ཀ
Inland Cot No. 118, Rose Hill, Elan Le No 378. Rose Hi1.
AHLA RITURILY FRORUARY 102-1000
Banke
JOINT STÖOF MELAMED.
AUTOYPATION
Cales & sellore hi #125146 p.ettu erilir...
22.8.0 tom.
Hongkong China, Japan, atd.. Do, Founders..... Bist. Hank of Ch..
B. Sa Porn pharet
bins Fire... Chiun Traders. Hunakota Fire North Chinn Stra 28-Jarite......
Yax
and & Building— 2. Land Investra' Kowloon Lausią 1}} Kampkoreys Estate West Point Builde. vich Sigar Ajatus ; Met Balmun
Tine onager...
- סולו
-18]; Th
7.
good.
• $100 | 5120, mallein?
FM 250.] Up. oli pun
$25
$60. 5. catasto Larm
2.50 4 aclier 13
F8
4.6^, salo 1700443
$675. Verz $5028, ex dir $50-123, lex 1262p:ct pm.,
#60 | 60, buyer. 1304
AUCTIONS
PUBLIC AUCTION
ME. J. ARMS EONG has received BUTAEHK COVAL of Hongkong to offer for BALE by
SUKAT PUBLIC AUCTION,
MBONG
ON
SATURDAY, the Bel Funguars, 1895, BPM: 2 the Promises, IN ONE LOT.
THE FERECE MALL
Pla B. M. bleumar Syd, wu tho Fronok all of the 18th Janiry, Jet Bajgor du
slag, the 18th
and m..7
21st
be expeted here on or abest, i hurday, the iust. This packet, beings realize di lettere dens, tak for Hongkongng iter Docer.
THE SNG IN MAU
TO..steuner Rusenna with the Eag
oday, the 19th insty at T. and may be aterpeted here, ab or xbout Sunday, the 24th incf This packet brings réplies to letters de-
THE AMERICAN ITAJA..
The following Volusi Fanshold Property
the Peak BoaD below. VICTORINGAFU All thai Ciren nr. Parsel of GROUND pate ad from tongkong on 201à Berember. Bitpato al the Pras Hoán holow Victoria N = {Gap in the Colony of wongkéne, shutting on jtbs North, Sias Thereof on Crown Land and measuring beeron 33 feet, on the Santa Side ther of on Er we Land and weasuring thereon 133 fret, on the East Bid thereof on Oriswn' Land The 14 39. Kreamer Pan lift Sua Francisen
Thu 0 &0, eamer Belgie, with, the Americ can mail of the 24th vit. 1 Ngaki da Snuky, ta 17th ist, at 3 pm, and may be ræpreted here on, or about the dia
and measuring thurmm 50 fort, and on the West for this post. va kohata and Nagasaki on Side Chareef on Crowa Load and mind t
dir. theron 50 feed arid gestured in the Tand
THE IN AAN MAL OBogas KURAL BUILDING LOT No. 83. The stance Lightning, from Calanthu, left the same is now held, for the ridas of Singapors for this port da de allernosa of the trem of 75 Years from the 22nd Arou-T. 1899 1516.inst granted therein with the Messuaga und Build- ings thereon, andjak to the Purrent of the dirbureanual UROWN RENY of $14.00, 694, atur ab $4
For farther Particulars of the Property
450 | 1155, unler
77,
$50 $1871, les subers Conditions of Enle apply to
#25
I, smiler<
120
24, 303
:26
180, le
280 87, buyura:
- ¡5!: | »82, sa'os & buyers
430 | 6, enten
400-101
210
15, sellerm
18, seller
$84,20,let & buyers 171,75 $75, meilera
22 #6 36.60; sale‹ & sellers 131:61, ale seliers
$131.75, ellers
410, sellers
H 65, sellers
$: $38 males ↑
D (Proforone)}
wwnship Cora.~~~
china & Mazila.. Danglina S, S. Chong 31. Centing &- ACT Indo-China S. N........ W'chai Watch'an Co. 1371. 874
9.86, eglēm & sellars 4. CHATER & VĚRNOS, ankt Pekyia
$2 $263, sales £37
OPITAL. Per Planl.
$710 3730
Allowanes
1 to cuttina
1 to 2
1 to 2
Now I alwa Old Malwa..... Older Malta ........$750. Fatus (New) Fatan (OH). Beaures (Now) Banaras (Old)..
886
ST
$833
$820
HONGKONG TIDE-TABLE
Get To Ter FRØLDART.;
Har Wars.
Low Wan
-mest
Fight
Hear
Right
The Leighs un sen-level has treen deformined, from the t:dal observatiomm of 1587 wpå 1885, në 8,57-foot whore send af
HO WYSON,
(Solicitor
73. Qamen's and Control,
Henchong.
•pe lo
„J. M. ARMSTRONG,
Auationene. Hongkong für Fobenary. 15 5
TH
PUBLIC AUCTION.
HB Undewizard has teeived instructione
10 Sall by PUBLIC AUCTIÓN,
ON WEDNESDAY, the 27th FEBRUARY, 185, commending ut 1130 am,'
For Aanayat of whom it may Chacers..
at SWEE CHKOya Exa's GonOWNA, WENT POINT,
1,62 Bara B.:OWN SUGAR.
Tamadintly Afterwards,
At Mosera, D. Musso & Co.'s GUDOWNE
170 Large Baskets JAVA BROWN SUGAE
TERMS OF SALE: Cash on delivery.
G20. P. LANŽERT,
Auctioner. Denphone, 13th Febenary, 1805.
INSURANCES.
398
EEN INSURANCE OFFICE. LONDON.
ForsDED 1710.
Te the above County, na HE Endersigned. Laving been appointed prepared to ACCEPT RISKS against PE it Current Rates.
SIEMSSEN & CO. Agents
17
Hong kong, 18th May, 1902.
RANSATLANTICFIRE INSURANCE COMPANY OF HAMBURA
..
THE GANDIAN MAIL-
The C. P. xterove Bayrens, of Japan verived Ent Yakoluna à 13ì pan, an, be it in, and,
in Kol, Nanki, and Shaghat. left at a mum on the 19th aust. for Hongkong
-NAM
The U8. 8. Co's star turdans" left" Singapo on the morning of be 20. la instand inay be expectail bere on the 261k most.
ke, D. R. atmeter Özena, from Flam |burg, lofi Singapore for this port on the after- roon of tan 29th inst, and may be expected hero na or abat the 26th inst
be N. G. J. stamer Birmida left Bombay for this port on the 9th isst and may be ex pected here on or about the 1st March
The P. & O. stemmer. M«luces, from London, left Singapore for this port ut 4 a., on the 15th inst.
The P. O. steuner Manila, from London, left Bombay for this por: on Saturday, the th
11
POST-OFFTE NERCHEST
PEAK DELIVERY les at Post Ofica at and 3 p.a. er in Letter tes in the Cars by 12 and 3.30 o'clock Framas Letter Boxes A. Posk will be dietrod út 12.30 nod-4 p.m. The Postri Guide for 15, revised to date will be found in the thrusioks and Directory, P. xx. This is the only mathorised raptele Snumery of Portal inondating publiskesi zn Buoy kung
Manthorisest List of gelaila imebed in capnection with this paper is the ane published rice sach day in ope Hain. which fzentroetan tirar och later one ten taat giren below,
ahti, WL CIN For Swatow and hugkok-Per Phranang. 16-day, the flat inst. at 30 AN.
For Haiphong-Per Hanes today, the 21st," inst.. at 10.30 A.:
+
For Shanghai Pir Igeemoon, to-day, the 21st at at 11.3
For Shanghai-Per lei 1c-day, the 21st insi; at Noon.
Fur Svator-Per Fality, to-day, the 21st
at OON
The Undersigned, maving - henn asining Amats for the above Gemmy, are propipe [ACCEPT RISKS saitė, PIRB at Dur it "Rater.
! 6
4.M.
For Singapore, Samaring, and Sara bays Por dedyay, tomorrow, that inst.. x± 11,30 For Sandakan and Kadat.-Pr Memnon, ou Saturday: the Bed mat., at 130P MU
For Ko Yekohama, Vigier BC, and Theoma Per Tarama, on Tuesday, the 26th
STEMSPUNATA
ALUDI Hongkong. 18th November, 1974. SOUTH BRITISH FIRE AND MARINE 11. A
INSURANCE COMPANY"OP" NEW ZEALAND.
laration of trust maya anta which impeded satin Hongkong Wage" siterandorod tid frah parde Medience, Ch. D:109, and alan az (muda wa sotton of favormed opaditure, do whom deyed the creditors, and be draws my sproial issues were granted in the name solely at Joho parko Maroit, 17BD 200, I it, ona be he gave seentity, in the mantar deseribad fà the stivalioɑ in them, axho contends that the be Merry Porbos; bat la support of the statsmens shown the the settlor at the lime he made the judgment to the detriment and loss of the lady tios of William orall Forba: was taken thu tham gemtw in therapy allegogh was indebted to the extent of in- of his creditors. The Master of the Holla says:*** h the Brm was hopel-a-pinsetreat; aforesaid solely for the purpass of kiring ultior, zolvenny or that he becuina so, by the subtraction Arousing, therefore, that it had been proved that the dediarating of trast by Jabu 3lur to tur sald Koeuf býputhjebaliou. Lin defends of the proporty, mendinged in the settlement, not only that be was increst, but so that he cay Forbus was a frand on the oralitera, and ants have offorst no evideon, although theỷ this will aidata to settioment (Smith was insolvent to his own knowledge, I think where there exists any deluring or deleting of coold easily have provest then and ads tha Cheng HEg) and is in not that looking at the statute and the authorities oreditors I am to look at all the aroumstances task of the Court within it is at pronta caury, to bring kotusi prout that the the payment, was done as if it was intended Unde & Co That there is no evidence that there was a valid After antering heridones of W. H. Farba suktor, had in his mind an intensiu 16 te ha a payment, sed sho sovurity was bra ambulato charge or on actual irnet, and tol ng mon, e1 flow that is beholds in 1881 were the dataat, deby, or defrand his creditary for it in Ada if it was intended to be a roarity" She china Pre remove his property from three of his ered propancy of Rail & Goethey woga thon rain an all the circumstances of the swing of the statale in that the obton biza Sugar
benefit Ear himsett, thinéma Lonu 96 4. tors by merely making a declaration of trustgistered in the name of J. M. Forbes and that the effect might be noted to be, and has innst not retain ca Specking ggalo of the latter of hypothecationemafood so wollt the registration of the letter in fnok ben, to do ashe Court will attribute In all the one which have been cited before Dakin,Cruicks&C. con ended that at the line it was signed it of hypothecation. Uf the lots of Hongkong the Ludulent intestins to the person outing ma or in others walck I have tooked up I hars Dairy Farm Co was an absolute bienkoreated nothing; it in property mentioned in the said Asbedulo na hut, the came, IL lies on the settler to prove that he
not find one in which there has not been strong earrick & Co., elnded property art purchased then, and yet this ing bren gisa as moneity the following have was not only solvant but in a position which video that the settler na largely indebted Teen Isinad Cemen was the sole justinestion which, William Borellinen the date of the latter been sold, analysed bis making a roluutary old. And but ov. if he had been, the fact of a bons de 1. Brick & Cement Farbe had for handing over the title deeds and
she almagest one on the point is I think that folitor being defeated is unt sufficient to the & Bakery and Worgkung & é. Uni spotting Em pa in possession... That As far as
Zare Person, 3 Ch. D.. 667, in which themin | naidis dad fonded on reliable. consideration orgkong Deltic... the evidence is ovcarned. the scheduta might There is no widens of why they were sold or was not indebted and did not go into ride it (so Holmes v. Penney and Golden Gillam. 20. T hasa breu put the three days before the what became of the presede. Marine Let eigen gear, after, but seltsinnt by which Up 299.1 The burden of proof of dabis auflis longkong le gistration. That sponding to the steps of Na. 26 wa parabend by Unveil & Co. sub the vas Lin ostale was to the soft for deterininabio cient to avoid a settlement for valuable const | 11, 3. K. Where & Forbes they did not know what they were going gequent to the date of the jetter of hypothasson bis bankraplay was held plainly fraudulent, deration rests a general up there he Hoogkety lajsn. 1 bypotbucato; there can be therefore no agration and butee on sold to Mr. Exen Canard. When the dorit, is for valonha quciturate the seeks to impasch it. May, in bis work on 11.4 W. Toki...... muut butter an signos and assigare when thes According to dosaments B, E, F, and K. the burden of proof is on the plaintiff who im Ecan," sayap. 521: There appears to be no do not konw what property is to be dealt with registered Crows less of Inisad lots No. 83 pastor the tranmotion, and there must baseran tase in which's subanqueat orelitar hay mon Hougtong Boul.. That sessing this document is good in fru, itand 721 and Marine lots 202 and 203 i Johd vidonos apon which the Court so gou to donded in imponohing a stelomant for valuable is made the Statute 3 Elizabeth, obap. 5.) Murray Festes With reteraugo to paragraph the oorlaaion that the intention was te dofrund; onoxideration on the ground of not being made Alsolatoly pull and void, becamo from its very 1 of the petition stating that at the time of the for in use of settlement for valuable onunidera bana fe where there were no debts in existenos. wature and character it is slegated to delay mid letter of hypothecation the kid dem was in the fast that it la for ach consideration as the date of rattlement. And in sapport he and dafant creditors, as it could unvo beo abanit to take over the feet of steamers of the shows that there may be parpad is, the train difex the daso of Smith i. Takton, @ L 3.8, 2. 43. produent at nay time, and he contended that China Merchant Ston Navigation Company, in aller than the defesting, or delaying of the princials being that where the creditors hava under the afstate aux disposal of property, with the wharf, gedown, and other property creditors and therefore the hurting of proof that an opportunity of proving and do not proes Lla schusther voluntary er 20, whether the sewers of the bid nolapany, and to iogarbeary it is tesudelsal or intended to delay, defeat, orezistance at debts at the time the satthiment was Ware or were not inlahti mi the time, if so viska and babilities, there is no evidens dufrund sreditors is thrown on the plaintifs made the notion must be dismissal Mundos y. framed, or likely to operate, so as to defeat or debatecer, und wub regard to the allegation alan von if the debtor doos prefer one creditor to Manden, JL. Eq. 408, nud sa Rishardson' ley creditnes present or future; if boring on it contained in that 10th paragraph that the and another greren if he dous defas and day or Smallwood, 3 Jao 552. Moy (p. 596) ne ilms the paimable marks of fread as gaited by firm wily indebted to the plafatiff is erectors: the ratsuction will be uphelt it point has never been expressly raided ather the Court of Juation, will be at odos ket naide if Banks or some of them we bare only the evidengit is for gol eonsideration and bonx fur. For if all the delta dus at the time of the tenant the Court Bads that it is not bons fide, and if Mr. William Bowell Forbes that at the tits very debtor has, according to the bow of the mere paid before the writ was issued a sub- theft of it is to defet and delay creditors, the butter was given the firm of Rom-li & Co. and, u perfrot riglit to deal with his property queat verditor could maintain au netim to get Mr. Fratoia then referred to the Statute 13 was in good credit and able to most. Its engage in any way beplaws, provided books hourstly side, the settlement simply on the ground that An astioa Blizabeth.ohap. 5, remarking that. the front two maste, and that the. Hanks lost nothing nati in the disposal of it. It may dispaas of 10 b the settlement us voluntary sections avoided all froffmenta, gilis, grants, eje.the prenat time. With regard to par. F7 stating father of one or 'ingris of his oreditata, and the whether a settlement la vald or Veid against which had been derisad ne male with the end that possession of the documents and dorit sa dose pot interfere with his power if it boreditore is determined upon cenaid-ration of intent of dolaying. kindering, or defending mentioned in the caid charge was never given to agerciest bond fire. The Statute of Eli hit the airoamstances at the time it is operated. reditors and others that these eatings J. M. Forbes but remained in the trol of has nothing to do with setting aside conta which as it is pleia that if the settlor was got them were complete and confused no proviseur William Howell Forbes, or the other partbata for gires Ezandálout proferono, to martsin erodilors. ; inta: ted an, anbṣéquent, priditor caa img_ach
·vruption. That all leds haring the intent the time being in thatge in Dongkong. And warn It is in regard to the quéguns of princite is merely the ground of the settlor's or purpino aforemić akers doslared voldold, transferred, and dealt with in the ordinare or preference. The deeds that are declared vid suhe quunt indeltedress to him. Ent still Seation bed an exception only frestator in Fontese of the braince of the Hem w bay by that statafo are hos that are shown to himy o traudulent, if isteid of being dance, gra, eto, which had been upon end the videos of Mr. W. H. Forben, who says teined caviants, and fratdila anda bona fide transaction it wore a mere slook for consideration sadhong file lawfully conveyed ste be ille is of the prope tyfu Hongkong with the intent to diey, binder, or defrant prot-bling the property of Rasen & Ca. and the assignees insist be invoceat of the fraud, war locked up in the firm's cafe box. I parked reditore. It is not sufficient that they do delay Crom their preditors and for rataining abgeftuto, if any exists, Francis the preceded with the Bergkong derds in Jane of this year defeat creditare, but what was their intention for themometres. Now, what are the feats 7,1 snsider the recoge and marks of beds of frand to Mr. Ewen, and in eroas-examination ho said Was that the motive which galled them to he found that Russell & Co, were largely The generality of the assignmerk The shares were an toaded her, but the title being? The cases of Devilla, Terry, H. & N. Jodrel to J.-N. Fort, who was truster for The omission of the elule wbich if it does not deeds of the Hongkong property war in my 811, Pickstock v. Lyater. Mul sand, Sel, Bowl, for mosies which he had advanced 'to isralidate the document is badge offered. 13.1 private fe. I knew of the documents and. I was Halbard Audarson, T. R. 235 and the thon out of the treat farde, Hotel Fother The concealment of the charge, which is the holding them for Mr. John Murray Forbes Harrison, JR. 4 Ch. App 42, clearly show swears that they wished to speuro John Adresy greatest. 14). It is gimo for a past nonsiders) azt mede op use of them." With respect totain. Therefore the mere fact that this soul Farbe, who had advanced money wilkout any ation, and not for the norrect. Fun, and therefore paragraph 15 alleging that the 6 m of Rustment may delay or defeat creditors is not carity. It is not shown that they were indebted the burden of proring the debt is on the defend. Co. was not at the titas indebted to cient to set it aside. It must be fraudulent at the time, or intending to undertake any fresh anl. (5). That thennaigeer remained in possession the said Houqua in the Bom of Th. But ess it he fraudulent unless it is shown tint fbility or adventures. It is true that there of the property. Mr. Fraanis then as part of his 258.000 or in say spm of money, we has the there were creditors to defraud? And that hur ortai sasploicas oironinstances about the prech, read pages from May n Fraud, well-sridence of W. H. Forba, given in the do bène not shiessen. It s ben 10 Jonkisk v transaction, viz, the absence of a schedola of the ing particularly on pussagus respicting the budges; earn preminution aforamid, to the effect that he Verghan, that if the person who exeuled the property to be given in suority, the fact that offrand which, nates satisfactorily explained, will had been senior partner of the firm for 6fteen tend, hearh indebted at the fine. Is poil off this charge was not registered at the time (the hes avidence of bad faith vir.. the genrality of years and during the greater part of that time every debitin very diffent to say hentedeis being left is the passion of W. H. the pit the continuazoo in persons, an he had been mostly resident in Hougtong and the talent with the intention of de Erandios Tarbes who says that lie lis! them for Marray orecy; fraudulent preference, and again cited muging the basinass ber, and he says that the his pretiora sina 194 Auburn payment Forbes) the sals of certain of the peo May on Fraud, p A son voyunes by sum of T., 268, rpferred to in the hypath had ach intentia. We have on that perty. but these are not sufficient in the debtor for the heart of creditan to extior a an old debt; it was only the settlement poi no evidence, exempt this statement of Howell absence of all evidence to indekludness whom the regente is not communicated of an old secount he cold not give any dates Forbes that their credit was good. There in for instify me in falieg that there were sod who was not in any under pries when the money was advanced; he will my tho eviden of fleir bring indebted, or that way fundatont news and that the transaction was not it will not be gond against orber creditors; part of it was advanced since he joined il 1864criitors existing at the time of the leth of an anat one done to protect JM. Forhng, bat that the whole transaction must be free from and part of it before does not, think the hypothreats n have not been paid off. In the fly to protest the property of Russell & Le o Mr. Fradeis commented on the blauk are any aisonets in Bogkong showing when absence of any proni, can a calquest endre way mould produos the letter of hypothecation or schedula, amounting practically to a power of re the mouny was test; they had a running bote te admitted in challengs tis dood unless, boot a té suited that pups it not more in tation which has always been locked upon ns with Howges which appeared in the ongkong prove that the grantora were insolvent or semblance with the facts to say that this tran strong circumstance of trend, and will in gene. books long ago and then it was transferred teavily indebted at the time. If there was nection-incomplete since no particulars were esti | 23 rai anke u deed void. Mr. Frants when allading Shanghai; it appeared in the books sa bills pay-nue to defraud, there can be no fradd; and son given and suspicions since it was not registered to other passages in May, pp 512, 520, 325sble; he could wat tell when the amanat as states truk at all the circumstinous at the tins when it could have some patio was real. again referred to the barten of proof as arising fanced; sù far, on he know the promissory note of the set ledent was made. In the bus af rakiny intended to be what it purports to be. via, tho from the petition and answer and the facts of torque was taken out of the means between Vinci. 3 Dor, 410, tho T. Casid: The rising of security to Jake Mary Parses for the now and then referred to the following 1984 and 1996 and there may Bave been payments State role dude which are unda with iolent the atoms which he had advanced to Rustall & ons here follows a long list of authorities, inals in rechretion of -28,000 als; the prit- to defrand or delay recitore The instrome) do zather that to say it was a fraudulent". ad in the conres of sin argoment on these cipal and perhaps only rudnotion win this pro-st be a with the intent to defeat, credlileuszction, and if the piciar of security to e il SMETON various passages and wuiharities pot forward two isory note reducing in 1886 the amount from fors." and all his argents are trust the was the object, and it Ermilion-let That uc disposition of pro. 23800137eals, and on orca-unication fo that at the date of the let the flor was. I think it should be upheld, and that the tia-como at the Kowloon Tidal fervatory; and the
Low-wn for Ordinary Spring: Tidia, to which de
data the heightsHE Undersigued are prepare to nocept terry for a valuable consid ratton will stand said there any dla enque debt and there was indebted in considerable amounts That was the charges of irregularity made against, it do
Te sdom Talch are Ÿofittedly sa 3,87 Databerta. PIER.
FIRE and MALINE INSURANCES if the effect of it is to defeat or relay crediturs; another zum iret by J. M. Karbos which was in the eas of a voluntary ratslemont, and thus wat but show that fraud which would justify ma The nets in the Txhies marlond within pikema stares (—) and, soundly, if there is frand, or signs of oluded in the 258,000, but we intended that the "ay be said of the case of Prisma v. Pepe. 9 A. in saying that this was unt a bona fideo below Low-water Ordinary Upring-Elios, sed should be in favorabis terras.
Current Batas and a guaranteed Bomos aqual White Lad fou the wikang, trnad, it is indifferunt whether the settlement old debt was not to be molded. Then in 188 q. 2013. Let J. Giffard in this Barter Case transaction. From all there
to that paid by the Local Offees. Was for valuable consideration or net or whether Fla. 157,10 represented the trust and Tla. 101,000 sage: There is dus class of cases in which as the principle to be this-that when the settle
8. J. DAVID & Co., there were debis or not. Mr. Lush kids reprinted the old debt das by the Brm to Blow sptual and express intent necessary to be meat is for a raleable consideration it will
Agenta. Telies the absence of eviterps of any frond gas personally, and again later on he says that proved; that is in euoh oases as Holmes be uplald, even if it does defeat or delay other
Hongkong. 26th Novegber, 1891 2175 given by the plaintifa in ouppern of his allege
*The know that F. slurray Forbesgot the present Posey and Lloyd v Atwood, whers the argre -
oraditors, if it is bean fide, that is given for the tion contained in the paragraph of their petition--trust-in 1877. He held a distinos sum of money want songht to be set aside fa tounded on a purpoes solely of avering to the ceditor payment CUNA COAST EXTENHOLOGICAL BEGISTER, that the whole of these pleshops are need ou trast nothing to do with the two laks, and be valuable consideration," and the proof of, this of bis laim. It will be set aside, although it in solely and entirely on frand or fraudulent adrand as mosies ont of this trust from time intent is the plaintiffs; they hage sought to for valuable consideration, if it ena be inferred intent and contends that in that can, so this is a to timas he had nu geurite until the latter of disebarge their task by calling attention to the few all the circustances of the anse that it is mitilonwent for valuable consideration, he whole heppthrution was signed: the advances most Hallowing fact, or to the absens of tidenar not a bond fide brunstation but only a aloak to barthen of proof is on the plaintiff. Thai bara beta made before this, that letter was then portain pointa, via (1) Nevidson by protest the property for the d btor, and if he the plaintiff und alleged frund, in p.1% sy ficat memerity gired: it was given in spidera the letter of hypothecation was given. ) Miting sa interest er boneft in it. Litre R must conia pered to prove it, that he relient of a previous drawer of Trust Funds." take in the amount of the debt, (3) No berate sol & Co, purported to guy that leaseholds direk
(4.) | and other property as security for the payment fublu... om Forbos's evidenos in the effect that the Beyond the facts admittal the following way of the property suid te begriten in security. wearity was given hane fide to J. M. Forte berefore be taken:-Out Blat Marob, 184. Genarality of the mobilem at [ecrecy and of the due to Howqna, and even if afterwards Vehi Escanes he had adeno-ɑ tenet money without Rosell Co being indabad to J. M. non-registration of the doesnt. (0) Some of they did all or divert any of the property woarity, and oɔntröda tuat there must be facts | A'erbay frustee for Howqus. in am of the property dealt with neexplanation given in arcurity, that would b Eraginst prored which would leaf the con- to say that Ps. 157,000 for monies advanced by bim Ibare found that this latter of lipoth ention was certain of the trusts and austiny to the in in the wind of Forbes as the time there was of the trust fundi, gavo him a pro for valuable consideration Wi bana fils? Tarunt of the est Vement, but it would not be intent is defroad, Mr. Each the dealt with missory note for the stim of Tis, 258,000, which tmnst ba botb, for à demil sign for ble proof that from the test the transantion was the neveral budgre or ovidence of frand pat represented not only the trust mong but also consideration and still be mala fides to intet mut as a bona fide guarzutem of scegrity. Forward by Mr. Francis and commented na the
or doing creditors, or mere clank to retain some Action dismissed. As to ss 1 of pink esse ailed, painting on the diffeces betwent they did not intend to include, and as a collateral benefit or protect the pinpety fur the debtorsinst the Banks were not warranted in going on comes of voluntary atleast and cost for Recurity gave him the letter of bypotication. In all the cases which I har road I do not and after the de bene cear examination of Forbes valuable consideration, and after explaining the the terms of which I have abuse of sub done which mobles the one cempying or unless they could disprove bis evidston as to the differrot Cours, which Mr. Francie "han farmed cording to this letter they purposed to have do siteation on this point, vis.. that here, there is Brad's indoldedness to Howgna. Costs will badges of fraad, confeticed that thess were all posited with.J. M. Forbra the dounmen and ovidence of indehtedes at the time of making therefore be against the plaintiffs. consistent with bonent intentios of the part of securities for property or money as ber fastier the letter of bynathenation, All the reasoning Howell Forbes to were the sin advanoad by mculioned, the roadqas gives by W. II. Forbes in the pisos effed hins goga op the fact that J. Marras Forbes out of the Flowqua tract; in his evidera boing that at the time they and The settor was beavily indebted or the at nat and that as it was for valurbly consideration I Dot the particulara, bat na property or mecarity with precess at the tins, and there was some
H.M.S. Pigeon from Shanghai 15th Feb, bad must, looking at all the circumstanses of the mas at the time mentioned as sat out, and thailenen team which the part could infer an sight monsoon only and foggy weather. case, be satisfied there was a frasinlant in documenis er titles relating to the property in intention to defrand. Do all the facts abote teat baspicious me uut salleient': I most lengkong were not then handed over to Jubu mentioned show, notwithstanding all that om be satisfied that there was metal fraud. In array,Burbes, but according to the vid-nce of } by urged against them, that this, fainted as i it, a word, Mr. Leask's dantention has been that William Howell Forbes they wore in his private ) was Jelly what it parpiners to be, a giving of e the plaintiffs baving alleged fraud, it is for aste and he was holding them for John Murray ourily for money advanced, or was it merely a cloak, them to prove it, and they have not done an Forben hat made no han of thou until bei With respect in the orar, in the amnest of the I will now proceed to me out the fofe, which I banded them over to Mr. Enò a.. That the mid, trust money advanced, we the cum of Thouy Gad eloitted or proved.. I will then refer to letter was not registered ve...in any way nude son v. Webster LV. de Gex and Jomis, 64), where the large number of os which have bass cited : public till it was registered at the Land Offen on it was doubifal whether the money had really been und then give the grou cds for my devision. Be The Hith July, 1801. Mr. Forbes'a e vídeos on that advanced so much as restated to have been paid. good Mr. Forbes's statement that the letter was point is as follows" The letter of hypothean. ( It was held that the mortgage appearing to the first security givor, and that the only objection after 1 signol it remained in Shangiwi in the box fide, the question, how much wie dus on the was to meurs 3. M. Forbes, as he should not possession of Mr. Wurdler. I never knew that it (wortgage did kút nffect; be vidlichty of tuo rettko have leat money withant seunty, wa hisa wan registered against the loud in Hongkong; it { met. In the case of Corioli v Radcliffe, 14 bo evidens nnder what circumstances it was may have bou agreed that it was not to. P. 1. p. 135, tionet mags: Blach case anked for giren bat by latter or be registered. The registration in Hongkoor must depend on its own chromistances and in Etemorandum dated the 31 March, 14.might bare effected the firm's croit here; all the question is one of fuel-whether the addressed to John Murray Forbes, Jr., trustes that of the line of the signing of the latter of traumation was bona fide de a contriranog to For Howqna, and signed Russell & Co the hypothecation the property in quastion was defeat creditore 12 way, howator, be generally Aaid Rope & Co. acknowledged to have devoted in John Murray Forbes for the partners stated that a died is void against creditors who posited with him “the documents and securities for the time being of Rossall & Co, sa the the debtor'ir ju a state of insolvency, or whyn for property or money hereunder mentioned documents I bare before alluded to show thul tha »Ent of the deal is to have the debtor collateral scarily for the payment of uw Crowa Ituure were granted in 1888 to without the means of paying his preesht debts
promissory note dated this 21st day of John Murray Forband en remained stil the In the case of et parte hercer, Lord Esker, 30. from Batavia for Rotterdam Maroh, 1884. for the BAU of well to suit dead of bypothreation, was register d. ka anys 1-" To naive tu maka this settlement andred and Sitz-sight thousand, hanghai against this property on the 10th day of July, void under the Statute of Elisaber wen Deo. 23, from Amsterdam for Raterin, arrendy, and interest threeon neording to the 1991. There is no evidence to show that the tribound a bad this thus was an actual autoFort Netal for Bangkok. rale of taels saran par out, rherged by year," was heavily indebted at the time of risking thu tha bairypt's mind zo deleat and delay ore The letter then went as to confer sertain power letter of bypothecation to the plaintiff Hanks divers, and there is ne svidence of surch júfeat:" on the raid John Murrzy Forbes in case of dar sew of them and to masy, other persona ard and Mr Justive Gops saysThe question from Furt Natal for Anjur fault in the payment the said sam. After the was about to take over the list and property which I should bars left to the jury is signature is wiitten in the same hand sad ink of the China Merobants' Steam Navigation so. Imbether, having regard to all the circuis - se the body of the latter, "Particulars at Shangbaij the sllemstion that the deeds ware stone of the case, the swillor intended to defeat
5. British seb. Twood. Peterson, Feb. 3. from caritios above referred to There no doubt dealt with in the ordinary corras of the firm's baser hinder is cruditors That fa quei bor of Butavia for Amsterdam.. that at the time the gil latter was signed and
6. British ship artharoogh, Hill, Lang, Oot insus here is denied by William Howell Forbes, l'fset which copasly be determined by the ori handed over to John Murray Forbes to partics I will first deal with the question of the non-danów. “ Now, here, what is the aridence on this 18, from New York for Batavis. lar nere given. What now appears as followstarping of the latter of hypothuestion point P. Mr. W. f. Forbes has swore for Amsterdata for Bateria
Ned, str. Prinses Mario, Habart, Dro, 23: ing that signature was added afterwards in of opinion that Section 8 of Ordivane» No 10 of [butter of hypothecation included most of the
Ned. str. Prinses Amalia,, Visman, Feb. 6;AM trother handwriting. At the bottom of that 1886 relaileg to derds or dodorants -teané dout fin's property in Chins and songsong. I do page and of the next are the initials R. & Co of the colony applies to all doennants whose Ros know of any other property net ineludio), from Baturis for Amsterdam worth to all appearanges when written and no dated before or after Ordimpo No. 15 of 1884, tapt, current moneya, Mr J. M. Farbe had no
6. British ship astralin, Korf Nov. 7, framh New York for Aajor. placed at the time of the signing of the letter. who thems doctiments were brought into force, security until the delter of lignotbeaution wa According to that stedale of particulars the bul this document haring beau reveived and signed; the advanos muat kutu b en before tħks" followian Hongkong real estate was plodwod registersal by the Land Offer I am of opinion That letter was the first weurily gisen. At the | that the chjmotion cannot, now be isken. time, the firm of Bussell & Co. was in good credit Toland Lot No. B; The Harmitage. Inland Lot No. 148, Bows Bill
|·1 ex notalo presume that the Land Officer re-and ablatu mest ita engagements; our only object | aaived and rezistered „ent anaramąød document; was, to cocuro (Me, J. Mi Forbus, ne be should which should in my opinion hays been stamped, not have Tent trust money sithout svenrity." unless he had gond evarar, to do so... It may be. This is uncentradioted, and they is no sviðuún- | Os· LUMOON.-- that this question has been raised, and selected to show that they had any other creditors, or that | A of 2 and 23. Penta set against be sion I now put forward. At any rate they were in any way embarrassed or pressid, or and 27 and 25, Tungs Lane Bestion 10 of the Ordinsson gives me the power that they quotemplated undertaking ady further
to direct the collector to blamp and receive the liabilities; there is nothing to contradict the sup Then one mention of the Feoskom property-unty and penalty, if any, and to remit the de position that as Jobs Murray Forbes had lont the site dva of which are said to be iu J. comment to him after it has been received in the fra le ge sums.f money out of trust funds) M. Furbes, Jun.. tin burta Hongkong W.. videos. Acordingly 1 order that this donment they wished to curs him a far as paible, and OF PAR Forbes's letter dated January 21st, 1985). The be imperanded, that the duty and penalty one nothing is shown that that was not their object. reference to this intier clarly proves that this under the said Beetinu, to heldetermined so there Even if they had eriitors that had a right to
hedule was not written notil after date of that is provided, be paid fito Ceart, and that the do- prefer certo efiber. (80 th of Men ON GRAMAT letter. Amongst the property mentioned in this cament be remitted to the collector scoordingly arisen. Ob Ap 622, and others already Bebedne is Marine I No. 25.
At the date I have carefully parned very case which bas sited. With roopret to Forber's evidence, On New YORK
or
Inland Lot No. 17, Loë Hil
Inland Lot No. 71, Eerosino Godowns,
Marina Lot No. 203,
Marine Lot No. 203,
adorn.
down.
Marine Loi No. 126, I'm dining portion of set
an old debt of Dis. Intox, which at the time
Fahrmorý
Cad
SHIPPING REPORT."
SHANGHAI SHIPPING.
ADRIYALS.
13. Tencer, British str., from Japan. 1. Progenes, Norw. str., fepm Moji.
J 1ako
14, Stare Nordisko, Dan, str., from a ornisa.
14, Apearade, German str., from Moji. 15, Poochi, British ate., from:Winchow. 15, roest Sims, Frier for Nagasaki Formar
DEPARTURES. 14 Albert, Nors. str., for Nagasaki. 14, Clara, Goran str., for Nagnaki. 14. Margarete, Austrian Hir, for Chinking, 14, Liga, German str., for fearing. 15 Canton, British str., for Hongkong- 15, Gostel, British st., for Nog York. 15. Beane, British-str., for Swatow, 15. Nanobang, British str., for Swntow 15, Loyal Dutch Er for Kutchinatze 15. Tender, British air, for London.
VESSELS PASSED ANJER Jan. 20, Ned air. Oosrang, Brouwer, Fob. 3. Nod. str. Prins Van Ocanje, El-in,
THE WEATHER... ---
19TH FEBRUARY, AT:4 2:00.
Wind
STATION.
ན
29.83
29.72
tagba
81.
Amoy... Jupius
swatow
30,18
|
Canton... Banghour....
ictoria Pas....
90.20
MNS
Gay Porvorim me dut...
30.20
+0.32
Haiphong
Golam
93,07
Tokio
Manila.. Cave S. Jamen".
20TH FEBRUARY, AT 10 Aladostuu... $9,80
Nagasaki...
Amoy in
Aegisutg
90,89
SU
20.26
Bangkong. 20.BL Pietarin Peak..............
30.09 Gap Evok Huono - Beilig Habig...
80,37
orde
Canton
Astina.
Cape S.James
80.03
--90.68
Of the 20ths 150 kms Barbat --Bammeber Kanty: mader to X.E. winds: dua.
HONGKONG REGISTER.
For Singapore-Per E-pleats, on Wedu- day, the 27th inst", na 11.90'a g
Par Nagasaki, Kabe od Yokohama Per Vereas, on Friday, the 1st Mar. at 11.30 ... NAILS BY THE BRITISH PACKET. The British Contract Packet Kaiser-i'Hind will be despatched on THURSDAs, The 28tk February, with Mails for the United Kingdom. Europe, and countries beyond, cia Brindisi; to the Straits Settlements, Netherlands India, NCOTTISH METROPOLITAN Bab. Ceglon, Artes, Egypt, Malta and
ASSURANCE CO
་
Gibraltar
The sal hours will be observed in closing the main c.
(LIFE AND ACCIDENT). Lark Baras 20" town hung these charged OCRS OF CLOSING THE ENGLISH
FRENCH MALLS.. bot Companies.
the Puckets de Ném AG IDENTS EZ PER ANNUM res €1.000
Theofhawing bears will be observed in closing in Case of saidh by Ancident. SUPERANNY decors CL in Case of the main for Burgin, ko, by the English and Bath or Tall Pers Disablement by French Packets, maen they leave at NOOR, Tho Accident, aid Weekly Paymate of from Mony Orddar Edilso will be alowed at 51M, the £ 10 to 28 a weak in Case of Temporary Postany of Priest Current and Cir-
har bor.
Disablements.
Fee Prospectus or further partigplars, apply to
J.T. V. VERNON. Apsot
Hongkong. 18th Fum, 1894.
HE
(2336
HERA PIKE LANS INANÇA COMPANY, GIMITED,
BST OLISHED, 1879.-
Head Office-Hongkong.
CAPITAL TWO MILLION DOLLARS
PAID-UP CAPITAL. Tog
RESERVE FIND
CLAINS PAID
BONUSES PAID
p
D $75,000
..... 1.935 . 560,00 RISKS accepted at Coken ADEY OF PREMIA.
JAS. B. DOUGHTRIE,
Saaretary, Flongkar, 50 March 188.
1770
NORTH BRITISH AND MERCAN-
TILE INSURANCE COMPANY.
TOTAL ASSETS (ar Bist DECEMBER, 1898, ELL064,687 73. 64.
Serw
30.81
Previo On elka On date hyp.mst ]{mm. at p.m.
10.20
I ACTHORISED CAPITAL,23,000,00 SCOMBED CAPIP&J) 9,750,0 Baner CAPITAL
11-Fake FundC
$30
TenperaturA
61
€1
Jan.midity
Direction of wlod E. IrFAb -us-64811win-nm W
61
78
E.N.E.
2
3
DETA 2,344,10 11 12 "The Undersigned having been appriutud AGENTS for the above Company, are pr«« pared to ACCEPT BISKS against "FIRE Əl Current Rates
SHEWAN & Co. Agoats.
0
=
3. Nore, bark Laif. Raatan. Dre. 28, from
4. Norw. bark Gen Pua. Comlaen, Dec. 23,
By.
19
[linbezopen war couspartner on the 13th. Lowest ar sir tempezar on the chan
A to derries Amur; the lovel Z-TEMPARATORE a thoʻabels is degroom Fahrenbelt,
KUNMITY in percentage of astrahon, humidity of 4-DIATION OF THE WINT to two 4, Ned, sir. Jaron, Sowell, Fob. 4. from Battle with moisture patar 10. via for Amsterdam.
“COMMERCIAL INTELLIGENCE.
WEDNESDAY, 20th February. CLOSING QUO FATIONS. EXCHANGE.
Telegraphio Transfer
1/114 Bank Bills, on demand... 11k Bank Bills, at 30 days' night...... Buck Bila at 4 months" sigui ...1/11/
Sint Credits, at 4 months' sight Documentary Bilis,&mouth siglt 201
Book Bills, on douand' Credits. at 4 montha' sight:
Un demend.
Beak Billa, on deman Crillis. 60 days sight BOMBAY Telegraphio Transfer Bank, un demand du Catqu Telegraphie Franster ...Bank, on Atwood
of the letter of hypotheontiou it did not belong to been sited before me, and the principle which see what V. C. sinart suya in Marlin Russell & Co. who toubt it in July or August. draw from them is that in matters of voluntary Williams, 2017. As, 350, sp. 358. There it is 1884, and it was sold to Mr. Ewan Cameron settlements all voluntary transfere, by s parand said that at the time of thereontion of the deed ON on the 17th February, 1990, From these indebted are void against creditors; the mare the bankrapte bolessly lósolvent. 11. two dates, it is maght to infer when the fact of a man indebted giving away part of big witness for the plaintiff, who has med bim schedule was added. With respeto the salate is by preampling fraudulent . & He states hat the scudition of his faire were On Cnership of the bahuld mentioned in that valutary conveyero ne aattlement by a person at the data of the deed. tie says tá consi acledals, the 19th paragraph of the petition not indebted and not mexning fesad is gond himself then to be in goed circostanges. Bone alleges that the whole of the contentions of the rainst tutorecreditor. but where there is an ex of his atmaments fat his examination under the ON SHANGHAL plafills and defionate are telly set out in the press intention to defend future creditors it is bankruptcy have been gone into, but nons of Bank, at sight 10th paragraph of the petitior and in the answer. I per ring debté sa ser leadent has won to intimate, a hopata vody. Private, 30 days' sight. thereto. The only point in dispute sees to which subtests from the proper the common They are acvatradicted. Thers is nie O YOKOHAMA whether this property, was, bald, by Marray fund-an amount without who the debta na interer of insolvency
On demand The case of Mid- Forbes as trusts for the Bets Russell & Co. and not be pale, then since it is the nonsasry noodleton Pollack, Div. 304; is to one On MANILA for the encoessiva partners thereto, or for him-sequence that some creditora mast remain seriot dimilar to this as with this dif On demasi bera well and two other member of the firm is paid, there would be swab au inference of frend trace, however that there it was proved Or SINGAPORE→ WDiana Howell Forbid De Courey Forbes.would bringtheon within theatstate (Fres that, at the time, all ek made the anttlement
On demand...varia
15 was then whali menonmbered. In the many. Pope.-L. R. 5, ph. 599; Taylor e, Cruzer, he was largely indebted thrarh whether he BOYERZIONE, Bsake Bajing Ents Jer 1888 the Crown lesson for the properties1 Ch. D, 636 h, 28 Chi # 310, know he was fuelvand was doubtfgi, and heGown LAP. 100 Ene, per tap.
248
2.00
-491
183+
18% pm. nom
$9.95
FORES OF THE Wring to Belart ralp
WEATHER: 3. blue sky detachas 'cades, is drizzling rain, f. for gloomy; h.; 1 lyklégio bruroint; p. pasamy showers; 'gemqually, to
:.awk. Phan Ber: v. V dra(web),
F. 0, Free,"
Pires Amstant.
1286
Hongkong. 6th August, 1894.
ENIX FIRE PRICE
The Untarsimet are now regard t GRANT POLIÜIKSÆINS UNC Baguus FIRE at Currant Rates.
Benicken Onsureators. Both February, 1995. A
Straika Fricosan ♣tive Registra, Pen, 1928. ar fherm. JA.. (Wet balb)57 Jianumeror | P0.17 Chem. 1., Wat bulb) mị ramuter P.x3.15 Thor P.M. (Wot halb) 58 Therm. Maxima 69 Themom, ...)
rigin. -P, N. The dam.or
michh
Ov
DOUGLAS LAPRAIN
Agente dur the Planix Poe khắc Hongkong, 17th, August, lasīt, ka
USTRA 1. LA N BUTTER
WOOD'S CELEBRATKI Cow BRAND VICTORIAN, BUTTER.
HOPKING, CUMMING & Co. 64, men ind
Sale Agents Hongkong, China, and Japan Uongkong, 26-Jannaev. 1895.
Apollinaris
"THE QUEEN OF TABLE WATERS
culus 094403.
Peinar Cavenat and Cirendars may, however, be po-ted up to 10 o'oleek if they are tied in bundin sountry coautty, with the addreswon all and way 10:00 AM-Registry cesa
3 A.M.-Posting of newspapers, books, and
patterns consey,
ILU AM-Mail oluses.
LATE LETTERS may be posted (from 11.10- AM) with 1 sense, lats fer up to 11,30-4: R. after whiab hour they may be sent on board with the same fate fee.
SOTICES O FIRMS
NOTICE
HAVING taken over the Business of the
Mr. FR. KAPP, 1 have TDIS
AUCTIONEER, APPRAISER,
DAY Established Myself u
nar
COMMISSION AGENT.A PAUL BREWITT.
Zatland Street, No. 2.
TR02
ingking, 1 Pobruary, 1995.
VICTORIA Lones
OF HONGKONG, No. 106
REGULAR MEETING of, the above LODGE will be held in the FREEMA SONN HALL. Zatland Striset, TO-MORROW. the 22nd not, at 8.30 for 9 PM preciesly. Visiting Brethren are onlially invited.
1437 Hongkong, 19th February, 1895
EOTIL-N MARK LODGE, No. 261..
of the REGULAR MEETING SOTHEN MARK LODGE will be beld at the FREEMASONS" HÄLL. Zetland Stre, DA WEDNESDAY, the 27th itsland, at 830 for M. precisely. Visiting Bellinen are onrdially niti th છાસરી
| 444
Hougkong, 20th February, 1895.
BORN
ZETLAND
LODGE.
No. 825, B.C. REGULAR MEATING of the abova LODGE will be bell i thọ FEERMA- AZ-and rest, on FRIDAY, (268 the takeRCH, at 5 for 53 M precisely, Visit Brethren are cordially invited to attend.
Hongkong, 20th February, 1895.
"Incomparable in Popularity as
in Purity."-BRITISH MEDICAL JOURNAL.
SOLE AGENTS:
CARLOWITZ & CO.,
HONG KONG, AHANGHAI, COUTON, TIENTSIN, AND HANKOW.
te
Tu
NOTICE.
E Master and Owners ò the American ShipTILLIER. STARBUCK. DOW tealing for San Francis, WILL NOT DE RESPONIBLE for any Debts Contracted by the Olcers or f'com.
Bongkoɑr, 4th Febnary.-15.
LEN TING
SURGEON DENTIST,
No. 1, D'AGUILAR STREET,
JERMS VERY MODERATE, Conxaltation "Bann Pameleony. Red September, 1891,
14
·1755
TOT RESPONSIBLE FOR DEBTS.
مله میاد.
3 either the VASTAING, the Aakers, nor the OWNERS wil 19 RESPONSIBLE for any DEBT Contraced by this Offpunk or the Crews of the following. Vogue's daring their stay in hongkene Hark w
BENIAWER, Brit str. Webster-Chinesa. GET MANNYNIe, friste; Walker-Order. LYKEMON Gev. str., Formann-Slemssen & TILLIO E STARRUOR, Amr, sh, Ourtis
Showan & Co.
No comments yet.
Private notes are available after approval.