Dr. Francis-If your hip pleases. The witness also produced the manuscript ap. pointment of the prisoner as Official Assignee in the estate of Lyall, Still, and Co.
Mr. Francis took the objection to this docu- ment and the notification in the Government Gazette that the Ordinance only empowered the Governor to make such appointments in bank. ruptcies arising after the passing of the Ordin. ance not in bankruptcies then existing in which there was already an Official Assignee,
His Lordship noted the objection. Mr. W. M. Deane proved the signature to the appointment to be in the handwriting of Siri Richard Graves McDonnell.
Mr. Planket, continuing his evidence, pro- daced the Government Gaselle of the 25th May, 1878, containing a notice of meeting of the cre. ditors of Lyall, Still & Co., and of 29th June, containing notice of adjourned meeting. Two rusetings were held, and I heard that a dividend was declared. I produce au account in Mr. Hoffam's handwriting which I found in Mr. Haftam's dispatch box, being the account cur- rent in the estate of Lyall, Still and Co., and a paper showing the amount of dividend due to each creditor, also in Mr. Ifuffam's handwriting and found in the same place. On Friday the 16th August the prisoner was not at the office. He had boen absent for about a week. I did not receive any communication from him during that time. He was then Deputy Registrar of the Supreme Court as well as Official Assignee. I received a letter on the 17th August dated the same day. To the best of my belief it was after two o'clock when I received it. (The lottor stated that Dr. O'Brien had told prisoner a few days in Macao would do him a great deal of good and he was therefore going over.) I produce a summons purporting to have been executed by Mr. Marquand I gavo Mr. Marquand directions to serve it upon Mr. Huffam. (Summons put in requiring the prisoner to appear before the Acting Chief Justice on Tuesday, 20th August, and to hand over all papers and moneys in his possession in bankrupt estates.) I produce two books; they are both marked cashbook, but one is a ledger. The ledger contains the accounts in several bank- j rupt estates.
Mr. Francis objected that only one bankruptcy bad as yet been proved and the evidence must be oonfined to it.
The Attorney-General said he could put in the files in the other cases, but the two first counts did not charge the prisoner with having received the money as official assignee but as a public offieer.
Mr. Francis said the preliminary question re- mained to be decided whether the official assignee was a public officer.
His Lordship ruled that the evidence was admissible.
Witness, continuing, said the books were in Mr. Huffam's handwriting. Page 29 of the ledger contains Lyall, Still and Co.'s account. These books were found in the press or safe in the office. I was appointed Official Assignee in this estate. The appointment is dated the 29th August.
The Attorney-General asked if there were any instructions filed in the Registrar's Office with regard to the custody or disposition of public moneys or moneys received in respect of in- solvent or other estates?
Mr. Francis objected that it must first be shown that the prisoner was a public officer to whom such instructions could be given and that he had dealt with public moneys.
His Lordship said they must soo what the orders were first.
The orders were produced.
Mr. Francis objected to their admissibility in evidence on the ground that the orders referred only to public moneys, and it had yet to be showu that these were public moueys; also that the order was addressed only to heads of departmente and that Mr. Huffam was not bead of a depart-
mont.
The Attorney General said his contention would be that these were public moneys and that they ought to have been paid into the Treasury or such banks as the Government directed.
The orders were admitted subject to the ob jection.
The files of the other estates in which tho prisoner was Official Assignee, thirty-one in number, were produced.
His Lordship asked the Attorney-General if he thought these could be considered public moneys.
The Attorney-General said he should contend 80. There was only one decided case on the
point, and that was the case of the trustee of a savings bank, and the impression of the court then appeared to be that to be public moneys the office in which they were received should be free from rates.
His Lordship said if he had to act upon his own opinion he was quite prepared to do so, though of.... course he would be ready to hear an argument.
The Attorney-General said he would hardly feel justified in giving up the point without an argument.
His Lordship said in that case he would reserve the point when they came to it.
Mr. Plunket, continuing his evidence, proved the tiles in the other estates.
By Mr. Francis-I am now official assignes in a number of estates. I receive no salary from the Government as official assignce, but the sa lary of the Registrar has been raised from £200 to £1.000 as compensation. I understand, for the fees being done away with. I receive no fees. All commissions in bankruptcy go to the Government. That has been so since I have held the office. I don't see any rules in the general orders of the court for regulating the enstody of unpaid dividends, under clause 7, sub- section 5, of the Bankruptcy Ordinance. I have been Registrar for oighteen months. During that time I have never had my accounts audited, and there is no check over me so far as the rules and regulations are concerned. There are no rules or regulations that I am aware of which empower auy officer of the Governmout to check my ac- counts as official assignee. I give a detailed account of the commission which formerly went to the Registrar every mouth, but not as to the other funds of the estate. I do not con- sider the circular marked B to apply to the official assignee, except when I am paying in fees or balances of unclaimed dividends; in fact I did not know of the existence of these circulars nutil this case cropped up. If any question arose as to the disposition of funds I should apply to the Court, not the Colonial Secretary. There is an order leaving it to the heads of departments to sauction the Saturday half holiday and going to Macao from Saturday to Monday. That order was initiated by Sir Richard McDonnell. I did not take an active part in the dividend meetings in Lyall, Still's estate. I was very busy in court. When I camts out here I found Mr. Huffam Acting Bogis. trar. He handed over the business of the office to me, including a large number of intestate estates, bankruptcy ostates, and so on, with large balances. Money was handed over to me to the amount of $5,999. That is the actual cash. There was also a large amount of money on deposit. I have never myself asked Mr. Huffam to pay over to mo the money in Lyall, Still and Co.'s estate, I never heart of it until shortly before he want to Macao. I have not since made any formalį demand on him to hand over to me the money.
Mr. H. Smith, chief accountant of the Hong- kong and Shanghai Bank, was called to prove that on the 6th January, 1871, an amount of $12,000 was deposited by Mr. Huffam as assigne in the estate of Lyall, Still and Co. Ou Octola e 24th, 1871, a deposit of $25,000 was made in the same name. The first deposit was repaid on July 11th, 1871, with interest $240; of the second amonat $5,000 was repaid on March 7th, 1872, with interest $55.71, and the balance of $20,000 on April 27th, 1872, with $400 interest. There have been no other deposits made in that estate. I produce a cheque of Sharp. Toller, and Johnson's in favour of F. S. Huffam, for $4.891.16. payable to order. It is endorsed by Mr. Huffam and was cashed on the same day It is drawn by Messrs. Sharp, Toller, and John- son on their private account.
By Mr. Francis-The entries in the book are not in my handwriting. I have no knowledge of the transactions except by looking at this book and the vouchers.
Mr. Francis submitted Mr. Smith's evidence must be struck out as it appeared he knew nothing about the matter.
His Lordship-But if we have the vouchers they will speak for themselves.
Mr. Francis-The vouchers are another matter. The vouchers were produced, and witness, in reply to Mr. Francie, said the sum of $5,000 I mentioned was paid to Messrs. Sharp, Toller,
and Jobusou on the order of Mr. Huffam.
The Attorney-General said these amounts all appeared in Mr. Huffam's acconuts of the same date.
Alexander Wemyss, assistant accountant at the Oriental Bank, sail that on the lat April, 1871, $17,000 was deposited by Mr. Huffm for theestate of Lyall, Still, and Co. It was withdrawn in
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