156
Witness-He also forced me to make out a list of goods, but I did not sign it.
In cross-examination-He paid the landlord as the rent collector was not in. The rent
collector called on him on the 8th May, but be told the collector he would pay the landlord. He said this because be had no available money. On the 11th May he told plaintiff he had paid the rent.
His Honour-If you paid the two months' rent on the 8th May, why was the landlord distraining on the 12th.
Witness-I don't know.
His Honour adjourned the case in order that subpoenas might issue for the landlord and rent collector. Meantime judgment in the first
action is to be deferred.
Friday, 1st September.
IN BANKRUPTCY JURISDICTION.
BEFORE SIR F. T PIGGOTT (CHIEF JUSTICE).
A QUESTION OF SECURITY. The case of Wong Sun Po and another exparte Wing Cheon Hoi was the first on the list for hearing.
Mr. F. C. Barlow, who appeared for the debtor, made application that the warrt of committal against Wong Sun Po be not enforce, upon Becurity being given by him for his appearance. He was asking for an order similar to that made in the case of the other debtor.
His Lordship asked if the case had been before him previously.
Mr. Barlow replied that it had not. except
that the warrant for committal bad been made but had not been executed. Debtor had returned to the colony, and he asked for the warrant t› be suspended.
His Lordship asked what Mr. Wakeman had to say on the subject.
Mr. G. O. H. Wakeman, Official Receiver, said that in the present case he should like to see the debtor first. There was a warrant out for his arrest.
His Lordship-You waut the order for the man's arrest suspended.
Mr. Barlow gave an affirmative answer. Mr. Bailey asked where the debtor was at present. He appeared for the Sun Tok On Insurance Company.
Mr. Barlow said he would give his interpre ter instructions to bring him to the court.
Mr. Wakeman having described the case as unsatisfactory, the application stood over till the afternoon.
Later, Mr. Barlow renewed his application and stated that an order had been made against the debtor and his partner.
THE HONGKONG WEEKLY PRESS AND
Mr. Wakeman rejoined that it had been made rather warm for some of them in Cantor and they preferred to come down to Hongkong.
Debtor was called, and on being questioned by his Lordship, said he was too ill to attend his bankruptcy examination. His illness was spitting blood. It incapacitated him from business an I confined him to bed. The more he thought of his trouble the more blood he spat. (Laughter).
His Lordship said he was disposed to accept security.
Mr. Wakeman mentioned that there w.re
large claims against the debtor-the proof of against that firm. the Hongkong Bink being nearly half a million
His Lordship stated that debtor had come there voluntarily.
Mr. Wakeman expressed nubelief in the
man's story.
His Lordship asked if Mr. Wakeman would accept security.
Mr. Wakeman assumed that it would have to be substantial security.
Mr. Barlow said the most his client could find was $3,000 guaranteed by Wong Cheong.
Mr. Wakeman did not consider this sufficient. Mr. Barlow the ught His Lordship's discretion should over-ride the objection of the Official Receiver. It was working a hardship on that man who had received no notice of that process. His Lordship said that meant debtor had surrendered voluntarily.
Mr. Barlow said it meant either that debtor knew before he left Canton or that he came down by accident without knowing those pro- walked into the Court that morning when sent ceedings were being taken against him. He
for.
His Lordship pat the question to Mr. Wakeman if he would take security.
Mr. Wakeman said he would rather leave it with his Lordship.
His Lordship dissented, remarking that Mr. Wakeman was the responsible official.
Mr. Wakeman mentioned $5,090 in cash as security.
His Lordship said the amount of cash was immaterial. It was the security that was the question.
Mr. Wakeman thought this man had wealthy friends.
Mr. Barlow expressed the opinion that the The Court should be satisfied with whatever money should not be dragged out of his friends.
amount would ensure his appearance.
His Lordship stated that they wanted to get substantial security.
Mr. Wakeman thonght $3,000 in cash and $10,000 in bond should be the security.
His Lordship fixed the security at that
!
[September 4, 1905.
RE TAN JOO CHIU EXPARTE THE DEBTOR.
Mr. G. N. Ferrers, who appeared for the debtor, said the case had been once or twice before the Court. At the present stage he applied on behalf of the debtor for leave to withdraw the petition. As his Lordship knew, it was impossible for a petition to be withdrawn without leave of the
court.
His Lordship stated that the question was whether the other creditors indicated, who might ought not to be protected in some way. hare availed themselves of those proceedings,
Mr. Ferre's pointed out that the other creditors were not in the colony, but proceedings had been taken in Swatow and Singapore,
After discussion, Mr. Ferrers said that the Court had to be sat'sfied that the petition was & proper one and that everything had been done openly and above board. There was no reasou why the debtor should not be in a position to rehabilitate himself in trade.
His Lordship remarked that he was obliged to see that the other creditors were protected.
Mr. Ferrers point-d to the fact that they had taken no steps.
Mr. Wakeman said he had no objection. but he did not know about the other creditora not in the colony.
His Lordship sail the petition affected the whole body of creditors who were eatit'ed to protection.
Mr. Ferrers said that the difficulty exercising his Lordship's mind was whether those persons in Swalow and Singapore were prot cted.
His Lordship-And in the colony.
Mr. Wakeman said he was told, but could not
English law and the practice here. prove, that the man owed money in the colony.
Some debate followed as to the practice under
His Lordship Suppose the debtor had creditors in Hongkong?
Mr. Ferrars-Supposing he bas, it is curious they have done nothing during the past month. His Lordship-The matter must be mentioned next week, I must think it over.
Mr. Ferre s added that in Swatow, the British Consul had realised the man's estate and the creditors had received part of the money in settlement
His Lordship -What happens to the creditors there?
Mr. Ferrers-I suppose he does not wish to press the debtor. I suppose he is fully aware
don't think your Lordship would be justified of the proceedings. The Singapore case is very similar. All the proceedings were settled. I
the consent of the creditors. in assuming that that would be done without
The Chief Justice-The fact that the other creditors got judgment does not mean that th-y consented.
Mr. Ferrers-There is every reasonable proba-
His Lordship was informed that the date of amount, adding that the Registrar would have|bility that the cr- ditora in Swatow and Singa-
the petition was 5th April and the date of the warrant. 11th May.
Mr. Wakeman added that the warrant was issued because debtor did not attend for his public examination.
His Lordship asked if the other man, Chun No Pok, appeared.
the
Mr. Wakeman replied that he came up for his public examination, and the date of receiving order in his case was 16th May.
His Lordship said this man really did not absconl.
Mr. Wakeman explained that the man had been in Canton and came down later to say be
had been ill.
His Lordship remarked that the other man had appeared but Wong Sun Po had not appeared
since.
Mr. Wakeman answered that he had not seen the latter until that morning.
Mr. Barlow stated that his client's story was that he had been absent at the time the petition was served. He was ill at Canton and had bad no service.
His Lordship remarkel that the men partners.
Mr. Barlow concurred.
were }
His Lordship added that debtor must bare known all about the failure.
Mr. I arlow did not agree with that state ment and asserted that debtor was unaware of the proceedings until his nephew informed him he had been made bankrupt.
His Lordship referred to the fact that debtor had appeared voluntarily.
;
!
to be satisfied with the sureties.
Mr. Barlow said it was rather hard that that man should be so bardly dealt with as comp red with the other man.
His Lordship remarked that there had been a four months' interval.
Mr. Barlow mentioned that in the other case $4.000 was enough.
The ex-mination was adjourned for a week. CREDITOR'S PETITION WITHDRAWN.
In the case of Sze Shing Wo Kee exparte Chan Kwan Kan, Mr. D'Almada e Castro appeared for the petitioning creditor and applied to withdraw the petition.
His Lordship-Where is the petition? Mr. D'Almada e Castro-It has never been
served, my Lord.
His Lordship-What is the date?
:
Mr. D'Almada e Castro-17th May, 1905. His Lordship-Have any of the creditors taken any action.
H
Mr. D'Almada Castro-No, my Lord. His Lordship (to the Official Receiver)-Hare you anything to say?
Mr. Wakeman-No.
His Lordship-None of the creditors have taken any action. Is there no rule for the public notification of applications to withdraw petitions?
Mr. Wak man --No, there is nothing in the Bankruptcy Order.
His Lordship-It would be a good thing. Subsequently the Chief Justice said he saw no objection to the application, which was accordingly granted.
|
pire knew all that was being done.
The ca e was adjourned for a week.
RE YUEN POOK TOON EXPARTE THE DEBTOR,
to
Debtor in reply to the Official Receiver, said: I live at 8 George Lane. I am a banker. That was the only business I had. I am
a partner in the Foon Kut Bank; my share is $12,000. The other partners num bered too, but I cannot remember all their names at present. I was one of the two mɩuag. ing partoers. I joined the tank three years ago-13th January, 1993. I put in 312000. The business of the bank was lend ng money and receiving deposi s. In my statement I said I owed the hauk $22.510 which I had advanced to myself. That is the balance of the current account. I gave no security what- ever for this. According to the practic of native lanks they advancd money customers without any security except About promissory notes, and I did the same. $7,500 have been repaid to the bank during the past year. Altogether I borrowed from the bink $30,000 and repaid $7,500, leaving a balance due to the bank of $22,510. When I joined the bank I hal between $14000 and $15,000 out of which I put $12,000 into the bunk. the The last time I burrowed money from bank was between January and February of this year. I do not remember the amount I borrowed. It wa: $1,000 or less. The $12,00 I put in as capital has not been withdrawn. I received interest at the rate of 8 per cent. on my capital, the last time being in February 1904. I also received my wages at the rate of