1877-08-31 — Page 3

i

to our readers.

No. 4421.-AUGUST 31, 1877.] thoroughly competent to arrive at the mea surement to a nicety, has furnished us with the following table which may be of interest From the base of the mountain to the -First Rest House. 304 feet.

Socond Third Fourth Fifth Monastery The height of the Pork was not takon by our informant, but it is, we believe, about 2500 foot.

525

12

800

"

17

1100 1425

"F

1662 +

and the 13th of April, 1875, was a fraud on the other creditore, entitled to benefit of the sald deed of the 19th of April, 1875, and the appellanta are not entitled to the benefit thereof.

4. Because the delivery of the said deeds on the 13th day of April constituted in substance an allenation of the whole of the debtors avaliable catato and affects, and was an act of bankruptcy; and the said deeds are therefore void as against the respondents claiming as trustees under the said dead of the 19th day of April,

The judgment delivered by Sir R. Collier A private letter from Tientsin, received is as follows:- per Europe, speaks most favourably of the This is an action brought by trustees millet crop in that neighbourhood. The appointed under the provisions of a deed of writer says, "Foreigners have written that the 19th of April, 1875, executed by the the crops are dreadfully damaged, but I go. firm of Augustine Heard and Company, up country oftener than most people here, carrying on business in Hongkong, as well and cannot trace any serious injury to the as in other places. The plaintiffs sus for young grain."

The newly erected tole the purpose of setting aalde certain con- graph line is said to be working well, and, veyances of real property to the defendants, so far has not had any effect on the Fung merchants in London, on the ground that Shui. An extension of this line to Paou- they were given by way of fraudulent pre- ting.foo, the capital of the province, has ference. been sanctioned by the Peking authorities. A further purchase of Krupp guns, to the value of Tia-100,000, is said to have been completed.

THE CHINA MAIL.

"shall in all matters relating to the estate the requirements of the 192nd section, and property. What he actually decided was futanda to do all in his power to establish a and effects of auch debtor be subject to the accordingly the 194th section gives the that the judge sitting in bankruptoy had monarchy, and they say a monarchy means jurisdiction of the Court, and shall respec- power and Imposes the obligation of power to summon a person to give evidence war with Germany and that a French re- tively have the benefit of and be liable to registering any deed of composition or as to an alleged transfer of property com- publio will alone keep the peace. If they all the provisions of this ordinance in the deed for the benefit of creditore, which prised in such a deed, and to commit the have the least sincerity in these assertions same or like manner as if the debtor had has not been registered under the 192nd witness for contempt for refusing to be I have no doubt of the error of their con

Be assured that all parties in been adjudged bankrupt, and the creditors section, in the Court of Bankruptcy: and sworn. This decision therefore, whether clusion. had proved, and the trustees had been ap- the words are material. A deed under the the Vice-Chancellor be right or wrong in France desire peace for the moment; but pointed creditors' assignees under such bank-182nd section la to be registered by the deed the application which he gave to section simply because nothing is got fully ready raptoy." In the course of the argument it bas being brought into the office of the Chlef 197, as to which their Lordships do not for war. But when once the fifteen hund. been admitted that the debtor under such a Registrar, and the solemnities attending think it necessary to pronounce opinion, is red thousand mon of the reserve are through deed as the present is not entitled to the its registration are clearly defined. A deed certainly not an overruling of the decision their annual tratuing; when they are fully benefit of all the provisions in the ordinance, under the 19th section is directed to be of the Court of Exchequer in Pearson . officered and officient; when the artillery is well provided, and the strong_places and that he cannot avail himself of the two registered simply in the Court of Bank- Pearson, which governs the present case.

Their Lordships have therefore come to planteously furnished, that moment France, contaleed in sections 168 and 169. The ruptcy. For convenience sake, by a general section proceeds, "And the existing or order, I bave given both forms of registra the conclusion, both upon the decided whether a republic or a monarchy, will take future trustees of any such deed or instru- tion to the same officer and to the same cases and upon the construction of the the first canning occasion to try strength ment, and the creditors under the same, office; but the registration under the one Ordinance independently of them, that the once more with the German Empire. But France to the verge of rain the next time shall, as between themselves respectively, section is very different from the registration plaintiffa havo not a right to sue for the vanity and optimism will probably bring and as between themselves and the debtor, under the other section. The 194th section purpose of setting aside the conveyances on and against third persons, hare the same was introduced with a double view. First, the ground that they are a fraudulent as well as the last. She is going contrary powers, rights, and remedies with respect because it was apprehended that many preference within the meaning of that term to tho sage advice of M. Thiers, on numbers not on quality in her troops. We estate and deeds of composition might still be made in the Bankruptcy law.

1b has, however, been further argued bad a specimen fast Sunday at the Long- to the debtor, and his effents, and the collection and recovery which would not be brought under the of the same, as are possessed or may 192ad section, and which might have an that, even assuming this, the transaction champs. The 80,000 mer-all the Paris be used or exercised by assignees or injurious effect by reason of their being now impeached constituted a fraud so much newspapers make the number 40,000- The first question raised by the do- creditors with respect to the bankrupt, secret deeds of arrangemont. The obliga. exceeding that of a more fraudolent pre-reviewed by Marshal MacMahon were un fondants, is whether the plaintifs have the or his acts, estate,, or effects in bank- tion, therefore, was imposed upon all ference that, independently of any nasist-doubtedly the best France could show. The

ruptcy.'

persons, parties to such a deed, of bringing ance from the Bankruptcy laws, the plain- best regiments are in and around Paris, aud right to maintain a suit on this ground;

It appears to their Lordships difficult to it in to bo registered within twenty-eight tiffs, by their mere appointment as trustees of these, all the weakly men were left in and inasmuch as this question, if disposed of in favour of the appellante, decides the suppose that the Legislature could have days after its approval in the Conet of on behalf of the other creditors, would be barracks. You may judge how careful was case, their Lordships have thought it deal. Intended to give this effect to every deed Bankruptcy, and a penalty is attached in entitled to sue to set it aside. Upon this the selection when I mention that the able to hear the argument upon it in the executed under the 16th clause. As bufore case of default, that the dead shall not be subject their Lordships think it enough to 30,000-possibly two or three thousand less pointed out, a deed might be executed and receivable in evidence. Another object of observe, first, that this point does not ap-troops were comprised in eighty-one This question depends upon the con- registered under that olause, which would the enactment was this-it was felt that pear to have been argued or taken in the battalions of infantry, forty-four squadrons 7. WHITTALL AND OTHERS, TRUSTEES struction of an ordinance of Hongkong in not pass the estate of the debtor to life poselbly many a deed of composition might Court below, and that they are always of cavalry, and twenty batteries of artillery. OF THE EXTATE OF AUGUSTINE HEARD 1864 on the subject of bankruptcy, whloh trustees. If so, how could they have, with not be perfected in the manner required reluctant to decide upon points which have The cavalry regiments were pretty strong, was passed three years after the well-known respect to that eatate, all the rights to be by the 192nd section within the twenty-not been submitted to the inferior Court, but I counted scarcely two hundred men in This was an appeal agaiunt a decree of the Bankruptcy Act in this country of 1861, exercised by assignees in bankruptcy? eight days, and yet that all the creditors and, secondly, that there does not appear to each battalion of infantry. To be sure there Supreme Court at Hong Kong, dated Feb. and in a great measure, indeed in a great Further, it appears improbable that the might be willing to accade to such a deed; them any ground whatever for supposing was a certain improvement on last year's 10, 1876, and made in a suit in which the number of clauses, almost totidem verbis, Legislature should bare intended the land, therefore, power was given to register that there was any greater fraud in this review, the heavy cavalry being more steady mere deed, or a mere writing without deed, under the 184th esction, a deed which did case than a fraudulent preference in con- and the artillery admirably horsed. But above-named appellants were defendants. follows that enactment.

The material seatione of that ordinance whereby a debtor has conveyed, or has not exactly comply with the requirements templation of the Bankruptcy laws, it the marching of the infantry was very poor The suit was instituted by the Trustees of for the present purpose are, frat, section agreed to convey, any portion of his estate of the 192nd sestion." Then he goes on indeed there was such a frau ulent pre in all respects, except that the distances of Augustine Heard and Co. (the respondents), in virtue of a doed of assignment expressod 163: This comes under the head of "Trust to any poraon under the name of an in- to say These two forms of registration,ference, which,-this part of the appeal not | divisions wore well kopt. The officers are what we call non-commissioned officers- to be made and entered into by and between deeds for the benefit of creditors," and apoctor or otherwise, without the consent therefore, being very different, the con- having been fully argued, they by no means not up to the mark, and the sub-officers. On those grounds their Lordships will were deplorable. In the trotting past of the members of the firm of Augustine enacts as follows: Every deed or instra of a single creditor, should have the effect sequences of the one form do not attach to affirm. Heard and Co, and their creditors, dated meat made or entered into between a debtor of clothing that person with all the rights the other. The consequence of an ob- the 19th April, 1875, and under provisions and his creditore, or any of them, as of assignees in bankruptcy, The difficulty servance in every respect of the terms of think it their duty humbly to advise Hor the cavalry, horaes frequently broke into a

of so construing this is very the 192nd increased by the two clauses which follow it. The next is section 168, which is to this effect: "After the copy of the entry made by the Registrar se aforesaid shall have been published in the Hongkong Government Gazette, no execution or other process against the debtor's property is respect of any debt, and no process against his person in respect of any debt, other than such process by writ or warrant as may be had against a debtor about to depart

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL-APPEAL CASE.first instance. BENECKE, SOUCHAY, AND 60, (AFTELLANTS)

AND CO. (LESPONDENTS).

of 1804, end the object of the suit was to behalf, relating to the debts or the liabilities have certain mortgages, eight in number, of the debtor, and his release therefrom, or given to the appellants (Benecke and Co.) the distribution, management, and wind- by Augustine Heard and Co., set aside for ing up of his estate, or any of such matters, the benefit of the creditors under the trust shall be as valid and effectual and binding deed. The decree of the Supreme Court in on all the creditora of such debtor as if Hong Kong set aside the mortgages given they were parties to and had duly executed to the appellante, and against this judgment the same, provided the following conditions bo observed." Then coms several sondi. the present appoal was instituted.

tions. The first of them is that the deed The reasons for the appeal wereas follow:- 1. Because the said seed of the 19th of shall be a conveyance of the estate of the

on the minority of the creditors who do not execute or assent to it. No such con- sequence is attached to registration under the 194th section." And accordingly he held that the conveyance there, being conveyance of all the debtor's property, and not being registered under the 192nd and It may be desirable to refer next to the 193rd sections, was an act of bankruptcy.

The light aavalry have not in the should be reversed. There will be the to break the heart of an English comman least improved, and are the most unsteady usual order with respect to sosts in the agder.

horsemen I ever behold. They are mounted peel, and the Court below.

on small, weedy, unsteady Arab stallions, The heat of the day was dreadful; but the little soldiors bore up admirably. About 100 men were relieved in the ambulances, but no fatal case occurred. Surgeon-Mejor Pincel had the only serious case of the day at the Cassade ambulance; but there was a lady in that case. Badame Leroy, from

LONDON GOSSIP. (Pioneer.)

July 16th.

a

I was talking to Tom King this morning case of Bymosia v. George (33 Law Journal-the Tom King, ox-prize-fighter, the man (new series), Exch. 231). Their Lordships who fought Sayers and Heenan, now that a majority in number represcating creditor or slaimant without leave of the note of that case, to which the learned good fellow is Tom in his way, and if you to three-fourths in value of the creditors shall Court, and a certificate of the filing and Judges in Hongkong appear to have re- ask me what he is distinguished for above taken in the pains of labour and delivered Will the la writing assent to or approve of such registration of such deed under the hand of ferred, may somewhat have misled them. bis brother bookmakers, I should tell you on the field of a fine boy, whom she is de deed. Then come provisions relating to the Registrar, and the seal of the Court, The marginal note is to this effect: "Ait was for the shortness of his prices, but termined to call MacMahon.

civil registry as MocMahon the King-- the execution of the trust deed. Thou shall be available to the debtor for all trust deed in the form given in Schedule that is by the way. And what do you sup- Radicala object to sach an entry on the

"Within twenty-eight days from the It has been admitted that this section cannot gistered, &c, according to section 192, talking of roses. The ex-prize-lightor has a securities should not be compromised.

3. Because by virtue of the arrangements day of the execution of such deed or apply, partly because it refers to an entry in though not assented to by the proscribed pretty villa at Tulee Hill, and his leisure much to the order of the day he issued to same the Hong Kong Government Gazette, which majority of creditors, is by virtue of the hours, when he is not laying some one $ to the troops on the occasion, and say, with between the appellants and the said firm of instrument by the debtor, the Augustine Heard and Co., the proceeds of shall be produced and left at the office would apply only to instruments described 194th and 197th sections, "the 197th 4 when it ought to be 5 to 2, are directed some truth, that political allusions should But probably the real grievance is that be of the Registrar for the purpose of in section 163, and further, because it could section corresponding to the 107th section to his garden. His passion is roses. He not have been made in such an address.

The next section, 104, not have been intended that by merely exe in the ordinance-"subject to the jurisdic knows every variety, and if he hears of a being registered." provides for a special form and manner of caring such a deed as has been spoken of tion of the Court of Bankruptcy." It new one, has it directly. He had a splendid said he would hold the Presidency jiisquats It under section 165 the debtor should be able should be observed, however, that the real" Marshal Niel" in bis coat this morning. out, which means 1880). Poor Monsieur registration of documents of this kind. requires that "The date, names, and de- to protect his property from process. The point decided in this case was no more than What a rose that is, Tom," sald I. "Just Thiers! he will be then eighty-four.

certain trustees bis effects and property, to Tom; the Missis always sends me one scriptions of the parties to every such deed next section (169) le as follows:-"In case this that the debtor having conveyed to bad it by post from home, Captain," replied or instrument, not including the creditors, any petition shall be presented for an for their own purposes any part of such and effect thereof, shall be entered by the execution of such deed or instrument, as if creditors as if in bankruptcy, and that pro- | names and bloody battles taking to this in- a report that Patti is "going to embrace together with a short statement of the nature adindication against a debtor after his be administered for the benefit of his wherever I am." Fancy the man of hard of the deed of conveyance, it was held that more than a quarter of an hour ho descanted Registrar in a book to be kept exclusively horen.hofora described, and pending the ports havi-g been delivered in pursuance nocent amusement. I drew him out, and for for the purposes of such registration. Such time allowed for the registration of much entry shall be made within forty-eight hours deed or instrument, all proceedings under the operation of the deed at Common Law on rases, their varieties, what soil was good after the deed shall have been left at the such petition may be stayed if the Court was to pass the property to the trustees, for one sort and bad for another, and

April, 1875, did not place the respondents debtor, except a small portion; the next, out of the colony, shall be available to any cannot help thinking that the marginal distinguished member of the ring. A very the neighbouring village of Suresnes, was.

In the position of assignees in bankruptoy, and gave them no title enabling them Impeach the mortgages,

Because the appallunta cannot be treated as having assented to the said deed, except upon the condition that their follows a further provision in these terms; purposes as a protection in bankruptey."D. of the Bankruptcy Act, 1861, and re- pose we were talking about We were MacMahon Leroy? They do object very

All pills drawn upon the appellants, undor the aforesaid letters of credit, were specifi- cally appropriated to the purposes of the aid arrangements, and the said firm of Augustine Heard and Oo, took upon them- selves the duty and obligation of investing ench proceeds ponding the remittance thereof to the appellants, and could not use proceeds without, at any rate, incurring, as from the date of such user, an immediate and continuing liability to give good aeculty for the same.

letters of credit, Non. 936, 965, and 966, and were under an obligation to give security

from the time of making auch entry.'

AMERICAN newsmongars have got hold of

asya-Don't we wish we were the Greek the Creek religion. The Boston rode religion.""

A MERCHANT in Boston, Massachusetts,

SHOT AT A CLOSE-FISTED RELATIVE,

for the same at the time when the first six not fall under the provisions of these sec-section 163; and, that it is impossible to fore quoted, decided by Lord Westbury, at him and made use of dreadful adjectives. Stingy aunt:"Well, Robert, have you

was not drawn to the attention

Quotationa

Homakone, August 31, 1877.

to give security for the proceeds of the said Section 165 is in these terms:-"Every deed deeds coming within the provisions of section which fell within the providons of section gipsy tent, the primo ring, racing and roses OPIUM-New Patna, cash....$590.

bills.

continue its business.

-73.

credit, -

Old Patna, cash,... 590

»

19

credit,

"

New Benezea, cash, 580

22

Old Benaras, cash, 570

oredit,

"

aredit, ---

12

"

Nen Maltre đanh, nam

credit, 605 Allowance Taels, 8 a 32 Old Malwa, cash, --

aredit, 895 Allowance Taels, 8 a 32

*** 75%

Heard and Co. had applied for their own shall be published in the Hong Kong Govern-instrament shall be duly registered as afore. such as that indicated in the marginal note in I changed the conversation to racing, and by a telephonic wire three miles in length. 4. Because the said firm of Augustine office as aforesaid, and a copy of such entry shall think fit, and in case such deed or although, incidentally, no doubt, an opinion evidently was well up in the subject. Then has connected his office with his residence purposes the proceeds of bills for between ment Gurette as soon as reasonably can ba said, the petition shall be dismissed." 1 oxpressed. It was upon the same ratio the man changed too. He swore strange It is stated that "conversation can be carried 422,000 and £23,000, drawn under the said done after, but in no later than ten days has been admitted that the words "dead or decidendi that the decision was affirmed in and horrible oaths ; he devoted some horses on by it nearly as well as if those convers-

instrument" here must be narrowed in their the Exchequer Chamber. It should be and jockeys to the infernal regions; evening were In the same room." It is clear that the deed in this case does construction to deeds or instruments under observed that the case which has been be when he wanted to praise a horse he swore

the Court. Then he told me of some gentlemen who enjoyed yourself?" Robert: "Oh, yes, In the subsequent case of Pearson v. owed him money, and his language was ap of the aforesaid mortgages were given, and tione, inasmuch as it was not proved to have suppose that this section could apply to

sure to cry halves' when I get home, and, as part of the same transaction with the received the requlaite assent of creditors. deeds under section 165. But if that bo ac giving of the said mortgages they obtained But it was contended, and this in effect was apply, as it is clear they osudu dolgot it the Court of Exchequer had their att, 3400) palling Poor Tom, I suppose he never auret But I wish I hadn't come. Jim is on the credit of the appellants, and for the the ruling of the Court below, that this as it cannot apply-it the attention was taught any better. There is an unmis.

more pointedly called to the provisions of takable gipsy look about him. He was bora when I say you didn't give me nothing, ho'll tion immediately before them as applying. the Bankruptcy Act, and also to the decision in a tent, brought up under the canopy punch my head for a story," purposes of carrying on their trade, and deed being one within the provisions of seems extremely difficult to regard the sec proceeds of bills for £20,000, drawn under and therefore operated to give the plaintiffe Their Lordships are disposed to read these of Lord Westbury. It was there held that of heaven with whatever education these applied in payment of their trade debts the Section 165 fell within those of Section 167. The said letters of credit, Nos, 978 and 999. all the rights of action which would have three sections together, to treat section 168 the legal right to ene in respect of debts interesting people give their children. I 5. Because all the impeached mortgages accrued to assignees in bankruptcy. It will and 169 as supplementary to section 167, and choses in action of the debtor did don't know what that amounts to, but not were given in pursuance of the obligation be necessary to examine both these sections, and to hold them all as applying only to not pass to ble trustees under a deed much probably. A strange life Tom's: the Instrument, or agreement whatsoever," and it 163. Section 165 may be described as an 194, and that section 197 did not apply And Tom is worth £60,000 if he is a penny. a deed so as to give to the You remember the time when the Daily 6. Because the said mortgages were not may be observed that the term "agreement" isolated section containing an isolated pro- to such executed in contemplation of bankruptcy, is here inserted, which is not to be found vision, doubtless a very valuable one, to trustees appointed under it the rights to News was not rich, and good mon but in the expectation that, by the help of in the previous clause, "made and executed the effect that if a debtor chooses to execute ane of assigness in bankruptcy. That is that respectable paper rather for glory than the monies raised by the negotiation of the by which a debtor not being a bankrupt any deed or agreement relating to the the very point to be determined in this greed. All that is changed. Expense is said bills for $20,000, the said firm might conveys, or covenants or agrees to convey, management of his property, or the liquida-case. If trustees have not by virtue of the now but a secondary consideration to the be enabled to tide over its difficulties and his estate and effects, except such portion tion of his debts, or his release from liability, operation of a. 194 and 197 of the English leading Liberal paper, we are informed thereof as aforesaid for the benefit of his he shall not keep it secret, but shall reglater Act (corresponding to ss. 165 and 167 of the by a French writer that the Daily News has Because the evidence shows that the creditors." It may be further observed that it for the information of persons whom it Ordinance) the power to sue in respect of a no fewer than five special correspondents said mortgages were not executed with the this clause contemplates not only a deed shall concern, under the penalty of Its not chose in action, it is because they have not on both banks of the Danube. With their If so it follows they have not the power of terpretere, they make a very respectable intention of fraudulent preference, but from conveying the bankrupt's estate, but an being admissible in evidence unless he does the rights of assignees in bankruptcy, and grooms, their coachmen, and their live in Such being the view which their Lord assignees in bankruptcy to sae in respect of total personnel. Each correspondent is said agreement to convey it; the clause proceeds, register it. 8. Because the original execution of the "or makes any arrangement or agreement aid mortgages was not the voluntary and with his creditors, or any person on ships would have been disposed to take of a fraudulent preference. This case was to have a two-horned wagon and a couple their behalf, for the distribution, inspec. this ordinance if there had been no authori- dealt with by the same Jadges, with Baron of good riding horses. Some of the Eng

18/101 tlon, conduct, management, or winding on the subject, they think it right now Channell in addition, who had decided the lish and American correspondents-the

30 days' sight,

3/201 up of his affairs or estate, or the release to refer to some of the cases decided upon ease of Symons v. George, and they came to Americans have not yet put forth their fall

6 months' rights ... or discharge of ench debtor from his debts the construction of the Act of 1861, the the conclusion, expressed by Baron Bram-strength-have great carriages ilke western Bank, on demand, ...

....3/11 I should doubt the utility of or liabilities, shall, within twenty-eight clauses of which, as before observed, are well, that the provisions of section 197 apply show-boxes, in which they sleep and est

.... 8/11/ days from and after the execution thereof almost identical in reference to the subject only to deeds entered into in conformity and write

Lordships cannot help observing that the telegram will spoll correspondence. Short Documentary, @mouths' sight, 3/11 by such debtor, or within auch further time matter now under discussion, with the with the provisions of seation 192. Their this unsocial system. And, after all, the Credits, as the Oourt shall allow, be registered in

learned Chlef Justice, when speaking of accounts will go far precede long detalls, Bombay, demand Rupees, The first case to be referred to is the case what he calls the dista of the judges in this that when the latter reach London or New Calcutta, the Court; and in default thereof shall not the part of the appellants, and in no sebe received in ovidence.”

of Ea parte Morgan (1. De Gez, Jones, and

30 days. voluntary or spontaneous acts on the part

This section, although it may possibly Smith, p. 288), which was decided by Lord case, and observing that he could not ax York by post, they will be old news, which Shanghai, demand,..." of the said firm of Augustine Heard & Co.

10. Because, independently of the opera include deeds described in the former, Westbury, than whom, it will be admitted, plain them, appears not to have appreciated no one but a few club idlers and studious tion of the said mortgages of February, embraces a large plans of deeds of a very no man was there competent to construe the full force and effect of the case Itself as military men will read. When the fall Bar Silver, 17, dats. B.

question,

will be in some danger. This will be no Gold Leaf, 1875, the handing over of the title deeds diferent character, and extends to agree the Bankruptcy Act of 1881. The part of clear decision of the very point now in fighting is on, correspondente at bath sides Mexicans, ...

The only other case to be notload is a rose-water war, and woe to the men caught English Sovereigns,

Australian Sovereigns, .. of the property, under the circumstances ments" of several kinds. It is wide enough the case material to the present inquiry

The German Government have forbid-Dimcount, above appearing, entitled the appellants to to comprise almost any written agreement, correctly stated in the fret part of the an equitable mortgage over all the heredita. whether ander teal or not, which the debtor marginal note:The registration of trant case before Vice Chancellor Bacon, of up in a retreat at either side. ments comprised in such title deeds, for may executo even without the consent of deeds under the 192nd and under the 194th Ex-parte Atkinson (8 L. Eq., 738), in securing the amount which they have paid any of his creditors, appointing an inspector sections of the Bankruptcy Act, 1861, which, undoubtedly, the Vice-Chancellor den the export of horses from the empire does not seem to have accepted in its full The reason assigned is that the French or trustee with the view of winding up or although in practice performed by the same in respect of the bills drawn upon them managing his effaire, although it does not officer, are distinct, and have different breadth the view of the Court of Exchequer, have been buying reinouuta on a large Hongkong Bank, 46 % prem, aforesaid, and to a lien on such title deeda convey the whole or any part of his estate, operations; and where, for the want of the that section 127 did not apply to deeds cale. Possibly the real cause is to prevent Unton Ins. Society of Canton, $800 securing the same amount.

11. Because the appellants are entitled or effect a "seasio bonorum." Sotion 106 papers required by the orders, registration under section 194. It is to be observed, the best animals in the country falling into Chins Traders Ins. Co., $2,900 to consider the said mortgages na invest is to this effectEvery such dead, on tinder the former section had been refused however, that he does not question the Russian handa for Austria, which has no Chinese Insurance Co., $250 touts of the proceeds of the bills draws being so registered no sfo esaid, shall have by the officer, and the applicant had re-decision in Pearson v. Pearson. He says: jealousy of France, has giver, or is about Yangtze Ins. Association, Tis. 790

a memorandum thereal written on the fabe gistered the deed under the 194th section!" With most sincere deference therefore to give, a similar order. William I, is at North China Ina, Co., Tic. 860 under the said letters of credit.

a panse of obligation.

spontaneous act of the mortgagora.

intended to be given by the said mortgages

9. Because the completion of the security

of

the mortgages and of the title deeds to

of February, 1875, by the handing over

agents of the appellants, and the granting

of the further mortgages of the 13th of

April, 1875, were the results of pressure on

12. Because the decros of the 16th of

February, 1878, setting aside the sald mortgages, and ordering the tit e deeds be given up, is erroneous,

clauses in the Ordinance of Hongkong,

27

**

QUICKSILVER ***

32

110

Ja

Exchange.

414

i. 222

17

... 222

F

74€ -73 ***

84 prem.

**

26.85 5.07 ... 5.07 *** 8 # 10-

Ausros,

of such deed, stating the day and the hour Held, that the registration did not prevent to the learned fudges by what that case Ems, and the Cologne Gatelte gives the E.K, Fire Ins. Co., $630

of the day at which the same was brought the deed, which was an assignment of all was decided, and not presuming to question following particulars of the mode in which China Fire Ins. Co., 187 into the office of the registrar for registra. the debtor's property, from being an act of their decision upon the subject to which it the fine old warrior-sovereign, now in bis H.K., & W. Dook Co., 20 % dia. to tion. 1 heir Lordships do not think it bankruptoy. It should be hare observed applies, I must say that it seems to me to eighty-first year, spends his time at that H.K. O. & M. E.-bost On., 12% dia.

necessary to determine whether this last that the 192nd, 198rd, and 194th sections be no authority for the proposition that watering place. The Emperor rises a little Shanghal Steam Navigation, Tis. 30 nom. The respondents replied as ueder- clause refers to the last class of deeds or to of the Act of 1881 correspond respectively because a deed of sasignment registered after six every morning. He is out on the Hongkong Gas Co., $75 nom. 1. Because the appellants assented to the the class of deeds before mentioned, or to with the 163rd, 164th, and 166th sections under section 194 does not enable the promenade before eight o'clock, and drinks Hongkong Hotel Co., 460 nom, deed of the 19th April, 1875, and the said both. The expression "dead," it taken of the Bankruptcy Ordinance of Hongkong. assignee to sue in his own name for a the waters at the prescribed intervals up to Chinese Imperial Loan, £103 Temperature. deed and the provisions of the 107th Article literally, would not apply to a more agree. In the course of his judgment Lord West chose la action which was the property half-pant uins. After that he receiver the of the Bankruptcy Ordinance, 1866, relativament in writing not ander seal. But the bury observes The protection intended of the assignee before the deed, there civil and military reports. The dinner is thereto, were binding and effectual as material question turns on the construction by the statute to be given to a dead under fore the 107th section has no application punctually at four, and a low guesta are (Taionet Messrs Palsoner & Co.'s Premièse, against the appellants.

of the 167th section. That section is to this the 192nd section was a protection extend- to such a deed, and that all the power always invited. Then a report is made to 4. Because at the time of the date and effect From and after the registration ing only to such deeds as should be duly and jurisdiction which by the 107th section the Emperor of the state of foreign affairs, execution of the said several deeds dated of every ench deed or instrument in manner registered in the manner and form required is given to the Court of Bankruptcy over a cabinet-courier coming every day to Ens, The effect of this decision would open day and night. Every evening, if the Tespectively the 2nd and 24th of February, aforesaid, the debtor and creditors, and by that section and the 193rd, which is every such dead after registration is wholly where also the telegraph office remains BAROMETER 1875, and the 18th April, 1876, the firta of trustees parties to such deed, or who have consequent thereon. The immediate ques. ousted." Augustine Beard and Co. were insolvent, ansated thersto, or are bound thereby, tion which I have to determine la, whether appear to be that, although the learned dinner is quickly over and pilttle time and the said several deeds were executed shall," &c. This description appears to be the dead before me is a deed which has Vice-Chancellor yields to the authority of remains before the early opening of the THERMOMETER-A......

Then he says:"To the case in the Court of Exchequer so far theatre, the Fieperor shows himself on the by or on behalf of that firm voluntarily and applicable to the different classes of persons been no-registered." in contemplation of bankruptay and to give who are specified in section 168, that is to determine that question it is necessary to as it holds that the provisions of the section public promenade. Then he goes to the the appallants a fraudulent preference over say, the debtor, the creditors, the trustees, observe, that in addition to the registration 167 do not apply to deeds tinder seotten play, and tales any important affairs arise, the other creditors of the said firm.

and those who without having samented to prescribed by the 193nd and 193rd sections, 194, so a to give to trustees under them His Majesty is always in bla bed before 3. Because the security attempted to be the deed are bound thereby corisiuly the it appeared to the Legislature expedient to the power of signees in bankruptsy, still eleven, the little iron bed that accompanies created by the said several deeds dated latter expression would not apply to deeds require another form of registration fos he thinks that there is some jurisdiction in him wherever he goes, German politiaans -pipectively the Fed and 20th of February | guder elpars 183. Then I pressed deeds which did not easetly comply with the Colirt of Bankruptcy to administes the affect to believe that Marshel MacMahon

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