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Colonial Cases

Woo Sing Poo v. Barclay, 1864

[false imprisonment]

Woo Sing Poo v. Barclay

Consular Court, Shanghai
25 July 1864
Source: The North-China Herald, 30 July 1864

 

SUMMARY OF THE WEEK.

No other cases of interest have been brought before the Court during the present week, except one of which we publish a brief report, wherein Dr. Barclay of the Berwick Walls hospital ship figures undeniably.  A boat fouled the link in running down with the die and scraped the gangway.  He seized two of the crew and confined them in the endeavour to extort compensation for the damage; and the third day, it appears, gave them no food.  He escaped with the light punishment of $30.

H.B.M. CONSULAR COURT.

SHANGHAI, July 25th, 1864.

The following cases were brought on for trial yesterday, before Sir Harry Parkes; but a compromise was effected, of which particulars are appended.

Before W. H. LAY, Esq., H.B.M. Consul.

WOO-SING-POO and WOO-SING-TSAI versus BRUCE BARCLAY.

THE plaintiffs charged defendant with having illegally imprisoned them on board the Berwick Walls from the 20th to the 23rd instant.  Defendant admitted the charge.

From the evidence of the plaintiffs it appeared that they were coning up the river on the 20th instant in a boat and fouled the Berwick Walls but did no injury that they were aware of.  They were however taken on board and kept in confinement for three days, getting no food on the third day but a little bread which was given them by some of the Ningpo sailors on board the Hospital ship with whom they were acquainted.

The defendant stated that the Berwick Walls had been injured by the collision, and that he kept the plaintiffs on board until he should be paid for the damage done, or guarantee found.

Defendant was fined thirty dollars.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School