THE GEINA MAIL..
[No. 1478.—FEBRUARY 22, 1868.
ject to the order of this Court by netice of annulled, nor the special acts and proceed-crime in Pugland, Converted acts of bank sions of wide-spread calamities such as we answer is that if anything is to be asanmed | Fresh Sales,
that arguen raptoy have been sanctioned by Law Peti- witness in these disastrous times.
from the Hongkong Government Gazette, Canton Salmon, tions by tquiera naking to be adjudicatedt.
It would have been enough if I had mare it is that there was once a Company here rock Fiab,
the pendency of the petition in Bankruptey.ings which it challenges dicution ankrupts have been authorised, I many say.ly given my decision; but considering the called The Agra and Masterman's Beat Shark Fish,
In June 1807, Mr John Dent was the do only it challenges an only representative of the Bankrupt Firm ita prayer goes beyond the allegata. in this Colony, and on the 29th of that
Again the petition is signed c. J. Hane. nionth Me Gouica, a creditor to an adequate Inud Solicitor for the amount, petitioned this Court for an adjo. Bai Blunking Corporation, but shore, le 10 diation against the Bankrupta. Mr Gaskell signature by the petitioner, a requisite as Solicitor for all the Bankrupts appeared according to English Law. The Corpóra for thein, and thus they submitted themi tion has its seal which for this and other selves to the Jurisdiction of this Court. A purposes has been oalled the hand and memorandum to this effect was signed by tongue of a Corporation, and the petition him and placed on the file of provedings, is not signed by any person as member of Gounel consenting and upon an affidavit partners constituting the Corporation in by Mr Pollard that Mr Dent only was in order that, as near as may be, it may come the Colony and that some of the Bauknepts within sny English exception, that the Shanghai, Tadjourned the adjudication for several partners, and the leave of this Court Evo más from the 20th of June 1857, in was not asked for its sanotion of any sub
I mode of eignature. served with notice staler the provisions of Again, section 10 of Ordinance No. 6 of 1864, and
In
10
catly 200 180
15
149 110 200. 180.
+$
140 120
140-120
140 120:
1601
80
160 140
100
50
Vegetables.
calty
40
Japa 35
Callfornian, Sweet, 31
Now
32
Cocon,
Turnip, Salt,
upon which and upon Mr. Pollard as their the Corporation on behalf of himself, and letter of the old decisions when the spent the petition presented by some body of Bank cannot co nomine be legally a body Potatoes, Alacao,
resided in rait Britain and others in signature of a petition may be by one of mpley by Mr John Dent, the sole -aoting tion states that the body go design+gots in this Coset;!
order that each of the bankrupts might be stitate the evidenca by affidavit la messey, as was proved by sufficient sum of $144.612, the style of Dent & Co. might have such opportunity of objecting to a meagre though it be, it goes
ic
گار
CAND
Mr
it appears that the Registrar of and 31 of the Ordinances of 1804, why that the tons of Ordinance, then procesdeti ns follows: Ampliment to Creditors is in England in signce in this Bankruptcy, and that Mr rupts, they all wo declared Banke this
ing
**
No. 147 FEBRUAR
Houses and Lan
WOS VITO LET WO HOUSES on Carlt Spring Gardsue, with or downs, rent moderate.
Apply to
LAMMERT, ATKINS Hongkong, 5th September, 1
TO LET.
TO. 6; Paobili Terrace, Elgin
Apply to
No: 5
LANE, CRAWFO Hongkong, February 3, 1868
20
NOS PE
40 .
898 19988882 9118198$379.13898588811 18
invitad, and a trad ar- hopelesity insolvent vory large pecunisty, intorents; and the fire linted, the past, li niccolour part, of the
a part, & necessary part Turbot Skato, Cours voluntarily, alles petitioning the portant loge! questions involved, 1-think it is no allowed one Craditor to my duty, being canipolled unwillingly to de Company's name, which it is penal to omit,
swallow hp kuy large portion of his ussets olde these questions, to give some of my and it is equally notorious from the Lon Gurnet to the injury of the general body of uredi- reasons at large.
don Gazette that that Oompasy failed, and Parrot Fish, tors would inour blame, it may be oven
that the affairs were and are in the hands Suake, more serious consequences. The reason for THE BANKRUPTCY OF Dart OruARS, of an Official Liquidator, Mr Canuen of Fresh Water Fish, the rule of decision has passed away. In En parte THE AGKA AND
London to the exclusion of that Company: Suipe Fish, MASTERMAN'S the Court to take up the dana body of the
BANK
if such notorioty is to bo and therefore This question now before me arises on accepted at all, The Agra and Masterman's and reason are gone?
Mr Whyte, among other
other valuable Argu- pusons, who designate the tusslves, The quase Ourpurafe here capable of asserting mente, suggested that the acts of Bank- Agra and Masterman's Bauk." Their peti-
but indeed, I think I ought to exclude all reference to ench partner, had been as soon as possible rati themselves on the 18th of November last, notoriety from the Judicial consideration fod by all the absent partners. They hail recovered Judgment in the Supreme Court of this question. But in order to exhaust Yamus, all been duly served with the petition in of
in of this Colony inst John Deut for the the questions arising upon this petition, I
of this Colony against
proceed to. cpesider
faots before pic, the and at the end of five months having been specified in the summons, and if the petitioner were properly before me. heyond the facts put in issue by on the day fixed by this Court for them to
to it appearing that the said John Dent was Here the Chief Justice stated the fasts of Carrois, Salt, to the adjudication as is providal- by tho the petition.
show ORINO, it thuy chone,. under Sects.: 10 sued for Dont
but it omits to allege
the
· Ca...
Fresh, in the words used above in the Orlinale
Again, it.
are Dent & Co., accord: Judgment on
of the Hongkong Spinage, on the petition of remark that this provision-this the Supreme Court, and the Oficial As
they should
No. 2
Banking Corporation (A_E Shanghai
to Indian Corn, all appeared hy their solicitor, of 1855, that the Judgment in still in
Young Bamboo shoots, 19 Mr Gaskell, favor of non-tradors puly: It restos most Gaskell in his charector of solicitor for
who
by written. submissión Qu
that on the 9th of December, Joli Dent, Upon the present polition to annul that
Cabbage, Large Macao, each 200, 150 the file for then submitted to the Jedi Francis Chorley, Benry William Dent, adjudication three questions ariso. Un the expuvially in such a Colony as this, where served with a copy of this petition and a tion some of the pactors in large firms a notice, that it would bn board on the 15th their counsel before me, they adopted sud sen eure adjudged Bankrupts in this Court, man's. Bank eo nomine and petitioning as
roof January Are
Common, it mile absent.
mutified the sets of Bankruptor by Mr and that the petitioners are advised that has dong entitled to petition to gannl the Cauliflower, Un the expiration of the live
months, Above
the Lettuce, proof was given before the of a duo com
of its coming on for hearing appears declared Bankrupts. I know of no casy naald acts alleged to have boce commit incination of my pliance Bunal service of ustice on each Bankrupt in art of cited on to being of the mat Waton, While hus been questioned. whereof the said last
វ
mentioned
in the evidence upon it sufficient, England and Shaughal ; acts of Bankrupts appeared Mr
quoted the -maxím of the com- Have been adjudged Bankrupts, are fusufil-and have the proper parties been brought ruptcy were depcaed to, all the Bankrupts petition. Now, is not the result of the mon as well as of the Civil Law commented stent to support a joint adtindication, and before, the Court, Thirdly, Le other of by their counsel and solicitor appeared and petition of the last importance to them? in Broom's Legal Maxims, p. 776 of the the p
prayer
is that the order of adjudication the two acts of Bankruptcy a good and suff adinitted and ratified and enufirmed these and was it not absolutely necesary that edition in 1858 Camis ratihabibio retro against the partners may be nulled but cient aut of Bankruptcy as against all the
they should have had at least notice of this trahitur et mandato priori æquiparatur; there is no previous statement to which the Bioment then omits the reason Green Peas, in the Shell Bots and subunitled to the Jurisdiction of they this Court and asked to be adjudicated
word "said" can be referred Bankrupts on these acta, and they wers
This petition is signed Houry
··0, Crld-in
upon which in the petition of the Hong: thereupon adjudicated Bankrupts. (4)
man's Bank. The put notice of the lient-gative, hating, as it appears, como
itself was not had answered the first question in the ne
tho on any one,
was burvod on Mr sale conclusion, as against the Agra and
the Oficial Assignes argumenthet
The Chief Justice then answeringor,
50
prejudicial delay as applied to traders, F. D. A. Goncz petitioning Creditor" were on of the Court, and by Mr Whyte os Aloxander Thring, and Hans Peter He first question Is the Agra and Master Cabbage, White Cantou, catiy 40.
notice
with the provision in sec. 10 by per to have been served on the Bankrupts or which adjudicativy, was granted on such a ted by the said John Dent, end in respected to Honor the petition Parsley Chinese,
the pressat petition to annul that in three questions ariso. Finst Is the Hongkong and Shanghai Banking Corporation such a creditor as to
all, neither the petition or any Dent, and naka that they all might be they have just cause to contend, that the adjudication, I have already.expire. Colery,
is tha
20 11
small hún. 30 25 exity 30 25
Já
140-120
"
Beaus, broad,
Eaglish,
}
Loug
Frouch, Stringed,
40
Asparagus,
Tomatoes, Chilios, Dried,
100
80
box 300 250
eatly 250 200
Groad,
80 70 50 40
which maxim Mr Broom shows applies to torts or offences as well as to miere contracts,
Well, Solicitor for this Agro and Meater kong and Shanghai Banking Corporation he
"
petition; ao as to entitle the petitioner to take away from them the protection of this Court for the equal division of their assets,
Wenld not the Courts in England oven which they having breame insolvent ought to have been, as it appears to have been, prior to 1849, may even before 1815, with served on their first object.
such THEY The learned Acting Attorney have held the act of Bankruptcy by one Alexander, the be entitled to petition to suit the adju-General contended that neither of two acts binding on these parture 10,000 miles Court; on My dication 3
deposed
Ito (as appears by the file of proceed. away with such a confirmation as th SECONDLY,
DLY, Are, the allegations in the age in Bankruptes, the tobolt of which Ale 'stion to the general, it is not an amivel, to the Bukrugloy), and on Mr. Gaskell, of the second and third questions raised in Unriy Stuff,
is the evidence upon it by consent to be taken as in Evidence before I may with much effect be auggest petitioning Creditores," that is the he employed in the position of the Hong Large Onions, Bombay, in
an universal, described as "Solisitor for the above nesuthe negative, using the same argumente as Pumpkins,
Francisco d'Assiz peb and have the proper parties been me) constituted on act of Bankruptcy sell that none of the principles of the Bank- this petition was,-1, the papór endorsed This Judgment is identical with that above
The only evidence kong and Shanghai Banking, Corporation. Green Onions, Judgment paper, from which it appears that printed in that petition Mr John Dent was sped on behalf of the sopartnership of Dent & Co., according to the Ordinance No. 2 of 1965; and that the said
distinct adoption and ratifiontion,ing of this the Supremo Masterman's Bank by a different line of Garlic,
sufficient,
brought before the Court 1
Teloty, (s either' of the two acts of Bankruptcy relied on a good and suficient act of Bankruptcy as against all the Bank- rupla
NOW AS TO THE PLUST QUESTION AS
this petition,
But
บ
» 40 30
190 140
30
100 80
bundle 40
30
catty 60 *50
a0 90
80 70
50
·40
plans to sustain the adjudication against Mr
Shalots, Dent alone, auch less against the other Bankruptcy Law of England as founded on old
(from [B to
B to BD); and rapts.
statutes were ever in force in this Colony.
his Lordship concluded thus :--]
Turnips, This suggestion arless out of the constita
On the whole I Lam of opinion that this Cucumbers, tion of this Colony.
position must be dismissed and with coats. Egg Plant, Ey ordinance No. 6 of 1840 (explained by
and Masterman's Bank" recovered against technical, but no one can doubt that a valid Mushroom, Dried, land up to 5th April, 1848, are declared to Johu Dent and the members comprising the Bankruptoy had been intended by all the
or firm of Dout and Co., partner This petition against the ad. Okras inapplicable to the local circumstances of 8144,612, sud
English Turnips, judication is not of subetases but is techniani. 2, An aff It
Radishes, seems to me that this English Bankruptcy Law was never in davic by Mr Caldwell that hb
a technical, ob Greet Sprouts, fores in this Colony, Identity of name retained as the Attorney for the Agrs and jection, may well be decided on the same... does not create identity of character In Masteraan's Bank." He adde that the principle, definieerd Mandarin Orangez 1846 general Insolvency, Ordinance No. 3 Company described a
It would have Been enough ifl had uzera- Coalie Oranges, .❝the Agra Mex. was passed to which the English Bankruptcy terman's Bank do not at present carry only given my decision; but considering the
Lemons, date until 1864 that was the only law affect sald Company has no Manager nor author think, it my duty, being compelled unwill ing all debtors unable to meet their engage-ized officer vesistunt in this Colony S All ingly to decide these questions, to give some mants.
the proceedings in the Bankruptcy,
at least of my reasons at large.
the Corporation a locus standi in curia on 'sistant in the firm, to deny him to all No. 1 of 18 section 3) the Laws of Eng. John Dent not appearing, the Agra Some of the grounds of my decision are Water Crossbunoh - 4080
I have already stated that the loan to deposes that on the 28th of June he went in be in force, except where the same shall be copartnership at Judgdient was signed
1. As to the beginning to keep house, Mr Dent deposes that before the 28th of Juno last ha directed Mr Overbeck, an as-
comers. MrGomez, the petitioning Creditor, Mr Chumley, or to Air Dont though as business hours to the plow of business of
Direotora ne against the shareholders. Was payment of the debt which the firm owed It not also legally speaking not implying him and that he asked to see Mr Dent, any intentional impropriety in bad faith and that Mr Overback told him that te tówairia every person who became a Credither he nor any other creditor of the firm tor of Dent & Co. after this large loan of sould see Mr Dent. 100,000 taels 1
This
que of a partnership, is ultra vires of the the bunkrupts in Hongkong to demand the Colony or of its inhabitant on the 18th of November, 1867d been take advantage of a formal seeking to
By announcing Mr Dent or Mr Ohiomley by Mars to be ni act of bankruptcy Law was never applicable, and from that any business in this Colony, and that the very large pecuniary questions involved, 14
to be a Director, the Corporation gavo do ties to the world that bis rm could not be a Debtor to the Corporation upon a loan direct to him and his partners; on the con- trary, the Company hold out the infufence that he was a Diretor the owner of fun oncatubered shares in and therefore a quasi rof, not a Debtor to, the Company
tin beginning to keep house. 2. As to making a fraudulent transfer of property to a Cenitor (which may be else wrote the affidavity of Mr Dent one than inthis Colony, ace dection 10 of Ordinance) of the bankrupts and of Mr da Silva
inay opinion, show the preference relied on in paying Aun Petty a Creditor the amount of her claim of $1,700 in full
a shred, if I say so term it, of the great The Bankruptoy Ordinance of 1884 is but
whole constituting Baokruptcy in England that shred being altered. Bankruptcy was never a crime in this Colony, can therefore decisions founded on its being a critas be
It was objected that the transfer to Annbinding liore?
the Company limited printed Pety was not complete, the like objection
Again the English Bapkruptcy Law somes was taken in Cteaming Baily, 6 Bing, at within the exception in the ordinance No.
p. 369, but the Court looks only to the Roboft of 1845, it is inapplicable to local circom- the trasformar why but parted with the stances. means of paying other Creditors..
and circulated their Deed of Association now before ins, in which I find no authority to the Directors to borrow the money of the Company limited, but which by clause 51 provides that no puzaon shall be a Director Who shaft bot be the bolder in his own right of BO aliares at the least, and clause 21 gives the fullest licu on aliareholders shares for ference. liabilitics and com
contingencies to the Com pany limited.
Shen a hut chant trading with Dont & additional credit to the firmn be canso, one of its members was the Chairman of the Directors and as such a quasi creditor -whte as such could not be debtor to the
of
31st January last. The Acting Attorney The petition came on for hearing on the
General was in support of the petition, Mr Whyte opposed its prayer.
>
pineapples, Pamelods, Pears, Canton, Licheos, Fresh,
Plams, Coppanuts, Pomegranate, THESE MUST HE CONSIDERED EXTREME: Plantains,
HONGKONG MARKET PRICES. Saturday, February 22nd, 1368, A6 1400 Cash per Dollar Mexican
RATES
Woppees, Chastuuts, Cach Cat Walnuts,
Mangusteous, 224 104 Peanuts, 224 194 Tamarinds, 110 120 Almonds, 70 69 Currants
PRICE Highgui Ever?
Butcher Meat. catty
per set
Fruita
eatty 250 200
S060
51 4030 3020
calty 80 60
TO LET.
TO 3, PECHILI TERRACI
Apply to
27
LANË, CRAWFO Hongkong, January 24, 1868
TO LET TURNISHED or unfurnished
BANK BUILDINGS, opposite the Hotel Company's
Alao, Coach HOUSE and STABI Horses, situated un the Robi Water and Gas laid on, with t Enclosed Grazing Paddock adjo For further particulars, apply
Ms. EDMUND Solicitor Hongkong, August 20, 1867. podallon: ATO LET. A prodore's Room.
N OFFICE with Godown
Apply to
MELCHER
Hongkong, October 1, 1866.
TO LET
HE Premises siteator in Que Stanley Street, and at pa pied by Messrs H, MARSH & Co. For particular, OPPKINSO
JAMMERT,
to
Hongkong, 6th September, 18
ΤΟ
BE LET TWO Now and Strong GOD
Marine Lot No.
Apply to
63,
GAVIN THON at GIBB, LIVINGST Hongkong, Desaraher 16, 186
TO LET.
LARGE ROOM fronting t A Road, suitable for eithe
or a Shop.
Apply at the
MEDICAL રામાન
Hongkong, September 20, 186
STORAGE
YAN be had in First Class
downs at Wanchal, on ver
Terms.
For particulars, apply to
CHARLES RIVING
At Messrs LANDSTEIN &
Stanley Street Hongkong, January 1, 1868
TO LET. THE PREMISES situated Wharf, lately occupied AUGUSTINE HRAND & Co. Po be taken on the 1st of January
apply
For further OS. HUN
Hongkong, December 30, 186
4080
each
::80 50
each
cutty
Dried-
120 110
eavit
50
50
unity.
30
110 300 -100 90
40 -30
400, 350
320 300
300 175
94, Queen's Road Central, Graham Street, consisting of the
500 500
70
17
21
Tripe fundressed), city 7050 Nankin Poara, Liver,
160 110
11
Chop,
210182 Winter Pears,
210 182 Commor Pears,
84 77 Poking Pears,
160
90
30
I+
Fat for Lard, Fry, „Mitlings,
140 120 Ground. Nuts,
20
1'
Feet, Head, Liver,
bottle 500 450
500 450
I have vary anxiously considered the questions raised. The decision must be according to the Law of Bankriptcy a Insolvency originated by our Bankruptcy. Ordinsuce; 1.804, a most imperfect code for which no one in this Colony is annverable, It was drawn and settled in England, I confess my inability with any certainty to Boof Steak, decide whether any, or if any, how much of the old Equity and practice of Bankruptor in England is to be considered as Law this Oulmy. A question overriding all other questions upon this petition at ones Court What is or who are t the petitioner or presents itself to the consideration of the petitioners? Does it or do they present itself or themselves before this Court in a way in which an English Court of Law ur
English Law in force here the Courts of the Colony are open to all editor, that is to say natural persons, man or women coming before the Court with
names insutifying Pigs them
As an exception and only as an exception other persons, namely bodies politie such as
Koast, Suttp Law in Ballucks Brains, Tongue, "}
Heart, Fail, Feet,
1
have any intent in
in them nor previously Fany limited by virtue of its constitution, consent to them, and he illustrated these, and the first Creditor who hastens to get Equity ear recognize it or them? By Poik, Leg,
85 2
o it is tlio rule that of all our great Thus appears to me to be an art of Bank-Mercantile Houses suure of the partners ripfey by Mr Dent, in making according are absent and one only of the partners to its legal mearing a fraudulent pre- resides within the Colony. Thus Mr. John
Dent was of that large firm the only reaid The Asting Attorney General contended ent partier. If the old English rule, that with much force argument that assum-
ruptcy for the firin to save its assets for ing thom valid e against Mr Vent, neither als mir dannot commit all act of bank of these acts could be custrined into being equal distribulica, prevails heav, then iss to an act of Bankruptcy by his partnote; that four fifths of the property in trade here the knowing nothing of the acts they could not Bankruptcy Ordinance of 1864 is a dead lot
priority by
Judgment can now, as in fact
The presumption as to the powers of managing resident partnum here may well differ from the presumption as to such powers in England with reference to be- coming but be here presumed that
Surely is whenever the honor of a firm is at stake one partner is from the necessity of the cases cases capable of committing an act of bark
in order to secure the equitable I will first refer to the cases clled, which division of this brai's assets among the appear to me not to support the proposi Creditors, especially where as in this case all tion. In Cumming v. Euit, & Bitig 365, the the partners have by their coining in by point did not arise for decision béosuse their counsel and attorney before adjudí flire the absent partner had himself conication ratified the nots of Bankruptcy by mitted an indisputable aut of Bankruptcy; Mr Dent, and asked to be maile bankrupta.
On a question similar to that now before nor in Dutton & Murrison, 17 Ves, 192, which decided a very different point, namely we Sir Edmund Hornby, Chief Jud
Chief Judge of that one partner could not without special H. B. M. Supreme Court at Shanghai, sitting authority esecute a Dead binding his
Dent others (the them. A Corporation may here as well as partners
if the Company limited treated and bold points by two cases of Halton v. Royal, 27. he did prior to 1864, sweep off the resets.
Crouse, 16 I: J., O. P. 35; the decision, in each of which was as to sets and transactions after the partnership had ceased not to relay on the element of fraud in cash case. Ele also citcil cases to show that the shutting up of the place of business or be ginning to keep bouse by one partner was not an act of Bankruptcy by the who were absent.
artyer
Mutton Leg.
Chap. Shoulder,
320 500 Raisins,
160 190
Babanas,
cach 190 100 Grapes,
67 Strawberries,
corporations and brillen gizasi corporato, are recognise if and when, but only if and when, they show their title, except certain
-31 wlioso existence tho great companies at Courts bake Judicial nation, s. certain ccclesiastical and municipal Corporations Mutton Liver, and great comperial onrporations of the Sacking Pigs, state, as the Bank of Englund; but of the Calves Heat, and Feet, ast existo existence of Corporations and quasi Cor
Sheeps Head and Foot, portions generally the Courts do not take Bacon English Judicial notice so as to entitle stich before the
Fulchau, Court, tional poisons to come and their title to do so, must appear in the Hams, Chinese,
attor, otherwise the Court will not bear
Á
out to the world Mr. Chomley or Mr.Deiit.J., C. J. x. 430 and Hmbridge v. Nela
så fit person to be Chairman of the Direc
was disqualised (and no one fors, whereas he w can say how many persons have been so do ceived),
does it hot fellow that the not of this Company limited was (though undes signedly) so fraudulent as that it ought to to be allowed to Like priority over the body of Creditors whe sonk juity in seeking equal distribution of the zasele, and (if the Company limited be not liable to be alto- gether postponed to the other creditors in Marshalling priorities aa between the Cre- which may be a question raiseable in the Bankruptcy) can it claini to be such a creditor as to come into this Court after catching a Judgment in an undefended nction in hot haste and obtain from this Court a Court of Equity--leave to swallow up assets created by the other
creditors Whose money would thereby become liable to the execution at the suit of the Company Limited only or mainly bacant the Coins pany deluded these other Creditors into the Law is thus stated. If the adjudica- co-partnere, Perun it would be more hai Banking Corporation is such a body: Sheeps' Hourt, bohoving that Dent &Co. could not bo tion is against several partners each inust corrent to say that the sot must be one but it would have been as I understand it their Debtora?
be proved to have committed an apt of intimately connected with the business rullegal for it to have pasuuled to be a Cor-Pigs foart But it is and thint this is a loan by the Bankruptey, for the set of one in this rather that it must be one necessary to the poration without Ordinance, and but for this Pork Sausages, defunct Company limited and that the pre-spot will not bind the rest, though he is the carrying on of the business,"
Ordinance it would not be heard in Court. | Goats" Meat - Bent Corporation is not chargable with the only que transacting the business and re- I concur in this distinction drawn by the How then can ↳ Corporation or a guast mala
Judge, applying it as he did to the Corporation (s modern Company) have siding at the place where it is parried on."
plicable here,
At page 975 of Dessou on Bankruptoy
by Langley, cited in support of the petition,
ני
גן
in Bankruptcy thin, Dian Bankrupts there) in England apply to this Court; but then it Kidneys, Bullocke,
Bankrupts here being
is reported to have sail in reference to must be when sabled by charter or by what acts by que partner bound his absent statuite. Thus the Hongkong and Shang-
American,
Engl
JE
Pige
Shoeps,
180 170 Hazel-nuts,
BO Coquets,
03
140 120 Figs Dried, 140. 120 Date
420 550
140 120 Prunes Dried,
Carranbolas, 420 350 Jack Fruit, 800 290 Pluma, Water, 160 120
Limes,
280 250 Castard Apples, 560 500 Roes Apples, 500 500 Mulberries, Sugar Cane, Guavas, 330 280 Dried A
480 420 330 280
420
50 Vermicelli,
دادم
calty
.32
stick
onlty
Miscellaneous.
Chinese Vermicelli,
480
480-420
Tapioca,
ench
60
60
50
Macaroni,
90
90
.80
80 Curry Powder, --
Split Pons,
catty
320 300 Rice,
Paddy,
Head and Feet Bet
Poultry.
if there were any in the foSimilar propositions occur at pages 44 andos of Shanghai and equally apane rebogitised in Law except by the Geose,·
· Pra
Ordinance
of 1864
ta
Ducks,
do not so hold The Corporation is a 155, and Dutton v. Morrison, 17 Von, 103,
in law from forent poran in
Company
charter or Ordinance, which creates it, but it took the debt (if indeed it took it decided in 1830; Mille v. Bennett, 2 Mau., Whether there are recent decisions in which should be made appear to the Court?
Toal, over at all) with full notice of its character and Selw. 566, decided in 1814, and Emparte England on the subject we unfortunately Ita ramo, it is said, is its substance and
are unable to ascertain. So little has the nascuts, and it is not à body before a tame - Turkeys, Indeed upon the face of the Judgment or Mas, 10 Ves., 643, decided in 1818, are in the evidened before me, I do not so the there cited as supporting this proposition.
i on that not is iftiused on it, ultber by chatter or by Pheasants, Cock, beeu aoted Title of the Corporation" to the beneficial I must herò remark that Mr. Langley cites oft the endos
on9
of authorised Raporty virtue of dúts done under an not of Parlin- in the interest
still less to the legal no authority later the 1815, nor has any in Bankruptcy, from De Ges and Smale Tent of Ordinance. It was stil more than Pigues, notes,
200 years ago, and it is still law,
that it
26 Quail, All to them as indorace, and still bug-2 cen pited to me.. Indeed in Mills. Ben downwarde, i tond in the body to plead and he intplezded Fowle
sett Mr Justice Bayley had doubted on the and the other contemporius reports is le
•Payee of this promissory notes (in which list here therefore do not admit the proto Bankruptcy cases are meagre and few, (B) fake" and givs. till 15 as got a time,"
made point. character is sued) which notes are
On the whole I payable not to any "Corporation but to position of Mr Langley is being now law
of opinion that au
thie Indeed an association of
persons must, Capons, any Limited, a very different oven in England. That it was the law ug petition must he dismissed ab with posts unless they bring themselves within the Hen Bgas, the Company body insleed
to 1816, and possibly later with some ex- On Mr Whyte having objected that
the exception
ion, plead, and apper, and petition Duck Eggs, (1)UN THE SECOND QUESTION, as to the pelt reptions, I do not questin, he learned petition was defective in not stating
Acting Attorney General tion and Maullegations, as to the evidence and reason. By the Rots of the English Legis of z parle Flight, the Acting Attorney in Story on Equity Pleading
himsel
sare che
one of Body. the
is abundantly clear Dried Ducks, This is
Suipe, General Asked leave to amend the petition In Englaud it is proper wad ustel,
Now what is this Body calling itself absolutely necessary, that the title of the becque a Bankrupt was a crime. The rea by inserting a proper allegation in this The Agra and Masterman's Bank Pre In Partridges, petitioner to petition the Court should be son of the above dedsions is plaiuly ex respect, and said that if I hold the objec nowhere allogas itualf to be a Corporation, Rabbits,
d it should state BOL Dat, indeed it
not only that he had been a Creditor but that he continued pressed in the language of the Chief Justice on valid it would be a denial of Justice to nor does it allege itself to be fortiod under Wild Geese, Kenyon in the year 1708, ut Fqwler Fofuss him leave to amend en polus so the provisious of any Ordinace of this Wild Ducks, Creditar
of I the petition, as
7 Term Rep 514, cited by the merely technical I declined to give sugli Colony, nor of any statute in England, Sand Hill Birds, as parte Flight Auting
By General,
Bank He anу
permission. my reason was that as no or even any Law of dia nor elsewhere. Hill Suipe, ruptoy is considered 29 arime
29 B
the human being could doubt that a valid What then is its fight or title to tothe Spurrows, petition and the adjudication and
that living
obtained Judgment against
as to the burtien Infere the Court an itature upon which these decisionz hirnett;;}
Dr
W
to
Whyte contanded,
to the date
ling
of
the
And
to
petitionor's title to petition on the authe the Courts fo the names of each and every Salt &ggs,).
1 Dea and 0.78, IFA also stato the: in the old laws is called an off Bankruptcy had been intended by all the hero 1 Iond sto nono. It may be suggest Rice Birds Buch aufs au proceslines in Bankruptcy as der, but is a principle of natural Justice partners and that any petition against ited Tent that in sufficient; but it is Wild Pigeons,
are questioned. On and in refervited to and of our law that actua win facit veen, was not of substanics but technicul, so it Mr.
outs colae to the Court Exports
meet
tp
Case,
but
similar
Buch statenicuts only should the prayer for nisi eit mens rea, the fitent and the actiemed to me that this petition seaking to patout, that he did not upposi in the nation, relief be founded. Otherwise the respon must both colour to constitute the crime." | take advantago formal technical objecs and if this body had milled itself by any Live Fish's
In England and possibly up to the roar tion was not to be aided in curing a tech-other me pon
it Bola ailer allegations what precise issues they are
to 1840, there may have been decisions follow- micality by this Court
might háro had & Judgment. But Oystofa, ing those
tin Bitoli know of
I considered the attempt to be and con- even if the Judguient is binding on Me J. Sripe, Now this petitioner nowhere in its poti decisions, sortainly not after 1848, to the trary to the object of Bankruptes, equity Dent, cati le be binding to
this extent Cabe, tion states that it is a Creditor of the Bank-like effect. None has been cited-tone and equality amongst all the Creditors, in against his Uraditors, sons to stop them rupts which is its only title to petition the Aid way? Boosuse since 18611 not since consistent with the dignity of a wohlthy Oer from questioning the title of this petitioner. Prawns, Court, nor the filing of the petition for, 1840 (see the Aut of 1849 § 95 and the Actporation and contrary to that commercial nor the adjudication which it sooks to have of 1801 § 86) bankruptvy bes consed to be a cowity which ought ever to prevail on nora
If it be cald, that it in posorious that the Lobsters Company carried on business here, the Frogs
224 106 catty
euch Bally
Bran,
Flour,
170 150 Pearl Barley, Sugar, China,
250 220
Sago, 870 750 Coarse Salt,
enoir 1000 900 Fine Salt,
-
500 350
10 10
400 850
bottle 500 450
bux 1500 1400
12
eatty
1000 1400
160 150
bottle $50 800
catty 6t 40
50:30
pieul 2000 1800
12
ently
2300 2000
0
60 40 Ion.
160 19
· 100 80
16 10
3020
-900 750
210 220
Pepper (whole).
200, 190
1
11.
Gully
220
120 · 110 190
bottle (ground).
350 $00
Coffee,
outty 300 250
"
dusen 160
280 100 140
Nnthiege, Capers,
each
10
9
bottle
200 180
160 190 180 160
Olives, Mustard,
350-750
850 200
350 300
euch"
Pickles,
300 290 Mango Chutney, 100 150 400 890 Gram, new,
English Vinegar, Mede,
760-700 Cinnamon,
Cloves,
250 200
£000 8000
460 400
picul
bottla
350 200
catty
700 600
600 .500
300 250
"
160 300
doz.
Tsinglars, Citron,
32
"
3600 1200
Batter,
Ib
100 140
Fish,
19
salty
180 140 Salad Oil,
11
200190 Cocoanut Oil, 160 140 tp Oil, 160 140
Firewood,
110 120 Charcoal,
160
140
catty 200 170
Tea,
270 180
$20.000
400 - 500
400 800
bottle 350 260
unch
Batty 180 140 ·
120 100
picul 400-350 catty.600 230
···1400 1900
J. BURTON, Inspector of Markste
TO LET.
THE FIRST FLOOR of the
Rooms, Verandalı" and Outh adapted for Offices.
Apply to
WM. SCHMID Gunmak
Hougkong, October 2, 1867.
TO BE LET.
A SHOP, situated in the best
Queen's Road, with. Shew Fittings complete
NB Two First Floor Roo hal with above, if required.
Address "Z" care of Hong posary.
Hongkong, November 25, 186
LIGHTERAGE AND STO THE Endersigned will underta
Cotton, Rice, Cosle, and chandise, in their own Boate, and the same on STORAGE in First nite godowns, oe Moderata Tern ROB. S. WALKER Bangkong, March 4, 1866.
TO LET. HE atensive and eligible P
1 Corner of Hollywood Road Street, lately in the occupation o Government.
Apply to
DAVID SASSOON, SON Hongkong, September 4, 1867
TO LET
HE OFFICE and GODOWN: the soruar of Wellington aud Streets, and at presont in the occ Moaare ELMRNHORST & SANDRES,
For particulare, apply th
GIBB, LIVINGSTON
:
Hongkong, March 6, 1865.
TO BE LET Furnished or Unfurnished
E Dwolling HOUSE in the prezent occupied by MFN. R Gconpation
can be had in a f Application can be made to Bir
the Albany.
Hoogkoug, September 25, 1867
TO LET
OUR Large ROOMS on Bee above the Offesa of the Und Queen's Road, at present co Mesura C. Hocs & Co. Possessio
taken on the 1st of January, 1818
For Termiz, do, apply to
G. DUBOST Boughong, November 6, 1867.
TO BE LET. HOUSE in Queen's Road, com a good view of the Harbour
North side. The House contains Booms with Bath Rooms, Veranda back, Kitchens, Sərvant's Lo Godown on Apply to
ground Floor,
TURNER
Hongkong, February 8, 1868.