August 19, 1907.Į
apropos whose alleged impending retirement such friends of China as are addicted to slangy speech will murmur "No such Not even the best informed dare luok." venture to propbeay what will happen when she does go, one way or another. The Em peror may be a vastly different person to what he was when she forcibly superseded him. He has had much to endure. But bis imperial aunt is the same implacable foe to change that she has always been. Being a woman, she caunot help herself. On big questions and little ones, her atti- tude remains firm, nue of devotion to the old order, before meddlesome foreign no- tions came to disturb Peking.
CHINA OVERLAND TRADE REPORT. the sum of $332.50 for professional costs, services rendered, work and labour done, and monies paid for defendant at his request in connection with the purchase by the defendant from Mok Ynk-tong of the remaining portion Marine Lot 71; also in connection with a second of seotion C. of the Praya reclamation to mortgage made by the defendant to Wong lu tang; and also in connection with a third mortgage made by defendant to Mok Yuk-tong. Mr. J. Scott Harston proved the debt, and judgment was entered for plaintiffs with costs. Wednesday, August 14th.
IN SUMMARY JURISDICTION.
101
trouble between the parties, but the plaintiff was to blame for not having paid up the money before. grounds for swearing those affidavits he should But as defendant had not sufficient
get some punishment. and costs.
He would pay $100
Thursday, August 15th.
IN BANKRUPTCY.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
APPLICATION FOR RECEIVING ORDER.
Re the Tang On firm Mr. J. H. Gardiner,
Apart from BEFORE MR. A. G. WISE (PUISNE JUDGE). (of Messrs. Bratton and Hett) appeared on behalf
the unforgiving attitude of those who can. not forget her share in the horors of seveu years ago, a share which we think has been too lightly overlooked by the diplomatic personnel at Peking, we would rejoice to find the news true. This happens to be a time in Far Eastern affairs when the re- moval of the arch-suffragette would help the development that must come, and so we hope that the date of her ablication may be as near as gossip has it, and that the abdication will be a genuine one, and not like that of the ex-Emperor of Korea.
SUPREME COURT.
Monday, 1th August,
IN SUMMARY JURISDICTION,
BEFORE Mr. A. G. WISE (PUISNE JIDGE).
A PARTNERSHIP DISPUTE. An interpleader suit was heard in the case of Chin Loi-wing of 147, Third Street, Victoria, trader, and Ma Sai-kat, trading as Wing Lok ku, opium divan keeper at 86, Macdonnell Road, Tsimobatsoi. The suit was for the recovery of $180 dae on a promissory note dated February 10th, 1906, and judgment was entered for plaintiff with costs. Subsequently the opium divan was seized under a writ of interim attachment. The present action was brought by gan Wing-lung, riosha owner of 120 Macdonnell Road, Kowloon, who claimed to be a partner in the Wing Lok-ku opium divan, and further that the goods and chattels in the said divan were not liable to seizure under soy execution in the case of Ma Sai-kat,
Mr. O. D. Thomson appeared for the plaintiff, and M. F. X. d'Almada e Castro for the execu- tion creditor.
Mr. Thomson stated that the opium divan was seized under a writ of interim attachment in an action brought against Ma Sai-kat. Ngan Wing-lung claimed he was a partner in this divan, whereas Ma Sai-kat said he was the sole owner, and when he started, borrowed $150 from the claimant. When Ma Sai-kat asked the
A MATTEK FOR THE RAILWAY. Alim Din sued Munshi Gulbark to recover $151.81, coolies wages appropriated by defend- ant to his own use.
alaimant to assist him in opening an opium divan at Tsimchatsoi, Ngan Wing-lung agreed, and $300 was put into the business. Then the claimant went into the ground floor of 86, Macdonnell Road, paid oue month's rent and proceeded to furnish the premises. The shop was ready on June 27th, 1906. On that day an account was worked out showing how much the plaintiff had paid, and a balance of $50 was now offered to Ma Sai-kat as a sort of working capital. On that day also, a partnership agree ment was drawn up between the parties.
After hearing the evidence his Lordship found for the claimant with costs. He held that Ngan Wing-lung was a partner with Ma Sau-kat in the Wing Lok-ku firm, removed the previous execution, and with Mr. Thom- son's consent made a charging urd r on the shares of Ma Sau-kat in the said firm.
Tuesday, August 13th.
IN SUMMARY JURISDICTION.
gdad de
Mr. E. J. Grist (of Messrs. Wilkinson and Grist), who appeared for the defendant, said he had referred the matter to the railway authorities but had not received & definite answer. He beard through his client that the olerk over there, who want through the accounts and settled them, would be in court, but he was not present. adjournment to enable him to subpœas the Mr. Grist applied for an olerk.
His Lordship suggested that the account might be referred to him.
Mr. Grist agreed, and the case was adjourned.
His Lordship-I should think we have half the staff of the railway here this morning, but the right man is not among them. (To Mr. Grist)--Are they all your witnesses?
Mr. Gristo, my Lord, His Lordship I'm glad to hear it.
CLAIM FOR WRONGFUL SEIZURE.
of the creditor to petition for a receiving order. The debts were $1000, due on two promissory notes, and the act of bankruptcy was that the debtor absented himself from the Colony,
His Lordship-That is not sufficient. You must prove intent to defraud or delay.
Mr. Girdiner-The intent is set out in the affida vit of the petitioning creditor who states that the argets are $300 and the liabilities $8,000.
His Lordship-I cannot infer from the mere fact of the man's going away that he left the Colony with intent to defraud his credi1ors.
The petitioning creditor was called, and stated that he had endeavoured to find the partners of the debtor firm on various occasions, but always without sucCESS.
His Lordship granted the application.
A SIMILAR APPLICATION.
Re Au Ka-po ez parte Li Kuk-Chau.
Mr. R. Harding appeared for the creditor and asked for a receiving order. He understood the debtor was not in the Colony and an interim receiving order had already been made. The act of bankruptcy was notice of suspension of payment. The assets were valued at $30,000, hut the amount of the liabilities was nuknown.
San Hing firm, sought to recover from Wai The amount due the petitioning creditor was
Ho Sam-yan, trading under the name of the Kong, trading as Wai Kong Koe, the sum of $500, 500, being damages for the wrongful seizure interim attachment, or attachment of plaintiff's property under an
Mr. E. J. Grist appeared for plaintiff, and Mr. F. X d' Almada e Castro for the defendant..
action 979, and stated that the plaintiff in that Mr. Grist referred bis Lordship to summary
applied for an attachment of the property of action Was the defendant in this, and the present plaintiff on the ground that he was removing his goods and obatiels from the juris. diction of this honourable court. Mr. Grist would be able to show his Lordship that the allegation was absolutely false. The plaintiff was a man with a considerable amount of landed property $26.00. He also had in his shop at the time of in Hongkong, which was valued at present at seizure goods to the value of $10 : affidavit filed at the time of the attachment said An the value of these goods was $300, Th action 979 the plaintiff's claim was for $71.94, and the amount he paid into court, including costs, Mr. Grist did not dispute that the defendant when he was served with a writ, was $125.
WAS entitled to issue a writ, because the money was due, by if he had not made an attach- had to pay into court only $18.10. Now he had ment of the property the plaintiff would have to pay $44 16, therefore he incurred actual loss by reason of the attachment and suffered damages impossible to estimate.
The man been carrying од business here for bailiffs in his house before. Necessarily the a number of years and had never had the people in the neighbourhood would think he was in trouble, therefore he must suffer damages to his reputation and credit. The ground of action in the present case was the falsity of the affidavit filed which led his Lordship to suppose that there was only $300 worth of property on the premises.
had
Mr. Almada-Plaintiff could have applied to have the interim attachment removed at once.
|
His Lordslip-Unless I know the liabilities I cannot grant the order.
Mr. Harding-There are substantial assets, my Lord.
His Lordship-Substantial assets to pay $500. I cannot grant a bankruptcy petition against a man worth $30, 0 be cause he owes you $500.
The case was adjourned.
AN EDIT & I DIFFICULTIES.
Pe Wong Sui-cheung ex parte the debtor. Barlow) applied on behalf of the debtor. the Mr. P. W. Goldring (of Messrs. Goldring and editor of the Sui Nin-Po newspaper, for a receiving order. The debts were estimated at $1,50 and the ass ts at $1,000. Granted.
SUSPENSION OF PAYMENT.
Re the Ki Cheung firm ex parte the Yuk Hung bank.
This was a creditor's petition, made by Mr. H. Hursthouse (of Messrs. Dentys and Bowley), for a receiving order. It was based upon notice of suspension of payment.
'
said the liabilities
u Man-yen, manager of the debtor firm.
$80,000 and $90,000 and the assets between were roughly between 340,000 and $50,000.
The application was granted,
SUPPRESSIO VERJ
}
Re Chan Siu-hon ex parte the debtor. This was a public examination of the bank- rupt by Mr. J. H. Bankrupt. Mr. H. G. C. Bailey (of Messrs. mp, Trustee in
Hastings (of Messrs. Hastings and Hastings) Johnsou, Stokes and Master) and Mr. G. appeared for creditor
Chan Sin-hon szi of the Tai Chuen at 245 Wing Lok Street, pie was formerly manager but relinquished
ne management about four years ago,
A employed, and lived on what he borrowed from ce then he had not been people. He had some lands which he mortgaged, and that mor n a share in pory went towards his keep. He had which of the Cheung Shing goldsmith shop The debt every years had not made any profits. to this firm amount to $38,300 odd dollars. man. the Ta police tor had overdrawn his account in
were being removed from the jurisdiction.
it hist ord, add a quarter share in this firm, and His Lordship was affidavits were sworn without sufficient know T. W. H. Jaddition to the $28,000 due to the of opinion that the wh. The corn on to the extent of $11,0 0, 'ledge of the facts. He thought there was some
"ad a loan of $1,000, while his asseta in the Tai Chuen and Cheung
Mr. Grist-That would have cost him money. This is the proper course, I submit.
Witnesses
Mr. Almada-I submit it is not. stated that goods were being removed from the
Baroen Mr. A. G. Wiss (Puisne JUDGE). shop and the defendant naturally believed they His ƒ4 bad al to the extent of about $28,000,
SOLICITORS AND CLIENT.
Messrs. Ewens and Harston sued Lan Sik- ying, trader of 8, Circular Pathway, to recover
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