IN BANKRUPTCY
Before MR. JUSTICE SNOWDEN.
PRESS, WEDNESDAY, OCTOBER 27TH, 1880.
Mr. Gibbons—If your Lordship gives me an order in open court to go into Chambers I will go. His Lordship—I have said I am going to sit in Chambers.
Mr. Gibbons—Without any of the facts before me? His Lordship—Yes, I have not seen the papers. Mr. Gibbons—Then I must decline to go under those circumstances.
His Lordship—You must exercise your own discretion.
His Lordship—His claim is the same as that of your client in Bombay.
Mr. Brereton—And prepared to give him the undertaking we make to claim against him of pecuniary nature and guarantee him against all costs.
Mr. Gibbons—The only way will be to withdraw the writ.
His Lordship—Why should he be made defendant? I cannot understand it at all.
Mr. Brereton—Unless he makes a claim, which I understand Mr. Gibbons be desires, he can only be made defendant.
His Lordship—He refuses because he knows nothing at all about it.
Mr. Brereton—It is merely for the purpose of putting Mr. Gibbons in privacy with the suit that...
After a short time, his Lordship being engaged in the meanwhile on a small Summary Jurisdiction case, Mr. Gibbons again came into Court, apparently to ask his Lordship for some directions. After some remarks had been exchanged in a soft conversational tone of voice, Mr. Gibbons exclaimed—"There are 219 rules. I have tried, God knows how anxiously, to make it suit. God knows I have been intending to do what was right, though, as here as single-minded as I could. I have given up wife, and children, and everything dear to a man, and to be treated in this absurd manner!—His Lordship here sought to interrupt Mr. Gibbons, but that gentleman continued—"I am hanging over it by the machinations of a man—I dare not say what I think. I have petitioned the Governor for six weeks to give no inquiry into his conduct and to show that he be got to..."
IN RE HO LOND VLSO, His Lordship then delivered the following judgment—"Application is now made to me to give my decision on a question of order served in the hearing of a motion filed in this Court to restrain the Official Assignee for the time being from advertising in sale or public auction Lot 320 and Lot 223 £. The advertisement of the sale had appeared in the daily paper by the direction of the Official Assignee in open Court. He had no doubt about it in a case of this kind, and therefore he had come into absolute order restraining the Official Assignee to take it...
Mr. Brereton—And dreams of proceeding against Mr. Gibbons personally.
Mr. Gibbons—Then give me an undertaking that you don't proceed against me and I will put it on the file and not oppose. If you are full of brimful promises I will be satisfied, God...
Mr. Brereton said that the object was mainly to give Mr. Gibbons notice of the suit, and the present sequential. Mr...
His Lordship—I will hear the bench. Mr. Gibbons—If your Lordship leaves the bench I am sorry for it, but when I am and I have... Gibbons argued that the guarantee should an action brought against me, utterly ignorant...
Mr. Brereton complied with this and utterly ignorant of all the facts. By a guarantee in the name of Mr. Brereton's client, as possibly they might change their solicitors and not be bound and not here is a well-known case upon me, and then I wish to bring that so the notice of the court they may hear it in chambers: A £30 to be treated as a target for everyone to shoot at. When I find now this judgment was delivered and I am made responsible for costs? They may sue it is a sheer matter of form.
But about it. Where is the writ Henry Preaton Claims, defendant, $30,730. Is that a sum a man may stand by and find his solicitor liable for and he quiet? Trust the matter as an official matter? Who is going to indemnify so. I am perfectly willing to do everything fair and square, bound...
Before the Judge left the bench, Mr. Gibbons, addressing Mr. Brereton, said—"I don't know what to do about this case of Nursey Kossowjen. I say my right is to come into court and see my rights insisted on constantly. I am not satisfied to go into Chambers. Here the Judge lays down as a rule it should be heard in Chambers and brought into court if he thinks necessary.
On the matters coming on in Chambers, our reporter applied for admission, which was refused. Mr. Justice Snowden explained that as a rule matters taken in Chambers were private, but that he was himself always glad to assist reporters if the parties concerned desired they should be present; that in England the Judge's Chambers were private, and this same rights were reserved to the Judges here as at home—that matters were taken in Chambers for several reasons, first because the proceedings were less expensive, counsel not being allowed unless specially certified for; that the Examinations conducted in Chambers were more diligent; and lastly, that some matters were done there because it was desirable they should be heard in private. As an instance of the latter his Lordship mentioned proceedings in cases which were subsequently to be heard in court before a jury, when, if the preliminary proceedings were taken in public, the jury would have the case before them prejudicially before the trial.
IN THE MATTER OF NURSEY KOSSOWJEN AND OTHERS, BANKRUPTS—RECEIVER'S REPORT.
This case was adjourned from Chambers into Court.
Mr. Hearnton appeared for Mr. Taguer, the Official Assignee; and Mr. Johnson for the National Bank of India.
His Lordship, on taking his seat, said this was a matter which he thought ought to take place daily. The advertisement of the sale had appeared in the daily paper by the direction of the Official Assignee in open Court. He had no doubt about it in a case of this kind, and therefore he had come into absolute order restraining the Official Assignee to take it...
Mr. Gibbons then made his report. He said...
A discussion of a purely legal character then took place with reference to the process of the sale of the two North China Insurance shares. The National Bank of India had passed a prohibitory order with reference to those shares, and refused to come into the book-entry. Finally the matter was adjourned until the money should come into court.
At this time being present. Application was then made by the plaintiff's solicitor that the 15th July he presented a report in Chambers for costs, and I reserved to question for consideration. The Court is always reluctant to give costs against an Official Assignee who has acted through too much zeal and as he bona fide what misled by the circumstances. It must be understood that the present Official Assignee inherited the bankruptcy from his predecessor and is not responsible for the whole conduct of the business. On the 3rd December, 1879, there was a letter received from parties in Bombay to whom it appeared the bankrupts were indebted in Rs. 199,215. This motion was heard by Mr. Francis, the Acting Puisne Judge, and was refused with costs. The circumstances being stated, an assignment to a bond de gracia supplied, and with the exception of two lots, amounting together to Rs. 88,000, there were no creditors who had proved or claims in Hongkong. There was then standing $652 respecting which he asked for directions as to the course and proposed it should receive it. That matter being the solicitor for some clients who had obtained execution against the bankrupt and registered, who was then ready to proceed against the Hongkong and Shanghai Bank for $14,780. A letter was received from parties in Bombay to whom it appeared the bankrupts were indebted in a large sum. On the 20th August, 1879, from other parties to whom the legal estate was vested, it was stated that the firm was indebted in Rs. 137,973 for goods supplied, and with the exception of two lots, amounting together to Rs. 88,000, there were no creditors who had proved or claims in Hongkong. There was then standing $652 respecting which he asked for directions as to the course and proposed it should receive it.
His Lordship—You must not say that. Mr. Gibbons—But I do say it. He disobeyed...
Mr. Brereton said the case was rather peculiar. The intricacies were many. The bankrupts here and in Bombay were adjudicated on the same day. The Official Assignee's adjudication is to be tested in the Official Assignee's hands. They were made bankrupts in Bombay, and it was found that the more prudent course would be to make the whole winding up take place in Bombay, most of the creditors and assets being there.
His Lordship—No: in Chambers.
There being an Official Assignee in Bombay and a Chief Assignee here caused a little complication. As to the application to proceed against the Hongkong and Shanghai Banking Corporation, that the sum was $39,000 odd instead of $134,000. That had been going on for some time and the other day they went before the Chief Justice in Chambers in an interlocutory proceeding.
His Lordship—Then I will adjourn into Court.
Mr. Gibbons—As far as your Lordship is concerned, I will always attend as a matter of courtesy anywhere where your Lordship chooses to sit, even when his Lordship suggested that Mr. Gibbons, as being the Official Assignee of the bankrupts in Hongkong, should be made a party to the suit. Shall adjourn into court.
His Lordship—As a plaintiff?
Mr. Brereton—Defendant, I think, was mentioned; perhaps plaintiff would have better.
His Lordship—Now, Mr. Gibbons, really it is not courteous to the court to express your dissent. I am going to sit in Chambers now. I am going to exercise my discretion. When I show it is a proper case to come into court I will lay down rule that all matters are to be taken in Chambers (unless by consent) and be at once presented.
His Lordship—As a consequence of that I made Mr. Gibbons party to the suit. I have told Mr. Gibbons that if he will instruct me or my partner, Mr. Wotton, to appear for him in the suit I will give him a guarantee to hold him indemnified against any claim. I will costs in court.
Page 329
4. F. Gibbons to Acting Colonial Secretary.
Copy. The Honble H Secretary L.L.C.
Acting Colonial Secretary
Sir,
I have the honour to acknowledge the receipt of your letter No. 1447 dated 29th October, 1880, informing me that the Governor has thought my proceedings should be dealt with under Chapter 18 Section II of the Colonial Regulations, and further that the Chief Justice and Mr. Justice Snowden have forwarded a letter charging me with having made observations in open Court; and also that His Excellency has...
Extract Kong Kony Zaily Press October 27th 1880
IN BANKATPTCY
Becos M. JUSTICS SNOWDEN.
i
› PRESS, WEDNESDAY, OCTOBER 27тe, 1880.
Mr. (ilbhas-If your Lordship gives me an order in open court to go into Chairbers I will go. Uis Lordskip-I have said I am going to sit in Cherubers.
Mr. Gibbous-Without any of the facts before
His Lordship Yes, I ham not soon the papers. Mr. Gibbs-Then I must decline to go under tboss eiroamstances.
Ks Lordship-You must exeroise your own disaretina.
į
|
His Larlehip-Wis olaim is the same as that of your client in Bozbey,
Mr. Brersten and prepared to give him ke andartaking we make to claim arainst him of peruniary nature and quarantee him against ali
ccents.
c. Gihhony--The only way will be to with- draw the writ
Pis Lonship Why should he be ziade de. ferlaat? I cannot understand it at all.
Me Brere--Unbras he makusa olsin, which
I understand en Mr. Giblous be dess but, he can caly be made defendaus.
His Toshi-He refuses because he knows nothing at all bond it.
Mr. BravetIt is merely for the parpose of patting Mr. Gibbous in privacy with the sait that
After a short time, his Lordship being engaged in the meanwhile on a smalt Summary Jurisdic. tion aase, Mr. Gibbons again carns into Court, - parently to ask his Loriship for some directions. After some remarks had been szobangal in a soft- versational tene of raise. Mr. Gibbons assimil --Therm 219 m. ruies. I have tried, God kuwabe is made u dufendent. how anciently, to make it sat. God knows I hareben intending todo what was righttheongħ. ar 3 bars as here as single-minded us I opold. I hare given up wife, and children, and aversthing dear to a men, and to be treated in this award manner!-His Lordship here sayght to intercapt Mr. Gibbons, but that gen- Hewan centiuns-Bain hanging over is by the machinations of a man- dare not say what i think I have potitioned the Gosemor for six works to give no inquiry into his conduct and In show that he be got t
IN RE HO LOND VLSO, His Lordship nor delivered the following judgment-Application is now made to me to ziva my dosision on a question of os served the aus in the hearing of a mantos filed in this Court to strain the OH- Assigner for the time butor from Ivertising in sale or pablie anetion lot 3D mad iniend Int 223 £. The advertisonart of the sale bed appeared in the
His Lonishin culled be the order made by the Chief Justloeis Chambers. The order was to the offent that the Offvist Assizone he madu Anfra daat. His lordship said that being so he could nut sau aside the order, and it would most the case if Mr. Brereton gave the gustantes.
Mr. Bruceton-N and dreams of preceding against Mr. Gibbons personally.
Mr. Gibbous--Thor pen give me an under. taking that you don't proved against me and I will put it on the file and not apport. If you any if is all bratum fulmes I will be satinGod.
Mr Bean rated that tha object was warmly to give Mr. Gibbons nobieg of the suit, and
tha pusenter seguiral. Mr.
His Lordship-I will bears the bench. Mr. Gibbs--If your Lordship leaves the teach i Hus sorry for it, but when I and I have. Gibboss aghot that the guerentes should an action brought against une, uttely jaroent
Mr. Breton complied with this
and attery ignorant of all the facts. hy a gautlaba in the nuane of Mr. Brereton's c'ienta, as pos- raas in Banbay whom I have never eseu, for five sibly they might shanga their anlicitors and not and thirty thousand dedure--1 and made a deford foul themselves bound and nod here is a well sorred upon me, and then I wish to bring that so the notice of the court they y they will hour it in shacabra Hear that in alibers: A £ to be tretail ne a target for Averyone to shoot as. when I find now this judg. was delivery and I pe malo responsible for cova? They may sue it is a sher, matterof form.
15 but about it. Were is the writ
Henry Prelation Chains, dafendant, $30.730 Is that a sem a mau may stau by aud find bi soli uuste liable for and ho quies: trut the m far as an etivia! insiter? Who is geing to in- damuifg so. I am pertently willing to avo everything fair and shove bourd.
flore the Judge lott the hensh.
Mr. Gibhans, addicessing Ve. Brazelor, said-
I don't know what to do about this case of
Nursey Kossowjen. I say my right is to come intcourt and see my rights insided in constantí
i not sarriediota Chambers. Here the Japa
down as a rola it aboull be board in Chambara and brought into coget if he thinks necessary.
On the metters coming on in Charaters, our repuerer applied for admission, which was refuzBil Mr. Justice Boosñen explained that as a rule muitos taken in Charters were private, but that he was timself always glad to aus tas reporters if the parties couned dosiced they should be present; that in Bagined the Judges Chambor were private, and this sans rights were reserved to the Judges bore as at home that matters wara taken in Chambers for usteral ressons, first ronapse the proceedings were loss expensive, consel uut being allowed anims specially eer- tified for; that the Esomasiuns T confacted in ja mort dolguíal mursor; and lastly, that sotae
matters we do who because it was desirable! they should in boned in private. As an instance! or the latter his Lordship mentionem? proceedings it cases watch were subsequently to be beard in court hofov ajary, when, if the proliminer pro- I seedings were taken in pubiis, the jury would hate the case before them pieosmnal before the sial IN THE MATTER OF NURSET KNBSOWÆRE AND
orHUES, BANKRUPTS-REJTKAR'S ENPOUT.
This vase was adjourned from Chambers into Court.
Mr. Hearnton apeird for Mr. Taguer, the Official Asired stay: oud Mr. Jobuson for the National Bank Fulin.
Mis Lordship, on taking his saat, said this was
a bouring which he thought ought to take plac
daily paper by the dimotion of the oil in opan Cart. He had no doubt about it in a Assigns. On the hearing the rain was made! case of this kind, and therefore he had come into absolatardan order road restraining the OBaird Court & take it
Mr. Gibbronx thea made his report. He said
Se dizmussion of a purely legal character then took place with inference in the process of the sale of the two North China Insurance shures. The National Gok of folia had jasnad a probi. bitery order with reference to those stazes, and refuse to come into the bookempty. Finally the atter was adjourned until the money should
come inzo coart.
Asus tine bring as pray. Apli rating was then made by the plaintiff's mafiori Phat the 15th Toig ha presented a report în i for costs, and I reserved to question for con. This matter to this effect, that in January, 1879, deration. The Coert is always rolestant to give these bankrupts were declərəd bankrupts. There costs against an Offeint Assigns who has cerad was a writ of gracosion against their gumis irated through too much seal and as he bon on the 18th Janary by the National Bank of what misled by the sirenestaners. It must be India for $20,000. Upon that tiny were declared tered that the present Offcial Assignee in.bankapts. An order was made in July, 1879, to burited the bankruptcy from Als prxissessor and parait the bankrupts so gola Bombay, to attend is not responsible for the whole conduct of tire the proceedinga thera, vo thoje rulertaking usiness. On the Bod Darember, 1879, there when ruminal. In October, 1973, the blaiti's solicitor had applied to the chart for kicial Assigame of Bombay obtained lesen by ha shorter to rent the Odleial Aesiroos, the livitor to pronod nginst the Hongkong and Shanghai Bank for $14.780. A letter wear- Kon C. R. Planket, to give noder powers cou- forced by the Bankenpty Ordinace to a person reived from pactios in Rombay to whom it ap!! named Atis no assignment of the same lote, and the ballerupts were indebted in RA. 199,215 This motion was head, I that, before Mr. fur goda and yarn supplbud pesvious to the bark Franois, the Aeting Poiare Judge, and was dis-rayrey, and acoder istler was received on tha rafased with ensts. Thro cirunstuces bared. Angusi, 1879, from other parties to win Leasy Chen, in won the legal estate as the firm was indebted in Bs. 137,973 for saros vented, jolout in an assignment to a bord de gomis supplied, ated with the excaption uf Į purchaser, Su Sing Kai, having batore refused to them two lakes, amenating together to fta. sire to his render, Mr. Ha Atim. Previous 88,000, there woes an orditors who had pak to the advertisement of the sale of the property in proofs or claims in Hongkong. There was there had been a meeting of creditore, na duly then standing $652 respecting which he asked ,, and Mr. Heless, who was, I heliore, the diesetiras of the conse and propowed it should arceive it. That mattèg the solicitor for some elivets who bed obtain be paid to the Olvial Assigned in Bowbay, execution sgalost the bankrupt and registered, who was then ready probibitory uniors against certain portion of his game before the Chief Justine in July last, and Testate, suggested that the property should be the court suggested that the Uficial Assignee in forthwith acid and the Tuccile stived and, Bombay should petition the court to pay the divided. The property was mivortiant for sale, wong over to hila, sad that Mr. Brereton, the injunction obtained as I have said, so there is solicitor, should get in the assets bure. After costs incurrat. No doubt the Official Arágnes that it was a contained there were two shares in sught the rasttar was res judie ta sm that is the North China Taurace Company at Shane- washe duty to resist tire motion for an injunction bai, sad by the articles of aanciation the di But the state of recrons bad yowar to sell shura belonging to re- in the interc of the cratiters. ireavstances had altered. The Ofisial Assignes esleitrant shareholders. Mr. Starkie, the agent i at always protect himself either by obtaining the bare, woote to him that the directors proposed to s of the eart to cannone, progGoule or ant ander their powers. Thereupon it was nr. 1 defend in spy proceeding, or us may ends to the ranged between M. Starkia red bimaalf that th court and obtain its exertion. This is specisdron harus suvald be sold. Mr. Sarkin to bring the of the matters which the bankrapte law of 81 money hare suð bund it in him, is to give natics in rule says may be the subject of an apeli-i to M. Brereton and niso to the Nationel Bank of ration to the Commissioner in Casters and to India, in order that they might some bafura Mis the Judge hore. With Ofis Assignas ap. Court and substantiate their claims. That had plied to the conrt the title of Mr. Brereton's not yet been done. On the 1st July, as he had client to these lots would have bega egamined, uid, be presented his report aui asko for it it was sound sal would not bs resistedirections as to the 8652, which he had in his bande the advertisement of the sale would have been still. The Court rule an order, bui on the füh withdraw and D expanse incurred By Gotɔlme, now (wolve days ago, he was served Faction f the Official Assignee is reload with a writ of summons in sait. No 31 entitla. from persoon liability for any aut down by hiru plaintiff. Official Avigues of Bombay, in the should the petitioning creditor's ded or the state of Nursey Kassa joe and others, against allegt act of bankruptcy men out to be incut the Hongkong and She rhat Banking Corpora Well, the writ varved on him ca ant This is the only pretection 1 van find tion and himself as Offeint Assigned of the thrown and the Oficial Assigns by the bank- estate here
On the other hand, 7 ford (Offinquired him to reply within eight days, and the | raptey jaw.
andifalmer.p.658) the Assiques are liable for the samauens was for $3879 payable by the defen posts under an interplader issue in which they darts to the plaintiffs for money bad and co- foil Assignar are hable, too, for torts surnudad, lastved by the drierdants for evisio of the said though einwitted whilst dealing with assets. Narsey Kussowien, otu, bafore their inrotraney. Also, where the Assignee's title to any of the with interest tharoon as the rate of eight par hankrupt's property is in dispale they are hable cent. from the 3 June, 1878 That ass & for damages und costs in defending it whether matter of which he keas nothing whatever. The there are assets or nes to indemnify them Griffithsele intration of anything of the kind he had and Holmes, 8561. These precedings, however, had was that the Official Assigns in Bombay on in which I am sakad to give out against the the 1915 Octobor, 183), amplind for have to Inali Official Assignee were taken with the casset, jtute proceedings not for $500 but for $14,000. e had usver received a farthing from the and I any say at the instipation, of a mesting of creditors, and therefore, en spplication being Rank, If he appeared in the action we ren. inde, I shil authorise the Choti Assignee toidered hinweif tiahin to costs. If the proceed. reeong himself out of any assets which may come ing went on it was only putting the parties to andersgate expense by riding an unessary to cau
Mr. Urmat, wie appeared for the plantiff. ¡dsfongeot. That was owing to the Chief Justice: AU the movies asked if he understood the official signo bad he 3 st know whether he (tho Chiaf Jus(ler)
wude any order to that foot. to pay the costs.
Ir. Gibbous-Yon bad butter issue exenatino be had ronivad were 8632. The last time be sa Ir. Starko he said he expected very sou ta against me nud make me a bankrupt.
Subsequently Mr. Gibbous spoke to his Lead.hear town Shanghai shout the sale of the shares; ahip, bat the whole of his remarks were not heard of enuse it sevir some little to communicata. is the body of the court. He was beard to say, Something must be done with regard to the writ. bowever, that one of the case against him with His Lordship asked Mr. Brereton to tell him whai grounds be made the Official Assignes! instigated by the Chief Justice."
bere a party to the salt.
1 Fardship-You onet wat say that
Mr Chb-But I do say it. Ho disobed
Mr. Bieraton sail the rise was eather peculiar.
I should be male defendert. Ise sure your The inntrepta vero maŭo įsakrupts here sad on. Lordship will andvestand I ara speaking with al?
Lasir adjudication is to teeted in the Of
dos resport to the chart, but I have we mess of | Beint Assignse Shurday afterwards they were interovifying myself against all these inbilities. made bankrapte in Bombay, and it was found cannot do anything after this. Do I under than the more ponyspisut eonro would be to: stand that your Lordship takes these matters make the whole winding up tako plan in Bombay, most of the creditors an assete being the bankrugter and probate matters) here.
His Lordship-No: in Chambers.
there There being an Official Assignee in
Mr. Gibbous-Thon allow me to protest, ter Bohay ont su Chaial Assignes hüre caused this wason: Nurser Kerjee's is one of those a little oomplication. As to the application Bane we found after the fret suplication cases I wish to say i cannot be taken troept to proceed against the Hongkong and Shanghai į Lia Court.
Hardship-Then i will adjourn into Court. I that the stonn was 339.000 old instead of Mr. Gibbons-As far as your Lordship is-con-1314,000. That bad heen going on for sume tídic, innad, I will always attend as a matter of contray i zad the other day they went before bbe Chief anywhere where your Lordship shooses to sit, Justice in Chambers in su imberlocutory pro Ending when his Lardship ruggested that Mr. but as a matter of daty I don't
His Lordship A gying to sit in Chambees! Gibbons, ka being the Official Aesigns of the now. I so going to exeraise my discretion. When bankrupts in Hongkong, shosil be made a party show it is a preger onse to come into soart I to the mit. Ahail adjourn into court.
Mr. Gibbous-If your Lordship is going to
His Lordship-As a plaintiff ?
Mr. Brecotou-Defeadant, I think, was men-
In
to lay down rule that all matters are to be tional; prreaps plaintiff woubl have better. I taken in Cham
ingresoal by coause) stud be as once masented.
His Lorishig-Now, Mr. Gibbons, really it is conseguendo of that I made Mr. Hibbons party not cargretful to the court to express year die. I have foil Mr. Gribbons that if he will instrant sent. Is poing to sit in Chazeters. 1 I ang me or my partner. Mr. Wotton, to appear lar in Chamber that a cos anebt tu estas to court him in lba wait 1 will give him a guarantee to
hold i temuiflent against any claim. 1 will cuts al court.
0/0 2865
H.
328
4. F. Gibbons Engry to Acting Colonial: Secretary.
Copy. The Houble H Secourt L.L. O.
Acting Colonial Sécretary
Siv
336
I have the honour to acknowledge.
the receipt of yours letter? I? 1447 datok 29th October, 1880, informing.
His Excellency
proper
that
that
the Governor has thought
my proceedings
should
be dealt with under Chapter 18
the Colonial Regulations,
section) II
of
and further that the Chief justice: Mr Justice
has forwarded a letter of Snowden charging
me
with having
made observations in open Court; and also that His Excellency hav
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