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His Lordship-I suppose the motion is that the costs should come in and be proveable like other debts.
Mr. Dixon-I want the whole of the cos's as a preferential payment. I believe it is a practice of the Court.
Mr. Wakeman-It is dependant on the amount of assets, my Lord. I have given my friend notice that I could not go into this application to-day.
Mr. Beavis-I am instructed to make an application that the debtor be adjudicated bankrupt. A petition has been served by substituted service, and the creditors have by a resolution decided that the debtor should be adjudicated bankrupt.
His Lordship-I have always understood that I had no option under Section 19 as far as adjudication goes?
Mr. Wakeman-Quite so, my Lord, His Lordship-Then, Mr. Beavis, you can take your order.
Mr. Beavis-As regards the costs of the petitioning creditor he would have priority over all others.
His Lordship-That can be dealt with in the Receiver's report and the whole question of costs will stand over until after that has been furnished, when I will decide.
THE MILLIONAIRE BANKRUPT.
Re Choy Chung Li.
Mr. P. W. Goldring (of Messrs. Brutton, Hett and Goldring), who appeared for the debtor, said he understood from the Official Receiver that he did not want to ask his client anything further. He wished therefore to apply for the close of the public examination and the release of the security.
Mr. F. B. L. Bowley, Crown Solicitor, asked his Lordship not to release the security until the bankruptcy proceedings had closed. His Lordship would see that the order did not in any way refer to the examination.
His Lordship-What was this warrant. I don't remember this.
Mr. Goldring-On the 2nd August your Lordship ordered that the debtor be arrested under sub-section D of Section 24.
His Lordship-Do I understand you to say there was security for his appearance.
up
the
Mr. Goldring Yes. And be turned same day as his public examination came on. On the 2nd August a warrant was issued for his arrest on the ground that without good cause shown he failed to attend his public examination. I applied in Chambers next day for his release, and by consent the warrant was suspended on his giving 85,000 security. Now that the public examination is closed, I am entitled to the return of the security.
Mr. Bowley referred his Lordship to section 27. He said there were many reasons for issuing such an order as the bankrupt was not only to attend his public examination, but to assist the trustee in the realisation of his assets. His Lordship-The offence under which the warrant was issued refers to his attending the public examination.
THE HONGKONG WEEKLY PRESS AND
His Lordship-Yes. It has been suggested on several occasions that he is entitled to property by his father's will.
Mr. Bowley-No, my Lord. Outside hig father's will.
His Lordship Even then my power would only be to punish him for contempt of court The defendant is now
in custody, but apparently has beem released on bail.
Mr. Bowley-He is at present on bail as far as the Police Court proceedings go.
If they fail, then the bail goes, and if your Lordship releases this security, we will have none. understood from my friend that he wonid not. apply for the release of the security, conse- quently this application comes as a surprise.
Mr. Dixon, who represented the petitioning creditor, pointed out that if the debtor abscond ed the creditors would get no benefit at all from the security.
His Lordship adjourned the case.
PUBLIC EXAMINATION.
Re Ko Ping and another exparte the debtors This examination, which was conducted by the Official Receiver, was in connection with the Wo Cheung firm, Ko Cheung, an alleged partner, being examined. He said he had never been a partner in the firm, although with another man he signed the firm's promissory notes. The liabilities were $65,8 0, the greater part of which was for loans. He did not know how the firm got into difficulties.
concerned he believed the witness had made Mr. Wakeman said that as far as the firm was
himself liable as a partner.
Mr Bonner asked that the debtor be adju- dicted bankrupt.
closed the public examination.
His Lordship adjourned the application, but
IN SUMMARY JURISDICTION. BEFORE MR. A. G. WISE (PUISNE JUDGE).
CLAIM FOR A BALANCE,
The E On firm sued U Kam to recover the sum of $242.88 being balance due for work done and material supplied.
Mr. F. P. Hett (of Messrs. Brutton, Hett and Goldring) appeared for the plaintiffs, and Mr. C. F. Dixon (of Mr. John Hastings' office) represented the defendant.
Mr. Hett said the action was brought by the plaintiff's firm, contractors and builders, to
recover
the
amount claimed in the writ With regard to the payment of $22.80 into Court, he would like to raise the point of law which he thought entitled him to judgment for the whole claim. It was provided by the Code that payment into Court should be taken to be au admissin of the cause of action in respect of which the amount was paid iu.
His Lordship-Yes. They admit they owe $22.80.
Mr. Hett-That is so, my Lord.
Mr. Hett referred his Lordship to Section. 153, and referred to a previous action wherein be obtained judgment, which was on all fours
with the present case.
His Lordship said he should like to see the case referred to and adjourned the hearing,
A DECIDED ACTION.
Mr. Bowley submitted that
was to the Ip Fat On, trading as the Mow Cheong interest of the creditors that the security be claimed from Ip Sun Kui the sum of 31,000 continued, and asked His Lordship to continue being balance of money paid by the plaintiff at it under sub-section B.
the request of the defendant for the construc. His Lordship-All I could do on that application of house No. 131 Upper Main Street, tion would be to issue a warrant. There is Kowloon. nothing said about security.
Mr. Bowley-I don't know, my Lord, uuder what provision the security was made by consent I understand. An order having been made for security, I submit that it is substituted for the warrant, and instead of continuing the warrant, I ask your Lordship to continue the security.
Mr. Wakeman-It is the practice of the court to take security for the defendant's appearance.
Mr. Bowley-Your Lordship will understand that although the public examination has been closed, the assets have not boen realised. The only assets realised at the present time are $1,000. therefore it is necessary in the interests of the creditors that the debtor should not leave the jurisdiction of the court until the bankruptcy proceedings were wound up. I would also refer your Lordship to Section 45 regarding bankrupts, property out of the Colony, and I am instructed that the debtor has property out of the Colony,
Mr. Otto Kong Sing appeared for the plain- tiff. and Mr. Harding for the defendant.
Mr. Kong Sing having related the facts of the case, Mr. Harding raised the preliminary objection that the case had already been decided by the assistant Land Officer.
His Lordship-I didn't know he was a judge. Mr. Harding referred his Lordship to various sections in the New Territories Land Ordinance in support of his contention, and produced a certified copy of the evidence taken in the Land Court, and of the judgment upon
that evidence.
His Lordship adjourned the case in order that he might be supplied with the evidence in ques- tion for perusal.
Mr. A. Guibert, the French Vice-Consul at Hongkong, has been appointed consul at Pukhoi. His friends will be pleased to learn of his pro- motion and we join with them in wishing him
a prosperous career.
[December 16, 1905.
CANTON.
(FROM OUR CorrespondenT.]
9th November.
THE LINCHOW AFFAIR.
I am informed the United States Vice-Consul has received a telegram informing him that the Commissioners left Linchow yesterday.
EARNEST STUDENTS.
The education department here has notified the public that the second batch of members of the gentry who have expressed their desire to proceed to Japan to study commercial and political economy questions, are requested to call at the offices of the Board of Education to report. themselves between the 9th and 13th inst., and to hold themselves ready to start on their voyage before the Chinese New Year. It is stated that the Government gives each member 30 taels to defray expenses during the six months' stay in Japan. The first batch of 40 proceeded to Japan about a month ago.
CHRISTMAS SPORTS.
I am informed that the officers of the U. 8. 8.
monitor Monadnock have subscribed 300 dollars gold for the purchase of numerous prizes to be presented to winners of the different events during the sports which they are now organising for Xmas. Tue events will be open to all residents of Shameen
THE YUNNAN RAILWAY.
The French Mission college of Canton which was founded a few years ago by Bishop Meryl is in a flourishing condition; many scholars attend the institution which is very ably directed by Rev. Fourguet. A few days ago a batch of fifteen of the best scholars received appointments on the Yunnan Railway Syndicate's staff as interpreters and have left for Yunnan. As they are all Cantonese it is hoped that they will | be able to promote a better understanding between employers and labourers and allay any ill-feeling that still exists through past misunderstandings.
|
A CHINESE INVENTOR.
A man named Fung-chun bas invented a bullet proof shield, and asked the Viceroy's patronage. He says the Imperial Troops, armed with his invention, can decimate their enemies and go unscathed themselves. Viceroy Shum's reply is said to have been, Take that thing away.
**
THE BANK PURSUES.
heavily indebted
Wai-Long-Shau, of the Wai-Fung Co., is to the Taiwan Bank of Hongkong. The Japanese Consul has sent & despatch to Viceroy Shum requesting that the debtor be arrested and compelled to pay his debts. The Consul adds that Wai has been seen in the streets of Canton on several occasions. It is reported the Viceroy Shum has given instructions to the Nam-Hoi, Poon-Yu and Hang-shan magistrates to effect his arreat.
BOYCOTT.
Another boycott meeting was held here on the 7th inst, when delegates from Hongkong, Macao, Fatshan, Shekloon, Saiwan, and even Shanghai, were present. Tautai Cheang To- chai presided. After considering suggested amendments of the American law, it was agreed that it would be no use to engage in further coufer nce with American merchants. The meeting adjourned sine die.
11th December. HONGKONG-CANTON RAILWAY.
Vic-roy Shum recently forwarded a despatch to the Governor of Hongkong suggesting the conditions under which the two systems may be linked. A reply has been received, but its nature is not disclosed.
NEW WHARF.
Sometime ago I reported that new
p iera were going to be constructed on the new bund to accommodate Hongkong steam-rs which have hitherto been obliged to moor on the Honam side of the river One of them is about com. pleted and is situated just below the last wharf of the Steamboat Co. The structure kubstantial and is a credit to the architects, Messrs. Purnell and Paget, under whose guidance and plans the work has been carried but in such a short space of time.
SPIRITED AWAY.
is
It appears that the city is haunted by evil spirits! Men lose their queues while walking about the streets, the victims discovering their
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