voted by in number and value of those present and "entitled`in vote.” This con diilen was not satisfied, Some of the claims having been disallowed for the purpose of yoling because the creditors were not presont either in person or by proxy. But it would have been entisfied if Mr. Ho Tung had ant voted for the full amount of his debt. He has, therefore, by his vote prevented the special resolution from being __passed
With regard to the Official Receiver's pro cedure I think it would be better that the fact should be noted whether or not the require ment of s. 18 (1) has been complied with
But it was said that even if it had been passed the scheme is not such as the Court would have approved,
THE HONGKONG TELEGRAPH THURSDAY NOVEMBER 29, 1906.
the receiving order and before notice of the bankrupicy petition; that is, he shall be entitled to retain it if he has completed it without notice of the petition," Then in tho' and sub-section the meaning of "completing an execution" in given, which naturally varies according to the kind of execution.resorted to nothing wh'cts link:s it on in any way with Now on the face of this section there is
section jokich deal with secured creditors; there is no work in either which refers to the other, or from which a reference to the other could be inferred. They desi with a different order of ideas, the first with creditors who hold unrealized securities; the second with creditors who have already enforced their claims to the fall by process of law-its marginal note might well be "Beati possidente? The whole idea Now see what follows:-The Trustee who however centres 'round the fact that possession was appointed 13th Sept. 1956, immediately of the debtor's property has been' ob'ained. after the papers were handed over to him, pro-Now I came to the different forms of execution ceeded as if the requirements f. 18 (2) had the different ways in which possession may not been complied with that is, that the re- solusion required the support of three quar teer of the creditors" who had proved," Thit is expressly referred to in Mr. Lowe's affidavit of Ist November, He says, "The reason why the scheme of arrangement mentioned in para- graph 4 of the debrora affidavit (ie, the scheme put to the creditors' meeting of 3rd August) was not proceeded with was because the scheme was not voted by a majority in number repre- 1 of gonds ni d chattles, the execeton is deemed senting three-quarters in value of the credi- in he completed by the attachment, which is tors who had proved." The figures do beat the equivalent of seizure. There can be no out this statement, and from this point difference in the application of the principle of of view Mr. Ho Tung's vote did not affect the the section to difierent kinds of property; what proceedings, But it is a wrong point of view is required in order that a judgment creditor altogether as I have alrendy shown. 'Mr. Lowe should retain what he has gus is something to thep proceeds to explain why he could not ac- show that he has got it; something which has cept the scheme, which the c'ebtor had brought austed the claim of the debtor, if not to its
be obtained.
!
perty, possession cannot be obtained absolutely. In some cases, owing to the nature of the pro-
but only figuratively; in the case of landr, it is by the attachment by prohibitmy order with due registration in the Laud Office. This is no less a form of executiu than, sexure and safe, i mavenblis; but owing to the fact that the sale of lands is not so expedious as the sale
notices And it was the more necessary a this case, because the Official Receiver bad admitted the proofs, and therefore the creditors were entitled to be heard on their motion as if they were bona fide creditors. The course! pursued moreover had the advantage of reven ing certain misapprehensions in the bankruptc) between the rat and and sub-sections of section practico quite apart from the essential difference
18, which I have aheady dealt with, which have now to aliempt to set sight. These creditors were assumed all the way through to be recalcitrant, because they declined to com ply with the Trustee's request to substantiate their claims, replying that they had already been accepted by the Official Receiver: and n little invective was devated to them, for assuming a position which, alter very carefully considering all the arguments, I have come in the conclusion was a strictly legal ons to assume.
CONNESPONDENCE,
We do not necessarily endorse the optalons expressed by Correspondents in this column.).
·CANTON LEPERS,
SIRA fortnight ago I addressed an appeal through your columns for help in clothing and feeding the poor lepers during the winter months. So far there has been little response. On Monday, December 3, we intend to begin our distribution of rice. I find that the num ber whom we must help is about 550. At each distribution nearly $10 worth of rice is re quired. Will friends please send their dona. lions as early as possible to the undersigned so that we can make plans as to the frequency
To the Kniton of THE "HONGKONG Telegraph.".
af rice distribution?
Let me ackcowledge with sincere thanks Charity Fund of Stoo, and also of $25 from receipt of the annual donation from the Parser
Patel & Co, Hongkong.—I am, etc,
GEO. H. MCNEUR.
Canton, 8th November.
TO THE EDITOR OF THE "Hoxakong Telegraph."' SIR,-Will you permit me to say, through.
understand, of rare occurence, and the appli The practice of appointing 'n Trustee' is, 1
The words are subject to the power of the cation of section so to him does not seem to lave bech fily considered by the Court.
Court to extend the time, the Official Receiver, or Trustee, shall within 14 days after receiving, a prob either admit it, or reject wholly or in part, or require further evidence in support of it and shall notify the decision to the creditors you columns, that the supply of rice and cloth at the next general niecting" I may deal ating to 650 pper lopers in Canton will com once with the argument that, these provisions mence on Monday next. I believe that you strued too strictly. I agree, but I understand to the Rev. G. H. McNeur, any contributions are "directory," and are therefore not to be con- bave kindly consented to receive, and forward
the meaning of this to be that they are direc. of money. I shall be glad to do the same as
ions to an officer of the Court, and that the regarda old clothing. Yours truly, consequences of slips on his part will not be
CHARCES H. HICKLING, pressed toohardly against him or rather against "The Manic" 5 Kennedy Road, the person whose rights are vested in him, if it
Nov. 29th, 1906.
forward, giving a variety of reasons, many of possession as owner, at least to bis exercising is passible for the Court to set the right, be
How can
А
the Official Receiver was the date from which
A DENIAL
„TA TUR EDITON OF THE "HONGKONG Telegrami," DEAR SIR your notice from the Go- vernment Gazette, in which you stated that I for misconduct, the following is a true ac was dismissed Trom the Government Service
COMMERCIAL
TO-DAY'A INTELLIGENCE,
Nooa. Buyers-National Banks $47, Union Insur ance $760, Hongkong Fites. 5335, Indo-Chion:
Oo enis S19), Electrics $15. Watsons $11.60, $79, Raubs $81, Kowloon Wharves $89, Hong. kong Lands S104, China Providents $9.15.
Steamboats $271, Chisa and Manilas $23. Sellers-Unions $765, Cantons $300, Vacao- Douglases $40, Shell Transports 3 Hong- kong Docks $150, Hongkong Lands $105, West kong Coltons S13, China Borneos Sro, Ices Points $50, Humphreys Estate St, Hong: $236, Rope $23, China Light and Power Sto
Powells $5.
$141, A. S. Watsons $11 60, ex div,
Sales-Hoogkong Banka 5805, China Sugars
Nominal: China Fires 595, Shanghai Docks kong Hotels St121, Dairy Farms 517, Tram- Tls. 108, Hongkow Wharves Tis. 230, Hong-
ways $215.
TO-DAY'S EXCHANOR,
'Selling.
London-Bank T.T....
Do. .demand
.2/3 3/16
Do. 4 months' sight ............2/3°11_16. France-Bank 1,T America-Bank T.T. Germany--Bank T.T. fadia T.T
Do. demand... Shanghai---Bank T.T. Singapore T.T Japan-Bask T.T. Java-Bank T:T. .......
Buying.
4 months' aight L/C..
mover-coddernes
1681
X prem
6 months' sight LC.
2/4 1/16
4 months' sight
30 days' sighi San Francisco & New York...56
do.
30 days' sight Sydney and Melbourne
4 months' sight France
6 months' sight
J1
4 months' sight Germany...... Har Silver.............. Bank of England rate... Sovereign.
had to finish it within a limited time, but owing porters before his last election was printed in I was detailed to read the Peak District, and | PRESIDENT Roosevelt's address to his sup
to an accident. I could not do so. I therefore no lower than twelve different languages. averaged the readings of the meters I had not end, intending to read them when I had finished the other district. My meter-book was
inspected by the overseer in charge of meters before I was able to do so. He reported me to the Executive Engineer and on the same
resignation was, however, distorted into a day's sent in my resignation:
There was no misconduct whatever. My
dismissal I remain, etc.,
FRANCISCO XAVIER FRANCO, Hongkong, 29th November.
[The writer is in error when he attributes the reproduction of the Gazette notification to the Hongkang Telegraph.--Ed., H.K.T.].
which are certainly substantial reasons. But his rights as owner. He is prohibited from
cause it is not advisable that those people, who this was a scheme propounded because the first dealing with it as owner, because in the view are directly and pecuniarily interested in the scheme had been defeated by Mr. Ho Tung's of the law execution apon it is deemed to be coir. Trusice's conduct of the proceedings should be vote. I cannot assue that the first sckenie pleted when he has in fact been dispossessed The Trustee has simply failed in his duty, that prejudiced by eriors which he may commit would have been objected in on the same ut it is said all this goes to show that in is all (see Day J. in the Sissting, 43 L. J.967) grounds, cannot even express decided upin respect of lands against the owner of which a ion on it but in reading the objections for proibitory order has been granted the judg-But this does not mean that therefore the ex- mulated by Mr. Lowe the following observament, creditor is a secure! creditor, because
count press provisions of the statute are to be tions occur to me: lie says that the deposit in this creates a charge on the land and therefore gered, and the officer may act in complete the Bank proposed was. tot guaranteed that this brings it within the definition of disregard, of them. The key to the Chung Chim Kwai referred to in the scheme secured creditor"This definition is "a per position is the meaning of the words "receiving isunderstand the same person as Chung san holding a mortgags, charge or lien on the
A ploof." After the Trustee had been appoint- Cheung Kwai who offered to pay the money in property of the debtor or any part thereof the papers, including the proofs which he had ed the Official Receiver handed over to him all the first scheme. Bit the criticism does not
as a security for a 'debt due to him from necessity apply to the proposal in the first the debtor." No part of this definition fits himself received and it was treated as if the scheme, because under that the 70 per cent.
on to the position of the judgment creditor date of the Trustee's receiving the proofs from was to be paid by Chung Cheung Kwai, the dealt with in section 38. debini's brother, in the month of August. Mr. person who has completed execution against Solicitors for the Trustee.) I am of opinion the 14 days were to run. (See the feller of the Lowe may have had objections to this but, I do it debtor he said to hold a security for a not find any statement of them. The objections debt? Nor can the attachment by prohibitory that this is wrong: Receiving a prof" means which are personal in the debtor may perhaps order be said to be a charge on the land receiving it from the creditor, and is a tech. have been advanced against the first scheme, A charge on land as a legal term in eaus a bur
nical expression, used for fixing the date on but the bribery, (ie., the pointing outo the den imposed on land belonging to and in the
which a creditor is said to have proved. This Trustee that it was to his personal interest to possession of the owner, which does not pre-
established, the rest follows easily. The Official accept the scheme—and which, I need hardly vent him dealing with it, but which limits his Receiver and Trusice are used in the altern. "say, was most reprehensible), accurred with re power of dealing with it otherwise than as sub
tive in this sub-sertion as thioughout the Or- gard to the acceptance of the new scheme, and ject to the charge. But the completed execu dinance: either of them may receive proofs, might not have occurred as all if the old scheme tian.is something much more than this; the
and thereupon within 14 days, may do what had been adopted, or at least considered; and cizie, or what is the same thing, the attach the sub-section enables them to do. Some with regard to the allegations that the debtorment, has dispossessed him the mom eflective proofs were received by the Official Receiver, did not discese all my property, and that the token of his dispossession is the order prohibit and some by the Trusice: and in respect of Tipster had the greatest difficulty in obtaining ing him from alienating it, and all other per-either of them might have called on the the proofs received by them respectively any information from him about hus affairs, what sons from receiving, it. I said during the argument about the debtor's The Land Officer, who leared in all the creditor for father evidence, and either of state of mind must not be understood to mean lore of his office I must here acknowledge, has them might admit or reject. There is nothing that I intend to pallate his conduct; but that drawn my attention to another aspect of the in the language of the sub-section which the time has pot strived for me to deal with it. question. It was expressly provided by the authorises the Trustee to whom proofs ad- To adopt the weds the Trustee himself. The statute-1 and 2 Viet. c. 113 5. 13that a judg.mitted by the Official Receiver have been debtor was so upse he could opt exactly quite ment should operate as a charge on feal passed on to act as a sort of Court of Appeal. say "That was his happy position, all the estate: and the intention that the judgmeşt from the Official Receiver, and call for further way through, from the time of Mr. Ho Tung's creditor should have a preference in bank-evidence to substantiate them: for this simple action in this Conit to his public examination: ruptcy in virtue of such charge if entered up and the worry of his mind was undoubtedly in one year before the bankruptcy is expressed in creased by the first scheme not going through, the proviso to the section. That el is in As to the debts of the other creditors not be farce,in the Colony as it was passed prior to ing valid de' is, that undoubtedly would have 1845: but its effect is modified by the Land been raised to the first scheme, but that is the, Registration Ordinance, 1843, which requiries subject of a special motion before me, and it to be registered in the Land Office. would have been dealt with then, as it will he deat with now,
In England the Act has been modified, and it is provided by S. 27 and 28 Vict. c. 112, The gist of the objections was undoubtedly. 1. that judgments are not to affect any land the fact that the leasehold properties which until it has actually been delivered in execu- were relied on to produce some the tion: which it has heen held did away with the
or
reason that the period has gone by. And so far as the Trustee is concerned there is no reception of proof" by him from which the time run. When nace de Official Receiver has admitted a proof the simple powers of the two officers are exhausted..
CANTUN NOTES,
[From Our Oma Carremuident.]
NEW PROVINCIAL JUDG?.
Yesterday, the various Yamena ṛeceived tale- graphic advice from Shanghai to the effect that Judge Chu, the Provincial Judge Designate of Kwanglung, had left that port for Canton to take up his new appointment.
S'
To-day's Advertisements.
WANTED.
ITUATION wanted by a PORTUGUESE SENIOR CLERK, Mercantile Firm preferred, Good references and experience.
Apply to-
Intimations.
THE
ROBINSON PIANO
CO., LD.
TALKING
MACHINES
AND
RECORDS.
New Stock just arrived
LARGE AND VARIED
ASSORTMENT.
MUSIC.
Comic Opera Scores
C/o This Paper. Hongkong, 29th November, 1906.
and Dance Music.
· [1150 NORDDEUTSCHER LLOYD, BREMEN RECEIVED BY EVERY MAIL.
NOTICE.
FOR ZAMBOANGA, KUDAT AND SANDAKAN,
Taking Cargo at through rates to Tawao, Lahad Datu, Labuan, jolu and Menado. HE Steamship
THE
"BORNEO,"
Captain F. Sembill, (now loading) will leave on SATURDAY, the rat December, at 10 AM.
For Freight or Passage, apply to
NORDDEUTSCHER LLOYD,
MELCHERS & Co.,
Agents.
Hongkong. 29th November, 1906,
NOTICE TO CONSIGNEES.
PROPOSED ANTI-OPIUM HOSPITAL: Mr. Wu Sui Fang, and several and other gentlemen propose to establish an Anti-Opium Hospital in Canton for the treatment of per- sons wishing to be cured of the opium habit.
A meeting has been arranged to take place shortly at the Canton Hospital, at which ways THE P. & O. S. N. Ca.'s Steamer and means will be discussed.
?
"DELHI," FROM BOMBAY, COLOMBO AND
*
WIRELESS TELEGRAPHY FOR CANTON." His Excellency Chow Fu having expressed his desire for a wireless telegraphic installa-
STRAITS, tion in Canton, Bir. ( hau Shau Pang was yer-vessel are hereby informed that their Goods Consignees of Cargo by the above-named terday dispatched by him to the house of Messrs Carlowitz & Co. of Shameen, to make all the necessary, arrangements for the pur
greater part of the 20 per cent. formed the charge, and assimilated the law affecting the same argument must apply to the power chase of instruments and accessories..
security which Mr. Ho Tung held in virtue of his prohibitory order. But this is blowing hot and cold. Mr. Ho Tung has by his vote as an unsecured creditor prevented a scheme from going to its second stage in which this fund would have been available: and he objects to the second scheme because he is a secured creditor, which would prevent the fund baing available.
An analysis of the objection raised by the Trustee to the new scheme show conclusively, that the position of the debtor was materially
altered for the worse by the vate by inadvert ence of Mr. Ho, Tung as an unsecured creditor at the first meeting, and it is therefore impos sible to let him amend his proof, unless an order could be made. which would restore the status quo ante. Kur`all this is obviously de
land to that affecting personally in res ect of judgments That Act is not in force in the Colony. The effect of this is that the judgment creditor has a charge on land if he has registered his judgment in the Land Office year prior to the bankrupicy; but not other wise: And if he never had a charge execution could not give it to him; for the very good rea-
A JAPANESE BRAWLER.'
are being landed and placed at their risk in the Hongkong and Kowloon Wharf and Godown consignment will be sorted out mark by Company's Godowns at Kowloon, where each
mark, and delivery can be obtained as soon as the Goods are landed.
This vessel brings, on Cargo→→
I accept Sir H. Berkeley's final argument in reply to Mr. Slade, that where a Trustee has been appointed, he is the successor in title of the Official Receiver: but that makes the point plainer; for a successor in litle cannot exercise, a second time, rights which his pte decessor in title has already exercised. And
the time to do what? to admit, or to reject, or of the Court to extend the time to extend
to require further evidence, 1 do not think
In the small hours of this morning, acer- either of the officers, having exercised their tain"Japanese created a disturbancé, by knock-
From London, &c., az S.S. Victoria, From Australia, ex 5.5. Britannia, power of admitting or rejecting a proof, could ing at the door of a private Chinese dwelling then come to the Court to extend the time—ie, in | He was finally persuaded to accompany the
From Persian Gulf, er B.1.S.N. and B. &
P. S. N. Co.'s Steamers. extend the time to do, a second time, what they owner of the house to. No. 3-Police Station,
Optional Goods will be landed here unless acknowledged that he was in the wrong, but 6 hours, treated the Police officials with Insolence. Goods not cleared by the 6th proximo, at
The Weiyuan at No. 3 station complained of 4 PM, will be subject to rent. reprimanded his national, and has later issued any case whate the affair to the Japanese Consul, who severely No Fire Insurance will be effected by me in
Damaged Packages must be left in the and the Company's representative at Godowas for 'examination by the Consigneca'
appointed hour,
son thatit gave hum more than a charge-the/ had done, or failed to do, once already. There where not only does he seem to have not instructions are given to the contrary before
possession of the land."
I am therefore of opinion that Mr. Ho Tung he had ab'ained, namely, the realisation of his was a judgment creditor entitled to retain what attachment on the debtor's land: and that he was not to be treated as a secured creditor. His proof was defective because it was for too requires him to value his security, nor the pen much, but neither the express provision which
must be some limit. For the benefit of the creditors generally, the Official Receiver, or the Trustee, is given a right ef exercising a strict creditor: but, when once this supervision has supervision over the claims of any individual
been exercised, the individual creditor is en-warning to those Japanese living in the Chinese
titled to some protection also; his position
City that, in the matter of all breaches of the cannot be affected vis-a-vis the officers who are law, they are under the jurisdiction of the
the fact that there has been a change in the carrying out the Bankruptcy proceedings, by Chinese Police alone.
...
DEALING IN FALSE TRADE-MARKS.
pendent on whether the Trustee can succeed alty for voting for the whole of his debt, that officer, and a new brain has been brought to The manager of the firm of Ying Wah Loone. date they cannot be recognised.
in knocking out the proof; of some of the cre ditors who proved. If he does then the figures, on which the previous argument proceeds, will be enterity altered, and the question of the concludment of the proof would probably ro quire further consideration..
tity, applies to him, I think I my fairly, as he would be held to have abandoned his secu-
execution at $19,500, the value he has put upon sume that Mr. Ho Tung wault, bave valued his his so-called security; and therefore the order which must be made is that his proof be redue
because
bear upon the investigation: If a new Official who was arrested recently, at the instance of Receiver had been appointed, could he revise the British Consul-General, by the Namboi Nor can a Trustee who succeeds to the busi-bearing the trade-mark of a British firm, was his predecessor's action? Undoubtedly not. Magistrate, charged with selling rubber shoes ness of carrying on the bankruptcy, I have duly brought to trial before the Magistrate. So much for this part of the case regardeded by that amount, but without any forfeiture lish practice, which is more elaborately certain seamen at the rate of $1.10 per pair, purposely omitted any reference to the Eng. His defence was that he bought the shoes from of the rights which he has acquired under his defined, completed execution. This will restore the ing of the
think the mead-not knowing them to bear false trade. resolution passed at the first meeting of cred-think that the interpretation I have given the Public.
sub-rection is · clear.
But mark, and without any intention of defrauding itors, and as it is now a special resolution as brings the Colonial procedure into line with the required by law, the second meeting required home practice,
The Magistrate wayned him that if he were
tion of costs. I inust deal wit later. This not be investigated, and further evidence to and ordered him to be kept in castody pending does it follow that the claims of creditors can trade-marks, he would be severely punished, But the question of interpretation sculed, found in future, selling any goods bearing false
order, however, must be in abeyance until I substantiate them not be required? By no. have considered the motion of the trustee call-means; but the duty of doing this, then, lies further instructions from the British Consul
with the Court, which may be set in motion by General.
'from the point of view of Mr. He Tun, being a secured creditor, I now proceed to státe my reasons for considering him not to be a secured creditor.
by s. 18(2 and 3) must he called. The ques
ing on some of the creditors for further proof to substantiate their claims.
Sections 30 to 32 of the Ordinance deal with " Proof of debis,” s, 30, treating of the rights and 'duties of secured creditors. Then two other subjects are dealt with, "Appropriation of Astets," by sections 33 to 3, and "Property available for payment of debts," by sections 36 and 37. Afterwards we come to another group of sections, 38 to 47, which are headed "Effect. of bankruptcy on antecedent transactions," of which 38 treats of "estriction of rights of execution creditor," which follow 6.45 of the Sir H. Berkeley insisted, and indeed persist English Bankruptcy Act, 1883.
ed that his motion was entitled to priority. But Thit section lays down the important am quite clear that although Ingic would principle that a judgment creditor shall not be seem to be on his side, there was no reason for called to retain the benefit of an execution departing from the unus! practice of taking unless he has completed it before the date of motions in priority according to their respective
I proceed now to 'consider the Trusten's motion calling for further proof of the claims from certain creditors.
the Official Receiver, or if he has passed on his He has now been released from custody which deal with this branch of the case, reem functions, by the Trustee. The English cases, upon surety.
to be clear that, when the powers of the Official
Receiver or the Trustee under the section have good humoured. Good humour in beiter been exhausted, the application must be to the thas medicine, no matter how well, the, ill. Court to expunge, and that there is no limit to natured pill be sogar-coated. Be good-natured. the time during which this may be done,
I
shall treat the motion as if it were such and all the ways of making a fortune, the Application. It will be advisable for the Trust Shortest and best is to lot people see clearly it expedient to press the motion. 1 shall deal that it is to their interest to be of service, to to consider as to which of the claims he thinks with the notification of costs bereafter,
you.
AD
Hongkong, 30th November, 1906.
MOËT & CHANDON'S
HIGHEST GRADE OF CHAMPAGNE IS
"DRY IMPERIAL"
BRAND
AS SUPPLIED BY ROYAL WARRANTS
TO
KING EDWARD VII.
THE EMPEROR OF GERMANY,
THE CZAR OF RUSSIA,
ALSO SUPPLIED FOR THE
LEADING PRESIDENTIAL
BANQUETS
£4 FRANCE AND THE UNITED STATES.
All Claims must be presented within len days of the steamer's arrival here after. which
No Claims will be admitted after, the Goods have left the Godowns.
E. A HEWETT,
Superintendent. Hawukong, 19th November, 1906.
STEAM TO CANTON.
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Page 5Page 6