March 4, 1896.]
SUPREME COURT.
26th February.
IN ORIGINAL JURISDICTION.
BEFORE HON. W. M. GOODMAN (ACTING CHIEF JUSTICE).
A FORECLOSURE ORDER.
The Canton Insurance Company, Limited, petitioned for a foreclosure order against Mr. G. 8. Coxon, who has left the colony.
Hon. H. E. Pollock appeared for the peti- tioning Company and said that on the 24th August, 1892, Mr. Coxon borrowed three sums of money. The first sum was $20,000 from the Company, to whom he gave a mortgage. The second sum was $10,000, which he borrowed from another party and gave a mortgage which was subject to the first one, and the second sum was $40,000, for which a mortgage was given, sub- ject to the first and second. The defendant failed to pay the first mentioned sum at the proper time, and an endeavour was made to sell the property, but the highest offer did not reach the reserve figure, $20,000. Defendant did not appear in the action, and the usual degree of foreclosure against his property was applied for.
His Lordship granted the order.
27th February.
IN BANKRUPTCY.
BEFORE HON. W. M. GOODMAN (ACTING
CHIEF JUSTICE.)
ADJOURNED PUBLIC EXAMINATION OF EDWARD FRANK BIRCHAL.
Edward Frank Birchal, formerly trading in Hongkong as Villa, Lopez & Co., debtor, again attended for his public examination, which was adjourned from 6th February.
Mr. J. W. Norton Kyshe sat as Registrar for the first time, and Mr. A. Seth was present as Official Receiver.
Mr. Grist-I appear for the debtor, but of course I cannot take any part in the examina tion under the section.
His Lordship (to the bankrupt)-Since the last meeting I have tried to ascertain how matters stood, and as far as I can understand they stand somewhat to this effect. That you owe debts to the amount of some $16,215.47. and that the assets which you hope to realize are-stock in trade, $700; book debts. $1,893.63; and household furniture, 890. Now that is what you hope to get in. What has actually been realised is $1,500 for stock in trade and furniture, and up to the present, $220.98 for book debts, making $1,720.98 assets, as against $16,000 odd which I observe in the statement of affairs you put down one item as an asset, and on which you expect to realise, goods to the amount of $100 lying in Mr. Lammert's go down. The Official Receiver informs me that Mr. Lammert has claims against that, that he has advanced money from time to time against these goods, and that the advances more than cover the cost of the goods.
you owe.
Bankrupt-The goods were valued at $5,000 and when that statement was made he had not realised them all. He has still some goods unsold. His Lordship-How came you to give him $5,000 worth of goods?
Bankrupt-They were goods that were in the hands of the bank and they wished them to be realised. The money was paid over to the
bank and not to me.
|
CHINA OVERLAND TRADE REPORT.
Bankrupt I still hope that the majority of the items will be realised by the Official Receiver. His Lordship-You honestly think they will be realised?
Bankrupt-I think so.
His Lordship-I was under a little misappre- hension as to your antecedents on the occasion of your last examination. I think I understood that you had gone to Spain and then had come out here on this trading tour without previous experience of the East. What was the first firm you were in in Manila?
Bankrupt-Since I originally came to tho. Pickford & Co., of Manila. East I have been engaged by Messrs. Macleod,
His Lordship-What position did you hold there?
Bankrupt I was cashier and bookkeeper for five years.
His Lordship-When did you leave that firm? Bankrupt In 1877. I lett to join Messrs. Smith, Bell & Co.
that firm?
His Lordship-What was your position in
Bankrupt—I joined them as bookkeeper and later on was manager of the shipping department. I was with them for about five years and then I joined Messrs. Robinson and Segarda, of Manila.
His Lordship--That did not turn out very well. did it ?
Bankrupt No.
189
they are not represented here. The result is that I must take it for what it is worth. I do not think I need continue the examination any longer. But how there should have been such a very heavy loss in such a short time I can- not say.
I shall adjourn the further hearing of this matter till this day week.
Mr. Grist-I suppose your Lordship took notes of the Barcelona firm's letters which they wrote to the Spanish line of steamers and in which they referred to their "firm in Hong- kong."
His Lordship---Yes.
The examination was then adjourned.
HONGKONG SANITARY BOARD.
A meeting of the Sanitary Board was held at the offices on the afternoon of the 27th Feb. Hon. F. A. Cooper (Director of Public Works) presided, and there were also present Hon. Commander W. C. H. Hastings (Acting Captain Superintendent of Police), Dr. Atkin- son (Acting Colonial Surgeon), Dr. F. Clark (Medical Officer of Health), Mr. N. J. Ede, and Mr. H. MacCallum (Secretary).
· MINUTES..
The minutes of the previous meeting were read and confirmed.
HOUSE TO HOUSE VISITATION.
The PRESIDENT-In pursuance of the notice I have given I beg to move-" That the
Is Lordship-How long were you engaged Sanitary Board, under the provisions of by-
in that business f
Bankrupt From 1882 till 1884.
His Lordship-Then what happened? Bankrupt The business was a failure; the capital was lost and the business was liquidated, ILis Lordship What was Four next position?
氰
Bankrupt, in answer, said he went to Europe and managed a branch in Barcelona for Messrs. Mackintosh & Co. In 1893 he came to the East for Messrs. Villa, Lopez & Co.
His Lordship-At your last examination you state the causes of your failure to be heavy expenses in starting the business here, and. secondly, that the Barcelona firm repudiated their connection with you by issuing an express to that effect. You showed me on that occasion also a letter which you said proved that they bad authorised you to open a branch for them in the Philippine Islands.
Bankrupt-Yes, my Lord.
His Lordship-Then I think 1 remarked | to you that that did not authorise you to open a brauch in Hongkong. Then you told me there was a verbal agreemont between you to open a branch here. Then I think you said you wrote to them saying that you had opened à branch here and that they replied approving of it. Now have you a copy of their reply to that letter ?
His Lordship-As regards the possibility of claiming the surplus for the benefit of the cre- ditors, what can you state as their value? Mr. | Lammert says they will not realise $100.
law No. 22, made under Ordinance 15 of 1894, authorise the Medical Officer of Health and his
staff to make a house to house visitation within that portion of the city of Victoria bounded on the north by the Praya, on the south by the Caine and Bonham Roads, on the east by Wyndham Street, and on the. West by the western boundaries of Marine Lot No. 184 and i Inland Lot No. 833, for the purposes stated in the by-law referred to."
Mr. EDE Seconded. Carried.
POLLUTED WELLS.
Six samples of water taken from wells in Jervois Street were reported by the Government Analyst to be so tainted with impurities as to he unfit for potable purposes and likely to prove injurious to health. The wells were ordered to be closed.
UNFINISHED YARDS.
On 30th January an application was received from Messrs. Palmer and Turner for a certi- ficate for fifty houses which had been erected on Kowloon Inland Lots 542 to 54, but as the yards were not finished off with a two inch cement concrete or other material as provided by the by-law, the Sanitary Surveyor refused to grant a certificate. Messrs: Palmer and Turner replied that "uuless there was some other reason for not granting the certificate we shall be obliged by your sending it at once." They added that the houses were designed under specific instructions His Lordship said this letter, which was dated for the Hongkong Regiment as married quar 25th October, 1893, stated that the firm were ters for the privates, and concluded, "If desirous of facilitating trade in their goods in Colonel Faithfull allows the yards to be used for Hongkong. Their connection with the banka wrongful purpose it will be time enough then, rupt, however, added his Lordship, did not. really show that they were partners. i
Bankrupt (banding in a letter)-I would like you to read that first.
His Lordship-I want to know whether you can substantiato by any letter the statement which you made on the last occasion that they were partners.
Bankrupt-I put in accounts then showing that they were.
Bankrupt then handed in another letter which he wrote to Villa, Lopez & Co. adyng them that he had started a branch in Hongkong. This contained a clause to the effect that their share in the Hongkong business would be 40
per
rent.
Ilis Lordship-That, you say, goes to show there was a partnership between you.
Bankrupt-Yes.
Bankrupt said the amount was estimated as Bankrupt handed in another letter from the the balance of the goods, which ho thought was Barcelona firin stating that the Hongkong firm the minimum amount. After the actual sale he had their best wishes for a prosperous mer- could not exactly say whether there would, becantlle carcer. The tone of this letter, said his any balance or not.
Lordship, did not seem as though they were partners in the Hongkong firm.
His Lordship-With regard to the book debts, what prospect is there of getting them in ? $220 has been collected out of $1,893, which leaves a balance of $1,670. What do you estimate as likely to be realised from appli- cations for the remainder ?
we think, for the Sanitary Board to interfere, and he will then have to take the responsibility of doing so." In a minute the Secretary pointed qut that as slops were certain to be thrown into the yards the law must be complied with. He added that Messrs. Palmer and Turner's letter was highly objectionable and bordered on being impertinent. The members' minutes were in favour of the yards being properly concreted before a certificate was granted.
The SECRETARY read a letter which the
Sanitary Surveyor had received from Lieut.- Colonel Faithfull, stating that the yards would not be used for washing purposes.
The PRESIDENT pointed out that, looking at the accommodation provided for washing at the houses, there could be no doubt that slops would be thrown to a very large extent into the yards, and he moved that the Board refuse to grant the certificate until the yards were cemented.
OFFICER OF HEALTH The MEDICAL secouded.
Carried.
j
MORT'LITY STATISTICS. His Lordship-You have nothing stronger than that letter to show that they were partners For the week. 15th February the death rate was 30.8 per 1,000 per annum, as compared except the accounts which you have put in. cannot decide any way whether there was a part-with 31 at the corresponding period of last nership between you and this firm, because year. For the week ended February 22nd the
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