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Colonial Cases

R v. Tootal and others, 1869

[registration of British subjects]

R. v. Tootal and others

Supreme Court of China and Japan
3 March 1869
Source: The North-China Herald, 6 March 1869



March 3rd, 1869.

Before R. A. MOWAT, Esq.

Mr. Medhurst accepted a seat on the bench, and Mr. Harvey, the Consular Accountant, was in attendance.


In reply to the Bench the defendant said that he had registered himself in 1860, but not this year.  Defendant further stated that though he was perfectly aware that he would be compelled to pay the fine, he appeared in Court that it might be a matter of record against what he considered an unjust and unconstitutional proceeding.

The defendant also stated that he thought it was customary to send round and collect taxes.

The Consul said that in order to give greater facility for registration, a notice had been published that personal attendance was not requisite, and that the sending of the registration fee alone was sufficient.

His Worship fined the defendant $10 and costs.

Mr. Tootal wished to know if he could appeal.  The magistrate said that in criminal cases no appeal lay as of right, but that he would be happy, if applied to, to state a case - only he might assure the defendant beforehand it would be futile, as the language of the Order in Council was explicit, and the Chief Judge had himself similarly decided the same class of cases last year.



Defendant did not appear.



Defendant did not appear.  His Worship said as it did not sufficiently appear whether the summons had ever reached Mr. Red, the order made in this case would be subject to what might turn out to have been the fact on this point; mean time, fined $10 and costs.

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