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Tuesday, August 14th.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
FORECLOSURE OF A MORTGAGE.
The Hongkong Land Investment and Agency Company, Ltd, proceeded against Ng Chit-ni. Ng Moi, Ng Kwong, Fun Pai-sheung, Ng Cheung, Li Tse-shek, Pun Chi-po. U I Sam! and Chau Cheurg-chi, all of Canton, with the exception of the last named, who resides in the Colony, for the foreclosure of a mortgage. The plaintiffs were the mortgagees of certain pro. perties registered in the Land Office and mortgaged to the plaintiffs by three of the defendants on 9th February. 1901, of which property the said defendants had signed the equity of the redemption to the defendants Pun Pui-sheung, Ng Cheung, Pun Chi-po, U I Sam on December, 1902. Plaintiffs therefore claimed 20 account of principal, interest and costs under the mortgage payment of what is found to be due to the plaintiffs on the said account or in default of payment enforcement of the mortgage by foreclosure.
Li Teo-shek, the 30th
Mr. H. G.Calthrop, iustructed by Mr. Steavenson (of Messrs. Deacon, Looker and Deacon), appeared for the plaintiffs, and Mr. M. W. Slade, instructed by Mr. Hett (of Messrs. Brutton and Hett), appeared for certain defendants.
Mr. Slade said he appeared for the last five defendants.
Mr. Calthrop objected to Mr. Slade appearing in that matter, as he had fi'ed no statement of defence as required before appearing at the trial.
Mr. Slade said he did not oppose the objection and he might say at once that he was simply there on the question of costs. He admitted that plaintiffs were entitled to their judgment but not to the costs claimed. His Honour thought Mr. Slade might have leave to appear. He conserted to judgment, so the costs could be considered afterwards.
Mr. Calthrop argued that Mr. Slade ought to have filed a disclaimer, and he had not done Therefore he had no right to appear then. His Honour-But Mr. Slade has consented to judgment. He is not opposing you.
80.
Mr. Calthrop-They promised to make an assignment and we have waited since January
to save further costs.
Mr. Slade explained that he appeared for the last five defendante, on whose behalf he consent ed to judgment, but he objected to costs
His Honour-If it is only a question of costs I think the matter is simple,
Mr. Calthrop-But they did not take the proper course.
His onour-I don't see any objection to the course proposed by Mr. Slade. I can give you judgment and leave the question of the costs for the Registrar. I must in any case give judg; ment with costs against somebody. You had better prove your mortgage and take judgment and then I will hear you on the question of
costs.
Mr. Shelton Hooper, secretary to the com- pany. then gave evidence. He identified the mortgage produced, which was for a loan of $120,000 made by the company to the defend. ants. When they entered into possession of! the property they had to p y out certain moneys for overseer's salaries, legal expenses, and other
charges under the sum due. Interest was paid
up to January 1st, when it ceased,
His Honour then gave judgment and said
Mr. Slade:
he would hear parties as to costs. asked that judgment be for disclosure, and bis
Honour consented.
Mr. Calthrop asked that the time for making the order absolute be one month from date: instead of the usual six months.
Mr. Flade having no objection, his Honour decided that that should be the order,
Mr. Slade then argued that the ordinary rule in such actions for disclosure was that the costs of all parties came out of the estate, but in! that case the estate was not big enough to bear it. He was entitled to his costs for appearing that day. Bis clients had never opposed judg ment and Cheung Chi, who was the only defendant resident in the Colony, should not be
THE HONGKOŃ › WEEKLY PRESS AND
ordered to bear the costs and recover from the
others.
Mr. Calthrop pointed out that they could not proceed against the other defendants because they were beyond the jurisdiction of the Court. At the close of the argument, his Honour intimated that he would consider the point and the Court was adjourned sine dia,
Thursday, August 16th.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE)
[August 20, 1906. MARINE MAGISTRATE'S COURT·
Friday, August 17th.
BEFORE THE HON. CAPTAIN L. A. W. Barnes- LAWRENCE, R.N. (MARINE MAGISTRATE).
FAILING TO REPORT A PASJENGER'S DEATH.
Paulo Guterres, first clerk at the Mercantile Marine Office, proceeded against Henney Clifton, master of the British steamer Charter- house, for failing to comply with article I of section 254 of the Merchant Shipping Act of 1894 in not recording in the log book of the said vessel the fact of the death of a Chinese passenger on the 31st May last while on a voyage from Singapore to Hongkong.
Defendant pleaded guilty
Mr Guterres stated the facts.
Defendant said he forgot to make the entry at the time the death occurred. The ship was one day from Hongkong and they were experi- eucing rough weather which necessitated his remaining on the bridge during the He did not time the burial took place. make any report later as he thought there over it. The doctor on might be trouble board was an Indian named W. Boyle who left the ship at Singapore on return from this He was unknown to witness previas voyage. to the voyage in question. As to the
A QUESTION OF COSTS, His Lordship gave his judgment on the question of costs in the action in which the Hongkong Land Investment and Agency Co., Ltd., obtained judgment against a number of Chinese defendants for the foreclosure of a mortgage. He said that the proper order
the circumstances in
was that judgment be entered against the six defendants and that they pay their own costs, and that the plaintiffs are only entitled to such costs as were incurred by their being made defen- dants. The plaintiffs action in forcing defendants into the Court was wrong, and plaintiffs must therefore pay the costs of the defendants appearance at the trial. plaintiffs' attitude on that matter he had much sympathy as it had been the common course to get the costs paid by the defendants in the Colony.
IN BANKRUPTCY JURISDICTION.
BEFORE THE CHIEF JUSTICE 'SIR FRANCIS PIGGOTT).
"THE OLD. STORY,
examination in bankruptcy.
Cheung Shan-koo attended for his public
In reply to the Official Receiver, he said his business was buying and selling property, a business which he commenced five years ago. He kept no books, as he did all his business through the bank. He had no bank books before 1903.
They had been eaten by the white
ants.
The Official Receiver-The same story, my
Lord.
The Official Receiver then informed his Lordship that the debtor had not complied with his request to file & full statement showing his dealings for the last three years. Perhaps his Lordship would name date by which that should be done. He had had great trouble with that maó.
B
His Lordship-He can do it in ten days. Mr. Deacon (of Messrs. Deacon, Looker and Deacon), who appeared for one of the creditors, said the debtor had disregarded the provisions of the Ordinance in not assisting the Ufficial Receiver and had refused to comply with his requirements. He submitted that such conduct ought to be stopped.
for debtor to file a statement of his affairs.
The case was adjourned till next Thursday
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (PUISNE JUDGE).
THE HONGKONG BREWERY CO. Mr. F. P. Hett (of Messrs. Brutton and
Hett) made application on behalf of the Hong kong Brewery Company, Limited, for leave for that company to wind up its affairs and go into liquidation.
His Honour said the matter would be taken in chambers to save expenses.
Mr. R. F. Johnston, Secretary to the Govern ment of Weihaiwei, arrived in Rangoon a few days ago after a prolonged journey across China and has row left for Ceylon on a brief risit to that Colony. Mr. Johnston journeyed up the Yangtse, and instead of journeying direct to Bhamo, his objective, he made a tour of several months' duration in Szechuan and Eastern Tibet. Mr. Johnston returns to Burma shortly and will visit the Shan States before returning to his post in China,
His Worship said-The omission to record in the official log book the death of any person on board your vessel as well as the particulars In this caDO relating tuerelo is a serious one. the death of a Chinaman took place on 30th May during a voyage from Singapore to Hongkong, and it is only now due tia report, which investigation proves to ba correct, that I am able to learn something of the facts of the case. A consequence of this is that no proper inquiry into the circumstance, can be made here, as the doctor, who at the time was borne on the ship's articles and who also according to law should have sigued the entry in the log book, is no longer on the ship. It must be apparent to you that if the pro- visions of the Merchant hipping Act are not complied with in this respect the ends of justice may very easily be defeated. know that the doctor whose evidence is all im.
As I
portant is residing at Singapore I am comman- icating with the Master Attendant at that port, with a view to bis holding an inquiry on the return of your vessel there, into the cause of the death. For non-compliance with the provisions of section 254 of the Morchaut Shipping Act I fine you $50.
CHERCHEZ LA FEMME.
Three long-robed Chinese were charged with causing an opium warrant to issue for the search of house No. 494, Queen's Road West, by giving false information, also with “planting opium on the said premises.
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From the evidence it appeared that on the afternoon of the 6th instant, the third def-ndaut, who was a man of moderate mans, reported to an excise officer that he should take out a warrant and search the house before mentioned which Was & brothel. He told the excise man that he would find a quantity of opium secreted under a bed on the verandah. He also said that the person who should be arrested was a woman named Chin Fuk. The warrant was not taken out that day, so on the following morning the defendant again called at the excise officers quarters and urged them to hasten, remarking that if they delayed the opportunity might pass. On the day following a warrant was issued, the result of which was that two taels of opium were found under the bed mentioned by defendant. The residents of the house denied all knowledge of the opium, and the excise officers having regard to the anxiety displayed by the defendant in the matter, thought he probably knew more about it than be bad stated. He was therefore detained on the charges named, and while under arrest gave information which implicated two of bis companions, who ware also arrested and charged. It was alleged that the prosecution was the outcome of spite, and as the case developed, a love affair was found to be at the bottom of the trouble.
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