250
THE HONGKONG WEEKLY PRESS AND
in question. That had been the excuse for was or was not to be extended beyond the land putting them off. He would suggest that the delay of 20 months had occurred mainly in con- sequence, first of waiting for the return of the Attorney-General and afterwards with the view of getting some answer from the Attorney had no assurance that after two or three months General as to what he proposed to do. They had been allowed to elapse and another applica- tion was made they would get any different torney-General could have offered a definite answer than they had got already. The At
refusing. He understood the wish of the Court suggestion and thrown upon them the onus of to be that there should be au immediate stay of proceedings.
The Chief Justice-The suggestion is that the new Governor should be given the opportunity of investigating, and your application for leave to amend should stand over.
1893. Wong Yek Wing died in September or Octob
!April 2, 14: At the time of his death he was inde to him in the sum of 600 taels and 179 Moles interest,
kept in taels.
The Official Receiver-All the books an people to keep them in dollars, but they a I have often tried to get the
cash and half cents. unable to do so.
The go actually into tak
was his brother, and be took over his shar Examination contintod--Wong Yek Win
village as himself, retired in 1895, and be Wong Sung Wi, who came from the
Heborrowed $20 from Wong Qwai In and bought his share, paying him $700 in c from Wong Tung Heng. The money was a ment because be paid them the interest every owing. They had not pressed him for re year.
He had had ac other partners. O January 26th, 1895, he transferred one of it shares to one of his sons without any considera tion. He valued tho share at $700. At t time be owned four shares in the business, being the sole partner. Hisson was 14 years of s when he made him a present of this share clients, and they were quite prepared to consent
Mr. Francis said he had consulted with his 16 years of age according to Chinose reckoning He wanted his son to learn the business and to the carrying out of the suggestion of the assist him in it. He as never in the Bank Chief Justice, and he presumed that the order ruptcy Court before and never in monetary motions for leave to amend stand adjourned sine would be "that the argument and the cross.difficulties nutil rectly. The books pr die, with liberty to oither party to apply." Would his Lordship also permit him to say it that his client had say-bis client specially asked him to anxions from beginning to end to settle been most the case without litigation if it could possibly be done, and at different stages he had mentioned the matter to him.
After some little discussion on the point the Court adjourned to give Mr. Francis the up- portunity of cousulting with his clients.
On the Court re-assembling,
made the defendant in a suit which after being asleep for a long time was revived refreshed by its slumbers apparently and broken out into great vigour again. Supposing his learned friend were to succeed what necessity would there be for any maudamus to compel the Governor to do a certain thing until it was ascertained whether he was inclined to do it or not? The discretion of one Governor did not bind another Governor in matters of this kind. It might have been a very inconvenient thing some years ago for a Governor to have had an enquiry as to the damage done a person by the alleged silting up of the fore shore. an enquiry been held and the damages assessed Had such at $100 the same person might have come the following month and said "you have paid me $100, but you have not assessed future damages." Therefore, it followed that if the enquiry had taken place some years ago it must have been as to how much damage had been done up to a giron date. There world have been nothing to prevent the man coming six months atter- wards and saying that the silting up was cou- tinued and in a rather aggravated form, and that he wanted more ecmpensation. Continu ing, the Attorney-General argued that if Sir William Robinson had died this action would have been in abeyance, and the course to be taken would have been to move the stay of pro- ceedings. He was very glad that Sir William Robinson had not died, but for all practical par poses what was the difference between his dy- ing and his causing to occupy the position of Governor so far as that action was concerned? As far as the motion weat for staying proceed ings, he should be quite willing to go in for such a form as the Court might direct. On the first blush he was inclined to make his motion say that the action should be dismissed, because he felt that unless an amendment was made his learned friend what he told him some time The Attorney-General said he had just told unless somebody was substituted-there was an end to the action. He would have moved that work was carried on in front of Mr. Howard's ago, and that was that when the reclamation the action be dismissed if he could have found godown then would be the time for the inves- anything in the code anthorising the dismissal igation of the claims he had to damage by the of the action. That they could do so in Eng-interposition of the Reclamation Works be- land was abundantly clear. The time had now tween his godown and the harbour, and that arrived when unless an "amendment was made further proceedings in this particular action Attorney-General would have no objection to when he made his claim for that damage the would be a pure waste of time.
substantiate for intermediate damage evused by his making such farther claim as he could the alleged silting up of his foreshore during taally reached the front of his premises. the period before the Reclamation Works ac-
The
The point was further argued between the Court and the Attorney-General, after which
The Chief Justice said there was no doubt that in a case like that a good deal depended upon the personality of the Governor. plaintiffs alleged that Sir William Robinson, the late Governor, bad refused to make an enquiry and investigate their claim for com. pensation for damages. They must take it for present purposes that that was so. Sir William Robinson had gone, and it was no use issu. ing a mandamus so far as be was concerned. The new Govornor would be here shortly, and he should be very reluctant to order him to do a thing which he had never ha the option of saying whether he would do or not. He suggested to Mr. Francis that it would be a reasonable and fair thing to make application to the new Governor. Of course if Mr. Francis declined to adopt this course they would hear any arguments he might have to advance.
Mr. Francis said he should certainly like to have the opportunity of considering the matter. It might be that there wire matters known to him which it was dieult just then to refer to. It might be possible that there had been communications between the parties or between himself as representing the plaintiffs and the Attorney-General that certain proposals had been made and had been refused, proposals of the character suggested by his Lordship--and it might be that the Attorney-General had taken up such an attitude" which bad led them to assume that the Government would act in the future as in the past. He would venture to suggest that it was possible that the late Governor might never have been personally troubled for ten rainutes about the whole matter, and what had been done might simply have been the aut of his Executive Council, or Colonial Secretary, or Attorney-General, who adrised him and whose advice be accepted. The prin cipal dificulty was this; that they had no reason whatever for believing that any dif- ference whatever would be made in the advice given to the Governor. They had been rofused any assurance whatever as to whether the Praya
The Chief Justice thought this a very reason- able decision and hoped it would lead to very satisfactory results. They would bear in mind that the question of ecsts would have to be dealt with.
An order in the terms mentioned by Mr. Francis was then made, and the Court ad- journed sine die.
31st March.
IN BAKRUPTCY.
BEFORE HIS HONOUR SIR JOHN CARRINGTON.
Re THE SAMEE FIRM.
Wong Weng and his son, who traded under the style of the Samke firm as foreign goods dealers at 259, Queen's Road Central, came up for their public examination. The statement of affairs showed the gross liabilities to be $17,448.59, the asset being put down at $8,383.83, leaving a eficiency of $9,064.76. Mr. Wilkinson represented the majority of the ereditors.
WAS
duced were all he had except one--the slot book-which was missing. He did not knew where it was. His son kept the books for bim. His business had heen going down losing $616 dollars in 1895 and $2,330 in 189 since 1894 or 1895, at the time of the plagu
little over $18,000. He continued to lose mos His total liabilities at the end of 1896 were a from the year of the plague up to the dete of $17,418:59. He accounted for the decrease in filing his petition, when his liabitition wer
making losses, by the bigher price of goods. He his liabilities, while at the same time he was
eleven days before he signed his petition. He lef went to his native country on December 4th last his son in charge of the shop and four or five s vants. Business was carried on as usual, no weit had been issued against hire.
He went away to collect debts and to repair th did not know of bis on knowledge whet tombs of his father. and grandfather. took place in his shop while he was away. Ha did not tell his brother he was in difficulties, and send them over to the shop to take charge i When he came back . Décember Jith he found the door of his shop closed, and hs sou told him he had led a petition is the Bankruptcy Court the day previous.
By Mr. Wilkinson-He was the sole manager of the business, the partners he had mentioned being dormant partners Up to 1894 there was a profit every year. He had carried his busines ou in the same way during the whole of the time he bad boon in business. His business! was both retail and wholesale.
The son having also been examined, the public examination was adjourned until Thes day week at half-past ten.
Re 1901 ON.
Taoi On, who formerly carried ou business 364, Queen's Road Central, as an exporter of came up for bis public examination. He ball. goods, silks, do, to California and Singapore, slso beon in business at the address given for about 11 years.
The liabilities were set doar at $23,000 and the assets at $24,000, Mr. Brution represented creditors and Mr. Ewens was the debtor's solicitor. The examination was ad journed.
THE RUSSIAN WITHDRAWAL
FROM KOKEA.
In answer to the Official Receiver (Mr. Shepherd) the older debtor said he a foreign goods dealer and carried On The Kobe Chronicle publishes the following business at 259. Queens Road Central. He had translation of telegraphic despatches appearing carried on business in the same premises for 20 in the vernacular papers :-- years under the style of the Samkeo firm.
Seoul, 17th March. When he started at first there were three other The Russian Minister has now replied partners besides himself--Lee Si Chien, Wong to the auswer of the Korean Government Yek Wing, and Wong Sang Wi. They each to the Note respecting the finagrist put $100 in the firm. Bee 6 Chien went out of adviser and military. instructors. Russia the business about January, 1895. Debtor bought informs Korea that in
Jeuding advisers his share and paid him 700, which was paid in and military instructors, the intention was cash. He borrowed the money from two of his simply to show favour and good will, and Rur friends--Wong Tung Hing and Wong Qwai lu sia is glad to learn that Korea cau now main but did not take them as partners. They tain her independence ithout this assistance. were relations of his. He tillowed them this $700 Such being the case, Russia will withdraw th and also a sum of $500 to Wong Sung Wi. * advisers and instructors lent to Korea.
276 0.0.
0002
ENCLOSURE 5,
& PIC APR
COPY.
sir,
Hong-Kong, 25th. April, 1898.
MARINE LOT NO.184.
Referring to previous correspondence on this
matter, and to the remarks of the Attorney General before the
full Court on the 30th, March last, that when the Reclamation
Works were carried on in front of our godowns, then would be
the time for the investigation of our claim; I have now to tell
you, for the information of His Excellency, that the said works
are now being proceeded with, and that our godowns will be of
no further use for the purpose for which they were builtwhen
our Marine Lot is converted into an Inland Lot by the inter-
position of the Reclamation between it and the sea.
The Attorney General also said that he would
have no objection to me making a further claim for interme-
diate damage caused by silting up of the foreshore, during the
period before the Reclamation Works actually reached the front
of our premises, which has occasioned a partial loss of rentals
from the year 1895.
The Honourable
T.SERCOMBE SMITH,
Acting Colonial Secretary.
The
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