. case referred to in last month' report was withdrawn on February 27 by the complainant, Mr. J. V. Pereira, after the Court (Messrs. Ferrajolo, Acting Brazilian Asses-i sor, and Magistrate Tsang) had refused a further adjournment, A letter dated February 27 from the Brazilian Consulate informed the Court that Captain Ferrajolo had been relieved of his position as Brazilian Assessor and that Mr. BK. W. Hadley had beer appointed to fill the vacancy. At the same ume the Court was requested to put on record the appreciation of the Consulate for the valuable services rendered by Captain Terra. lolo to Brazilian citizens. Ov arch 2 a further letter was received stating that as Mr. Hadley had been unable to accept the appointment of Brazilian Assessor, Mr. E. J. Scorrar would take over these duties.
Text read from the printed page and cleaned; old type leaves the occasional error.