May 16, 1908.]
SUPREME COURT,
Wednesday, 13th May.
IN SUMMARY JURISDICTION.
BEFORE ME, H. H. J. GOMPRETZ
(ACTING PUISNE JUDGE).
A CONTRACTOR'S CLAIM. Leung Hing sued the Wing Cheung Lung firm of 39 Queen's Road East, contractors, and Chin Kan Shan, a partner therein, for $789.95, being as to $351.17 balance of a sum of $2070.83 agreed to be paid by the defendants to the plaintiff for the erection of a pier off Marine Lot No. 35 under a contract dated 9th August, 1907; as to $222.33 the amount agreed to be paid by the defendants to the plaintiff as compensation for extra work dine by the plaintiff at the request of the defendants; as to $26.67 for money paid by the plaintiff on the defendants' behalf at their request; as to $1.78 for extra iron material supplied and work done by the plaintiff at the request of the defendants in connection with the said pier and not included in the contract; and as to $46 for damages occasioned to the plaintiff by the defendants by reason of the latter failing to supply plaintiff with material necessary to carry out the erection of the pier and thereby occasioning delay.
Defendants alleged that sums should be deducted against the money paid by the defendants to the plaintiff or to other persons on behalf of the plaintiff. They said they had a claim against plaintiff, after, iving credit for the $2070.83 the agreed contract price for the work done and material supplied, of $82.33 for moneys paid to plaintiff or to other persons on his behalf.
Mr. Holborrow of Messrs, Deacon, Looker and Deacon, appeared for the plaintiff, and Mr. Gardener, from the office of Messrs. Brutton and Hett, appeared for the defendants.
Evidence was called at length, and the case adjourned.
Thursday, 14th May.
IN BANKRUPTCY JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR
F. PIGGOTT).
APPLICATION TO ANNUL.
Application was made to annul the bankruptcy of James Campbell Logan, Mr. M. D. Stephens appeared for the bankrupt and Mr. Crowther Smith for Mr. Watkins, one of the oreditors.
Mr. Stephens said that the consent to the application had been signed by all the creditors with the exception of Mr. Watkins who was the cause of the bankruptcy proceedings. He had commenced an action and the petition had been filed to protect the general body of creditors.
His Lordship-That remark applies to almost every bankruptcy. Why should he be left out P Mr. Stephens-Watkins was endeavouring, if I may so, to steal a march on the oreditors.
His Lordship-He was only exercising his legal rights,
Mr. Stephens-The bankrupt has assets to meet all his liabilities,
His Lordship-I thought you excepted Mr. Watkins.
Mr. Stephens-Ob, no, we intend to pay him, but he wants his costs and we don't think he is entitled to them because he did nothing to protect the estate.
His Lordship-What are your liabilities? Mr. Stephens-About $15,000. His Lordship-And the assets ?
Mr. Stephens-They are sufficient to meet the liab lities in full.
His Lordship-When P
Mr. Stephens Almost immediately. About 70 per cent, will be paid at once and the rest in about a month.
His Lordship-What security have you? Mr. Stephens-There is the present stock in trade and a steam launch.
Mr. Smith objected to the bankruptcy being annalled until the creditors had been paid in full.
His Lordship said the Court could grant the application if the debts were fully secured.
CHINA OVERLAND TRADE REPORT.
Mr. Stephens added that the only creditor standing out was the one who had caused them to go into bankruptor.
His Lordship thought debtor bad better go on paying off the debts and let the matter stand over for a week,
This course was adopted.
AN INTERESTING POINT.
Re Mabo ed Omar; petition in bankruptcy, Mr. Grist appeared for the debtor, and explained that the debtor was in receipt of a salary of $60 a month and pressure was being brought to bear upon him to pay some of his liabilities which amounted to $140). He could pay $20 a month.
His Lordship-That means seventy months. Mr. Grist After be has paid fifty per cent he could come here and ask for a release.
His Lordship-If the creditors chose to do 80-they can. I cannot.
The Official Receiver said there had been several such cases before but they had never been satisfactory,
His Lordship declined to grant the application.
IN SUMMARY JURISDICTION.
BEFORE MR. H. H. J. GOMPERTZ (ACTING POISNE JUDGE.)
A PARTNERSHIP ISSUE, A trial of issue to decide whatber Ng Kan Shang, one of the partners in the Yaen on Company, had authority, expressed or other. wise, to give to the peti ioding creditor, Ng Tsing Wa. notice on the 27th January last purpor iug to be a notice from the debtor enm. pany of their intention to susperd payment of their debts, was set down for bearing. Mr. P. W. Goldring appeared for the petitioning creditor ia bankruptcy, Mr. Crowther Smith for the managing partner of the debtor firm and Mr. F. Dixon, of Messrs. Hastings and Hastings for the other two partners in the debtor firm.
Mr. Goldring said the bankruptcy petition was filed in the early part of the year and subsequently a receiving order was made. On the 10th February Mr. Dixon's clients filed a notice of opposition disputing the act of bankruptcy and affidavits were filed. The matter came before the Chief Justice and he with all the affidavits before him made a receiving order and subsequently directed that those issues be tried. He contended that the matter was res judicata, that a receiving order baving been made the matter ended. The proper remedy was for the two parties who disputed the bankruptcy petition to apply to have the receiving order rescinded on the ground of fraud or otherwise. With all due deference he thought the Chief Justice had not followed the procedure laid down in the Bankruptcy Ordinance and he contended that bis Lordship had misconceived the way in which that matter should be dealt with. Where there was opposition no receiving order should have been made and the proper course was to apply for the rescinding of the receiving order. Mr. Dixon mentioned that his Lordship had no power to deal with bankruptcy matters in that ourt.
His Honour-But the Chief Justice has consented to it being set down for trial. Supposing I find in your favour, Mr. Dixon.
I can
Mr. Dixon-There will be no act of bank- ruptcy, no petitioning oreditor's debt. formally bring the matter before the Chief Justice who will dismiss the whole petition. We say the act of bankruptcy is not an act of bankruptcy. It was committed by a person who had no power to commit an act of bankruptcy.
Mr. Goldring The Chief Justice found there was an act of bankruptcy or he could not have made the receiving order.
Mr. Dixon-The issue is as to whether this man had the power to give notice to the p-ti- tioning creditor. My case is that this person stole the chops of the firm. He was ultimately arrested by the Official Receiver with these chops in his possession.
His Honour-Your case is one of fraud ? Mr. Dixon-Yes, He conspired to bring about the bankruptoy when the firm was quite solvent.
His Honour-Then the matter will go back to the Chief Justice who would rescind ?
317.
Mr. Dizon-He said he would, my Lord, Mr Goldring-I don't see how you can send it back, my Lord. If the Chief Justice has granted a receiving order he must be satisfied that the proceedings were in order. Perhaps he had no business to make the order but having made it be could not
go back.
His Honour-I must decide this point for myself. It may be out of my jurisdiction. You say the Chief Justice found that an act of bankruptcy had been committed.
order could not have been made,
Mr. Goldring - Yes, otherwise the receiving
Mr. Dixon explained that subsequently to the receiving order having been made a meeting of creditors was held when it was decided that the proceedings in bankruptcy should be adjourned sine die till after the trial of those issues.
His Honour-These are not proceedings to set aside an order of the Court on the ground of fraud at all?
|
Mr. Goldring-No.
Mr. Dixon-I hope you will ask the Chief Justice before you give your decision. The receiving order was made simply to protect
the esiste.
His Honour reserved his decision.
A TYPHOON MEMORIAL.
Another illustration of the good feeling which obelisk erected to the memory of the five orists in this cosmopolitan community is the marines belonging to the French torpedo boat destroyer "Fronde" who lost their lives when the vessel
in was wrecked
t-mber, 1906, This memorial was subscribed The memorable typhoon of 18th Sep- for by members of the British community here and the graceful compliment will be fully appreciated by our Gallio neighbours, May 14th a large
to
On
gathering asse u bled witness the unveiling ceremony which was performed by Mademoiselle Morel, the daughter of the Governor of Tonkin. The event was certainly unique, and the brilliancy of colour lent by the various uniforms was worthy of the interesting occasion.
The obelisk stands in a conspicuous part of King's Park where it can be readily seen from Robinson Road and Gascoigne Road. Its height is 36 feet 6 in, and it is built of granits with marble tablets on the four sides. On one side is inscribed in English the following "Sacred to the memory of Jean Bonny, Charles Meuric, René Derrien, cbief petty officers, Narcisse Bertho, Joseph Nicolas, of the torpedo boat destroyer "Fronde" who perished at Hongkong in the typhoon of 18th September, 1906." Another tablet bears the following: "Erected by the British community inscriptions in French. of Hongkong." The other tablets have similar
K
For the occasion the obelisk was appro- priately draped. Bunting surrounded it and streamers were suspended from the top to the railings which formed a square enclosure. In- side this was erected a small platform on which the principals in the ceremony were accom- modated. Soldiers of the Middlesex Regi- ment, a number of British tars, and a detach- ment of French bluejackets lined three side 8 of the square
while the band of the Middlesex Regiment took up a position Dear the monument. His Excellency the Governor, who was received with a salute, shock hands with Commander Fournier of the French orni gr Alger", Commander Andouard of the French gunb.at "Argus," and Mr. Gaston, Liebert, the French Consul who wore many decorations on his breast Mademoiselle Morel, who was accompanied by Madame Martý, having arrived, the party proceeded to the platform. Besides those already named there were on the platform his Lordship Bishop Pozzoni, Sir Paul Chater, Captain Taylor, A.D.C, and Mr. Brackenbury. Among the o hers present were Colonel Darling, Commodore Stokes, Captain Nugent, R.N., Hon. Mr. Gompertz, Hon. Mr. Rees Davies, Hon Mr. May, Hon Dr. Atkinson, Hon. Mr. Chatham, Hon. Mr. Basil Taylor, Mr. Leiria, Vice Consul for Portugal and others.
The ceremony commenced with prayer by Bishop Pozzoni, after which
HIS EXCELLENCY addressed the company. Ho gaid-Ladies and gentlemen, soldiers and sailors