SUPREME COURT,
Thursday, 17th December.
In ‘ORIGINAL JURISDICTION.
BEFORE THE CHIEF Jusrior (SIE F PIGGOTT).
VORECLOSURE ACTION.'
THE HONGKONG DAILY HRESS, ERIDAY, DECEMBER 1801, 1908.
or to be more precise, sealed and certified copies of entries in his registers, Is the Registrar- General, and I am not aura but I do not think that oven these are made conclusive evidence of the facta confünof in the entries. Then thir certificate says that having read these two affidavite the Governor has satisfied himself that Wei Long Shan tras born in the colony and the Emperor of Chins being at smity with the The Hongkong Fire Insurance Company Queen of England at that time the Governor brought action against Le Kwong and the Yuen pellaves him to be a British subject but this is On Insurance Exchange Loan and Godown Conon exqutter. If the person to who the Ltd., to have an account taken of what was due certificate is given was born in the colony he is to plaintiffs for principal and interest and coste British subject. There is no ground for belief under an indenture of mortgage by which the disbelief. The fast is both the instructions first defendant assigned to them certain proof the Secretary of State and the opinion of the perty in burity of the repayment of $50,000 Law Officers have been misconstrued by the drafter of the form annexed to the instructions, Ton. Mt. H. E. Pollock, K.C, instructed by The belief, the expression of which is sanctioned, Br. Atkinson, appeared for the plaintiffs, desis as to the fact of birth in the colony from fendants being unrepresented.*.
ME Leefé, hecretary of the plaintiff, company having stated the particulars, his Lordship grantel a foreclosure decree.
prid and for foreclosure.
BANKRUPTCY JUBISDICTION.
BEFORE THE CHIEF JUSTICA.
M
A QUESTION OF DIFFERENTIAL TREATMENT.
cent to the Chinese èreditors. If all the Chinese
a
CANTON,-.
FROM OUR CORRESPONDENT.
December 16th,
SMUGGLING OF AMMUNITION,
THE CANTON-HAMKOW BAILWAY. It is reported that during the last three or four weeks the Canton Hankow Railway Class pany have collected over $5,000,000, due on the korond instalment of the shures. This sudden
THE
SOLE AGENTS.
bhange is attributed to the decision recently MITSUI BUSSAN KAISHA made by the Central Government to rais funds from foreign contries for the construction of the Hunan and Hupeh sections of the live and has noted as an impetus on the shareholders of the Kwangtung section of the Railway, This will, no doubt, set operations in full swing here,
1
INTERESTING SHIPPING CASE AT SHANGHAI:
Z
TO BE OBTAINED EVERYWHERE,
DRINK
"ASAHI" & "
SAPPORO” BEER
[1559
INSURANCES
OF HAMBURG.
AGENTS for the above Company, aro at Current Elites.
The Commissioner of the Koong Pak Customs near Minoo has reported to the Viceroy that the Custom House officers there have seis: 1 a quantity of ammunition on board the small steamer Cheong Kong. The ammunition was packed in two cement barrels purporting to contain cement. They contained & packages of gunpowder weighing 111 calties and 20,000 peroussier caps. The Captain of the versat declared that he was ignorant of the contents of
In the United States Court for China, at the barrels. Upon making further inquiries it Shanghai, on the 11th inst,, the Hon. L. R. we discovered that the nummunition was ship Willey, Judge, rendered judgment in the case pad, by an arms store in Macae and consigned of Morris Ginsburg and Marcus Meas (00- which the legal consequenes of British nation to the Yes Shing shop in To Huk Street in the partiers doing basins under the name and style of Ginsburg and Company), verace 8. ality follows. It is very necessary that such town of Kwongloi near the Sunming City. Zimmerman (doing business under the name certificates if they are to be isoned at all should The Viceroy immediately cabled instructions to and style of 8. Zimmerman and Companyh be drafted with extreme care. The ides in which the Sunning Magistrate to arrest the proprieter Fillis and sys) appeared for the plaintiffs, and Mr. W. S. Fleming and Mr. J. Haya (Mew. they were allowed clearly was that nothing po- and the managers of the Yee Shing shop and Mr. J. W. Rice, on behalf of Messrs. Jernigan sitive should be stated and the statement of have them tried sud panished. Yesterday His and Fessenden, appeared for the defendant. belief must be limited to the fact of birth in Excellency received a cablegram from the Sun- The judgment was as follows the colony. Otherwise the issue of the ning Magistrate saying that upon receipt of the following facts On the 23rd day of March, The evidence in this case established the certifloates may be attended with consider Vicoroy's telegram he immediately went per 1907, 8. Zimmerman, defendant herein, executed Bs Ho Shin Chan, application for approval abis danger, for I understand that they are surally to To Hak Street in Kwong Hoito investi a certain charter party with Morris Ginsburg of a scheme of composition, his Lordship doll sometimes vised by foreign consuls for use in gate the matter but was unable to find any shop and Marcus Mess, plaintiffs herein, and owners illustration, a trustee should purchase a house at vered judgment as follows: I toked to sanction a scheme of composition by which it foreign ports and it may well be that, being sorresponding to the name given by the Viceroy of the steamship Maori King, for the use and his own sale, and before the purchase could be
hit of said steamship Muora King for a period set aside he should lease the property sourcy THE GLOBUS INSURANCE COMPANY is proposed that sixty per cent, should be paid ander the soal of the colony, they would receive However, he subsequently discovered a 'grocer's of three months, beginning on the 24th day of ed to an individual, who should use and occupy
a larger messure of credence so far as the fact shop in that street, named Hop Shing, and upon March, 1907, with the
option of renewal for an it under his lease without inconvenience or em to the European oreditors and twenty-five Prof birth is concerned than they are entitled to making inquiries the inmates informed him that additional period of three months. The rate to barrassment. The fact that the title to the hundred and fifty dollars ($8,750.00) Mexican defence to a suit by the trustee to recover the expiration of the above-mentioned period. the view of the fact that the transaction complained defendant was to pay for the use of the same af in no wise affected the defendant in the ad for the extra time she was in use at the in the use of the vessel, this contention would above mentioned rate. The steamship was to seem to be without merit. be re-delivered in good condition, and any Tacking to the second proposition, that TILE INSURANCE COMPANY. time ocompied in making repairs should to enforce the contract in question would he to count the same as if the vessel were in use under violate the public policy of the United States, it the barter party. Purasant to the above-men- would seen, that this proposition is Brewise tioned agreement, on the 24th day of March, without merit. Sections 2159, 2160 and 2161 of 1907, the defendant took delivery of said steam the Revised Statutes of the United States ship and kept control of her continzously until provide that if any vesel belonging in whole or a citizen of the United States, or in part to the 4th day of Novermber, 1907. The testimony shows that the Moort King was used for the registered, enrolled or licensed therein be employ
Cayma in old Mexico. Plaintiff paid for the also provide that any person who builds or its city, af Vladivostock in Siberia to the city of to seizure and condemnation These statutan
until the 8th day of August, 1907, but sites who sends to sea or navigates, us owner, master, that time has made no payments. The vessel factor, agent or otherwise, any vessel belonging tas re-delivered to plaintiffs in an infared in whole or in part to a citizen of the United and damaged condition. The testimony showed States, or registered or enrolled or licensed that it would require twelve days to make within the same, knowing that such vessel shall The following is a translation of a circular condition. This amount, die for the use of the to criminal prosecution. None of these sections, the necessary repairs to put her in good he employed in the coolie trade, shall be liable distributed by the Self-Government Associa-ship from August 8 to the 4th of November; however, contain a provision against the ship- 1907; under the charter party, at the rate of ment of coblies from one foreign port to another (89,750.00) Mexicand and sighty three dolats real to slap coulice, from Vindivostock to sight thousand seven hundred and fry dollars in a foreign vessel, The mere statement of the ants to proposition, that s contract between a Rassion and dirty-three cents (225033.33) Mexican Gusymaus violates the public policy of the United Estimates have been made for the repair States is saffidiout to demonstrate its beard.ty. charge for placing the vessel in the condition of public policy that would be so violated, und of the vessel, and a fair and reasonable The Court is not familiar with any principal he was in at the time the charter party was is not familiar with any rule of statutory execnteil amounts to eight thousand one un construction which would enable such an rod and thirty-three dollars and thirts invarretation to be placed upon the shore: NATIONAL GENERAL INSURANCE three cents (18,133,33) Mexican. The cost mentioned statutes. If Congress had intenisf of the use of the vessel for a period of to prohibit citizens of the United States from twelve days at the rate of eight thousand shipping coolies in a foreign ressol to and from seven handlred and fifty dollars (38.750.00) foreign porta, it would likely have inserted a Mexican per month would be three thousand five provision to that effect. It is not contended hundred dollars ($3,500.00) Mexicon. There is however, that this contract comes within the practically no dispute in regard to the foregoing language of the
CARLOWITZ & Co.. Hongkong, 13th August 1906.
28 TORTH BRITISH AND MERCAN-
creditors had been present at the meeting and fand in law they are open to two objections with daring a clan fight between the Chan and N be paid per month was eight thousand seven property was tainted by fraud would be no THE Undersigned; having been appointed ha assented, I suppose I should have had no regard to the statement of belief in British | families which occured sometime ago the Hop currency. If the vessel was not delivered at the amount of the rent stipulated in the lease. In prepared to ACCEPT RISKS against FIRE: uption out to sanction the scheme, but it was nationality. In the first place they ignore the Shing shop imported a quantity of Ere arms for pased only by the statutory majority and four possibility or rather probability that some of one of the helligerent parties, whereupon he Chinese creditors were not present: If I want the recipients may be the unfortunate victims caused the grocer's shop to be searched and two tion this the meeting will be bound by it. I do of double nationality, being Chinese as well rifles, uns revolver, 150 cartridges and a box off nos know of any duty which compels creditors as Britial sabjoute, and secondly there is a percussion caps word discovered He has to attend thesh meetings, if they are out of the regular process for settling doubts as to stressed the master and seized the shop. jurisdiction they can only appoint a proxy. It nationality provided in the Legitimacy Declara, is true they do not attend at their own risk, bat
tion Abt 1838 It is true that that Aut
THE 8.8. "FATEHAN” AFFAIR. It was believed that the Viceroy's sound probably does not apply to a spiony where proclamation to which I have previously referred the court has no divorce jurisdiction as would have stopped all comment pending the here, but that makes it all the more apressary new trial at the Portuguese Consulate Hat the grestant cantibu lost they should be confused agitating more than ever and has convened
TOTAL FUNDS AT 31st DECEMBER, 1907
£18,114,624. Authoris & Capital.
£3,000,000 Subscribed Capital 2,750,000 Paid-up Capital
1.
they are quite entitled to leave the matter to the other graditors because they know that the decision must come up for the approval of the to issue carlifientes of nationality with the tingleader referred to in a previous articles Purpose of transporting Chinese coolies from the ad in the coolie trade, such vessel shall be liable II, Fire Fundi..
another process for quieting donhite se to the right of a person to be a British subject provided by section 7 of the Naturalisation Act.
to book early I am afraid that the trouble is for from endod. Es is a perfect anti-foreign crank, and is known by that nick name amongst foreignera
697,500 0 0. 3,065,374 15
The Undersigned, AGENTS, for, the above
the court. One thing they have a right to expect-equality of treatment-but here I am asked to sanction an agreement for 'differential with those insured under that Act There is also meeting for to-day. If this man is not brought see of aid vessel from the 24th day of March tips or loads, or otherwise prepares, or Company, ari projiared to ACCEPT RISKS asked to sanction in grotto the scheme which would, had I not to sanction it, be illegal. The requisite statutory majority has not been obtained because the votes of the Earpoesi ereditors present were only given on condition that they should obtain-s special advantage and they are therefore affected by andue prejudice.
Mr. Oub Kong Bing. I appone for the debitor
All the Chinese creditors have agreed.
His Lordship-I can only deal with the facte as they were put before me.
M. Otto Kong Bing-All these traditore are in the colony and they have agreed.
His Lordship-It is not on the file; as the schons is presented to me I cannot possibly find
seems clear that in applying the test of domicile to any case the court has regard to the Eagliais actions of domicile and therefore, al though donlode is obviously quite unknown to the Chinese we can from the point of view
tion
of English law, talk of a Chinaman beteg stating that the British Consel had done all in The Viceroy has issued a proclamation domiciled in China. Further the ordinary his power and conflood his action within the rule applies that unless a domicile of limits of his jurisdiction in the case in which choico ir prbist, the domielle of origin is that of his father at the time of hitahan kicked a Chinese to death; that the a foreign member of the crew of the steamer birth. I may therefore at once determine what the debtor's donticile of origin was. The debtor British Cenedl scted fairly and the proceedings is 63 years old, so that he was born in 1855. The were as regular as could be, and that he never colony was much too young in those days for me attempted to shift his responsibility.
*"We have made, inquirips, and find that Mr. Otto Kong, Sing-May I come again to asume that a Chinamian ever deliberately before your Lordship?
intended to noqtüre such a peradanent home in according to the devtains of the Hague Con- the colony as is necessary to the acquisition of ference in 1998 Article 32, section 2, the orew domicile. The father's domicile was that of of a vessel after being registered on the ship's China. At the debtor's birth, and I have no articles is ander the jurisdiction of the nation evidence before me that his father changed his to which that vessel, belongs, and the steamer domicile and yo his son's domicile before the is responsible for the safety of passengers and
otherwise.
His Lordship-If you like. The Official Receiver-The opposition, if any, was at first inclined to come from this European
creditors and not from the Chinese.
His Lordship It makes it all the worse. They got all the disadvantage.
The Offcial Receiver-They were inclined to oppose the arrangement at first.
cshTM
dekter could acquire a new domicle for himself rods. Now a Chinese was kicked to death His Lordship reviewed the ovidence and bound of the steamer Fatshus which said: "On the debtor's statiment there is a British vessel owned by Batterfield His Lordship-It is an undue preferenbe be no doubt that he rover acquired a por modeled and the Chinese Government had and Swire. The Chinese laws have not been which I eatinot sanction. The whole idos of the manent home in Hongkong. This illustrates Bankruptcy Ordinance is equality.
my belief that hardly any Chiniman who is An juradition over foreigners. The British
Conel's skity is, of course,
La protect British A DOMICILE PROBLEM.
merly a trúdar hare ever tears himself away trade, but he undertook the responsibility to At Wei Long Shang és part: Yuon. This root and branch from his family village in China decide this case in a just manner; consequently
Zaotis
"The defendant denies Imbility ou two groundi. First boende llevare Mappi King was fabely
The contention is indeed
a peculiar one. Defendant endeavours to bring the cases in controversy within the purview 31 a statute which, if it could be pleaded at all,
Judgment is therefore, rendered in favour of his hundred and eiglity dollars and eighty-fire plaintiffs in the sum of thirty-eight thorsand cents (538,98085) Mexican enrrency, and for
was an application for the recission of a receiving which is what is required to establish a domicile he could not shift his responsibilities of public sustained and the vessel-declared forfeited. It Rice and that on behalf of the defendant
order which came before the Court on Monday, My. Hastings appeared for the Bank of Taiwan Mr. Atkinson for the petitioning creditor, and Mr Dannys for the debtor.
he would like to except the judgment of the Court and give notion of appeal.
His Honour-Very well,
against FIRB at Carroll Rates
SHEWAN, TOMES & CO.,
Agents. Hongkong, 21st July, 1909.
1019 AACHEN AND MUNICH FIRE IN. SURANCE CO.
OF AIX-LA-CHAPELLE.
prepaved to ACCEPT RISKE again, FIRE THE Undersigned, having been appointed
AGENTO for the more at Current Rates,
WM, MEYERINK & CO., Agents. Hongkong, 5th September, 1908.
114
COMPANY, LTD., OF LONDON. THE Undergast, having been appointed, AGENTS for the above Company, are
prepared to ACCEPT RISKS against FIR at Current Rates
REUTER BROCKELMANN & Co. Hongkong, 14th November, 1903,
41566
AVID CORSAR & MERCHANT NAVY NAVY BOILED LONG FLAX RELIANCE CROWN TARPAULING
1674]
registered. It appears from the evidence that would render him liable to ariminal prosention. D the steamship Maori King, while owned by in other words, if the spirit of the law, and not Russian subjects, had been registered in Shang-the letter of the law, should be applied in this and under the name of a British subject, and case, the conduct of the defendant would con- and the re-delivery of the vessel a it was the equrt that this contention is not entitled to that after the expiration of this charter party stitute a criminal offence. It is the opinion of brought in H. B. M. Supreme Court for China sorivas consideration, on is and Køres at Shanghai asking that the vessel said false registration was in violation of be declared forfeited on the ground that, the the laws of Great Britain. This suit was
contract, that he should be absolved from linbi is the contention of the defendant under his M life Bause the tide of the owners of the vessel was jeopardized by reason of said. falso, registration. In the second place the defendant seeks to avoid liability on the ground that the steamship in question having been used in the so-called “coolie trade, the enforcement of the the public policy of the United States. terms of the contract would be in violation of
Considering.ibam points in the order named: The evidence shows that the fact that the slightest ground for the allegation that the tolerated. Canton and Hongkong re owner of the vessel jeopardized their title by a debtor was domiciled in the colony and the principal doors of traffle (in the South) and false revarshon did not inconvenience or in affect the use of the ship by the an important thing. All our brothern should defendant' thoroughly investigate this matter. We have defendant in this matter is very much the same as that of a person who has leased a house the decided to hold a big meeting at the association is to whin's had been acquired in a fraudulent to-day and all our brother are invited to attend manner, but which in no wise affected him in the sp
kid, use" and, ocenpation. - Sappose, by way 62
in this colony: the whole idea of a port justice on to others The Fatehan in British setablishment in Hongkong with "afized deportation ever to return to the ancesti steamer, therefore, it was perfectly within the British Consuľa jurisdiction to try the eas and village otherwise than as a visitor seems to the power of giving a fair and partial decision consistent with the normal ideas of a Chinaman.
Nationality is net domicile, nor domicie in the matter rests entirely with him. The lows nationality. The two things have no relation governing happenings at sea are diferent from to can another. Nationality may be evidence of kicked to death on a steamy by a member of those applied on a Concession. A man being a domicile of origin, but it is not possible to go further than this. There is therefore not the the crew and no rodrom being given cannot be
*
Mr. Eigs-Will the Court fix a time within Mr. which the appeal may be perfected? Fessenden returns to-morrow, and I think he will probably take this matter up.
To, Counsel's suggestion of two weeks bin Honour agreed
His Lordship said—A ̈ judgment creditor applies to rescind the receiving order. Four grounds" of opposition were raised and my ruling with regard to them will serve as a good illustration of the general practice with regard to appositions to petitions which I have sanctioned The third was that "after the payment of costs of the proceedings there will be no substantial assets för division among the order must therefore be rescinded with costs People are obliged to use this way. Life is any der his contract. The positica of the $40,000, and allowed Mr. Rics till Thursday
oredifors." That ground is not good because it is a matter which the Offlin Roosiver contidera and usually advises the judge on the application. The fourth ground is that the petitioner is in collusion with the debtor and that the proceedings are in abuse of the process
against the petitioning creditor.
Mr. Hostinge asked for an order in the terms of the judgment.
Mr. Atkinson pointed out that the ressiving order was made by the court and the petitioning creditor should not be made to pay the costs
of the court This is also a matter which His application was good at the time it was
concerns the Official Receiver who in medyja jan
this respect exercises a general surveillance His Lordship replied that it was based on an
allegation which they could not make good. -
Mr. Atkinson-The estate was in bankruptcy His Lordship-It should not have been. Mr. Atkinson-The estate was in bankraptey until this morning.
His Lordship-I know. I have declared I have no jurisdiction to make order, The
estate should not have been there.
Me, Atkinson-It was by the order of the court.
His Lordship By the order of the court minde on a statement which was unfounded.
over bankruptcy proceedlings. The first ground | is that the debtor, was not demoled in this colony at the date of the presentation of the petition and therefore that the court has no jurisdiction to make a receiving order. And the second was that the debtor has committed no act of bankruptcy on which a petition would be founded, *. At the first meeting of oreditors the debtór miedo a statement that he was born in Hongkong. I see no reason to doubt this. This then makes him a natural born subject of the King, bat in order to make the pubit clear and it is Da
THE MECCA OF AMERICANS: important point) apertificate of Sir Goorge Bowen, the
The saying that "good Americans when they then governor of the colony, deuhl 21st July, 1884, was referred to. die go to Paris" was of course inspired by the fact that so many of them go to Paris Dyen It was given under the seal of the colony and while they still have an opportunity of living in was to the fact that having examined two the United States. But does the French capital, affidavits of birth His Excellency was satisfied after all, attract Cousin Jonathan as powerfully that. Wei Long Bhau, the debtor, was born in as is commonly believed?
Mr. Chauncey the colony and therefore that he believed him to Depew estimated the number of his fellow
citizens resident in Paris 100,000. The ba a British subject. I understand that these Paris correspondent of the New York Treening certificates are issued in virtue of parrissive Post has no diffoulty in showing that this figure instructions from the Secretary of State given me for the he gat of the season in 10,000
* great singgoration. His own outside estimate in August 1862. I have never seen one before ridentes including studente,
s, and 5,000 transiente. and as it was referred to in the argument I must He doubts whether there have ever been as resay express my opinion on it. In an English portes 20,000 Americans in Paris on one day. As auch a certificate is of no value whatever for any to the official retures of the Police Department, legal purpose. It refers to two affidavite of birth the place Americans fifth on the list of foreign but by
visitors, their numbers being ergeeded by whom they
ey were made does not appear English, by Germane, by Belgians, and by The proper person tu issas certificates of birth Italians.
the
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MOTHER
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Mr. Fleming asked if the allowing of this time was intendeil as a stay of execution."
His Honour-No, if you want exerntion issued a bond will be given at any time.
His Honour fixed the amount of the hamt at
next to prepare and submit the bond for approval. In reply to Mr. Fleming his Honour sald the amount of the judgment included interest.
Mr. Fleming asked that he be given an op- portanity of examining the bond or examining the sureties whom it was proposed to have on the bond. The amount as a very large onÁ. and plaintiff, of course, had an interest in finding out the o
a qualifications of the sureties,
His Honour-The Court would also like to look into that somewhat mak
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THORNE'S
OLD
VAT
$15
SON'S
ARNHOLD, KARBERG & CO.
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59%, QUEEN'S ROAD CENTRAL, HONGKONG. Hongkong, 20th February, 1908. [401
RIGAUD'S
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OF JAPAN
TOILET WATER
THIS VAT WAK STARTED BY THE LATE ROBERT THORRE
OF GREENGON AND HAS SEEN SOLO AS M'S SINCE (93)
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131
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