CO129-182 - Governor Hennessy - 1878 [9-12] — Page 311

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Official Assignee in the first instance. Ng Wal Ping's account is one of the three nominally closed. It is closed by payment of dividend. I have disallowed some commission in that account amounting to $962. That is in the former ledger, which was not kept by Mr. Huffam. I have every reason to believe it was kept by the former Registrar or Mr. Masson, I don't see any error in he account open before me. The next account closed is that of Sherrif Carrim. That is not an account which appears to have been taken over from some one else. The bankruptcy was annulled and there was a balance of $231.63. That is accounted for by "Paid commission Official Assignee $200; balance of ditto $31.63. I know the bankruptcy was anualled because I have examined papers. I know of no agreement on the part of the bankrupt to pay Mr. Huffam that money. The third account is that of George Francis MeLean, partner in Lyall, Still and Co. That I have not re-opened. Those are the three accounts I referred to. The payments I have disallowed are openly entered on the face of the accounts. The accounts on the whole are fairly kopt. I have not discovered vouchers of all the payments, but those for which I have not discovered vouchers are probable payments. I have commenced to examine other accounts of Mr. Huffau's. The number of accounts he has had during the last ten years in his different capacities amount to over a hundred. I cannot say what money has passed through his hands, but there have been liuudreds of thousands of dollars. By the Attorney-General--The commission charged in Sherrif Curriar's account was $255,04 on $488.11. The proper commission would be $23.41.

The Attorney-General said he thought it right to mention that where bankruptcies were an uulled it was customary to allow the Official Assignee something for his trouble, frequently with the consent of the Chief Justice.

Mr. Francis said the prisoner's statemont was that he was allowed the amount in question.

Mr. C. F. A. Sangster, clerk of the Supreme Court, said I remember Mr. Huffam's leaving the Colony last year. It was on the 6th May. I went on board the steamer with him,

He there gave me an envelope addressed to Mr. Sharp, which he requested me to deliver, and I was to receive an answer addressed to Mr. Huffam, to the care of Mrs. Hndam. I delivered that envelope next morning, because the steamer was delayed and did not leave until late. I believe Mr. Huffawo had four months' leave, with permission to obtain more leave in England. He returned in January this year. I recollect Saturday, 17th August. Mr. Huffam was at the office the pre- vious Monday. On Tuesday I received a note saying he was unwell. He did not return to the office after that. On Saturday I was sout to his house. I went in consequence of instructions from the Court. He had then gone. From inquiries I made I found he had gone to Macao. The steamer left at two o'clock. I went down to the wharf and saw the steamer leaving the harbour, By Mr. Francis-The envelope I received from Mr. Huffam for Mr. Sharp was an ordinary chit, it could not possibly have contained fifty $100 notes. Mr. Hutam's salary as Deputy Registrar is £150 a year. I cannot say when he was appointed. He was Deputy Registrar when I was appointed to the Court in 1874. Before that he was clerk of the Court. The salary of the clerk of the Court is £400. Mr. Huffam's work has been very heavy. He used to work very late and on Sundays. He has been Acting Begistrar, Deputy Registrar, Official Trusted, Official Assignee, and Registrar of Companies.. It is customary for officers of the Court to go to Macao on Saturday if they wish to. If I wanted to go I would mention it to Mr. Plunket or one of the judges.

By the Attorney-General-If I went to Macao without leave I would think it my duty to rotare on Monday unless I was prevented by illness. Mr. Huffam had other emoluments besides his salary as Deputy Registrar. His receipts as appraiser would amount to perhaps $100 or $150 : a year or sometimes more. He had a nominal salary of $30 as Registrar of Companies. When he acted as Registrar after Mr. Alexander's death he got half of the Registrar's salary and half of his own. The commission, he did not get; tho Official Assignee received commission up to the end of 1875.

Mr. P. Marquand, usher of the Conrt, said~I remember Monday, 19th August. I received a summons on that day for service on Mr. Hufanı. I went over to Macao. I saw Mr. Huffam there. I served him with a copy of the summons,

Ho

looked at it and asked no questións. He said no. thing about coming over.

After serving the

order I returned on the following day.

By Mr. Francis--I made no observations to Mr. Huftem myself about his coming or not. coming.

Inspector Corcoran said-I went with a war. rant to Macao on the 20th August. I saw the prisoner there, but was not able to arrest him on account of his being outside the jurisdiction. I came back on the following day and returned to Macao on the 29th August with the same war. : raut On the first gagasion I took a dispatch to tho Portuguese authorities from the Captain Superintendent of Police to which I raived an auswer. Ou the following occasion I took an other dispatch. I did not see the prisoner until the 31st. He was then brought on board the steamer by a Portuguese officer and handed over to me. I then arrested bin on the warrant I had and brought him to this colony, and he was charged before the magistrate on the 31st.

Me. F. Sharp, Crown Solicitor, ssid-My firm acted on behalf of four or five of the creditors in Lyall, Still and Co.'s estate. Mr. Toller had obiefly to do with that, but we both made appli- ! eations for the winding up of the estate. i heard on the 6th May, 1877. that Mr. Ruffam was going on a short leave of absence. On hear- ing this I mat Mr. Haffam in the vestibule of the Court. He was coming into the Court and he had a small bag in his hand, I addressed him in the ordinary way and expressed some surprise at his going away. I had heard he had not been well and he said a sea trip had been sug gested. He told me he was going to Hankow to take a steamer direct to Europe and back again. In the meantime his wife and children were going to remain her I then mentioned the matter of! Lyall, Still and Co.'s estate, which had not been wound up. He said "It is perfectly in order and as soon as I come back it will be settled." I think he said he would have to advertise in the Bombay and local papers before any dividend was declared, and that there was some little out- standing matter in Loudon. I expostulated with him on the delay and said I thought he ought to have settled it up before he took this holiday; also that if we heard anything from our clients in England we would have to press for a settlement. He said he would be back very shortly and that would be the first thing bo would see abont on his returs. He also said if it was! needed he could give some security or deposit. He gave me to understand there was some amount easily to be got at, but in what way I did not ask. I bid him good bye, and said "Now, pray let this be the first thing yon see to when you come back P" I don't know whether he came into court or not. This was about half-past eleven or twelve and he gave me to understand the steamer was starting that afternoon. On the following day Mr. Sangster gave me an envelope with a request I would send au acknowledgment to Mr. Huffam, care of Mrs. Huffam. It con- tained $5,000. I think it was in large notes. There was no letter with it. I was somewhat surprised. I consulted with my partner, and from the conversation I had had with Mr. Huffam the day before I felt sure this was simply! a deposit. We paid it in to our account ând credited it in our books to Mr. Huffam in Lyall, Still and Co. I was under the impres- sion I should hear from Mr. Huffam from Haukow or Singapore, but I never received any communication from him. He came back in January, and I frequently asked him about this estate and he said he was making up the accounts. On one occasion I asked him if he could tell me the approximate amount, there would be for dis- tribution. He told me the amount, and showed me some acconuts, which appeared to be in order. The $5,000 was mentioned, and he said it had botter be paid luck and then it would be put into the secounts. We gave him a cheque for$4,891.16, that being the balanco after deducting amount of an old bill due to us. The obeque was given to the order of Mr. Huffam. I was present at the dividend meeting with Mr. Wotton. The balance-sheet was produced and a large number of accounts which it was impossible to go into then. Mr. Haftam stated the totalassets were $47.018.66. and the claims proved $1,321,625.29, giving & dividend of over thres per cent. We asked for copies of the accounts to be supplied to us. 1 also took a copy of the list of creditors with the amount of claims, but I so not sure whether the amount of dividend was made out. The cheques were not paid. Both Mr. Toller and myself ap plied for them. We then found exchange was going down rapidly and we were desirous of sending home the money before it went down

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