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2 Straits L.J. 1 (1889-1890)

handle is hein.journals/straitsal2 and id is 1 raw text is: THE ,*tgaits a Ii Q4 Otunat AND REPORTER. PUBLISHED MONTHLY. FOR THE STRAITS SETTLEMENTS ANID SIAM. JUNE, 1889. CONTENTS. PAGE. Bankruptcy Notices ... ... ... ;.. 1 N otes ... ... ... ... ... ... 1 Mr. Louis De Souza and the Demerara Judges ... ... ... ... ... 3 Magistrates' Appeal: - Hajie Tapa, Appellant, and Sarah, Respon- dent ... . . . . 5 Khoo Seng Ju, v. The Crown ... .. 11 Supreme Court and Court of Appeal:- Lim Seng Ee. Plaintiff, r. Wray and Dyer. Defendants. ... ... 5 BANKRUPTCY NOTICES. Goveriiment Gazette, May 3rd, 1889. NEo CHOW HIN, UNG CHYE TEONG AND OTHERS, Penang; 1st Meeting, May 11th ; Public Examination. May 13th. MAY 17TH. MOONA SAIBoo. Singapore. Receiving Order and Adjudication, 13th May. 1889. CHuNG SENG Hoo. Singapore. Receiving Order, May 15th, 1889. MAY 25TH. MOONA MOHAMED MUSTAN, Singapore, Receiv- ing Order and Adjudication, May 23rd, 1889. MAY 31sT. CHUNG SENG Koo, Singapore. Receiving Order and Adjudication, May 27th, 1889. NOTES. --:0:- On the 3rd of May, one Pol Heng was charged before a Court of two Magistrates in Malacca, with criminal breach of trust of goods to the value of 5132. It transpired that after the information was laid, and before the case was heard, the accused offered to pay the $132 to the Prosecutor, who was, however, advised that he would be guilty of a misdemeanour if lie accepted compensation on condition of not continu- ing the prosecution. At the hearing, Poh Heng's Counsel admitted the taking, but urged that there had been no dishonest unisappropration, and that the accused had always been ready and willing to return the money. Hoh lHeng, however, did not bring the money into Court and tender it unconditionally to the prosecutor. The Magistrates convicted the accused, and sentenced him to three months' rigo- rous imprisonment. The Prosecutor was ready and willing to abandon the prosecution if he could recover his money. When, however, a summons or warrant has once issued, the law assumes that the prosecutor's inter- ference is in obedience to public duty, and took place on behalf of the public. This is a view of the case which he cannot be allowed to disclaim. He has therefore, on right, at any subsequent stage of the proceedings, to consider that lie is in reality the person to be satisfied, or that he has any power to control the machinery which he has set in motion. When justices are once seised of the matter, all right to compromise it, or prevent a conviction, is at an end. It is not necessary to carry this doctrine in practice to an oppressive point; cases often arise in which it is wise to allow a mere personal charge to be withdrawn. VOL. II. No. 13.

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