1909-02-04 — Page 5

THURSDAY, FEBRUARY 4 1909.

IMPORTANT BANKRUPTCY

JUDGMENT.

Question of Strangers to

Bankruptcy.

At the Supreme Court, this morning, the Chief Justice, Sir Francis Piggott, delivered an important judgment in the Allana case, affecting the gacation of strangers to bankruptcy proceedings and dealing with the ocastitution of the Supreme Court,

not

THE CHINA MAIL.

i assume

LAYS

SPORTING.

Bolt

4

***

29 entries.

POOL.

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*** 8880 ...: 93-12-81 ...101-18-83

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CREDIT TERMS.

to adopt it, becanso 5 of 1861 refers to Home, and not on a section of the act, the "Chief Justion sitting in bankrupter," realies his security and prove for the balsave of his claim; but until he does this and it seems to me that the power he reels on his security, and stands outside zights and privileges," which are conferred the bankruptcy, and is just as much a upon him when he is sitting in bankrupter stranger to it as a person in the position are those personal privileges enjoyed by i

of Mr Marinan who had bought the The monthly competition for the Cap. business. Now let us 600 what the bala's Cup took place at Happy Valley julge at common law, as, for example the power to commit for contempt, and from position is. I send the trusted into between January 30th and February 16.

possession as if he were a receiver The following cards were returned. my experience in drafting, I know that it is of the bankrupt's property; I will

CAPTAIN'S GUF. necessary in order to remove doubts, to that the trustee knows nothing of what confer these old common law privileges on has taken place betwem the bankrupt and H. 0. R. Boucher...

Marican, but knows only that the business Major Close judge when he is sliting is a newly has been carried on by the bankrupt. Then E. E. Mackay *** created jurisdiction. I express this opinion Mr Marion, finding the trustee in posses G. H. Edwards The Chief Justice mid-A motion has in order to show that I have not overlooked sion, wants to have the rights, whiab heG. N. Orme been wads in this case which is penetically Mr Harston's argument. I am not positive alleges he bas, protcoted. That he may H. E. Tomlinson bring an action at Common Law I have no II.B. Bedwell... to set aside an assignment made by the whether it is the answer to it but in view doubt; but may he not ales come to me, Capt. Marray... Bankrupt Allons of his business to Marican, of the opinion I have formed

sitting in bankruptcy, and say Your order P.H. Holyoak... for certain reasons which are set out in the the question looked at from another sending the trustee into possession is Botics of motion. I say practically to set point of view it is necessary wrong; the business belongs not to the

but to me

bacatine I aside, because I am not quite sure that the far ma to decide the point dalinitely be of assignment. Burely he may. F. O. R. Bousher

a deed motion may not require some amendment I must now look at section 102 a little and this without it being necessary to H. Aylmer ... IT. 8: Forrest ... but a preliminary objection was taken more closely, and see whether, what I am find special authority in the set. by Mr Hastings on behalf of the pur- asked to do in this case, dona not fall within then, I have jurisdiction to entertain M. A. Murray chaser of the business, that this Court the Inhoront jurisdiction of the Court to such an application, I must also have Major Close

jurisdiction to antoroe the acquisition H. B. Bedwell sitting in bankraptor has no jurisdic-carry out the bankruptcy ordinance, with and retention of this property on the ap- H. E. Tomlinson ... tion to entertain such a motion, and the administration of which it is charged.plication of the trustee, for the question to Captain Murray ...

precisely the same in both

17 entries, this question was argued on the basis that Ellis v. Silber was much relied on by Mr be decided

esses: is this business the bankrupt's the motion was as I have described it. Hastings, but all it decides is that the property, or has he made a valid assign

* Winner of Captain's Cup.- + Tie for the pool. The objection stated shortly is this: That jurisdiction conferred on the Bankruptayment of it to the person who alleges that Court by section 102, is not an exclonien he is the true ownor? And if the right of this is a question which concerns a stranger to the bankruptoy: that the court of bank-jurisdiction; and that if proceedings are the trustee is challenged in any other way, being taken in the Court of Common Law self to be the owner, setting up bis right,

in this caso, by the person alleging him ruptcy at Home has jurisdiction to decide or Equity, it canust be said by virtue of by proclaiming its existence in Court or in such a question only in virtue of section thin section that they ought to have been any other way which would prevent the 102 of the Bankruptcy Act of 1883; that brought in bankruptcy. On the other trustee acting without bringing the

question before the Court, it section has not been introduced into the hand it is undoubtedly the fact that in movitable that I must have jurisdiction to Colonial Ordinance No 7 of 1891, which is all the cases either this section or its decide the question of right involved, bo otherwise band on the English act, and predecessor, eaction 72 of the Act of 1869, cause it is precisely the same as in the therefore this Court being the is referred to. But the contention in this simplor casos I have supposed. I therefore bankruptcy side of the Supreme Court, ease is that the effect of section 102 is to and of opinion that I have jurisdiction to entertain this motion. One thing further

ELIVEN-A-MIDE COMPETITION. has no jurisdiction. The problem thus greate all the jurisdiction which is neces should be asid: that even supposing the The replay of the Lusitano eleven-a-side which I have had theory to the Bankruptcy Court to deal with, argument on which my opinion is based football competition took place at Cause. raised is one greatest difficulty in solving. Section a question whenever a stranger is affected. Mr Matican is not stranger to the way Bay on Wednesday evening, between

wrong, I am very strongly of opinion that 102 of the Hama 'act gives certain Now, the first thing which strikes ono en bankruptcy. The facts are simply those the "" and "O" teams. A very inter- pur to the bankruptcy court, which looking at the section, is the reference to the signment was made on 2nd Novem-asting gate resulted in the "C" foam is to decide all question of priorities, and priorities." Is says that every Court box, the put the only sets are the proceeds wirning by one goal to vil,

ber, petition in bankruptcy was filed on all other questions of law and fact which having jurisdiction in Bankruptcy under of the sale, the purchase ice 8400 a month, may arise in any case of bankruptcy, of which it may down it necessary or ex-

the Act, is to have full power to decide for a certain period. It would require a pedient to decide for the purpose of doing all questions of priorities. Pausing there very great deal to convince me that the purchase was not made by Marican with s For a moment, certain priorities overview to bankruptcy proceedings, and still completo justice or reaking a complete; distribucion of property. This section has other debts in respect of a certain alase mora to induce me to hold that this did not been omitted frusu the Hongkong ordinance of debts- rates, wages, eta, are cront amount to a submission to the Bankruptcy Court sufficient to give jurisdiction to deal for reasons which are not apparent, and I do ed by section 31 of the ordinance, with the ssignment. The preliminary not think I have the right to enquire aliunde which is to all intents and purposes objection being docided in favour of the

from the explanatory report made by the the same provision as ecctions 1 and 2 of petitioning creditor, he must have the cost Attorney Genomi: of the time, what the the Act of 1888, which is added to section of the day in any event when the costs of reasons were which induced bim to omit it. 40 of the Act of 1883. Now, as these the motion came to taxation.

Mr Haralos formally moved for leave to BatImustock forthe reasons as beat Imay, priorities, which rank among themselves amand if necessary, He cannot have thought it saperfluous, pari pas, are determined by the act itself, because no law officer in a Colony would it seems clear that they are not the priorities referred to in section 102. We take upon himself the great responsibility must therefore go back to `section 9 (2), of ze deciding with regard to an important which is section 10 (2) of our ordinance section of such a piece of legislation. But That clanse provides that the precisions he may have thought it unnecessary in this of the section which deal with the effect of Colony having special regard to the con- a receiving order, are not to affect the stitution of the Supreme Court of the power of a secured creditor to realise or the work was dieno on the outside one, slate, the somewhat pronounced tail not payment of 20 cents cash, Hong-

tunt

Colony, and this is the contention advanced

by Mr Harston in support of the action. Now it has been assumed throughout the argument that the object of section 102, which was soetiner 79 of the act of 1869, is the

otherwise deal with his security. It is obvious that questions of priority may arise among the secured creditors and as they fin outside the bankruptcy, unless they are brought in by the crediters themselves,

TURF TOPICS.

The Buffa will oppose the R G. A.

read of the Hongkong hield competition. is eleven at 4 pm. to-morrow, in the second

Corp! Lekyer, H.M.LI., will be the refere.

i

dates that were not galloped yesterday As was anticipated, the Derby candi-

Though both courses were used, most of were put over short dis'auces this morning.

which was dry and fast. Some good times

were done.

The following were the times taken :---

ULD, PONIRAS,

Rugby Football

HONGKONG V. XAYY.

The under-mentioned will represent the Hongkong Football Club in a Rugby match on Friday; kick off at 5 p.m. Back, E. L. Shaw; three quarters, A. Gregory, W. 5. Huus, R. E. H. Oliver, A. E. Wood haires, L. I. Blackburn, I. P. Landon; forwards, H. G. G. Bailey, F. C. Hall, H. W. Lester, P. Liuton, W. B. Stanton, F. W. Thickness, S. P. Warbrook, F. D. E. Wolfe.

Scottish Sport

ASSOCIATION FOOTBALL.

We are half-way through the season, and nover was the League in a more love?

ROBINSON PIANO

YOU

Co.,

LD.

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TO SUBSCRIBE TO OUR

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LATEST NOVELS BY THE BEST LUTHORS (COLONIAL EDITION) ARRIVE EVERY MAIL.

PURCHASER of one Novel

at $1.00 becomes a mem-

ber and is entitled to exchange same for any other novel on

withstanding. At least four clubs have a kong currency, for every change.

chance of championship honours-Celtic,

Rangers, Duadee, and St Mirren; and Treasure Yellay, by Marion Kalth, Clyde is hanging on their skirts full of The Other Sara by Cartia Yorke,

Hamilico.

only section which confers jurisdiction on the court of bankruptey could have no mile and a quarter, (D), 44, 1.28, 1,59, constructive and destructive possibilities. The Blindness of Virtue, by Cosmo

Sidier Dhu, one mile and a half, het 2.33, 3.073.

Kirkwood, one mile, (o), 36, 1.14, 1.49, 2.217.

Stirrup Cup, three quarters, (o), 35, 1.10, 1.401.

Sutlej, three quarters, (5), 35, 1.08, 1.39. Double Zaro, three quarters, (a), 26%, Potho, three quarters, (o), 35, 1.67) 1.381.

Trind, three quarters, last half, (o), 4.062

Garth and Cattistock, three quarters, (o). 31.04, 1.39

DEBBY GRIFFINE.

SUBSCRIPTION GRIFFINS,

The only district out of it is Edinburgh | The Coventionalists, by R. H. Beacon. and the East..

In Wolf's Clothing, by O. Jarvice. A Maid of Honour, by Robert Aitken, Stolen Sweets, by W. De Queux, Paddy, the next East Thing, by Gert Page. Christian Murderers, by Winford Graham, The Judgment of Illingborough, by E. E.

Verdade. Rad Love, by G. Wentworth James. Flowers of Fire, by G. B. Burgio. Mr Beke of the Blocks, by Jonn Ayscough. Patricia Baring, by Winifred James,

by Percy White The Resour, The Sibgi of Venice, by Rachel Swete

Macasmara.

The outstanding incidents since my last letter have been the misfortunes of the Cultic With an undefeated record stuce September and their recant performances. it came as a shock to their supporters when they brinckled under to Clyde a team which has given us not a few surprise turns during the last mouths. The Celtic who went off the field with a single gos! against them, took it too saay during the first half, and when the goal went against them, they spoiled themselves by over-sariety to equalise matters. Next they met the Burgio. Rangers at Threr, where they came off well The Luck of Norman Dale, by Barry Pain The Elusive Pimpernel, by Baroness Orosy, with three to one. But last Saturday they

Some

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QUOTATIONS ON APPLICATION,

the court of bankruptcy against strangers power of dealing with such questions. This is certainly not said in so many words, Power is given to the court at Home by but it doca seem as if there is a conocer of section 102, to settle these priorities, and opinion that this is its object, that t give the bankruptcy court juriedict to eace I think most have arisen the idea decide questions affecting strangers to the that the section confers a power on the bankraptey, which would otherwise be court to determine questions affecting decided by the other cours. Now whatever strangers for secured creditors, unless they may be said as to the personal jurisdiction come in, aro accurately described 83 of the judges in England the different strangers to the bankruptcy; and those- jurisdictions of the Supreme Court are well Ente, by action 102 the court has power defined. but here everything is vested in to decide the priorities of these creditors the Chief Justice; the Puisns Judge has a among themselves. I am not are that co-ordinate jurisdiction, but for all practical this dous not furnish an answer to the Fernie, three quarters, (0), 31, 1.043, purposen the Chiof Jactice is the justice at question which has been raised as to the 1.40.

jurisdiction of this court subject to common law in equity and in bankruptcy.what I have alrendy said. I should have 1.27.

Missouri, three quarters, (o),, 1.06, and the Attorney General of the time may thought it clear that the Chief Justice sit- Vaga, three quarters, (o), 33, 1.11, 1.43. have said "what is the use of saying that ting in bankruptcy could not decido ques Desire, three quarters, (o), 26, 1.10, 1.42. the Chief Justice may do one day in bank-in the absence of a provision resembling tions of prioritien among secured creditors ruptcy what he may do tho next day in the section 102. I think therefore that the Little Dot Rose, three quarters, (a), 36, sama court, with the same staff in original emission of such a provision must have 1.102, 1.442. jurisdiction." I do not say that the been deliberate. I shall have to consider Seraph, one mile, last three quarters, (o),till have a little bit in hand, but they are several matches in arrear of the other reasoning is extisfactory and had I been the effect of section 30 of the exdinanca 38, 1.15, 1.499.

which refers to securad creditors, presently. Sir Joseph and Mummers, three drafting the ordinauce 1 should not have I think that this relieves me of the neces- quarters, ( 93, 1.07, 1,413, omitted this sectiou, because it is desirable sity of considering whether the remaining Bystander, thres quarters, (o), 33, 1.10, to preserve in the Colonis courts as far as words of this part of section 102-and 1.44.

all other questions whatsoever, whether of Bourhand, one milo, (v), 95, 1.15, 1.513, possible the forms of the courts at Home law or fact"-ars to be governed by 2.28 But in order to adopt this reasoning I should the juten generis role,, for if one part Gragstone and Constant, one mile, (i) have to satisfy myself that there is no proof the section was deliberately omitted 40, 1.17, 1.001, 2.25. vision which preserves here the lines of thing is quite clear, that the ju-1.4.

all of it must be trasted as omitted. But Lyman, three quarters, (1), 35, 1.08g, demarkation of the several jurisdictions of riadiation conferred by section 102 is ad- Gambler and White Knight, cae mile, the English courte. Mr Harston's most ditional to the normal jurisdiction of the (0), 38, 1.18, 1.47, 2.218. ingenious argamont in brief is thia-by-subject to the provisions of this act" 2.2.

Bankruptcy Court the section itself beigns

Regret, one mile, (e), 367, 1.12, 1.49, Calitio, Cliftonville, and Aberdeon. The it reminded him of the story of David and Various makes in stock, including TANGTE & WORTHINGTON,

first three wins were obtained away from Goliath. suction 4 of the repealed ordinance No 3 of and it is here that I think I have lighted

Barry, three quarters, (o), 7, 1.14, 1.50. home. 1858, which dealt with the constitution of upon the weak spot in Mr Hastings able

Ganduok, three quarters (0), 37, 1.11, Dandee bsa gained four points in two

A Marathon race was ran from Falkirk the Supreme Court, it is provided that it argument. Granted that section 102 con-1431,

.. matches. shall not be necessary to bring any procesit. fers a special power to deal with questions

Rangers are going strongly, to Powderhall, Edinburgh, on New Year's Swan, three quarters, (a), 56, 1.11, despite their defeat by their old enemies Day, ami filky-two competitors took part ing on the equity side of the court for the the extrame of saying that this means

affooting strangers, and without going to 1.437.

Asteroid and Waziri Chief, one mile, (0), of the Celtic St. Mirren are holding The reads unfortunataly were muddy, and purpose of bringing to another court any questions arising between strangers (bo-322, 1.08, 1.41, 2.16 equitable claim, défence or question incident cause although in the absence of the

their own, and no more, with draws the going heavy, the after effects of a mow CHIRO.

(of New York), or collateral or arising out of any proceeding authorities I should be strongly inclined to

Electrical Plans and Appliances. think it did, in the presence of these

The heavy game men rested for the lor. H. St. Ives, a Frenchman, residing

All Kinds of Machinery and exception of Hawick. And if Hawick had the shalengo cup. He looks about 6 ft 6 FAIRBANKS, MORSE & CO.

Engineering Supplies. only krown, they would have taken la, and no more than stone; but, sp- week-end of They might have found pacently, he is game to the core. P. White,

CONSOLIDATED PNEUMATIO ses quoted in the books under section, 9 THERE is always cause for alarm when a

TOOL CO., LTD, severe cold is sccompanied by pain fua mero pleasant way of bringing in the Dablin, was second T. Hynes, Ireland, "shall bars jurisdiction in bankruptcy, and creditor, who says he is secured, really the choat. Mr H. L. Ls Grange, who is New Year than by losing to Heriot's. It is third Curtis, Ireland, fourth: G. Din- Pneumatic Tools and Air Compressors

secured. If the bankraplay, couro canant manager of a store at Tanennville, 0.0, the first blot in their record, and now they wing, Dalston, fifth ; and P. J. M'Cafferty, for working on Iron, Wood or Rock. the Chief Justice when sitting in hank docide this question, but must, as it in

belioses Chamberlain's Coughs Rewedy in stand leval with the Watsonians and the Tighustrusich, sixth The Sosttish repre- ruptcy shall have all the powers, rights and contended, always remit the decision of it

better than the prescripsion of a physician. privileges which are now exercised or to another court, endless litigation would He says bad a boy in my employ who Glasgow Academinale. The downcome of sentatives did poorly.

result,

with endless costa, and the the chest, and got so bad be had to go to

had boun suffering from gold and a pain in the Bordurers is causing manola smuschent.

Holiday football was responsible for many changes in the table, and for nons less than the jump of Clyde to the fifth place. The Wee Clydes are on the war 31, Queen's Road Central,

path just now. They completed a sequence

of victories on Saturday by wiping out

Falkirk ; in eight days they have beaten

BUGBY.

HONGKONG.

MARATHON BAČINO,

on any other sido of the said court, but authorities I can bardly do so, it does not HOW A SOUTH AMERICAN MER holidays, as in their habis, with the in London, WAS AN CHEY winner of £60 and

overy such claim may be heard on petition

or motion instituted in such last mention

proceeding. By section 4 of ordinance

5 of 1854, the old bankraptey ordinance, it

was provided that the Supreme Cours

follow that all questions affecting stran-

gers are dealt with solely under sectiou

109.

must frequently arise, and looking at the

For there is this question, which

I should say has frequently arisan is the

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KITSON LIGHT

cnjoyed by him, except whore, this ordin true functions of the court of bankruptcy bed. I had the doctor attend him and There was something so cheeky in a wide race at the Inch, Parth, over a course of Brilliant Safe and Cheap Hilluminant by Kerosene OL: anco otherwise specially providea." The would disappear. It seeme to me imposs-several other comedies, but he got no better, like Heriat's, which stands pretty near the ten miles. Fourteen competitors started,

subsequent repealed ordinances 20 of ble contend that if a creditor mys ho

used

his work, We sell lots of it in the store,"

MANUFACTURER OF CHOCOLATE.

Thistle, third

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1991, bankruptcy and 6 of 1001, secured the court cannot decide whether falls tried Chamberlain's Cough Remedy, bottom of the list, gog domu south to 4. M'Then Clydesdale Harriers, was first; civil procedure, preserve rights and he is secured. I think that the court has an adore time he was up and about Hawick and beating the Texis" in their John Torrie, Gals and Poobles Harris, privileges, oto, jurisdiction or principle, oudsheet to decide the que For sale by all chemists and storekeepers own country. One player romarked the second and J. B. Matthews, Dundea

Hon, for under that section (section 50 of the sto,, created by the ordinances savomlly. Act al home) the trustee must sako posses- repealed. The argument is this that the sign of the bankrupt's property, and be court of bankruptcy by 5 of 1864 has they apply to the court not merely to en

force his esquisition, but sisu to unfores same powera, rights and privilegos as the his retention of it. Now, if the trustés Supreme Court m its original jurisdiction goes into possession of a business, es he and in this jurisdiction by 3 of 1558 the might have done in the present case, * distinction for the purpose of jurisdiction roditor who held security such to Me Mariaan does here, would naturally nome between equity and common law is abolish forward and set up his security is the court ed, therofors, the court in bankruptay has has power to enfores the trustees "roton- equity jurisdiction and therefore, section ten of the bus nese, And I think on the 109 in annondary because it would comer ordinary mesting of language this must mean to decide the question of his right to jurisdiction to decrie priorities etc intai pornon What differance est which is nicomly bas.......... It woms to me quite it make if the person who holds thé probable that this was in the mind of the recourtty te hots creditor. It se

perfectly Attorney General when drafting the bank tras that a secured creditor may, under section: 50 of the Colonial, Ordinanor

Fancy Cakes, Pastry, English Cakes, &c. Ploughton, When's bad; but JOHN & ROBERT HARVEY & CO., LIMITED.

ruptay ordinance in 1801, but I hesitate which is best on the bankis

Australian Butter and Hungarian Flour used only.

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