$2
Mr. Hastings asked whether it was any use m king a farther adj urnment?
His Lordship replied that he did not think it was. He was perfectly certain himself about the matter, subject to anything Mr. Bouner had to argue or Mr. Thomson should have said. He accordingly gave judgment for the defendants and costs, because he was of opinion that plaintiffs, did not carry out their contract
t
hey should have delivered 50 tons within a certain time, whereas they offered only 20 tona. Even supposing the defendants had taken deli- very of these 20 tons they could repudiate the whole contract if the whole 50 tons did not come within the proper time.
The Court adjourned.
Thursday, 28th January.
IN ORIGINAL. JURISDICTION.
THE HONGKONG WEEKLÝ PRESS AND petitioner was Mr. E. J. Mitchell, local mana ger of the Company. Service had been made by advertisement and by posting on the Court- house door, as his Lordship had directed
His Lordship said it was advertised in the Daily Telegraph because he had been ad. rertising freely in that paper, and his Lord-Hip thought it most likely he would see that paper. Mr. F. J. Mitchell gave evidence that the debtor owed his Company over 8330 for goods delivered and money paid on his account. / His Lordship-What are the assets ? Mr. Beavis About $5,000, and they are in Court.
His Lordship made a receiving oder and appointed Mr. Bruce Shepherd Oficial Re-
ceiver.
ABSCONDING DEBTORS.
In the matter of Li Tsau Lap an another, ex parte the Sam Choy Brick, Tile ad Timber Co., Ld., Mr. J. Hays, of Messrs. Johnson,
BEFORE HIS H. NOUR SIE WILLIAM M. Stokes & Master, solicitors, appeared a support
GOODMAN (CHIFF JUSTICE).
of an adjourned application for, receiving
J. LLEWELLYN AND O., SHANGHAI, Hon. H. E. Pollock. K.C., barrister-at-luw (instructed by Mr. D. Piper, of Messrs. John 800, Stokes and Master, solicitors), appeared in support of a petition for the reduction of the capital of J. Llewellyn & Co., Limited and Reduced, Shanghai. This petition, he said, was made under Section 11 of Ordinance 1 of 1877. He asked his Lordship to confirm the reduction of capital which had been passed by special resolution of the Company. From the affidavits his Lordship would see that a certain amount of capital had been lost or was unrepre- sented by available assets, and the special re- solution which was passed by the Company was that the capital be reduced from $120.000 divided into 1,200 shares of $100 each to $72.00 divided in 1,200 shares of $60 each, and that such redne. tion be effected by cancelling capital which had been lost or was unrepresented by available assets by reducing the nominal amount of the shares in the Company's capital from $100 to $60. The advertisements directed by his Lordship to be made had been duly made in
the public newspapers. With regard to the
creditors, the only creditor of the Company apart from the ordinary outgoings for the working of the Company was the Chartered Bank of India, Australia, aud China, and there was on record an affidavit by the manager of the Bauk in Shanghai to the effect that he bad no objection to this proposed reduction of capital..
His Lordship made an order confirming the resolution.
IN BANKRUPTCY.
BEFORE HIS HONOUR SIE WILLIAM GOODMAN (CHIEF JUSTICE).
AN INSUFFICIENT ESTATE.
In the matter of Fung Ting, deceased, ex parte Leung Tsat Tai, Mr. H. K. Holmes, solicitor, appeared in support of an applicati ›n for a receiving order.
order.
".
The creditors had supplied the debtors from time to time with materials, bricks, tc.. fo the purposes of their contractors' busines; and in was a considrable July of last year there balance due from the firm to the oreitors
J
They began a suit for the rec ry this balance, agains these two debtors. but a the writ being served they disappeared, and rthing could be heard of them since. The chiefooney that could be counted as assets was sum of $2,00 odd due to the Shing Kee firm ider a contract for the building of a houser Mr. Murray Bain. He contracted with aertain firm for this work, and they transfer their contract by means of a sub-contract to t18hing Kee firm. The Shing Kee was comsed of several partners, but the two debtors are the only ones that were known to the acantant of the business, and they really did all work. The money owing from Mr. Murray in had already been attached, but Mr. Mury Bain did not know to whom to pay it.At the previous hearing two weeks before hisordship pointed out that in an action agat these absconding debtors it had been decid elready that this money did not belong to the was not satisfied that there were assets in this case he declined on that occasioto make an order.
As he
His Lordship, after again hearingr. Hays, granted an interim receiving order.
K. A. COLLINS'S BANKRUP". In the matter of Robert Aloys Collins, ex parte the debtor, debtor appear or public examination in bankruptcy.
Mr. Bruce Shepherd, Official Ree, stated that Mr. Collins had made an arranent with his creditors to pay them in fulat it wa necessary first to hold the public etination,
Debtor stated in evidence that was an
electrical engineer. He had ced on the "Dragon" cycle busi ess, startinith a capi- tal of about $2,000. Threyears ago He got he began to get into difficul into debt through falling ange and bad debts. He borrowed me in June, 1903-$500 and $432. The mo was for the carrying out of electrical contraand he spent the money in buying chemicals other mer- chandise. He owed $236.60 for ir; this wa more commission than anythinge. All his creditors were wanting to be paid here were 13 creditors. The liabilities w$1,965, and his assets consisted of $500t he had already paid; and be proposed pay $50 a F Dragon" perty except his earnings. oycle business was so d.
Mr. Bruce Shepherd said thɗitors were They willing to accept this arrangat, would be paid in instalments per cent. each instalment.
(January 30, 1904.
trading as the Hop Sing Kung Tss, for $965.97, being balance due for work and labour done and materials supplied in respect of the buildings on Marine Lot 185. Mr. E. Grist of Mėgsta. Wilkinson & Grist, solicitors, was for the plain- tiffs, and Mr. R. Harding, of Mesers. Ewens & Harston, solicitors, for the defendant. The case was last heard on 12th inst.
His Lordship after hearing further evidence gave judgment for the plaintiffs for $100 and
costs.
THE MEDICAL MISSIONARY SOCIETY'S HOSPITAL.
The sixty-fifth annual meeting of this society was held at Cantonin the College Amphitheatre, adjoining the Hospital, on January 20th, 1904.
There were present:-Rev. E, Z. Simmons, D.D., senior, Vice-President, in the chair: Hon. Kobert M. McWade, United States Consul-General; Mr. E. Wyon, Mr. P. T. Allen Mr. Rankin Leslie, Dr. W. D. Shelby. Mr. J. N. Anderson, Revs. C. A. Nelson, S. G. Tope, H. E. Anderson, R. E, Chambers, W. D. Noyes, H. V. Noyes, D. D., H. Keall. E. Dewstoe, A. J. Fisher, J. J. Boggs W. W. Clayson, H. J. VonQuallin. Paul J. Todd, M.D., Dr. So To Ming, Dr, Nye Sik Pang, and J. M. i wan, M.D.
Mr. Allen, Mr. Leslie, Dr. Shelby, and Mr. Anderson were asked to sit as correspond- ing members.
he Financial reports of the Hospital were submitted and approved. The following is an abstract.
A
Receipts, $13,216.10; expenditure, $13,142.36, balance in hand, $23.64.
The secretary, in presenting the annual Report, said that the work of the Hospital had been carried on uninterruptedly during the past year, and showed good progress and good results. larger attendance and a greater number of major operations marked the year's work, The installation of a new water-supply and the erection of the new College building increased the work and responsibility of the physicians, whose time is well filled with the increasing de. mand for their services. A hospital store-room has
been established and furnished with all medical
requisites, which are only issued on orders sign- ed by one of the physicians, this system having considerably curtailed the expenditure since its initiation. The new medical college has been completed and is one of the marks of Canton, the iuilding being in every wa well adapted for the use for which it is required. The College prospectus recently issued gives all details of this department. For the establishment of this college $17,000. from local sources alone, were subscribed, and the thanks of the committee is tendered the subscribers,
The evangelistic work continues as briskly as ever, and finds ready helpers among those who have been patients in the Hospital.
It is noted that this year completes a half. century of continuous management of the work by physicians supplied by the American Board of Foreign Missions. 700,000 patients have been treated, and in the past five years alone 10,671 operations have been performed. About 24,000 out, and 2,000 in-patients are now treated annually. Begining in 1835, the American Board of Commissioners of Foreign Vissions and later the London Missionary Society Jendered noble service through their physi- cians, in establishing the Medical Missionary Society's work, the effect and extent of which has been felt throughout this Empire. All
storm and sunshine, stood true to the purposes of this the first and oldest organisation of its kind in modern times. The relation and ser- vices of the American Presbyterian Board have been fittingly referred to in a recently publish-
After hearing Mr. Holmes, His Lordship said he thought the petitioning creditor was entitled to an order. The appli- cation was made under Section 81, Sub-section 1 of the Bankruptcy Ordinance 20 cf 1891, by a creditor who showed that the estate of the deceased was insufficient for pay. ment of the debts, and accordingly presented a petition for administration of the esta e of the deceased person; the Court, if satis-month out of his contracts, Hd no pre-honour be to those who through peace and war,
fied that the estate was insufficient, should make an order accordingly. The amount which had been filed showed him that the estate was insufficient for the payment of the debts, and came permission was given when this case before him last time to serve either some person who had taken out letters of administration or the Official Receiver; that had been cured by service upon the Official Receiver. He made an order accordingly, Mr. Bruce Shepherd to be Official Receiver, and directed the costs of this application to come out of the estate.
LE MUNYON'S BANKRUPTCY. In the matter of C. E. le Munyoo, ex parte the New York Export and Import Company, Mr. C. E. Beavis, of Messrs. Wilkinson and Grist, solicitors, appeared in support of an application for a receiving order. He said the
The debtor added that he in3d to settle up as quickly as possible
The examination was closed, The Court adjourned.
IN SUMMARY JURISION. BEFORE HIS HONOUR A. GJE (PUISNE
JUDGR).
CLAIM BY CONTRAS.
The Yow Lee firm, contrs, 28 High Street, sued Tsoi Tsung, 38teen's Road,
ed "rticle.
The report of the Managing Committee was submitted by its secretary, the Rev. S. G. Tope, who said that the Hospital had had a prosperous year. The buildings are periodically inspected, and found clean and in a good state of repair, and no large expenditure is anticipated for their up-keep in the current year. A house adjoining the east side of the Hospital was offered at an unusually low figure, and as more spice was needed for the growing work, the house was Improve- purchased, and is being utilised. ments in the sanitary conditions have helped