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SUPREME COURT.
Monday, January 22nd.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS Pradoтt (CHI F JUSTICE).
ENROLMENT OF A ƐOLICITOR.
Before the business of the day was proceeded with, Mr. E. H. Sharp, K.C., said he wished to make an application under section 21 of the Legal Practitioners' Ordinance of 1871 for the admission of Mr. E. P. H. Lang as a solicitor and proctor of this honourable Court. Mr. Lang, as His Lordship would see from the the affidavits before him, was articled in 1899 to Mr. Newman, town clerk of ewport, in Monmouthshire, and in due course was admitted as a solicitor in London. He came to join the firm of Messrs. Deacon, Looker and Deacon, and Mr. Sharp had great pleasure in proposing
that he be admitted to the bar.
His Lordship said he had looked through the papers and found them in order. He would
enrol Mr. Lang as a solicitor, and trusted he would justify the confidence which the firm he was going to work for reposed in him.
HO TUNG v. CHUNG SHUN KDO.
This was a claim for $6,900, being arrears of rent for the months of July, August and September, 19.15, dus under an agreement in writ ng dated December 29th, 1904, and made between the plaintiff by his age t, S. Bisney, and the defendant, for the lease by plaintiff of property registered in the Land (ffice as Section A of Marine Lot No. 7.
Mr. E. H. Sharp, K.C.. instructed by Mr. Steavenson (of Messrs Deacou, Looker and Deacon), said he appeared for the plaintiff, Mr. Ho Tung
At this juncture Mr. M. J. D. Stephens hurried into Court and asked permission to address his Lordship. He said he had been instructed to appear on behalf of the defendant. His Lords'ip-I cannot hear you. What you have to say you can put through Mr. Sharp.
After a consultation, Mr. Sharp informed his lordship that Mr. Stephens was not yet the solicitor ou the record.
A great many had been on the record in this case, and Mr. Stephens was quite prepared to be put on. → although at present be had no standing. What the solicitor would wish done if he were upon the record was that an application be made for the hearing to be adjourned, and that the defendant should, at this late date, be allowed to file a statement of defencs. Counsel submitted that no such order could be made.
His Lordship-How many solicitors have been on the record ?
Mr. Sharp Two already, and this is the third.
His Lordship Has Mr. Stephens been in- structed ?
Mr. Sharp-I am told he has, my Lord, but too late to appear.
After consulting with the plaintiff, Mr. Sharp aid Mr. Ho Tung was desirous of going on with the case, and submitted that he had every right to do so.
His Lordship-Don't you consent to an adjournment ?
Mr. Sharp-We would accept an intimation from your Lordship, but would suggest that you could not possibly ask as to adjourn unless the defendant paid all costs of action, and you put up very stringent conditions as to the defence. Already all the plaintiff's witnessOR are in Court, and all notices have been served; further time the defendant applied for to file his statement of defence. That was granted, but the statement has not been filed. I submit that he is under the fullest default he could actually be under.
THE HONGKONG WEEKLY PRESS AND
His Lordsbip-1 should not make an in- timation unless it was agreed that all the costs incident to to-day be paid on or before next Wednesday, and that the defence he filed on or before the end of next week.
Mr. Sharp asked his Lordship, in the event! of such intimation being made, that the cas be brought on as quickly as possible.
His Lordship-And unless the defence is filed the case shall come on for ex parte hearing within the next fortnight.
Mr. Sharp said Mr. Tung would accapt any intimation from his Lordship, and the Chief Justice made one as stated.
M. HE Pollock, K.C., then entered court, and said he had just been instructed to appear for the defendant. He had received notice that the case was to come on at 11 o'clock, and Mr. Stephens had been told by Messrs. Deacon, Looker and Deacon that if he wished to apply for an adjournment he could do so on Monday. Pollock, who agreed to it provided that the The order made was then hand d to Mr.
costs of the day were brought in for taxation, and as the other side did not object this was added to the order.
FUNG CHEUNG AND ANOTHER v. CHUNG SHUN KOO. This was a claim on an architect's certificate for the sum of $2,000 for work done.
Mr. E. H. Sharp, instructed by Mr. G. K. H. Brutton Guldring), represented the plaintiffs, and Mr. (of Messrs. Bratton, Hett and H. E. Pollock, K.C., instructed by Mr. M. J. D. Stephens, appeared for the defendant.
which prevailed in the previous o se, his After argument of a like nature to that Lordship made a similar order.
IN SUMMARY JURISDICTION.
[January 27, 1906.
Mr. H. K. Holmes, who appeared for the petitioning creditor, applied for leave tɔ with- draw the application for a receiving order. Tas appliction was supported by a declaration by Leung Lai-kwok, an accountant in the deb'or's employ. The declaration set forth that he believed the whol› of the debtor's oreditors signified their approval of the compromise, which was that debtor should pay a om- position of 30 per cent. The composition, which was in Chinese, had boou fled, and was duly stamped and signed by all the creditors. Formerly, Mr. Hastings id objected to the (Mr. Hastings) clients had now signed th speaker making such an application, but his
composition. So far as he knew, there were now absolutely no dissatisfed creditors.
The Official Receiver raised no objection, and his Lordship granted the application.
· EECKITING order wWANTED.
Sau hing wo ex parte the deblors. Mr. C. F. Dixon (of Mr. John Hastings offic) applied for a receiving order He said the deb'ors' patition was supported by a de- claration of assets on the fils made by one of the debtors, Chun Yuk-chiu, who was a partner in the Shan Shing-wo. The assets debts and cash to the value of $6 200 of the firm in this Colony consisted of book
and $111.42. Of this amount about $4,000 was recoverable. Liabilities amounted to $43,450. The deb'or had handed him a sum of several hundred dollars in cash—he was not sure of the
Official Receiver.
BEFORE MR. A. G. WISE (PUISNE JUDGE). amount-which he would hand over to the
5. WHAT'S IN A NAME? Naddan Singh sued Yun Shing to recover the sum of $196 due for money lent,
Mr. F. X. d'Almada e Castro appeared for the plaintiff, aud Mr. R. Harding (of Messrs. Ewens, Harston and Harding) for the d-fendant.
Mr. Almada said the plaintiff was formerly a watobman employed at the Kowloon Dooks, at which place the defendant is bead painter, The defendant gave the acknowledgments in Court for the amount claimed, and paid interest for several months, During the last four months, however, he had failed to pay, and as a consequence the plaintiff brought this action. The defendant was now claiming not to be Yun Shing, but Ah Tim.
Mr. Harding, for the defence. said the defendant had been employed for many years in the Yuu Shing shop until that shop broke up. He never went by the name of Yun Shi g.
His Lordship-Does he oll himself Yan Shing P
Mr. Harding No. Ah Tim.
His Lordship- I shoull like to know if he is down in the dock books as Yua Shing. That, it seems to me, wou'd settle the business. Mr. Harding—I am informed, my Lord, that according to the pay-sheet his nams is Ah Tim, but I cannot say for cer aiu.
His Lordship-Cannot we settle this point some way or other?
Mr. Almada -If the defendant is not Yun Shing, evidently he has been obtaining money by false pretences.
His Lordship-The defendant is stone deaf, I should imagine, from the way he watch a the case.
Mr. Harding-He is apparently a little silly, my Lord.
His Lordship-Well, let us have him in the box and see what he has to say.
Ab Tim, sworn, said he did not know the defendant; nor any of his witnesses, one of whom was a watchmau at the Dock Company He could not write, therefore the receipts in Court were not signed by him.
After hearing further evidence his Lordship held that the defendant had failed to prove that he was not Yun Sbing, and gave judgment for the plaintiff with costs.
Tuesday, January 23rd.
His Lordship-That does not seem to be very much, but it is substanti 1.
Mr. Dixon-I think I can assure your Lordship I have more than enough to pay the Official Receiver's costs.
His Lordship You say $4,000 of the assets are recoverable?
Mr. Dixon-Yes, my Lord. His Lordship Does the money you have in hand include the $4,000.
Mr. Dixon-No.
Mr. Wakeman raised no objection, and his Lrdship granted a'receiving order,
FOREIGN LOANS TO CHINESE.
CANTON VICEROY'S THOUGHTFULNESS.
.
[From our Canton Correspon lent] Viceroy Shum has sent a Despatch to all the Foreign Consuls, in connection with the relationship of Chinese officials to foreiga creditors, ani nalive debtors. By treaty it is their duty to protect foreign creditors, he says, and they have always trid to do so, but it is Chinese ally becoming more difficult, borrowers deposit securities to which they have no right, or deposit deads that are not in the load. There is now a General Chamber order, and disappear when they have to repay of Commerce in Kwangtuug, and he suggests before advancing money to Chinese.
consult this body that foreigners should Chamber would investigate the status of all applicants for lons, and advise accordingly. The procedure he suggests is that the foreigner should send to his Consul particulars of the application, name of applicant, amunt desired, and particulars of security offered. The Consul will send the e to th Viceroy, wh› will send to the Chamber, anl the reply will retura through the same channels. Thus an more foreigners will be defrauded, a consumm ¿tion devoutly to be wished..
The.
The native paper Ling-po, commenting, says business in Kwangtung is going to rain; mon y is very scares, and resort to foreign capitalists has led to complications. Viceroy Shum asks that Chinese merchants must now consult him before applying to foreigners for loans; but Chinese offici. are always so dilatory that this will not help business. If each application has to go to the Viceroy, from him to his Foreign Bureau, through them to the Chamb›r of Commerce, and back again, each deal will take at least a month. A merchant borrows only when his need is urgent, so that would nɔt do. Besides, exchange fluctuations during the inevitable delays would farther complicate Re Chan Lai-miog alias Chan Yak-chuen matters. We have no doubt, says the Ling- ez parte Sam Chun-nam.
IN BANKRUPTCY,
Barore Sir Francis Piggott (Chief
JUSTICE).
A COMPOSITION ARRANGED.
po, that most foreigners will recognise the