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Mr. Goldring—I am applying on the grounds that the man cannot be left indefinitely in jail on your Lordship's order.
His Lordship How long has he been in jail? Mr. Goldring-Since October last, and you cannot allow a man to languish in jail for ever.
His Lordship--Six months is not for ever.... Mr. Goldring-I would ask your Lordship either to make an order for his immediate release, or to limit the date of his imprisonment
His Lordship-Limiting the date would destroy the object of putting him in prison. He is put in for the purpose of exercising pressure on him.
Mr. Goldring-He has filed his statement of affairs, and his attitude is that he cannot do any
mora.
Mr. Harston-I am instructed to oppose this application by Messrs. Shewan, Tomes and Co, and before your Lordship decides I should like you to hear me.
His Lordship-What are the asseta ?
Mr. Goldring read an affidavit which showed that $900 had been collected by the trustee in bankruptcy, and said he understood the principal ground why the debtor's release was abjected to was because he did not lend all the assistance he might have done to the Official Receiver.
His Lordship-The eround on which be was put in jail was because he did not pay his judgment debt.
Mr. Goldring-That was the original ground, but when your Lordship made the order I understood it was advanced that he should have lant more assistance to the Official Receiver. It is rather a difficult thing for a man in jail to assist the Official Raceiver. It is not just to keep him indefinitely in jail. He has already served as much imprisonment as be might have done if indicted and convicted.
His Lordship-nfortunately I have not got the making of these laws.
Mr. Harston-The 'debtor obtained goods from Messrs. Shewan, Tomes and Co. to the extent of over $10,000, and to his own knowledge be had not the slightest prospect of paying. On these circumstances your lordship made the order that he should find $5,000 security or be committed to prison. I submit that if "Mr. Goldring wants to bring the matter properly before you he should apply for his discharge The man has been adjudicated bankrupt, and the public examination closed.
His Lordsbip-The best thing is to bring the man up, and apply for his discharge.
EXC 88IVE RENT.
Re Father Oliver ez parte the debtor Mr. E. J. Grist (of Messrs. Wilkinson and Grist) asked his Lordship to adjourn this debtor's petition for A receiving order.
The grounds on which the petition was filled were that the debtor, who was a publican here has a lease for certain premises. The rent on these was 80 much that she found she could not make the business pay, but the matter was now under negotia tion. Under the circumstances she had no other course than to file her petition to get
relief.
Adjournment granted.
AN INTERESTING STORY, Re Cheung Pat-ting ex parte the deblor. Mr. E. J. Grist applied on behalf of the debtor for a receiving order. He said his client's assets were $100 and his debis $5,000. Of this amount a sum totalling 8509 was 'I here were no secured sarily recoverable. creditors, and the unsecured debts amounted to $5,000. That showed substantial assets, as the matter was a very small one, and if all his debts were collected there would be more than enough to pay 100 per cent.
His Lordship--What about the debts due to him F
Mr. Grist-He cannot swear they would be recoverable.
His Lordship-I think you must file an affidavit as to what they are.
Debtor was called, and said he was a rent collector receiving 814 per month.
His Lordship What are the debts due to you ?-I invested some money in property, and was swindled.
~ But what are the debis due to you ?—à man named Chiu borrowed from me a sum of $400, while another named Po borrowed $100,
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THE HONGKONG WEEKLY PRESS AND
His Lordship-But your debts are $5,010 P Debtor-I went to Chan Chung-fu'« plaos and asked him to buy a house with me. He ordered me a cup of tea which, as soon as I drank made me drunk, and I became giddy and afterwards unconscious. When I recovered this man asked me to go home. As I went down stairs it came to my recollection that I hal with me 810 000, but on feeling my pockets it was missing. I went upstairs and asked him if he took it. He said "You gambled and you lost your money. I replied" I did not gamble: you, had better return the money". Then he returned $5,000 I said "You must retara the balance of 85 000--“ ·
His Lordship stopped the narrator, and refused the application.
IN ORIGINAL JURISDICTION.
(May 18, 1907.
how could those who manage the affairs of the General Chamber of Commerce have not known them. They have now sotually com- mitted into his hands the important lask of inviting railway shares. Did they do it purposely or not? From what was contained in your newspaper it can be seen throughout that the members of the association eventually intend to avail themselves of the railway to catch fools. So wanting in aution are those who manage the affairs of the General Cham- ber of Commerce that they have trested the railway, which is the life and reins of the whole province, as child's play. In my opinion the person who is sent to foreign parta to canvas for shares should be a man of substantial means and established reputation, carefully selected for the appointment. But if such disreputable persons as Ip so-and-so are sent out, it is just enough to spoil the railway. Although I am a
BEFORE MR. A. G. W188 (PUISNE JUDGE). broker I wish to take 20 shares, to fulfil the
A LIBEL ACTION,
The case was concluded in which Yip Yen, alias Yip Wai pak of 276, Des Voeux Road Central, managing partner of Wah Yick and Co.. sued the Man" U Tong Ld., a company registered under the Companies Act of Hong kong, and having its registered office t 1. Des Vosur Road Central (in liquidation), and A. R. 1owe, liquidator of the said company, for recovery of the sum of 820,000 as damages for a libel published by the defendant oʻmpany on March 6th, 1906, in the China now paper, of which the defend«nt bompany are proprietors
Sir Henry Berkeley, K.C., instructed by Mr. C. D. Wilkinson (of Mesara Wilkinson and Grist) appeared for the plaintiff, but Counsel And solicitors for the defendants withdrew before the trial.
The following jury was empanelled:-F F. Bovet (foremad), 8. D. Hickie, H. F. Jellings, ( Humphreys, H. F. Hickman, A. Stevenson and J. Craik,
The statement of claim set out that the plaintiff was a merchant carrying on business in Vancouver, and temporarily resident at 397, Des Vœux Road Central. The defendants were the proprietors of a Chinese newspaper called the China, pub'ished in this Colony, On March 6th, 19-6, the defendant falsely and maliciously caused to be printed and publishel in the said newspaper the following article con. cerning the plaintiff, translated from Chinese into English:-" Sometime ago when I saw your newspaper and Yau Shu Wai and Chu Kong King, and other newspapers also containing the fact that the members of the Association for the protection of the Emperor have false'y been pretending to be managing the affairs of this railway (meaning the Canton. Hankow railway), and have sent telegrams to various parts pressing for collection of share money raised through com- mercial societies formed by members of the said Association. I thought that s noe the treacherous schemes of members iu falsely pretending to bi managing the affairs of the said railway have been disclosed, made known and attacked by the crownless kings and emperors, etc., the various gentlemen in Canton who are interested in the affairs of the railway would have taken the warning the cart ahead, and would not have erroneously fallen into the snare set by the members of the said association (meaning that the plaintiff and other members of the said association bad on a previous occasion or on previous occasions been guilty of dishonest and
This morning disgraceful conduct).
rend
patriotic duty of a subject of a nation. Now, when I see that Ng Kai-ming and Whai Yeung-kam have been nominated one after the other, and that Ip so-and-so has been requested to go abroad. I cannot help being disheartened. I request you to publish this in your newspaper to warn those who manage the railway affairs to be cautions in their managment of affairs, otherwise [ am afraid my capital for those 20 shares
bo proteofel, and I am afraid that in future days there will be a0 invasion into the railway company by members of the said association, which will cause grave anxiety for the future prospects of the railway." In consequence of these premises the plaintiff was greatly injured in his credit, reputation and business, and claimed $20,000 damages.
cannot
"
Sir Henry Berkeley, in opening stated that the plaintiff was a Chinese gentleman who had resided for something like 24 years in Vancou ver, British Columbia. He was suing a Chinese newspaper published in Hongkong and widely circulated in British Colombia, to recover damages for a libel published in that Dows- piper. The newspaper at first, and indeed up fill yesterday or the day bifore, had on the file by way of defence what was called a justification. They pleaded in other words that what they had said of the plaintiff was true; but what they said of him was of a very libellous and inflammatory character. Yip Yen was a man of considerable wealth and influence in British Columbia and Canada, He came to Hongkong and South China on a visit, and during that time was engaged by persona baring the control of the Canton-Hankow railway to collect subeoriptions for shares when he went back to Canada, This man Yip was also what is known as a reformer, and that fact caused him to have certain political enemies. This paper was apparently the organ of the party opposed to him, and made use of the fact that he had been employed for the collection of shares to make this attack on him. Then having announced the faxt, as it were, they preached a sermon against the man, and expressed astonishment that the management of the Canton-Hankow railway should employ such an unsuitable person.
The Paisae Judge addressed the jury, who afterwards retired.
On their return the foreman announce that they awarded the plaintiff $2,500 damages,
His Lordship gave judgment for this amount together with costs, and farther ordered that the costs of this sotion should take priority to any other olaim.
FATAL LANDSLIP.
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the Ngi of Canton, which contains a lettar from Lai, Lo, Ling and other members of the General Chamber of Commeros Ip so-and-so (meaning the requesting plaintiff), a member of the Association for the protection of the Emperor, to invite shares in America, and which also says that yesterday. Lai
of rock and others gave Ip a farewell entertainment at Oa the 9th May a "big fall Ching Yee Yuan. If this is so the future took place at Sham 8bio Po s the result of prospects of the railway will not be worth which ́one man was crushed to death and mentioning. Ip was a director of the said others were seriously injured. While a nam- association when he was in Canada, but borrowed ¦ ber of stonegutters were engaged in Fuk Chua name of the association to catch fools Hin quarry, a pisos of decayed rock, about (meaning the plaintiff cheate' unwary persons), ; six or seved tons in weight, fell from the He conspired with Kong. Ng. Tso and his face of the quarry. Three of the workers were entombed in the débris, two of whom were colleagues Ho so-and so and other‹ to entrap and
T involve M Puo sod Hs in trouble so
rescued alive; the other was found dead, as to break down the opposition to the Exclusion police deserve great credit for the energy Act. This has been published in the Asia News. which they threw into their self imposed task All his evil past sofa are known to all men; of rescuing the entombed.
the
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