June 15, 1907.]
that other two were in court. When questioned why they had not answered to their names they stated that they thought it was only the other man who was on trial. His Lordship said he had a good mind to send them to gaol, but ultimately he heard their stories. All the defendants pleaded that their accountant had left them and they knew nothing of the socounts. His Honour told them that was their fault. When they asked for time be declined, saying that if he did so they would go into bankruptcy. Judgment was entered for the seven plaintiffs with costs.
Wednesday, June 12th.
IN ADMIRALTY JurisdICTION. BEFORE THE CHIEF JUSTICE (SIR FRANCIS „PIGGOTT), AND THE HON. MR. E. A. HEWETT (NAUTICAL ASSESSOR),
A SALVAGE CLAIM.
•
and
The action for salvage brought by the Hamburg-Amerika Linie and the master and crew of the a.s." Aragonia" against the China Navigation Company, Ld., the owners of the 8.8. "Hupeh" her cargo and freight, was con- tinued. Mr. M. W. lade (instructed by Mr. G. Hastings of Mosers. Hastings Hastings) appeared for the plaintiffs, while defendants were represent by the Hon. Mr H. E. Pollook, K. (instructed by Messrs. Johnson, Stokes and Master).
Captain Mathias continued his evidence. Referring to the parting of the wire towing rope, he stated that the "Aragonia" gave no indication of her intention to take the sudden turn to starboard which caused the
to part. Cross-examined by Mr. Slade-Have you instructions in common with all captains in the employ of Butterfield and Swire that if any. - thing happens to your ship you are not to request outside help but to wait until some of your ships come along ?—I have not.
rope
There is no rule or instruction of that kind. in your service P-I have never seen or heard of it.
Nothing of the sort P-No.
Are you quite sure of that captain ?--I am on oath. I say I have never seen it nor heard it.
Witness expressed the conviction that though the "Hupeh "was exposed to the full force of a northeast monsoon on 6th December he could have ridden through the gale safely depending on his anchors.
You did not take the risk P-No.
CHINA OVERLAND TRADE REPORT. | matter was adjourned with a view to a compro- mise being effected. The petition was filed because she was unable to carry on the business owing to the high rent, she bad now come to terms with the landlord and with his Lord- ship's consent he would withdraw the petition.
Granted.
AN ABSENT THIRD PARTY.
Mr. P. W. Goldring applied for the public Be the bankruptcy of the Sze Long firm examination to be el sed. He questioned Tun Shun Tai as to the whe rabouts of one Lau Shuo, who was alleged to have deposited $1,000 in a bank in which witness was interested.
Examination closed.
BUILDING SPECULATIONS.
Connected with two firms, each of which failed, involving him in a total loss of $6.),000, Chun Hon Kai, publicly examined in bank- ruptcy, explained his losses.
Mr. Hursthouse, appearing for the credit rs. asked debtor if he was not the owner of an inland lot which he mortgaged for $81,000 There was a second mortgage for $2,00, a third for $25,000, a fourth for $12,00, a fifth for $8,000, and a sixth for $5,000. He almitted having after that entered into a sale of the Property free from encumbrances except the first mortgage and received $10,000 bargain
money.
Did you ever carry out your contract for the sale? No, the transaction has not been completed.
Did you ever return the $10,000 bargain money ?-No.
Then they have paid you $10,000 and got nothing for it?--That is so.
On the very day, 25th March. yon executed a further encumbrance, a mortgage for $8,000? -Yes.
And subsequently you executed a further encumbrance for $5,000 ?—Yes.
Although, with the exception of the first, you had offered to sell this land free from encumbrances you put on other two encumb- ranges after receiving $10,000 bargain money ? No that $8,000 was borrowed before.
As regards the proposed sale you further encumbered the property which prevented you carrying out the contract P—Yes.
money, $15,000?—The first and second were What did you do with all this mortgages
handed over to me.
|
third mortgage?—I bought a piece of land.
What did you do with the money from the Did the whole of your land speculations turn out badly -There was some profit. I
You would not care to take the risk ?-Wit-made no profit within the last three years. ness did not reply.
You think the "Hupeb" with her anchor and obain could ride out any gale in the open sea ?—A strong gale, yes.
And you would have no cause for anxiety ?- No.
—
After being questioned as to the steering of the "Hupeb," and the difficulty of steering during the towing, Captain Mathias said that, although he was not in peril, he considered it his duty to signal for a tow.
Why? The lives and property on board might be in pril.
And you considered, if you remained there, the lives and property in your care might be imperilled ?-Yes.
Captain Innes, Marine Superintendent for the Company, valued the " Hupeh" at £18,000 and estimated that it would cost £25,000 to build a new ship like the "Rupeh."
Counsel addressed the Court and his Lordship reserved judgment.
Thursday, June 13th.
IN BANKRUPTCY JURISDICTION. BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
Yes.
Do you expect there will be any surplus ?-
From what ?-From plot 423.
411
Continuing, debtor said he put $3,000 in cash- into the basiness and later on $910 more, Ho borrowed $3.000 during the first year and $6,000. wharf was changed it made a difference of from during the second. When the Kowloon ferry $300 to $400 per month. He had told the landlord that he could not pay the rent and a reduction of 825 was talked of but never his estimated assets $16,500, of which ́$11,900 ratified. His liabilities amounted to $26,600 and
were book debts.
The examination was closed and the Official Receiver applied for adjudication, which was granted.
Mr. Kemp also applied for an allowance for the bankrupt. There was a sum of $4, 00 in still outstanding, which would be difficult to cash in band and about $6,000 in small accounts
coll-ot.
Mr. R. F. C. Master and M. D'Almada opposed the application unless a reasonable time were set as limited.
Lordship granted $300.
Mr. Grist supported the application, and His
CANTON.
(FROM OUR CORRESPONDENT.)
June 12th.
ACCUMULATING BUSINESS, The following is a translation of a notifica- tion issued by Viceroy Chon Fa:-
Chou Fu). I have received a cablegram from "This notification is issued by me (Viceroy
Peking for Canton on the 2nd day of the 5th Poking stating that the new Viceroy will leave
moon; in delivering over all provincial official affairs is consequence of which the date for approaching. The gentry and general public any petitions on and after the 3rd day of the are requested to note that I will not receive
5th moon.
of Kwang Tung and. Kwangi Provinces are All gentry, merchant, and psop's requested to obey and respect this notification.”
arrival Í have it on the best of authority that Viceroy Shum will find his hands full on
been shelved pro tem, and are awaiting the new numerous cases both foreign and Chinese have Viceroy's arrival for settlement. This step is great inconvenienes all round. characteristically Chinese, and is becoming a
SHUM'S APPROACH,
Peking stating that Viceroy Sham would Local authorities received a telegram from
embark on the 8.8. S wangtao for Canton on the 3rd day of the 5th Kwong Lee" at Ching. moon and will proceed direct without calling at Shanghai. Viceroy Chou Fa received a tele- gram from the new Viceroy stating that the latter official heard that the present Kwong Chow Profect is about to vacate his position and
You know it has been sold by the first leave Canton and requesting H. E. Chou Fa not mortgagee ?-Yes.
There is nothing left ?—Yes,
from that?—I bad half of it.
How do you expect there will be a surplus
that P-Yes.
But nothing now will come to the estate from
Mr. Hursthouse asked that a prosecution be directed.
the sale of the land first mentioned. Debtor The Official Receiver questioned debtor as to said he could have paid off the mortgagees if property was sold by the creditors for $140,000. the sale had been allowed to go through. The Examination closed.
Mr. Hursthouse then made formal application had attempted to defraul his clients out of that a prosecution be directed inasmuch as he
$10,000.
His Honour-I don't think you will get a conviction on that.
A HOTEL-KEEPER'S FAILURE.
to permit Prefect Chan Mong Tsang to leave until his arrival,
PRESENTS.
has received ten pieces of silk and other valuable Marquis Li, Lieutenant Tartar General here, articles from H. M. the Empress Dowager as a present. A special official was delegated to Caaton to deliver the present to Marquis Li.
KULANGSU (AMOY) MUNICIPAL COUNCIL.
Minutes of a meeting of the Kulangen (Amoy) Municipal Council, held at the Board Room, on, the 21st May 1957.
C. A. V. Bowra, A. F. Gardiner, Huang Ts an Present: Messrs, W. H. Wallace (Chairman)
chew, S. Okuyama, W. Wilson and the Secretary.
1. Mr. Wilson takes his seat, vice Mr. Marshall, resigned.
2. The minutes of the last meeting arə read,
The public examination of R. Matthaey, late of the Occidental Hotel, Kowloon, was continuand confirmed. ed. Debtor said he was a civil and marine engi-
neer.
He took over the Hotel in 1904, having OPIUM DEALERS FAILURE,
had no experience in that line before. He paid Be the E. Yuen firm of opium dealers, Mr.
a deposit of $500 and went into possession in Morrell, from the Crown "olicitors Office, said January, spending over $2,000 in painting and the firm had issued a notice suspending payment not including an extra $50. The hotel, includ- alterations. The rent was $1,100 per month of debts. The assets amounted to $200,000, and the liabilities to $360,0 0. Sent to Chaming the ground, would have cost about $50,0 '0 bere.
WITHDRAWN.
In the case of Esther Oliver, of the New Travellers' Hotel, Mr. E. J. Grist said the
His takings amounted to $4,00 or 8,000 per month.
What were your expenses ?—I do not know; I never had any money over.
3. A letter is read from Mrs. T. C. NichollsTM complaining of certain trees planted on the tennis ground. It is decided to inform Mrs. Nicholls that the trees were put up by the Cou cil to provide a better light for the tennis possibly be considered a nuisanc-, but if, in players. That the tress at present cannot time to come, they should prove a source of
noyance, Mrs. Nicholls should approach the Council again on the subject when, no doubt, the Couugil will endeavour to meet he objections.