December 9, 1899.]
ted by his learned friend, and there did not
in these interpretation olauses anything show that the rent must be received from the occupier of the premises : and he would submit their Lordships that even if the words
Any house owner or
wner or" had not been inserted the Land Investment Company 'were the
CHINA OVERLAND TRADE REPORT.
IN BANKRUPTOY „JURISDICTION.
BEFORE HIS Hon. W. Mâigh GOODMAN (ACTING CHIFF: JUSTICE.)
*BZ: FJØLA PEREIBA,
Mr. Grist applied on behalf of the debtor for
ons who were in receipt of the rent of the the rescinding of a receiving' order. • He asked / and it remains for us to do ours. We know
premises within the meaning of the inter- pretation clause of Ordinance 24 of 1887 ould submit that these words "house
He owner or"! must have been inserted for a
special object and that in ordinary parlance the person who simply held a short sub-lease could not be described as, the owner. In conclusion
he submitted that the Land Investment Com pany were the owners in the ordinary sense of the term, and therefore that the decision of the Magistrate should be upheld.
The-Acting Chief Justice-We will give written judgment.
30th November.
the court to give judgment for the amount of the claim proved, and pointed out that the applion
tion was made with the consent of the bankrupt All the oreditors had received notice, and had consented and signed for the discharge of the
debtor.
The Official Receiver (Mr. Bruce Shepherd) supported the application, and suggested that debtor be asked formally to consent to judg
ment.
Debtor did this.
Accordingly an order rescinding the receiving order was made, and the Official Receiver was asked to enter judgment for $1,473′6—the as- sessed amount,-payments to be made at the rate of $40 per month.
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fund be sent as a contribution from Hongkong to the Patriotic Fand, for distribution by them. | I think it is hardly necessary; for me,
say much on the subject we are assembled to consider.......... You know, we are engaged in struggle... that
our soldiers have gone to, the frort, that they are doing their duty manfully, that when the flat had gone forth and when it was decided that England; that the Empire, had to enter upon this struggle, from every part of the Empire, from the Far East and from the Far West, from the North and from the Sonth, the British people came forward to the Imperial Government. * (Applause). Hongkong has not been behind in that offer, manfully and offered their assistance
and although the number of men offered by Hongkong was small it bore as large a propor. offered by any other colony in the British em- tion to our available Volunteer force as that pire. (Applause.) While it was not necessary to accept that offer there is another way In which we can do our duty, We can show to our soldiers who are fighting so bravely in the Transvaal and in South Africa, that not alone is the sword ready to leap from the scabbard in every part of our great empire when neces- sary, but that the hearts of the people have gone out to our soldiers, that they beat in sympathy with them, and that not alone do they beat in sympathy but we are also ready to give that assistance that they have On the invitation of His Excellency the Gov- and assistance to those dear ones whom they a right to expect, to give that heartfelt sympathy ernor (Sir Henry Blake, G.C.M.G.). a meet-have left behind them. (Applause.) We feel Mr. Grist (Mesars Wilkinson and Grist) ing was held no Monday at noon in the Chamber appeared for plaintiff and Mr. Brutton of Commerce Room at the City Hall "to con- sider means for the collection and transmission (Mesas Mounssy and Brutton) for defendant. *Mr. Grist said defendant was formerly in
of subscriptions in aid of the Patriotic Fund, the employ of plaintiff. Some time before July for the widows and orphans of our sailors and 29th, 1898, through default of defendant plain soldiers who bave given their lives for their tiff lost $822.88, On the date named a state-country in the Transvaal War, and on behalf ment of accounts was made between plaintiff and defendants showing that amount due. That statement had of course been slight. ly altered since that time, plaintiff having deducted so much from defendant's salary while he remained in his employ. The accounts on the 29th July last year showed $822-82 for loss and $150 for money lent.
IN SUMMARY JURISDICTION. Beroge His Honour A. G. WISH (PUISNE JUDGE).
ULLMAN V. KHAN.
In this case. Mesars. J. Ullmann and Co., watchmakers, jewellers, etc., 74, Queen's Road, sought to recover from R. Khan, who was formerly in their employ, the sum of $904.50, for loss sustained through defendant and money ¿lent.
His Lordship observed that he saw $81.68, That made up the total of plantiff's claim when added to the 8822-82.
**Mr. Grist said he took it that his friend ad- mitted the correctness of the account. On the 29th November he received a letter from ? defendant's solicitor intimating that $81.68 had been paid in. That was equal to admission, it being a letter in respect of the whole claim. It was a pleading, as it were, and was part of the suit. By that he was stopped from setting up a special defence, which he had afterwards sub- mitted, that was, the defence of illegality or want of consideration. He submitted that the account was an account stated between the parties and that it was not compatent for his friend to come forward and set up this defence.
THE TRANSVAAL WAR RELIEF
FUND.
HELP FOR THE WIDOWS AND ORPHANS.
MEETING OF BRITISH SUBJECTS.
of wives and families, not otherwise provided for, of those men who have gone on active sur- vice in South Africa."
ladies,
[
SPEECH BY HIS EXCELLENCY
THE GOVERNOR.
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that it is our duty that when the bitter parting takes place, as it has taken place in so many osses, from those whom they leave behind them, that at least the soldier should feel the assuage- ment of knowing that whether his wife or children are on the strength of the regiment or not the British public will not allow them to feel want. All honour to our sailors and soldiers who are so bravely upholding the honour of our fag in South Africa. We have no fear whateverías The chair was occupied by His Excellency to the ultimate result. We know that the Clovernor, who was supported by H.E. there will be great loss of life, that many Major-General Goscoigne, C.M.G. (Command- brave men have been laid low, like Gen- ing the Troops), the Hon. J. H. Stewart Lock-eral Symens, who was buried in a manner bart, C.M. (Colonial Secretary), the Hon. befitting a soldier, shrouded in the flag W. Meigh Goodman (Acting Chief Justice), of his country. We know that while many and Sir Thomas Jackson. There was a large will sleep their last sleep in: Sonth Africa, attendance and the meeting was most en-
those who remain will always remember when thusiastic throughout. Those present included they come back that at the time of trouble they representatives from the Army and Nary
were not forgotten, and the wives of those who (among these being Rear-Admiral Fitzgerald have fallen will have the feeling that all round and Colonel the O'Gorman) and different sections the world wherever this empire reaches they of the civil commanity including a number of have had the heartfelt sympathy and help of those who are able to assist them. (Applause.) I will not detain you longer on this subject. I am perfectly certain that the people of Heng- His EXCELLENCY the GOVERNOR 8zid→ kong, the British subjects in Hongkong, will be Ladies and gentlemen, we have met bere in ready to come forward, as they always have come pursuance of the notios which appeared in the forward, generously, to support the subscription papers for the purpose, I won't say of inauga! list, and I have no doubt that when the amount rating, batof continuing the fund which has is made up and sent home Hongkong will have already been inaugurated by the opening of the no reason to be ashamed of the evidence she bas Mr. E. Bernheim, a partner in the firm of columus of the China Mail to subscriptions for given of active sympathy with our soldiers who Ullmann and Co., produced an interpretation of the wires and families who are not on the are fighting the battles of our country. (Ap- the account, and from this it appeared that de-strength of the regiments that have gone to the plause.) I am happy to tell you with reference fendant signed a document showing that by a Transvaal. It appeared to some gentlemen to to this subscription which wong propose to open fault in an invoice the firm lost $822.82 on whom I have spoken that it might be well that that Mr. Walton called upon ins to-day and goods shipped to Shanghai.
the British community in Hongkong should asked me to mention that he wished to subscribe have an opportunity of coming together and $200. (Applause.) I suggest for the purpose concerting measures for making a more complete of this meeting, that the meeting should appoint effort to obtain subscriptions for the purpose for a committtee, and it would be for the committee which that subscription list was opened. We go to settle exactly what they will don I have a little further, because we have also asked you gone no further myself than simply acting as to come here for the purpose of subscribing the instrument to call you together. I know to the Patriotic Fund which has been estab- you will arrange yourselves, what is best to be lished, I think, by the Lord Mayor. Well, done. I wish now to congratulate the editor of we were not certain whether the Patriotic Fund the Chino Mail upon the early move he made in covered the whole ground, so by the courtesy this matter in opening his columus for the sube of the Eastern Telegraph Company I was en-criptions. (Applause.) Mr. dtewart Lockhart, abled to ask from London the scope of the am sure, will have great pleasure in moting as Patriotic Fund. This is the answer :-" Fuad | Secretary for this fond. (Mr.: Lockharto no. embraces widows, orphans, and other dependents quiesced.) Thank you, Mr. Stewart Lookhart. of officers and men. For sick and wounded And I dare say the community will feel every while under treatment. For soldiers and sail-condence that in his hands th 5 secretarial work ors disabled by wounds. For benefit after, of this business will be properly carried out, * His Lordship said that as the case stood they leaving service. For wives and children left (Applause.) I will now suggest that were bound by the document unless they could behind, and those not on the strength (Ap- gentleman should propose the other
behind it. If he had taken. Mr. Bratton by plause.) Therefore, the Patriotic Fund; as The number is for you to settle. I would sug- go surprise and prevented him from going on distributed in London would cover the whole gest that the meeting now proceed to with the case as he had intended he would ad-ground and I suggest that any subscriptions we Committe) to carry out the 4 objec journ it
may give to-day and that our fellow British sub- which we are assembled to:dayst( ject may give hereafter-itmay be well thatsach
ving said so-minoli:
Mr. Bratton said this was a sort of smuggling game which had been going on for some time, and plaintiffs were trying to make his client re- sponsible for losses sustained while endeavour- ing to smuggle.
Mr Grist said that this was not so. · Defend. ant himself deliberately telegraphed to Shang. 'hai to try and give away his employers. In fact he did give them away and he received a com. mission from the Customs for it. He did not want to go into this dirty linen question,
His Lordship-I think it is better this dirty linen question should not be gone into, *In answer to his Lordship, Mr. Bratton said his client could not deny that he had signed the doonment, adding, " He would not admit it...
~The nasa was adjourned until Monday next.
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