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January 16, 1904.j
Wednesday, 13th Janudry.
IN SUMMARY JUHI DICTION,
BEFORE HIS HONOUR A. G. WISE
(PUISNE JUDGE).
£
CHINA OVERLAND TRADÉ REPORT.
NEW SOLICITORS ADMITTED TO THE BAR,
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to proper security being given to the other and all sorts of iniquity could be done satisfaction of the Registrar - and ・・ also | between them, sauctioned the appointment by the official The Debtor in reply to further questions liquidator of a solicitor to assist him. He added stated that when he started he was doing pretty that in future cases of this kind he would well. When he opened the second shop people rather have a report by the liquidator before who owed him money would not pay him what Tong Lan On, trader. 22, Sai Yuen Street, him, as it might turn out that a company was they owed. He opened these shops three or claimed from Wan In Nam, tradar, master of ¦ not insolvent after all.
four years ago, the Kwong Yik first-that was the Kwan Wo Tang firm, 53, Aberdeen
about the beginning of 1900—and the second Village, the sum of $175.67, being monies
one last Chinese New Year. At that tims deposited by the plaintiff with the defendant
he was solvent. The way in which he as to $100 on wo separate deposit receipts
lost over $40,000 in this last year was of 850 each written in the Chinese language
on account of sums owing to him abroad and dated 5th August, 1902, and as to $75.67
in Japan and Australia; he sent rice on a deposit receipt written in the Chinese
and bad not got the remittances for it. language and dated 4th December, 192. Mr. J. Hays, of Messrs Johnson, Stokes and Master solicitors, appeared for the plaintiff, and Mr. E. A. Bunder, of Messrs, Dennys and Bwley, solicitors, for the defendant.
Mr. Bonner asked for, an adjournment to permit of some partnership accounts being translated.
Mr. Hays said his instructions were that the claim had nothing to do with partnership accounts. His only reason for objecting to an adjournment. was simply that the defendant might disappear.
His Lordship-1 thought he had gone long ago.
Mr. Bonner I understan | he is still here. His Lordship -I do not know your def noe,
At the Supreme Court yesterday-His Hon- our Sir William M. Goodman, Chief Justice, presiding-three new solicitors were admitted to practice at the Bar of Hongkong.
Hon. H. E, Pollock K.C., mov d that Mr. Otto Kong Sing be admitted and enrolled to practise. The application was supported by affidavits which showed that Mr. Otto Kong [ Sing was admitted to practise in September of last year in the Supreme Court of Adjudicature in England. There was also the usual affidavit of identity, which had been filed by Mr/ Fung Wa Chun. There were also before his Lordship the certificate of his admission to practise as a solicitor in England and of the Incorporated Law Society.
His Lrdship said he had read the papers in this case and they appeared to be in order. He had much pleasure in admitting Mr. Otto Kong Sing, and directed accordingly.
Mr. E. H. Sharp, K.C., introduced Mr. Dudley Vau han Stevenson, and moved that ho be admitted to practise 88
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His Lordship-Have you got friends out there? I suppose you send out goods to them and do not get paid, go into bankruptcy, and then go out there and get a nice little fortune out of it?
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The Debtor replied that there was nothing of that kind in his case. He believed about 40 per cent. of his assets were recoverable in.llong- kong.
His Lordship granted a receiving order, and · appointed Mr. Bruce Shepherd official receiver,
ABSCONDING DEBTORN.
In the matter of Li Tean Lap and another, ex parte the Sam Choy Brick, Tîle and Timber Co., Ld.,
but I have a little knowledge of Wan'Iu Nam.solici or of that Court. The affidavits'pplication for a receiving order. The oredi- I hope he does not run up against my know-filed showed that he was admitted a solicitor ledge.
Mr. Bonner added that thi money was money advanced to complete the plaintiff's share in a partnership account.
Bis Lordship granted an adjournment, and said he would consider the question of security being lodged on application being made to him -in-Chambers.
The Court afterwards adjourned.
Thursday, 14th January.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
AN UNFORTUNATE STEAMSHIP COMPANY,
In the matter of the Wo On Steamship Co. and in the matter of the Companies Ordinances,
1865 to 1889.
Mr. M. W. Slade, barris ́er-at-law (instructed by Mr. H. W. Looker, of Messrs. Deacon Looker and Deacon, solicitors), appeared in support of an application for a winding-u order.
f the Court of Adjudicature in England in July 1902. Te had been previously articled for five years in London, and he had just arrived in the Colony to join the firm of Messrs. Deacon, Looker and Deacon. It was proposed to file one other affidavit, if his | Lordship would consent, as to the identity of Mr. Stevenson's signature with that appearing ou the a reement under which he had come out to Hongkong.
His Lordship thought it desirable that thi further affidavit should be filed. If there was an affidavit pointing out that Mr: Stevenson's signature was the same as that appearing on his agreement that would be sufficient. He had much pleasure in admitting him.
Mr. Sharp, K.C., also moved the admission of Mr. Arthur Conrad Holburow, who, he said, had been admitted to practise, as a solicitor in the Supreme Court of Adjudicature at home last November. He had previously heen articled for five years in the country and at Messrs. Hepworth & Co. in I ondon. He also had only recently arrived in the Colony to join Messrs. Deacon, Looker & Deacon. It was proposed to file a further affidavit as in the case of Mr. Stevenson.
The petition sent in by the Company, he said, showed that owing to bad trade the Company was insolvent It had assets but His Lordship said he had much pleasure in was not quite able to pay its liabilities, and admitting Mr. Holborow. With regard to really the only possible course to adopt in order the three gentlemen who had been admitted to avoid incurring further liabilities was to cease that day he felt confident, having regard to the trading and wind up the (ompany. There were about $45,000 of liabilities and about $31,000 of assets.
His Lordship said he saw that there had beeu a provisional liquidator appointed; had he made *any_report ?
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Mr. Slade replied that he had not. He was appointed to secure the assets. It quite a recent appointment. e was appointed until the hearing of the petition or further order. He would ask his Lordship to continue this itis Lordship said he noticed the liquidator had given security to the extent of $30,000. It would have to be looked into whether that extended to his further appointment or not. No one appeare i to oppose the petition?
Mr. Blad -No
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His Lordship -As regards the contributors, they arefall fully paid-up shares ?
Mr. Blade-Yes.
papers he had read showing their antecedents, that they would worthily maintain the reputa- tion and dignity of the profession of which they were members. He wished them success in their practice.
IN BANKRUPTCY.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
Chan Yik Cho, alias Chang Fang, carrying on Lusiness at 237, Des Voeux Road West under the styles of the Kwong Yik and the Kwong Cheong, applied for a receiving order. In the application it was stated that the assets amounted to $25,553.37 and the liabilities to $53,096.06. Of the asse's about 40 per cent. were not bad debts, and the remainder doubtful. Mr. F. X. d'Almada e Castro, solicitor, appear- ed for the debtor.
The debtor on being called up said in reply to questions that he first of all had one shop; then be found be could carry on another one, so he opened a second.
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His Lordship went on to remark that this Company appeared to have been incorporated His Lordship said he would like to know in April, 19012, and wanted to work passenger what the debtor wanted with two shops; why traffic between Hongkong and certain parts of did he trade under two different firms? the West River, at any rate to carry on business as ferrymen, wharfingers, carriers and .steamboat-owners. In less than a year's time they got into difficulties and they said the business was going on at a daily loss. In these Coiroumstance he thought it was right that a winding-up order should be made. His Lord- ship made an order accordingly and appointed i His Lordship do not like these two Mr. A. R. Lowe to be official liquidator subject different shops, One can draw bills on the
His Lordship-You speculated in rice and lost your money; is tho it?
The Debtor-Yes.
Mr. J. Hays, of Messrs. Johnson, Stokes & Master, solicitors, appeared in support of an
tors, he said, had supplied the debtors from time to time with materials, bricks, etc., for the purposes of their contractor's business; and in July of last year there was a considerable balance due from the firm to the creditors. They began a suit for the recovery of this balance, against these two debtors, but ou t'e writ being served they disappeared, and so far as he was aware nothing could be heard of them since. The chief money so far as the creditors were aware that could be counted as assets was 8 sum of $2,000 odd due to the Shing Kee firm under a contract for the build- ing of a house for Mr. Murray Bain. He contracted with a certain firm for this work and they transferred their contract by means of a sub-contract to the Shing Kee firm. The Shing Kee was composed of several partoers, but the two debtors were the only ones that were known to the accountant of the business, and they really did all the work. It was a peculiar case in this way, that the money owing frou Mr. Murray Bain: had already been attached, but Mr. Murray Bain did not know to whom to pay it.
His Lordship pointed out that in an action against these absconding debtors it had been decided already that this money did not belong to them. Referring to the absconding of these men he said he could not alter the geographi- cal position of Canton, but he believed it would be good for the commercial integrity of Hongkong if Canton were 1,000 miles away instead of only the distance of a $1 fare. As he was not satisfied that there were any assets in this case he declined to make an order.
During the hearing, Mr. O. D. Thomson watched the case on behalf of Chau. Tak and Pang Lam, who claimed the money as due from the Kin Hop Lang firm, who made the contract with Mr. Murray Bain.
The Court afterwards adjourned.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISH (PUISNE JUDGĖ.)
CLAIM BY A. ROSS AND CO. Messrs. A. Ross & Co, 4, Des Voeux Road Central, sued the Ching Hop firm, Wing Lok - Street, for $708.11, being loss on resale of wire rigging of which the defendants refused de- livery. Mr. E. A. Bonner, of Messrs. Dennys and Bowley solicitors, appeared for the plaintiffs, and Mr. Hastings, solicitors, for the defendants,
Mr. Bonner in opening the care said the olsim was for dam ges in respect of a breach of contract for the sale of some wire rigging. The contract was dated 18th December, 1902, and was for 50 tons of old wire rigging, of fair quality, not too much worn or rusted and of good quality is possible, the gods to arrive by January or February shipments. They arrived
as