dividend-I had, with the sanction of the Chief Justice, called a meeting of creditors and declared a dividend but when I applied for the signature of the Chief Justice to draw the money from the Treasury, on August 9, he took a month's time to consider his decision, and on September 4, although no one had raised any question, delivered in Chambers a long written judgment, in which he made a number of trivial objections to the form of my petition, and finally refused an order on the ground that I was not official assignee.
He had previously authorized me in my capacity of official assignee to call the meeting and declare the dividend, but when it came to distribute the money my title was absolutely denied, and I was charged with attempting to deceive the Court.
This was one of the bankruptcies in which the defaulting Deputy-Registrar (Huffam) had been appointed official assignee by the Governor in order to relieve the Registrar, and the money had been lying in the Colonial Treasury for more than ten years.
On this matter the Chief Justice, in giving evidence before the Commission appointed to inquire into the state of the Supreme Court, had said, "You will never be certain that Mr. Huffam is not official assignee unless you have an ordinance as to that."
Acting upon this, and upon what the Chief Justice himself had said to me as to the doubts he entertained, soon after my arrival in the colony, I consulted the Attorney-General, and he prepared an ordinance remedying the suggested defect, but the Chief Justice took grave offence at my having written to the Governor on the subject, and objected to the ordinance being passed. I then consulted the Puisne Judge who had previously made an order (which was then in force) removing Huffam and appointing my predecessor in office in the bankruptcy of Kiær,
II
and he agreed with me in entertaining no doubt as to the power of the Court. I thereupon came to the conclusion that, as the Bankruptcy Ordinance made me ex-officio official assignee without any qualification, it was my duty to proceed as I had done, but the Chief Justice seemed resolved that neither by ordinance nor in any other way should the Registrar be empowered to distribute the moneys saved from the wreck caused by the convict Huffam.
Whenever a bankruptcy came before the Court the Chief Justice almost invariably made some remarks on the supineness of the creditors, but when I instituted the practice of affixing a notice in the vestibule of the Courthouse inviting creditors to prove, I found that, so far from supineness being the characteristic of the Chinese, they were as diligent in claiming their rights, when they thought they would meet with recognition, as any people I have ever met with.
No sooner had my letter of September 7 been received by the Governor than the Chief Justice sent for me and proposed that I should withdraw it. He suggested that I should have four months' leave of absence, a free passage home, and as much compensation as could be arranged with the Governor, or as an alternative he was prepared to fight me. I at once accepted the first suggestion, and called upon the Colonial Secretary with the view of withdrawing the letter, but found that it had been sent on to the Governor, whom I then saw, and requested to withhold it for a time, as I thought we could arrange matters.
Previous, however, to withdrawing the letter, I informed the Chief Justice that I should consult with the Puisne Judge, and on doing so found that I should be required to apologise. As I had been the wronged party throughout, I could not but decline; thus the matter fell through,
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10
dividend-I had, with the sanction of the Chief Justice, called a mecting of creditors and declared a dividend but when I applied for the signature of the Chief Justice to draw the money from the Treasury, on August 9, he took a month's time to consider his decision, and on September 4, although no one had raised any question, delivered in Chambers a long written judgment, in which he made a number of trivial objections to the form of my petition, and finally refused an order on the ground that I was not official assignee.
He had previously authorized me in my capacity of official assignee to call the meeting and declare the divi. dend, but when it came to distribute the money my title was absolutely denied, and I was charged with attempting to deceive the Court.
This was one of the bankruptcies in which the default- ing Deputy-Registrar (Huffam) had been appointed official assignee by the Governor in order to relieve the Registrar, and the money had been lying in the Colonial Treasury for more than ten years.
On this matter the Chief Justice, in giving evidence before the Commission appointed to inquire into the state of the Supreme Court, had said, "You will never be cer- tain that Mr. Huffam is not official assignee unless you have an ordinance as to that."
Acting upon this, and upon what the Chief Justice him- self had said to me as to the doubts he entertained, soon after my arrival in the colony, I consulted the Attorney- General, and he prepared an ordinance remedying the suggested defect, but the Chief Justice took grave offence at my having written to the Governor on the subject, and objected to the ordinance being passed. I then consulted the Puisne Judge who had previously made an order (which was then in force) removing Huffam and appoint- ing my predecessor in office in the bankruptcy of Kiær,
II
and he agreed with me in entertaining no doubt as to the power of the Court. I thereupon came to the conclusion that, as the Bankruptcy Ordinance made me ex-officio official assignee without any qualification, it was my duty to proceed as I had done, but the Chief Justice seemed resolved that neither by ordinance nor in any other way should the Registrar be empowered to distribute the moneys saved from the wreck caused by the convict Huffam.
Whenever a bankruptcy came before the Court the Chief Justice almost invariably made some remarks on the supineness of the creditors, but when I instituted the practice of affixing a notice in the vestibule of the Court- house inviting creditors to prove, I found that, so far from supineness being the characteristic of the Chinese, they were as diligent in claiming their rights, when they thought they would meet with recognition, as any people I have ever met with.
No sooner had my letter of September 7 been received by the Governor than the Chief Justice sent for me and proposed that I should withdraw it. He suggested that I should have four months' leave of absence, a free passage home, and as much compensation as could be arranged with the Governor, or as an alternative he was prepared to fight me. I at once accepted the first sugges- tion, and called upon the Colonial Secretary with the view of withdrawing the letter, but found that it had been sent on to the Governor, whom I then saw, and requested to withhold it for a time, as I thought we could arrange matters.
Previous, however, to withdrawing the letter, I informed the Chief Justice that I should consult with the Puisne Judge, and on doing so found that I should be required to apologise. As I had been the wronged party through- out, I could not but decline; thus the matter fell through,
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