MONDAY, DECEMBER 14, 1908.
QUESTION OF DOMICILE,
An Important Judgment.
TO REVOKE A RECEIVING ORDER.
Before the Chief Justice (Sir Francis Piggott) at the Supreme Court, in Bank. ruptcy jurisdiction lay, the ones came on of Woi Lung Shang, es parta Yue Hing, which was an application for the rescision of a receiving order.
Mr Hastings appeared for the Tai Wan
SPORTING.
1
Cricket.
www.
HONGKONG v. KOWLOON.
THE CHINA MAIL.
MOSLEY RECREATION CLUB Y LUSITANO BEDEWATION CLUB.
The return match between the above teams took place on Sunday and ended in a win for the M. R. C. Scores :-
M. R. O. Y. Abbas, and b Cordeiro, These two teams met at Kowloog on 10: B. Soondela, run out, 4; A. G. Saturday and a very pleasurable game was Suftiad, ran out, 18; M. B. Suffiad, o the result. Hongkong hatted first and theo, b .. Britto, la; J. M. Dyer, a Corveth, b Cordeiro, 6; 8. E. Ismail, o and individual scoring was not very high, C. A. Cordeiro, 2; H. Hartaam, Britte, 7: Fowler having 15 to his credit, while the A, A. Abbas, e Corveth, b Pereira, 2; 4.
In the Supreme Count, to-day, the Chief Justice (Sir F., Figgott) gare judgment on the important point za to the jurisdiction of the Court raised in the bankruptcy proceedings of Chan Yu Shan.
His Lordship in giving jadgment said--- coneзm the bankruptcy jurisdiction of this Atkinson for the petitioning creditor korg was 9, Kowloon did much better Extras B; total 70. The questions raised in this case which Bauk, Ltd., a judgment creditor; Mx/ total number of runs obtained by Hong Kader, a Barros, b Pereira, 1; 8. Hartcam,
·Cordeiro, 13; A. M. Suffed, not out 4;
putling up a finè score of 120, of which
L.R.C.-P. da 'Roza, o Y: Abbaar, b Lout Haughton was responsible for 33. A. A. Abbass, 9; F. B. Hyndman, M.B. while Liest Lipmann and Major Chitty, Suffiad, b A. A. Abbasa, 1; L. G. Cerdeiro, the latter not put, mada 14 aach. The and b A. A. Abbass, R. A. Carvalho, A. Kader, b M. B. Sufiad, 9; J. Corvath, scores were:-
run out, A. V. Barros, bá, A. Abass, ; A. G. Britto, b M. B. Saffad, 0; P. A.
HONGKONG.
court over foreignora are of the utmost and Mr Dennys on behalf of debtor. importar.ce. I have hinted at them on
Mr Hastings said the question of the one or two ocensions but this is the first domicile of the debtor arons. On behalf of an which they have given rise to serious the judgment creditor he (Mr Hastings) now argument and shall deal with the matter asked that the receiving order made on Nov sa fully as possible because a largo pra-fith he rescinded, the grounds being (1) that Capt. Baird, b Tupmann portion of the trade of the colony is done the debtor was not domieird in the Colony Lt. Sill, b Makin... with Chinnion exrrying on business lace at the date of the presentation of the. A. Fowler, b Lipmann
A. R. Lowe, h Lipuann and in wine-tentha of the bankruptcy petition; (2) that the debtor had committed A. Mackenzie, b Lipmani ... petitions which come before the court the debtor is a Chiosmax, and therefore the fundamental principles su which English bankrup of jurisdiction is based involved in almost every case which I have to dosl. The importaque of the question arises from the fact that where à Chinaman trades as so many of them do in other parts of the East as well as Hongkong it is alast impossible to localise the effect of a bankruptcy in this think colony.
I do not
Are
A resident in
Lipmann
... 11 Tranovici, cand b A. A. Abbaas, 0; 1. ..... 12 ! Peroira, ↳ A. A. Abbaas, 1'; F. X. Britte,
... 100 and b M. B. Suttail, 2; A. J. V. Ribeiro,
not out, oxiras, 0; total 36.
Balderston, b
10
no act of bankruptey on which the petition E. A. Irving, & Haughton, b Lipmann. 7: could be founded; (3) that after payment A. P. Dashwood, of the costs of the proceedings there would
R. Festanjee, bw b Diron be no substantial namets for division amongst H. H. Taylor, b Haughton the editors; and (4) that the petitioning: C. G. Libeaud, not out... credit had been in collusion with debtor, E. C. Hagen, b Dixon and was thus proseeding in abuse of the
Extras procesa of the fours.
His Lordship said he did not think 3 and 4 were sound grounde; these ware questions for the thcini Recaiver to deal with.
Mr Hastings-I thought if I was bere on the good ground I could argue on all grounds.
His Laurdship-I don't think so.
Mr Dennya-I say the first ground is the only gmund your lordship can hear any argument on. The second one has already been before the court,
#
... 90
Total...
BOWLING ANALYSIS.
D. X.
T
11 +
28
$$
0
30
& 1
17
1 1
Lt. Lipmann ... W. G. Martin... Lt. Haughton... W. G. Dixon ...
KOWLOON.
Lt. Haughton, Baird... Joux. Sulizona, 5 Pestonji Mr Hastings sd undoubtedly the first W, Dizon, e Dashwood, Baird and second grounds were the minin ones,t. Lipmann, b Baird... bat the most important question was that J. II. Mead, b Pestonji. of domicile,
Lt. Byrne, did not bat
Mr Atkinson Yone Lordship raised the question of domicile and was satisfold that there domicile.
Hia Lordship But I think I said some. thing about the impossibility of Chinese being domiciled.
441
P. Love, & Irving, b Pustonji Major Chitty, not out
W. G. Martin, Baird...... Lt. Balderston, e Baird, b Fowler J. P. Rohingon, e Lowe, b Fowler
Extras
Total...
League Cricket.
CIVIL SERVICE • TELEGBArðs.
The Telegraphs are to be congratulated, 10 on their close win against the Civi Service on Saturday at Engie Valley, A total of 32 raus fell to Day, hefore he was 'Caught by Barlow and the only otber player who made a fairly big score was Beattis. Read for the Civil Service and to retire with 18, being caught | by Day, and Sutherland was bowled 1 for 24 by Fonke. The scores wore.—
TELEGRAPHS.
Day, e Barlow, b Bird
2
...53 Woods, & Bird
4Young, b Bird...
4 Lintow, b Bird...
---
0 Franklin, e Raven, b Bird
Beattie, 1.b.w. Bird
Penko, b Bird.
Warburton, o Brett, Witchell
... 14 Battiscombe, not out
0
Shields, Brett, b Witchell
o Parker, Birri, Witchell
Extins
4
27
Total...
...1.20
BOWLING ANALYSIS.
D
DOWLINO ANALYHIS,
Bird....
12
0.
H.
F.. W.
Brett...
1
• 50
Roud
AL
4
27
3 Witchell
3
↑
8
0
34,6 1
HONGKONG 1, NAVY.
C.B.C.C.
R. C. Witchell, e Woods, b Shielde
A. R. F. Kavan, hanke
B. Reed, e Day, h Shields
b Peako
As stated in our issue on Saturday even. Dr Atkinson, Shields, b Pusko. ing the Navy XI. mot the Hongkong XI... Bird, b Shields that afternoon, when the Navy were out F. A. Biden, b Peake for 10) Hongkong drew stumps at 222, R. O. Hutchison, bl several players not batting. The scores. B. Sutton, b Peake were:~
R. O. Barlow, e. Young, b Paako... THE MAYT.
L. E. Brett, not out
Comd. Lewig, b Stevens Lieut. Mulleneus, Pearce, b R.
Hancock...
Mr Oliver, b R. Hancook
thore can be much dispute as to the I view frete except as to one point. of the law which I am going to lay down in this judgmont the point is not really of first importance because he is a Chinamar: and I do not see much evidence that he evor traded generally, though he appears to have incurred debts in the Colony. It is however advisable that I should espress an opinion on the paint. Was the debtor cogkong who wont down to Annam to buy cinnamon which he then brought up to the Colony to dispose of or was he a-resident in Anuam who bought cinnamon there and brought up to the Colony to dispose of Int of opinion that the latter are the true facts: I think it probable that he bud done this
Mr Hastings said his friends, seemned to of previous occasions but I do not think assume what was a gaits wrong state of that is mutorial. Baving dealt with the stirs in reference to debtor's domicile of general law his Lordship considered the origin-apparently they thought that be facts of the case and in doing so said-The cause be was born in Hongkong his origin debtor certainly was not domiciled in the of domicilo was them. But debtor swore Baird Colony and as I have said on a previous that the whole time be had a family Postonji
100 occasion I do not supposo there are house in Canton; and therefore he (M Sill... Chiarmen in the colony who are domiciled Hastings) submitted he never had acquired Fowler here, as the larger tuinber of those who
a Hongkong domicile ni all. But assuming reside here all desire and intend to return for sake of argument that he did, these to China whenever they have made enough was no doubt but that for three years money or commercial adversity compels he had one family at Canton, one at them. On the question of residence his Lot Macho, and no family or property here. ship held that the debtor's occupation of the Debter had put in his statement of cubicle was temporary, that it was only to affairs, and this showed his debts to be last till the business for which he came to 8243,000; and now he came to the court the crily was concluded, and he fund and stated that his friends had met and gront difcally in sucing how a residence subscribed 84,000 so that the Offcint which was admittedly temporary could at Receiver might white-wash hin, In other the same time be destcibed as "ordinasty." words, he proposed to pay 14d in tho E, Continuing his Lordship said-The im or ds of a cent the dollar for the portant question is was this a place of privilege of being whitewashed and coming business in the colony? What is back here to do business again. required is not merely carrying on business Hi Lordship The only question is that but a place of business, which means a he was born in Hongkong and is therefore place where the debtor doce business. a British subject.
Mr Hastings-I submit that does not Coming now more eosely to the facts of this case của point is quite clear-affect the point at all, because birth in poreon merely employs a commission agent place does it give domicile, consigning his goods to him for sale, that His Lordship No, but it alters the does not make the commission agent's whole basis of juisiliction. It makes this premises his client's place of business. I difference that whereas with regard to a Rov. Jones, e Shenton, b Sharpin am also clear that the cubicle was not & foreigner an act of bankruptcy committed | Livut, Ormsby, c Daniel, b Sharpin... place of business per se. The evidence elsewhere than in England is of no avuil, vary slender as to business tran-pes with regard to a British suhjem, it is sacted there; if there had been many trans--| good. actions, in fact any business done there, the owner of the house would certainly have given such mors evidence of people coming there.
The only plies business which the debtor could have bnd were the premises of the Kwang Mo where. the eliants wet him and concluded their hargains. The vital point to consider there foro is thin-Must the place of business! belong or be under the control of the debtor On this point I am far from clear. The key to the subject is that remark of Lord Justic Brett in Te citizen. Becquard: the extension of the lank ruptcy juriadiations to foreigners is made on account of the "hold" they have on the country, and the question to be anewered in each case of "doubt is, has the deator in question a “luld on the country? Ahold on the country' mexus 1 iraagine something which is visible to other puranes who trade in the country
Com. Levis... which induces them to give the debtor
Sub. Licut Haddon .. credit:
What I think is the meaning
Staff Paymaster Wright 2 of the phrase "kold on the country GRANDMOTHERLY LEGISLATION. Lieut. 'Tweedin is that it is such a position which
E. COliver... will induce people by reason of it
Ufo the Editor of the "Casa Man.”) to give a person credit. It seems to me
Sir, I wonder if it has struck our that if a man is doing business such as concluding bargains for the sale of bis legislators that in the event, of the Ex-
Mr Atkinson spoke for the petitioning creditor; and in the course of argument
Mr Johnston, stpd. H. Hancock,
Stevens ******* Lieut. Sommerville, o Daniel,
Stevens ... Liont. Tweedie, c Claxton, Stevens Eng. Lieut. Edwards, b Makin Sub, Lieut. Haddon, not aut
Staff Paymaster Wright, e Daniel, b
Sharpin
A. R. Sutherland, b Peake ...
27 0
Beak Shields
12
21
13
Totni
B
BOWLING ANALYSIA.
D.
1-1
12
Б
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1 48
Schools League Football.
In the junior competition of the Schools Ingue, which started a week ago, there aro eight teams entered. They are:- 10 Queen's College, St. Joseph's College, Ellis
...100
Gifts for Boys and Girls.
3 Gifts for those who can spend any amount
and gifts for those who needs must maks every penny count,
3 Radcurio. Diocesani, Victoria, Yauumabi, Wanchai and Saiyuopun Schools. The list of fixtures shows that the competition: should be completed by the end of March. 2 For the senior league threy leans have 4 entered, namely, Queen's Collego, St. Joseph's College and Diopeenn School. The
Extras ...
Total...
BOWLING ANALYUN.
D
P
५
R. 26
W.
8
...6.1 I 11 ... 6
H.6.1.C.
21
50
...103
20
his Lordship end he should never have R. Hannock... granted the receiving order if he thought. I. H, Stevens there would only be 14d, in the 2.
H. D. Sharpin ... Mr Denuya-Your lordship is atterly at H. R. Makin se-I say it with all respect-as to there being only 1fd. in the £. It is not se
Mr Denuya argutod at length that in T. E. Pearce, c Lewis, b Tweedie debtor's case there had bean no intention R. Hancock, not out of alienage, saying debtor had sworn that W. C. D. Turner, & Oliver he never wished to become a Chinese H. R. Makin, not out
His Lordship--The position of a China
man does moury very much from
the position of an indian in other British
Extras...
Tetal
*
1 first watch, between Diocesan Selicol and
| St. Joseph's, is fixed for Jummary 6th.
I... KENT 2 ..... L
A "friendly" between these sides pro- 30 vided good sport for a large number of 10 spectators on Saturday. There were plenty of exciting incidents, and the outcome of play was a win for the Naval men by the odd goal of three.
209
H Hancock, H. D. Sharpin, W. E. Colonies. You cannot hold that an Indian Shenton, E. B. Hinda, F. H. H. Stevens, is domiciled dus of Jodis, because hn has | A. A. Claxton and W, ₫. Daniel did not bat. always a great desing to return to his home
After further discussion, his Lordship intimated that he would reserva judgment. Į Lieut. Mulleneiz
CORRESPONDENCE.
BOWLING ANALYSIA,
0. M.
R.
W.
...11
HE
४ 8
26
42
16
A
06
1
OEVIL SERVICE "A" C. MR BRAW'S TEAM. The Civil Service * A "mot Mr Brawn's
XI on Saturday afternoon when the latter won by 104 runs to 30. Tho ecOTES WOUR:----
CIVIL SERVICE "A".
J. McKay, run out...... A. Beach, c Evans, b.Biarn...
A. File, e Peterson, h Brawn C. Burdett, b Evans
P. Adams, e Witte, b Erans...
f. Ellis, b Evans...
goods at a place where he may be soon pocterating Ordinance becoming law, the doing it, then others may not unreasonably corollary will be the necessity for another suppose that he has business to do and ordinance to prevent persons who can that is the place where he does it and on not afford the luxury of a haudker the strength of that people may give him chief (chielly Chinese coolies), from in Dredit. If boy do then that place becomes dulging in the equally offensive habit of Me Even, b-Evans
blowing their noses in an uncivilized man. nor and wiping their fingers on the nearest lamp-post. What a chance for Manchester and enterprising Piece Goods Merchants. If you will kindly publish this letter as a friendly hink to the Government you will greatly obligo,
Yours faithfully.
BLOW IT. Hongkong, Dec. 14th, 1908.
DISCOVERY OF SMUGGLED REVOLVERS.
for the purpose of bankruptcy law his place of business. This seems to be renaonable distinction to drew botweca the case where a man sends goods to be sold or commission, leaving the business entirely in the hands of the commis sion agent, and ane who intermeddles in the eyes of the business world with the making of the bargains. It is therefore the fact that thore-ny other creditom which, brings the case within the purview of the bankruptey jurisdiction of the court; whether they can justify their claims is another matter with which I hvrà nòi now to deal. I are therefore of opinion that this court has jurisdiction to entertain this palition and that the opposition must be rejected. In view of the uncertainty of this question which has been raised I do not reject it with costs.
THE CONVENT BAZAAR,
There was oponed at the City Hall this
F. Coonibs, e Virensh, b Brawa 3. Taylor, b Brawn... A. Thornbill, bErans A. Davey, not out...
Extras
Total...
MR DRAWN'S THAN
W. H. Vireash, McEwen, b McKay... G. E. Lace, o Ellis, Adams A. 0. Brawn, c Cocaba, b Adams
Whitfield, o Coombs, b Beach...
G. Evans, o Kefwen, b Beach
C
In view of the constant rumours of the movement of rovolutionarios, it is specially 55 the Viceroy of Canton to disconcerting to know that in the district of Shiuhing three. Petersen, Comba, b Adams cases of rovolvers have been found. They A. E. Jenkins, b Tayler... rexa passed through the Lekin office na a | W. Hall, g and b Adamıs case of books. These revolvers wero of G. Witte, b Adama... special make, and see esid to bo capable of J. Yew, o Thornhill, b Adams Ering thirteen rounds without being te J. . Anderson, not out... charged. has not yet transpired from
Extras whom they were sent, nor to whom they The authorities wired were consigoed.
Total
-
Navy Leaguo.
HEDFORD 1. ASTHAVA 0, There was a capital contest between these teams at Happy Valley, the gaine being watched by a good number of spectators. There was very little to chocso between the sides, but in the end the Bedford came out on top with the only goal of the match.
The Sporting Editor of the China Moll would be greatly obliged to these secretaries of football clubs, especially the Naval and Military clubs, who do not already send in
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THE LEAGUE.
HONGKONG.
A decisive victory over the Boy's Own,. One of the greatest arguments in favour another new team in the League, who like. their opponents played their first match. of a League is the fact that no less than The Naval Yard United remain stationary four League matches were decided on Satut with one point having sustained defcat by the Buffs. The Lusitano also went under 20 day afternoon, and this harmonious arrange to the Royal Engineers and in two matches ment was successfully accomplished with hire not gained a single point. The B.G.A. 4 only three grounds being in use. If neces stand highest with goal average. 1ity had demanded it, there is no doubt The league table now stands as follows:-- 28 that other two League matches could have
OOATS,
been played, if there had been sufficient
2
clubs in the League, by on earlier match at Royal Engineers.. Causeway Bay and later one on the Naval
P. W. L. D. F. A. Ps.
10.18 2 2101 32
3
3
11 Ground at Happy Valley, so it will be seen T. M. G. A 210163
Bufis
1
that the ground question which has alwaye P. A. M. C... 3 1 1 0 9 5 2 baen a burning one at Hongkong, can be R. G. 4.1 1 901102 to a very large extent diminished, always Naval Yard Utd. 2011 34 providing that the clubs work together usitano 90 90 1 6 under one ceral head, as in the case of a Boy's Own 10.1.0.0.11 league competition. The Y.M.C.A., the
Two points for a win, one for a draw.
...104 Ruts and the Royal Engineers equally
share the hours for tite promier position
| while the KA,M.C. remain second with
This match ended in a win for the Polica two points, having been defented by the
afternoon the annual besar in cousection the news of their discovery to the Viceroy with the French Convent. A splended-col- and the latter at once sont twe Commis lection of articles was on view, and during sioners to make further earch and to bring the afternoon His Excellency Sir Frederick the weapons down to Canton. Farther, by 199 to 76. Inspecter Kerr, who has Y.M.C.A. The B.C.A. in. their fest Lugard paid a visit to the Hall. The follow. special officers have been deputed to just returned to the Colony, played a very League match gained two points, thus being
discover what may be known of the history good game for the Pollee.
ing ladies kindly gavo reload assistanco
Mrs Gresson, Mrs Pollock, Madame Marty, Mra Wait, Madame Volpicelli, Miss Lyon, Mra Lammiert, Mrs Tomkins, Mre-Hath,
of the three boxes, whilst the highing allowed siteen days to find out something Tatoi and his subordinates have boon
satisfactory about the matter, if they fail it is threatened that they will suffer for Meanwhile it is their incompetency.
Kirs Bolles, Mrs Osborne, Mrs Birt, Miss significant that the boxes wore passed Beattie, Mrs Mackay. Mrs Gok, Mrs Seth, through two lakin anations before being Mrs Grimble, Misses Rodger, Miss Lam discovered
mert, Madame Bribosis, Mrs Van Houten,
Mca May, Mrs Hancoal, Mrs Berindoague, A RELIABLE REMEDY FOR OROUP.
Mrs Chamior, Mrs Bailey, Mrs Tweedie, WITH the dry, cold weather of the ently winter monthe, parents. of Miss Hooper, Mrs Loffe, Mrs Steadman, ereury children should be on the alert for Mrs Allen, Mrs Walker, Ato Tait, ominous symptome," There fa no cause for Miss Picard, Mrs Ede, Mrs Becker, anxiety when Chamberlain's Cough Bemedy Misses Seth, Mrs Coppin, Misa Shaw is kept in the house. If this medicine s Misi Tail Mrs GröneTM Misa Lord, given 88 2900 as the child became hourse, Mrs Varnon, Mass Layton, Misa Potts, or even siter tãe ercony eough his appese Mra Siado, Mrs Finah, Mas Peter, Mrs | ed, the attack may be warded - off!: For Cochrane, Mrs Fremantle, Mrs Bosseyle by all chemieta and aborekeepers
equal with the R. A. M. C. baving obtained
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for working an Iron, Wood or Rock.
KITSON
The · · Albany Rotary Pump. W. B. HAIGH & CO., LTD., Saw Mill-Machinery.
DUGGAN, NEEL & MCCOLM, LA Printer Oils, Variales, &..
·and.
Various other Manufacturers,
LIGHT
Brilliant, Safe and Cheap Illuminant by Kerosene Oil
DODWELL & CO., LTD., Sole Agents.
OREGON PINE
No. 2 Company, HKV.C, The following are the stores for the 2nd monthly shoot which took place at Thi Hang Range on Sunday.
Nett. Hand. TI,
B4 Gac, A. M. Marshall... 77 1989 N
78 888 86 20 86 Bomb. F. E. Wilkins... 78 10 Gun. D. Tollas ...
C. S. M. Glor
G. G. Catahiek
Corp. I. Look
Glover.... Liant Andrewman Sergt. A. Chapman Bombe, M. Manuk Bergt. A. E. Crapnell Oorpi. H. C. Sayes
FB. Crawford Sergt. E. M. Hayward. Gun A. R. Ellis is SAGEW. JA Lewington 128Byeon wingere,
.78
23
83
5
LUMBER.
LARGE STOCK OF ALL SIZES ON HAND.
JOHN & ROBERT HARVEY & CO., LIMITED.
ESTABLISHED 1770.
THE Undersigned love bass or at bove Company in Hongkong and
Chips the
WHISKIES
Harvey's 'Special $14 Po
Hongkong, Ofteber 1, 1908,
DODWEL