Décémber 5, 1903.]
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Court; and the Court had no“; jurisdiction outside of that conf-rred upon it by statute. After the moment that ten days elapse when the appellant had not filed a motion for ra-hearing their right of appeal was gone, and the Court, by amending the form of motion six weeks or two months later, could not give him back the right because, unless they applied within ten days, the right was gone, and could not, be, resuscitated and brought to life. Baronuddlestone, in dealing with the point, said that in a criminal matter of appeal everything had to be performed even to the last condition. In the present case the right to appeal had gone, and he regretted he was forced to take the objection. He was bound to do so, however; he was bound to bring within the knowledge of the Court the fact that it had no-jucisdiction, and the Court should not be
pre- pared to act without jurisdiction. At one time Le Fas very doubtful as to whether he should take the objection ; but they were not concerned with the merits of the case. The question was purely a fechnical point, and be submitted the Court must uphold its procedure. It could not blow hot and then blow cold.
DE
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CHINA OVERLAND TRADE REPORT.
The appeal was dismissed with costs. The Court adjourned.
Thursday, 3rd December. -
IN BANKRUPTCY. BEFORE HIS HONOUR SIR WILLIAM M. Goodman (CHIEF JUSTICE).
AN ABSCONDING DEBTOR.
of a petition by Hop Wo Chan for adjudication Mr. E. J. Grist, solicitor, appeared in support
on the estate of the Chy Loong firm. He stated that be also appeared for the Official Receiver (Mr. Bruce Shepherd).
His Lordship-There has been no public ex- amination; how is that P
Mr. Grist said he had filed an affidavit that morning to the effect that they had been searching for the debtor, who apparently had absconded. The reason for bringing the matter on so quickly was that the assets were very small, and, as the bailiff was in possession, the assets were being run away with.
His Lordship-Where is the effidavit you are speaking of ?
Mr. Grist-I understand it was filed this
The Registrar (Mr. §. Seth)-I have not seen any affidavit.
Mr. Grist said there was an affidavit in
support of the application made by himself, to the effect that a meeting was held at the Land Office on the 27th November at which it was resolved that the debtor be adjudged bankrupt, that the Court be asked to adjudicate on the estate. ad that Mr. Bruss Shepherd be appoint ed rec iver. This application was made under section 19.
Mr. Slade said that the case quoted by the Attorney-General did not in any way turn upon the question before the Court, and only decid-morning. ed that if an appellaut did not enter into his recognisances within the time limit his power of appeal was gone. He submitted that they had power to amend, and that, in substance, the notice of motion asked for leave to appeal was unnecessary and should be struck out of the application. Then the motion contained in the application for a re-hearing had been served in due time, and if amended was good service, The Chief Justice said the objection taken by the Attorney General was valid and must, be upheld. Any person wishing to appeal from a decision must look for some statute giving him the power of doing so, and closely follow the terms of the stature and see that every condi- tion precedent to the appeal was strictly and properly complied with. A ¡erson who had ob- tained a decision, whether it was the Crown on the en1ject, in the Court below, had a perfect right to benefit by the application of that decision auless it was reversed on appeal, and the Appeal Court could not reverse that decision unless all the preliminary requirements were complied with. It was more than fifteen months since the question c.me before the Court in almost the same terms-as to whe ber a wotion was'filed asking for leave to app al by way of re-hearing on questions of fact and law, If they amended the motion paper before them they would be allowing a motion paper already held to be inaconrate and wrong to be just as good for practical purposes as an accurate motion paper, and when once they began admitting anch irregularities they would be getting themselves into great difficulties because they would be told that in such and such cases certain glaring errors were made and the Court allowed certain amendments to
mind was that section 15 provided that as soon His Lordship remarked that what was in his
as may be after the making of a receiving order against a debtor a general meeting of the creditors should be held. Section 17 said that as soon as may be after the time for filing the statement of affairs the Court should hold a public sitting for the examination of the debtor and the debtor should attend and be examined, He quite understood that in this case that could not be done as the debtor had absconded. But he wanted to have some reason shown why a public examination had not been held.
Mr. Grist-I understood that the affidavit had been filed.
The Registrar-It has not been filed. Mr. Grist-Perhaps your Lordship will make an order subject to the affidavit being filed?
His Lordship made a receiving order accord- ingly.
In reply to bis Lordship,
Mr. Bruce Shepherd said he had no objection to that course being taken; he had made en- quiries himself, and these people were not to be found anywhere,
NO PUBLIC EXAMINATION,
Mr. Grist also appeared in support of a peti- be made that was, assuming the Court had tion, ex parte the debtor, for adjudication on the power. He did not propose to give any also-estate of Pan Wo Inte decision on the question as to whether
Mr. Collins-Yes; it is protection that I am seeking.
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Mr. Thomson-You have had · judgment given against you ?
Mr. Collins-No; but I«understand there is a case pending.
His Lordship said he could not see hiseway. to make an order: unless he unwɑsubstantial assets lodged.
ass poored
Mr. Thomson undérföók? that 8500; msnotà would be paid to the Omelal Receiver, and on that understanding his Lordship made wreceiv ing order, to take effect affor the payment of the money.
The Court adjourned
HONGKONG.
On the 1st inst.. being the birthday of Gusend Alexandra, the warships in harbour were all- dressed and a malate was fired at noon, a
The appointment of MricE. DAC: Wolfe ma Assistant superintendent of Police and magisi trate in the New Territory is notified in the Gazette.
The health return for the week ending the 28th November shows that there was only one instance of communicable disease in Hongkong, that being a case of smallpox in the Chinese district.
The many friends of the Rev. R. F. Cobbold, formerly onsplain of 8. John's Cathedral, will be glad to Lear that be tras been appolated for Beachamplon Rectory, Buckinghamsirire, the patrons of which are Unius Colleg” Cambridge, i
Commodore Dioken; who sucosedá Commodore
Robinson in his post here, will leave" England, accompanied by Mrs. Dioken; by the P^&0. mail in Christmas week, relieving Commodore Robinson early in February next, when the latter's term of office expires.
Mr. J. Dyer Ball, Chief Interpreter in the Supreme Court, met with a nasty cycling. accident on Saturday. While he was riding along Caine Road a coolie rab into bis bicycle and he was thrown heavily to the ground; sustaining: severe bruises on the face a d'arm- and a shock - to-the-system.
With reference to the Canton Regatta on the 18th and 19th inst, at which we understand both the local rowing clubs are likely to be represented, Challenge Cup has be 'u presented by Mr. T. E. Griffith of Canton for a four. oared race op n to the Canton and Hongkong Rowing Clubs, to be rowed for in Canton. The cup is now ou view at the establishment of Messrs. Falconer & Co.
The mortali y returns for August are published in the Gazette. Being so wueh out- of date, they are of little interest We presume there is some special reason for this more than wonted delay in publication. The returna show a total of 495 deaths, 26 of which were in the European and foreign community' (22) civilians, Army) and the rest Chinese. 29 deaths are due to plague and 17 to malaria. The average death-rate per 1,000 per annum
was 26.2 in the British and foreign- deil còmi- His Lordship Why has he not been examin-munity, 18.8 in the Chinese community; an
18.6 in the whole civil population.
not been time. The object in bringing the case on was that the debtor's goods were in the bands of the Official Receiver and were of very small value, something like $50 or $60. They wanted power to sell the goods as the bailiff was in possession and that
was running away with the estate,
the Court had the power to amend as a Fulled publicly ? Court dealing with an appeal by a special Mr. Grist said it was because there had statate, but he pointed out that there were plenty of cases in England where, if an amend ment had been allowed, the ap, eal would have been heard which the Court, however, absolutely refused to hear. He quoted the cass of the King v. the Justices of Oxfordshire, decided in. 1829, reported in the Barnwell and Creswell's Reports, page 278, and afterwards pointed on that they were not starting techni- cal objections to appeals ecause such objections had always existed. Unless parties complied strictly with the set the Court could not make proper motion papers for them. Therefore, with regret for it was with regret-he must hold the objection as fatal, and the Attorney, General obj-ating the amendment he did not consider the Court should negative it..
The Puispe Judge agreed, and said it seemed to him if they, allowed the amendment to the motion they would be stultifying themselves altogether. Little more than a year ago they held what were the proper and correct terms of a notice of motion. If they wer going to amend that he did not know where they were going to end. If the mistake was one of the first they might consider they had the power toumerd;
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His Lordship made an order subject to an affidavit as to assets being filed.
AN UNFORTUNATE BICYCLE BUSINESS
Robert Aloysius Collins applied for a re- oeiving order and to be adjudged bankrupt,
Mr. 0. D. Thomson, solicitor, who appeared on his behalf, stated that the petitioner's fiabili- ties of $2,000 were incurred in connection with the bioyale business that he formerly carried on He had incurred no debts in his present business. There were old debts which he was not able to wipe off at present. The debtor informed him that he hoped to be able to pay them off in full in the course of a few months
Mr. Collins was called and put in the witness:bor.
His Lordship- suppose the idea of applying for a receiving order is to prevent some action that is being taken against yoil?· -·
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The Reclamation Works at Kowloon are“ proceeding space. Ballast junks are continually employed dumping rock to the eastward of Blackhead's Pier, while ashore the "top" railway train, with its wooden trucks, makes several' journeys daily. : Cooliës are employed removing a portion of Flagstaff 11). The back portion of this, however, is to be left standing. The precipice will probably be. secured against landslips by a retaining wall The slope at the back will make it possible. for the military, if it ever be necessity, ran up guns...to a position commandlog harbour.
On Thursday night, under the auspices of t above olub, another Quadrille Club dance given at the Masonic Hall. The rooms fastefully decorated with tropical abiruba- bunting, and the floor was in Ancellent condi for dancing, which was kept up with spirig'ur the early hours of the morning.nl/wan gether a most enjoyable function, and the Com mittee of the Club are to be con falsted at the success of their efforts. Mr. the President, and Mr. Geog | Hon. Secretary, looked: after:
the guests.