Page
288
Thursday, 2nd May,
IN SUMMARy JurisdictioN.
AN ACTION FOR Four DOLLARS.
Cheung Choy, contractor, sued H. Ruttonjes and son, D'Aguilar Street, for $13,5", Mr. O). D. Thomson appeared for the plaintiff, and Mr. F. X. d'Almada e Castro for the defendants,
Mr. Jhomson said the $13.50 was for work done and material supplied in the limewashing and painting of defendants' premises. Nine dollars had been paid into court.
|
|
THE HONGKON› WEEKLY PRESS AND
|
|
[May 4, 1907. than he would obtain from the usual five por ↑ village, Heungsbau district, China. He let cent. But as to his priority I cannot depart out his land to other people, the from provisions of a. 33 of the Bankruptey Or- | strangement being that he should" find the dinance, which gives priority to the petitioning ||labour, and that when the crops were gathered BEFORE Mr. A. G. WISE (PuisnE JUDGR). creditor's costs after certain expenses incurred in the labour would be a first charge on the by the charges paid to the Official Receiver. I proceed-, the owner taking 6 › per cent of the have no authority to rend Trustes" into the balance and the tenants 4′) per cent. For the word "Official Receiver.” I shall allow the purpose of this he kept an accountant and a Trustee's remuneration the same priority as is | Held overseer who were left in the matshed of given to it in rule 125 of the rnglish Aqt the premises and kept the accounts. On Sep- This will be equivalet t 10 making a ruis in that | Lamber 3ed last your these two men were salesp hebalf under the powers given to the Chief in the matshed about midnight. At that hous Justice by seo. 79 of the Ordinance: end for they were awakened by tomebony calling the futuro that zule, subject to section 33, will them. When they arose they found that the be a rule of Court, which will be drawn up in large kerosene lamp in their quarters had been due course.
lit, and that fire men were in attendance who I fear that the Trustee will get nothing out had evidently entered through the large door, of the estate: tuongh perhaps he may be able to which had been broken down. They identified look elsewhere. I think in futurs that some the prisoner as one of these five men, and picked provision will have to be made when the order him out in the Hongkong jail from among a for the appointment of a trustee is granted dosen others. The defendant demanded $1,000, making the creditor who applies for his ap-at the same time stating that he belonged to the |pointment responsible for his remuneratia Kwong Sing Tong, which the speaker took it was in the event of the estate prasssing nothing some sort of a robber band. As the proprieter was wherewith to pay him.
not there the fokis would not give the band. anything, so they produced Arearms and threatened the fokis. They then ransacked the matshed and took $34 80 in money, a clock, two musketa and other articles Not content with the spoils they took the two fokis up the river and kept them for some 20 days in a matshed while they communicated with the farmer demanding
His Honour You are fighting for about 84. . Mr. Thomson—Yes.
His Honour You bad better send it down to the Registrar. Do you think it is worth while fighting i bont $47
Mr. Thomann Yes, I think it is, His Honour-Well I don't.
Mr. Thomson-There was an original con- tract for 89 for limewashing. After this WAL done defendants employed plaintiff to paint the verandah for 85,30. ↑ The question was whether that was included in the limewashing.
His Honour-It seems rather trivial. Plaintiff admitted having entered into contract for $9, the amount paid into court.
Defendant said the $9 was inclusive, Judgment was given for defendants with costs, his Honour remarking that it was only one man's word against another's.
IN BANKRUPTCY JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT).
: THE CHUN SHUN KOO BANKRUPTCY.
Another was added to the many judgments in the proceedings connected with the Chun Shun Koo bankruptcy.
His Honour mid--
This application is for the refund of a sum of money advanced to the Official Receiver by the bankrupt's brother in order to prevent the sale of their property which it was desired to preserve,
necesary
|
|
AN INTERESTING APPLICATION,
Re the Yaen firm Mr. Dizon, from the office of Messrs. Hastings and Bastings, made so application to set aside an adjournment of examination. He did so on behalf of Messrs. Jardine Matheson and Company who asked that the examination in the above-named debtor's bankruptcy, which was adjourned on February 21st, be anoulled.
Mr. Morrell, from the rown Solicitors office opposed the application on behalf of debtor and argued that he ought to have been served with an affidavit showing on what ground they wished the adjournment set aside.
The Chief Justion held that it was unnecessary. Mr. Morrell said he wanted to know some. thing of the grounds on which the application was made.
Mr. Dizon replied that bis friend was pr fectly well aware of the grounds of the appli- cation.
Bis Honour having stated that there was no such thing as the bankruptcy of a firm.
Mr. Morrell replied that the receiving order must be made against the firm.
His Honour-the receiving order is a cou. venience.
Mr. Morrell argued that the Incal ordinance provided for such a procedure, but
His Honour ruled otherwise The adjudication was annulled.
BANKRUPT PHOTOGRAPHERS.
Re the Long Hing firm. Long Hing said the photographic business in Queen's Road was formed with a expital of $10,000, of which he contributed $1.000. Last year the firm lost $15,000 and the partners drew out $8,000. The liabilities amounted to $11,000 and the assels to $140,
The public examination was adjourned.
A CHINESE BRIGAND CHIEF « WANTED" IN CHINA.
G
There has clearly been some irregularity in the matter as I made an important order and there is no record of it. I had therefore to trust to my recollection and to act on it. I remem- ber the Official Receiver coming to me not more than an hour before the date of the sale of the bankrupt's property which it was desired to stop, sad asking for permission to take an advance from the debtor's brother for the pur pose. There was apparently no time to draw up any regular order at the time, nor to prepare the document which would have been necessary for the purpose of the estate under s. 14 (i) (6) of the ordinance, and it is obvious that the
the necessary for drawing up ́doonment afterwards must have slipped from the Official Receiver's memory. Mr. Wakeman is one of the most careful of officers, and such a slip on his part is most unusual; but I can only say that if the Government persist in making one officer do the work of two, it is surprising that there are not more mistakes made, in the conduct of complicated business. I am glad bowever tha' I feel jutified in re- medying the mistake and not allowing the applicant to suffer from it. As to whether it was to the interest of the creditors that this money should have been borrowed it was pointed [The defendant is the man who formerly out that in the result it has proved not to appeared
the charge have been in their interest; but I must of demanding money with menaces, It will look at the matter as the Official Receiver be remembered that sometime ago he called viewed it at the time, and sa he expended $1,000 | at the family house of Mr. Vien Ting. belonging to the estate for the purpose, I must | demanded: a assume that if he had had in his bands | and suficient money to stop the male he would have done so, and not have obtained this advance. Imust therefore treat the advance as if it had
· been made regularly, and the money must be repaid so that the e tate will be in the same position as it would have been in if the whole amogat had been advanced by the Official Receiver.
A
I am also asked to decide the priority as to the Trustee's remuneration, and the petitioning creditor's costs. The estate has been troniblesome one and the Trustee is entitled to remuneration than usual, and I fix it 300, which I understand is a larger
|
Before Mr. E. D. C. Wolfe at the Magistracy on the 1st May Mr. G. E. Morrell, Crown Solicitor, applied on behalf of the Chinese Government for the extradition of Lau Yok. ting who is wanted in China to answer a charge of armed robbery. Mr. R. A. Harding appeared for the def-nce,
before the Court
told that
00
certain smount of money,
that be gentlemsu
WH a notorious robber obief. Mr. Bien Ting secured him aud banded him over to the Police, and then certain other prominent Chinese told the authorities that he had also secured money from them through menaces.}
|
|
|
|
8500 raasom. The farmer eventually paid it and the men were turned loose and sunt awa. Then they got to Macao, stayed there one night and went home, when the matter was duly reported to the Mandarin, but it was not till this month that the man was arrested,
Evidence was called, and the oise adjourned.
"TLICKS OF THE TLADE."
An interesting case way heard before Mr. Wolfe at the Magistracy on Apl. 26th. Guoner Brown, of the R. 8. A., summoned the master of the jewellers' shop at 59 Queen's Road Central for fraud. He said he had given defendant a gold ring to salarge by the addition of a certain amount of gold, and defendant nadertook to do this for $2.50. When complainant called on the day mentioned for the completion of the work he was informed that the ring was not ready. He returned a few days later and received the ring, paying the price stipulated. At the time he asked it that was proper gold and he was informed that it was batter gold than hal been in it before. Not altogether satisfed the complainant took the ring to another jeweller who informed him that some gold had been extracted and another mixture pat io. It also showed two holes which indicated that the defendant had bored to securtain whether it was gold throughout. His Worship thought the simplest plin would be for defendant to return the money paid to him for the work, but complainant pointed out tha' the ring which was a keepsake had been lessened in value.
His Worship-Will you promise to return the ring in its original state?
Løfendant-Yor.
His Worship-What would it cost. He has already paid you $2.50 for making « mms of it.
Defendant-Fire or six dollars would make
right.
it His Wombip-Well you had better pay him the money and let him here it does himself,
The money was afterwards handed over to complainant.
The fifteen studen's mentioned in the April 20th leader as passing through on the French Mail to Europe were mostly selected. from the military school at Yatsun (in the vicinity of Paoting) by General Toh Liang who, in view of the coming reorganisation of the Imperial navy of China, has requested the Mr. Morrell informed his Worship that this Waiwups to consult Sir John Jordan with onee was the old, old Chinese story of,the reference to the dispatch of a similar number industrious man who made a little money, and of young officers and students to study of the ragsboods and rogues who wanted to up-to-date naval subjects in England. It is squeeze it out of him. In this instance they reported that the British Government has failed to get what they demanded and robbed granted the request of the Chinese GovernmeVR Í the man's pisos of businem. The emplainant's and Sir John will shortly draw up so das i zame was Chaa Kai-man and he was the pro- ' special rules with the Walwapa for the
prietor of 400 li of land in the Panmisha observance of such endeis,
=