SUPREME COURT.
Thursday, November 29th.
IN BANKGUPtu】 JurisdicTION.
Devore The Chire Justice (SID
FRANCIS PIGGOTT.)
CHUNG SHUN Koo's bankruptUT,
His Lordship gave judgmont in the series of motions concerning the bankruptcy of Chong Shun Koo na follows :-
THE HONGKONG DAILY PRESS, FRIDAY, NOVEMBER 30гn, 1906.
murd be voted by three-fourths in number and value of those present and "entitled to vote." This condition was not satisfied, some of the claims baving been disallowed for the purpose of rating, because the oreditors were not present either in pores or by proxy. But it would have been satisfied if Mr. Ho Tung bad not voted for the fullament of hisdebt. Ha has, therefore, by his vote prosented the special resolution from being pussed. With regard to the Ofoial Rensiver's procedma I think it would be better that the Inet should be noted whether or not the requirement of e. 18 (1) has bean complied with, But it was said that even if it bad been passed the scheme was not such as the Court would have approved. Now, so what follows: The Trustee who wasappointed oz 13th Sept., 1906, immediately after the papers were handled over to him, preceeded as if the requirements of a. 18 (2) had not been complied with that is that the resolution required the support of three-quarter of the creditare, This judgmentsplan has proved": "this is expressty referred to in Mr. Lowe's affidavit of Ist November. He saythereason why the scheme of arrangement mentional in paragraph 4 of the dakior's davit fia, the scheme pat to the croditor's meeting of 3rd August) was not proceded with was because the solio me was not voted by a mejority in number representing thro
The unfortunate debtor in this case, has beou, the victim of a perfect Comedy of Errers. Up to the time of judgment in the action brought by Me. Ho Tung against bim, the errors were of his own making: Since then they have been made by his opponents: and, having already seen the ms in the witness box, I am not at all surprised that the Trustep should bave found him so upset as to be unable to give any colerent account of himself or his uffire.
the
indeed porasted, that his motion was entitled to Į priority. But I am quite clear that although logic would seem to be on bis side, there was no reason for de parting from the anal praction of taking motions in priority according to their respective notices, eary in this case, because the Official Receiver And it was the mere necsS- had admitted the proofs, and therefore the creditors were entitled to be heard on their motion as if they were bonu da creditors. The course I pursued mareaver had the advantage of raveling certain misapprehensions in the bank- raptoy practice-quite apart from the essential, difference betwoon the 1st and 2nd sub-cortions of section 18, which I have already dealt with-- which I have now to attempt to set right. These creditors wore nasumed all the way through to be recalcitrant, because they declined to comply. with the trusted's request to substantiate the claims, replying that they had already been accepted by the Official Receiver; and no little invective was devotel to them, for assuming a position which, after very carefully considering all the arguments, I have corae to the conclu sion was a strictly legal one to assum Tha practice of appointing a trustee, in I understand of rare occurence, and the application of section
benefit of na execution unless he has completed it before the date of the receiving order, and before notice of the bankraptoy petition; that is, he shall be entitled to retain it if he has com plated it without notice of the petition. Then in the second subsection the maing of "com ploting an execution" is given, which naturally varies according to the kind of execution resorted to. Now, on the face of this section there is nothing which lisks it on in any way with scotion 30, which deals with secured creditors; thore is no word in sither which refers to the other or from which a reference to the other could be inferred. They deal with a different order of ideas; the first with creditors | who hold unrelised securities; the second with oreditors who have already onforced their claitas to the fall by process of low-its marginal no might well be Henti poss denter. The whole idea, however, coutros round the feet that possession of debtor's property has been oblained. Now I come to the different forms of execution—the different ways in will dispose of some of those errora; but
which possession may be obtained. In some cases, there is ens lial set of errors said to har
owing to the nature of the properly, possession been committed by the debtor and the
cannot be obtained absolutely, but only who allege themselves, to be his creditors
figuratively. In the case of lands, it is by the which will base to be unravelled hurenfier
attachment by prohibitory order with due Further, and as it were to complete the chain
registration in the Land Office, This is 20 les of over, I have the misfortune to take a view of the hw applicable to the debtor's motion quarters te value of the eviditers who had moveables; but owing to the fact that the sale
form of oxalias then seizure and sale discharge the order I made es parle, which prowd." The figures do bar out this state of land is not an expeditious neither Counsol engaged in the cass felt homment, and from this point of view Mr goods and chattles, this execution is deemed to the sale of alves able to support. Having given the Ha Tung's vote did not affect the proceedings,
bo comploted by the attachment, which is the mattor very careful consideration. I have eoma
But it is a wrong point of view altogether as I equivalent of seizure. There can be no differ in the colusion, for reasons which I will have already shown. Mr. Lowe then proceelses in the application of the principle of the presently state, that a judgment creditor is not to explain why he could not accept the scheme wear ion a secured critor except in some sprejst cases, which the tabor had brought forward, gising which is equined in order that a judgment to different kinds of properly, a variety of reasons, many of which are curtain-creditor shoul: rotniu what he has get ly a santial reasons. But this scheme was propounded because the first scheme lust been thing which hos ousted the olnim of the debtor, is something to show that he has got it: some defeated by Mr. 11 Tang's rote. I cannot if not to his possersion as owner, at least to his assume that the first, scheme would have boon exercising his rights az owner. objected ta on the same grounds. I cannot al from dealing with it as owner, because in oven expres decided opinion on it; but in rend the view of the few orocution upon it is deemed ose rights are vested in him, if it is possible ed a probibitory order is a secured creditor. Mring the abretions formulated by Mr. Lowe, the to bo completed, he has in fact been dispossessed. for the Court to wet them right, the rensen. Ho Tung baring on 25th June, 1906, obtained a
following oligarcations onenr tomes But it is said all this goes to show that being that it is not advisable that people who judgment, and on 29th June, 1966, obtained a prohibitory order, when he came to prove his ways that has deposit, in the Bank proposed in respect of lands against the owner of which
are directly and pecanisrily interested in the claim in the debtor's bankruptcy, swore on the referred to in the scheme is, I understand, the mentoreditor in a secured creditor, because prejudiced by errors which he may commit. not guarranted, Chung Chim vai prohibitory order ban been granted the juig Trustee's conduct of the proceedings should be anital assured cerditor's form that ho belit no
same perser ឆន security. The fact that he was a secured creditor offered to pay the money in the first scheme.
Chung Cheung-kwai who this croates a charge on the land, out therefore The Trustee has simply failed in his duty, to the extest of the valas of the proporly But the criticism does not necessarily apply to secured creditor." This definition is "a person J. 967). But this does not mean that that this brings it within the definition of that is all" (see Day Jin ro Sisaling, 62 attached having gouo out of his wind. It also the proposai in the first scheme, bocause under holding a mortgage, charge or lien on the proper- escaped the ascol'ection of his solicitor. From that the 20 por cant. was to be paid by Changty of the debtor or any part thereof as a
therefore the express provisions of the statute this mistako he sought to be relieved, on the Cheung-kwai, the debtor's brother, in thewontheurity for
are to be ignored, and the offer may not, in groand of inadvertance. This application was of August. Mr. Lowe may have had objections the
a debt due to hire from complete disregard of them. The key to the mude to me ex parte and the Trustee consenting
the Official Rooniver handed over to him all debtor." No part of this defini. position is the meaning of the words "receiving I made the order, which the debler now seks
A proof." After the trusten had been appointed
the papers including the proofs which he had himself received and it was frosted as if the date
I must work out the consequences of my view myself, and giro judgment accordingly. But na it is perfectly possible that either party may feel aggrieved by this view, and may wish to appeal, i think it advisable to decide the points involved as they were argued. First, then, I will assume that a judgment creditor who has obtain.
#88
to him des not seem to have so yet bonu caidored by the Court. The words are-
tend the time, the maial Rrosiver or subject to tho- power of the Court to
ing a proof, either admit it, or reject wholly Trusten, shall, within 14 days after eceiv
or in part, or require further evidence in support of it, and shall aptify the decision to the creditors at the next general outing."
therefore not to be construest 100 atriely. I I may del at once with the argament that these provisions Hra "directory," and are
to be that they are directions to an officer of gr; but I understand the meaning of this
the Court and that the consequeness of slips ou
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he sat in motion by the Official Reonivor
this branch of the case seem to be clear that ROBINSON PIANO er if be his panaad on his Innefians, by the trustee. This English cases which deal with
trustee under the section have been exhausted, when the powers of the Official Receiver or the
He is prohibit his part will not be pressed too hardly and that there is no limit to the time during
the application must be to the Court to expunge, { against him, or rather against the persons which this may be done,
motion as if it were such an application. It I shall treat the
a
How
will be advisable for the irastes to consider sa to which of the claims bo thinks it expedient to press the motion. I shall deal with the question
of costs hereafter.
In reply to Sir Henry Berkeley, the Chief | Justice said he would not deal with the question of costs until the whole action had been disposed of. With regard to Chan On's claim of $62,000, the mattor could be brought up with Chan On bringing an action against the
which His Lordship said he would reverse his trustes to recover.
decision on the points raised.
Legal argument followed, at the close of
bankruptcy of Chang Shun Koo was made by APPLICATION TO DISCLAIM
Sir Henry Berkeley, K:C., who applied to dis
Another motion in the proceedings anent the
claim the lease made between the debtor and the Hongkong Land Investment Company as issors. Mr. H. E. Pelleck appeared for the Company. on the 14th June, 1905. It was to take effect Bir Henry Herkeley said the lease was made on 1st February, 1906, und war for ten years. The lessee was adjudicated bankrupt on 13th September, 1500, and Mr. Lows was appointed trastee on the same day. Loker and Dracon were employed by Mr. Lowe Mears, Descon, as his solicitors, and at that time the firm
lao solicitors to the Lad Investment Company. On the day after his appointment as truste Mr Lowe went to
to see bis solicitors and informed them that be desired to disclaim this claim from អ យ
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to this, but I do not find any statement of them. tion fits on to the position of the judgment The objections which are personal to the debtor, creditor dealt with in section 38, to set aside. The inadvertence of the dicitor may perhaps have been advanced against the boing sworn fe, I am willing to avenpii so far first scheme, hat the bribery,' (ie, the pointing against a debtor be said to hold & security for £ cass a person who bas completed occation as he is concerned: though the dubter is justified out to the Trastre that it was to his personal debt Nor can the attachment by prohibitory of the trustee's revising the proofs from the in reserving the right to ask for further evidence interest to nesapt the scheme-and which, I order be said to be a charge on the land. Official Receiver was the date from which the of the inadvertence of Mr. Ho Tang himseroed hardly bay, was most reprehensible) occurred should it became pecessary.
But in the view with regard to the neoplanes of the now charge on land aa à legal terms menus a burden 14 days were to run. I am of opinion, that this is that I take of the consegnences of the mistake, scheme, and might not have occurred at all imposed on land belonging to and in the grairing a proof" moans receiving it it is unmcessary to go into this question; for if the old wheme had been adopted, or at possession of the owner which does not prevent from the creditor, aut is a technical expression be is aul entitled to relief if bía proof us an least cansidwad. And with regard to the him dealing with it, but which limits his powered for fixing the date on which a creditor is unsecured creditor has been prejudicial to the allegations that the debtor did not disclose 11 of dealing with it ofherwise than as rabot to said to have proved. This established, the rest debter, though I am bound to say I do not find his property, and that the Trustee had the the charge. But the completed execution is follows easily. The Official Receiver and the law applicable to the particular creamstances greatest difficulty in obtaining any informa- something much more than this, the seizure, trustee are used in the alternative in this sub-
DANCE MUSIC of this as very clear in the cases cited. In tion from him about his affairs, what I said or what is the same thing the attachment, has section as throughout the Ordinayor; either 61p. Clarke ra Burr (47 L. T. 292) the Judge daring the argument about the debtor's state dispossessed him-the most effective taken of of them may receive proofs, and thereupon
JUST ARRIVED. undoubtedly lays down this principis: that a of mind man not be understood to mean that I his dispossession is the order prohibiting him within 14 days, may do what the sub-section creditor who has voted and omitted to value intend to palliate his conduct, but that the from alienating it, and all other persons from enables them to do. Some proefs were received
Hongkong, 29th November, 1908. 016 his security might always to be allowed to time has not strived for me to deal with it. I receiving it. The Land Offer, whose learning by the Oficial Receiver, and some by the withdraw his proof, and to be relieved from | adopt the words of the Trustee himself. “The
trastes; and in respect of the proofs received
His Lordship-It seems to me rather au being rerned to have surrendered his security debtor was a apset he could not exactly quite acknowledge, has drawn my attention to another have called on the creditors for furthered them to give notion to the company, and are to apply, for when you ture to the use of noless he has elected really to abandon bia Bay": that was his unhappy position all the aspect of the question.. It was express pro-evidence, and either of them might admit or tell Mr. Lowe that he had dona as instructed the Conrt you find another scolion which says tractrapley rdinaaro aaye, the roles of the Court seority: that is, unicus be bas emitted to do † way through, from the time of Mr. Ha Tang's rided by the statuto-1 and. 2 Viet. e. 119, 10, reject. There is nothing in the language of and that the Secretary agreed that, pealing apply to the Court. The same day Mr. Deacon that which he did it, deliberáfely, sud on action in this Court to his public examination : 1 that a judgment shonid operate as a ebergs on the sab section which sathorises the trustee to any application to the Court for leave to:
ted some other rules apply. purpose. If it has been done acciden ally, he and the worry of his mind was midoubtedly real estate: and the intention that the judgment whom proofs admitted by the Official Receiver old the property, the nature of their holding rupicy rules operating under the Home Act ought, cu such terms us the Court may think increased by the first scheme not going creditor should have a preference in bankruptag bara been passed on..to act as a sort of Court of | to depend on the decision of tho Court, rules of i It to inspese, to bo relieved from the lot of his rough. As to the debts of the ether in virtuo of nach chnege if entered up one year ¦ Appeal from the Official Receiver, and call for tmportanes of that was that the Company I
disclaim, the Company would continue to
His Lordship The difficulty I feel about the to the section, That Act is in fores in the farther evidenes to substantiate them for the Written to the Jabtor that they would not he roady going in, the whale must go in at once.
thing ix that if I agree to this amount Colony, as it was passed prior to 1815; but its simple reason that the period has gone by. And
till August, and an arrangement was mado rent should become due from 1st October. Mr. don't carry the matter any father. Section 4 Mr. Polinok-I subunit that sections 3 and 4 effect is modified by the Land Registration so far as the trustee is concertad there is no Lowe wrote reminding Messrs. Deacon, Looker clearly refers to ordinary practics in the Civil Ordinance 1943, which requires it
to be
"reception of proof" by him from which the and Disicou that through them he had Procedure of Courts. registered in the Land Office, In England the time can rus. When ones the Official Recover given the Company notice, because in the
Hie Lordship-Has the point, ever been Act has been modified, and it is provided has simitted a proof the simple powers of the meantime questione had arisen as to the notice, dunidad by 27 and 29 Viol, c. 112. s. 3, that jalg.tro offers are exhausted. I accept Sir H. giving leave in diseisim, leave should save He was now going to ask the Court that in
Mr. Pollook-I'm not aware that it has. dents are not to affect any land until it lins Berkeley's final argument in reply to Mr. Slade, off-cl as from 30th September because, had the been befor
Sir Honry-I don't know that it has ever actually been delivered in execution, which it that where a trustee has been appointed, he is and Investment Company bean tell at she has been held did away with the charge, and the successor in title of the Official R-cnivar
would not recognia the they
His Lordship-I must ensider it. disclaimer. The lease had been in erstereo since Jage, show very strong reams for not applying the Mr. Pollock thought, he would be able to assimilated the law affecting land to that;
but that makes the point plainer, for a fucoesser Jat upon the file and the same principle is angecured creditor prevented a scheme from affecting parsorality in respect of judgments which his predecessor in title has already
in title cannot exercise a second time rights not commoned until 1st October, 195 compars sutisection 3, section 48 of the
1905, and by the agreement made payant was rales
in this sake.
He asked his Lordship to i going to its second atago in which this fund That Act is not in force in the Colony. The exercised. Aud the same argument must apply so the money was
The truste wished to
to disclain from the Hankruptcy Ordluance and eubaction 3, suction ! Saptaraber, becaus the terms of the 55 of the eglish Act of 1883, and said it was
be pail ju advance. The to the power of the Court to extend the times trustee informed the Company that they were rule in the interpretation of statates he might by his vote hare creditor, which would prevent the fand beige judgment in the Land Office a year prior to the to reject, or to require further evidence, I ought to be disclaimel and $75 ought to be it was to be presumed that anch omissions word
to extend the time to do what? To admit, or going to disclaim before that time. The lease and
that where one section was copied from another, aud where certain Company that it would be unfair to say that he raised by the Trustee to the new scheme shows bad a charge execatinu could not give it to him do not think either of the officers, having paid by the Land Investment Co. into & geberat intentional. Ho asked his Lordship to compare Omissions were fouad,
in all the lore of his office I must here by them respectively, either of them might the Land Investment Company and instruct.extension of language to say, where the Bank
bofore the bankruptcy is expresat in the proviso
the
security. To that case is true the creditor ereilitars not being valid debts, that un. had voted; but his vote seems to have had no doubtedly would have been raised to influence on the result of the meeting one way feat acheme, but that is the subject of a or another; and thi being so, the principle is special motion before me, and would have been easy to be puderstood. This case seems to lay dealt with then, as it will be dealt with now: stress on the uscessity of the creditor having The gist of the objections was undoubtedly acted advertently. But iu vu Safety Explosives the fact that the kosbold properties which Co. (1904 Ch. at p. 235) the same learned were relied on to produce some, or the greater Judge, then L. J. Vaughan Williams, sail part, of the 20 per cent, formed the security inst it was not disputed that au amendment of which Mr. Ho Tang bold in virtue of his pro a preof ought not to be allowed if the posities hibitory order. But this is blowing hot and of the parties has been alterol since it was old. Mr. ilo Tung has by his vote us an
alluded to in the judgment of North, in re Læster exp. Huddersfold Bank. Thore also tha would have been available
sud he objects creditor had voted; and the learned Judge said to the second scheme brondse he is a secured "No doubs. succeeded in as altering the position of the available. An analysis of the objections
should be released from giving up what conclusively that the position of the debtor was he bas given пр in coneidoration of materially altered for the worse by the vote by souring the advantage which he had got inadvertance of Mr. Ho Tang £s an unsecured by his vote... I do zat find the vote creditor at the first meeting; and it is therefore really came to anything. The vote beim ossible to let him amend his proof, nuless an gavo did not alter the position of things so as order could be made which would restore the
to entitle the creditors to hold him to the vote statue quo ante.
effect of this is that the judgment creditor kas s charge on land if he has registared his
bankruptey, but not otherwise; and if he never
exercised
:
first
•had.
thest
to com-
6572
Mr. Pollock was going to submit that to Lordship. One wouldn't call bank-
Civil Procedure.
for that reason." So it is clear that even if thor. I dependent on whether the Trastes can succeed His proof was defective beesuse it was trusten is given a right of erercising a strict wise; then each was bound by the notion should be allowed his clients from October 1st
naither the express
leave
of
value of his security, the special resolution would proceed to state iny reasons for considering him fore the order which must be made is that his investigation. If a new Oficial Receiver haiotice was enfloient, Continuing verbalho quoted, that a security was not liable for
Cand, learing the Company to make a claim to the two important quis for the very good reason that it gave him or rejecting a proof, could then come to the assisired by reason of the disclaimer. Proced- and abmitted that thuss words were deli bornfoly
their power of admitting or
prave in bankraptay for any loss they may have and
in these sec than charge-the possession of the land. Ceart to extend the time-ie. to extend the ing, he remarked that the fact of Mr. Danoon omitted by the Legislature with an
therefore of opinion that Mr. Ho Tung was time to do a second time what they had acting for both parties was of considerabrost, he submittal that there was no an object. judgment creditor entitled to retain what be dono, or failed to do, one already. There importance, because notice to the solicitor wax without the leave of the Court haring made
possibility of an effective disclaimer bad obtained, namely, the realization of his must be some limit.
haring first been attachment on the debtor's lands, and that creditors generally, the Offici-1 Eleceiver or the
For the benefit of the Dotice to the client. If the Land Investment obtained. The only disclaimer that could have Company chose to employ the same soliciter say binding off it was eae properly made ander as the trustee, and if the trustes did like the Ordinance. He ales contended that rants But all this a obriously he was not to be treated as a secured creditor.
supervision over the claims of any individual uicate to them. On the facts disclosed the to date, and that they were entitled to keep the to the solicitor for the parties has been inadvertence, if the effect of the vote it knocking out the proof of some of the far too much, bai has been to alter this lebtor's position, the orcditors who provad. If he does, then the provision which requires him to value bisareslitors; but when once this supervision has trueles need not come before his Lordship at all
bankrapte epea until the lease expired. for leave. The notice given by the truster
His Lordship-Keep it open for 10 be will be held to bare abandoned Lie security. will be eutirely altered, and the question of the whole of his debt, that he would be held to have be affected vis a vis the offiours who are carry- Company not having within seven days open, but in sach a oase it would be a matter of proditor will be held to it with the result that figures on which the previous argument proceeds security, nor the penalty for voting for the exercised the individual creditor is entitled
Sir Henry Supposing it was a 999 years"
years? te soma protection also. His position cannot through the solicitors on the 14th September but I am disposed to ackl "unless things can t curlndement of the proof would probably abandoned his security, applies to him. I thinking out the Bankruptcy proceedings by the fact the notice, given notice of their intention.
was effective police, and the Land Investment Mr. Pollock-Technically, we could keep it put straight." Now let us see what happened in require farther consideration. So much for this I may fairly assume that Mr. Ho Tung would
arrangement. this case, If Mr. Ho Tung bo voted at the part of the case, regarded from the point of view bave valued his execution at $19,500, the value that there has been a change in the officer, and Admittedly the notice was a verbal one, but the
Sir Hoary contended, in viver of authorities creditor's meeting for his debt, loss his estimated of Mr. Ho Tung being a secured oroditor. I now be has put upon his so-called security; and there
a new brain has been brought to boar upon the party receiving it having
he said that our claim after the termination of the lease. O was deporited by way of security Regarding the re letting of the promises by the bavo been passed. The figures are incla- not to be a secured creditor. Sections 30 to 3 proof be reduced by that amount, but without be appointed, could he revise bis predecessor's with the Land Iareetment Company, but as this Land Investment. Ce, to penises by the sive on this point. As to this thure is a point of the Ordinator deal with "proof of debts," s. aay forfeiture of the rights which he has action Undoubtedly Lot. Now can a trustee debtor never went into occupation of the promise, that they should regard thomasives nasistent in the procedure which was adopted by the treating of the rights and duties of secured acquired under his completed execution. This who succeeds to the business of carrying on the and as the trustee gave a disclaimer which was for his clien Official Ressiver, which I think needs improve-creditors. Then two other subjects are dealt will restore the resolution passed at the first reference to the English practice which is mere bankruptcy. I bave purposely omitted any
acospted by the Land Investment Company and His Lordship reserved his decisiva. en which the trustee had acted, he naked ment. He wrote on the minutes of the mosting with "appropriation of assets," by sections 33 meeting of creditors, and as it is now a specialolaturately defined, because I think the meaning as a matter of milted that the bankrupt Berone HR. A. G. WISH (PUINE JUDGs).
the Court that the disclaimer must take effrot -"Resolved as follows: Mr. S. Bisney, proxy debts," by sections 36 and 37. Afterwards we ing required by x 18 (2 and 3) wust te chied. to 35, and property available for payment of resolution as required by law, the second meet.
faith. good of the sub-section is clear. But I think that Mr. Pollock for Mr. Ho Tung dissenting, that the debtor's
rule referred to by his learned friend was not in force in the Colony. He referred to gection 71 be accepted" This looks, and both Counsel for which are handed "effcot of bankruptcy on This order however must be in abeyance
contended Ho Tung and I, at Arst, thought this meant antecedent transactions," of which s. 38 troste until Ibaveconsidered the motion of the trustes practice. But the question of interpretation that from the wording of that section it was that the resolution having been adopted, the
of rights of exocation calling
settled, does it follow that the claims of clear that the intention of the Legislature nat to make sach parts of the Code of Civil Proce:
Bankruptcy Act, 1883 This section lays down I proceed now to consider the trustee's motion |
eridonos to substantiate them not be re- ments of the Court, or matters of that nature,
theeum of 87,250
proposal for a composition credit sat forth above come to another group of sections, 38 to 12, The question of costa Inst deal with later. Colonial procedure into line with the home of the Bankruptcy Ordinance and
the interpretation I have given brings the
of the restriction
of the some
creditors for
IN SUMMARY JURISDICTION,
ALLEGED FALOR IMPRISONMENT. The case was concluded in which Cheang Lai claimed fr Cheang Teui the sum of $1,000 damages for false imprisonment.
Mr. E. P. H. Larg (of Messrs. Dascon,
condition of s. 18 (1) had been fulfilled, and that ereditor" which follow . 45 of the English further proof to substantiate their claim creditore cannot be investigated, and further dure as related in particular to enforcing judgLooker and Denoon) appeared for plaintiff, and this was a "special resolution." But it the important principle that a judgment calling for further proof of the claims from quired? By no means; but the duty of doing applicableju bankruptcy, but they did nothin Mr. C. F. Dixon (of Mr. John Hastinga' office) not. In order to be a special resolution, itereditor shall not be entitled to retain the certain creditors. Sir H. Berkeley insisted, and this then lies with the Coar', which may
His Lordship held that the claim should have
to bring into force in this Colony any rules sa for defendant,
1
to masters already dealt with by the provision been for malicious prosecution, not falso im of the Ordinance.
prisonment, and dismissed the action.