1900-07-10 — Page 3

Page

SUPREME COURT.

July 9th,

IN BANKRUPTCY JURISDICTION. BEFORE HIS HONOUR SIN Jonn Carrikoro, C.M.G. (UHF JUSTICE),

Ι

Rễ The Kung HinG SHING KEE FIRM, DEB. TOBI, Ex-parte ALBERT AHWEE,

A. CREDITOR,UTA

The Chief Justice delivered judgment as follows:-

This case raises a question of very consider able importance in the administration of the local bankruptcy law.

The petitioning creditor, by his petition which was filed on the 23rd March, 1900, seks that receiving order bo made in respect of the estate of the debtor firm, of, No. 98, Bonham Strand, Victoria. It is alleged in the petition that the debtor firm had within a year next preseding the presentation of the petition exilmarily resided and carried on business in Hongkong. The act of bankraptey alleged is that, within four months. before the iste of the presentation of the peti tion, each of the partners of the debtor firm had departed from his dwelling house, or otherwise was absenting himself, or had begun to keep house with intent to defeat or delay his credi

torx,

THE HONGKONG DAILY PRESS, TUESDAY, JULY 10TH, 1900

time, have made themselves subject to English jurisdiction. Every foreigner who comes into this country, for however limited a time, is, during his residence here, within the allegianco of the Sovereign, entitled to the protection of the Sovereign and subject to all the laws of the Sovereign Bat, if a foreigner remains abroad, if he has never some into this country at all, it seems to me impossible to imagine that the Eglish legislature could have ever intended to make such a man subject to particular English It is not consistent with legislation.

Fof ordinary principles justice or the comity of nations that the legislature of one comtry should call on the subject of another country. to appear before its tribunals when he has never

it been within their jurisdiction. Of course, foreigner has come into this country and hos committed an act of bankraptoy here, he is lable to the consequences of what he has done here: bat, in the absence of express legislative provision, compelling me to say that the legis fature has done that which, in my opinion, would be a violation of international law, I respectfully decline to hold that it has done any. thing of the kind."

Similar opinions were expressed by Brett and Cotton, Li, JJ, and at p. 592 the latter learned Judge said: As regards a British subject, whether he is here e not, he can be made bankrupt, if the Act of Parliament has declared that, in the events which have happened, he can be made hankrupt Bat, as regards foreigners, there is prima facie no right to bind them they are not here. I think, therefore, that the Irae interpretation of the word debtor in the to the Bankrupter Act &, a debtor subject to t English bankruptcy law."

We Partners

hare here no doubt a strong expression of

of

a

饮

EYE-SIGHT.

NOTICE.

on the bead of the local bankraptop lagre | some stores, guns, arms and sammunition of the the same as those of the English law, there is latest pattern. Several of the guns were mounted nothing for me to do but follow these decisions for our defence and with them we shelled the On a comparison of the two sets of provisions, Chinese forts lower down Haring thus found it will be found that section 4 of the Ordinance ammunition and rice we could have held out les transcript of section 4 of the Act with four days, but being hampered by large pan AM continuing my Sight Testing Rooms some three or four changes, none of which are bers of weandet, I sent in to Tientsin to mak material for the present purpose. Section 6 of for a relieving force, which arrived on the the Ordinance is also taken from section of morning of the 23rd. The armoury 588 eva the Act, but there is a considerable diferenes dusted by the forces which arrived in Tieptein between them in respect of sub-section (1.) (fl) on the 24th June. On leaving the Armoury

we destroyed it by fire In the English Act this paragraph reads as

Casualties to date- follows — ̈

(d) The debtor is domiciled in Eng lead, or, within a year before the date of the presentation of the petition, has ordin- arily resided or had a dwelling-house or

England."

In the Local Ordinance it is as follows

British... American French.. German Italiou Japanese Austrian Russian...

Killed

Total.....62

China Gazette.

in Hongkong at

(W. BREWER & CO) which, daring my absence, will be în CHARGE of MB. MCIVER, Member Ph. Boy.. Wounded. A Register of all Glasses supplied my consti- tuents in the Far East in kept here, and any kind of ordinary or special lenses can be

328

The accuracy of the above report must be accepted with reservations, as it does not appear in the North China Daily News down to the issue of the 4th instant

A VIEW OF THE CRISIS.

DE VANTLIE INTERVIEWED IN LONDON. The Daily Chronicle last month interviewed a late Hongkong resident on the situation. Fer man in Londen, nge our contemporary, have a more intimate knowledge of China and was for many years the leading English phy sician in Hongkong, and made a especial study of everything relating to the life of the Empire. Dr. Canthis gare an interesting account of the origin of the presant situation, and its ulti mate issue.

"I have not the slightest doubt," he mid, that Russian intrigue is at the bottom of all the trouble. It is a part of Russia's policy; sho will take Peking, not now, or for some yeare,

obtained.

NOTICES TO CONSIGNEES.

THE INDO CHINA STEAM NAVI GATION CO., LIMITED.

NOTICE TO CONSIGNEES. FROM MIDDLESBOROUGH AND LONDON.

HE Company's Steamship

THE

**MACEDONIA " having arrived from the above ports, Consignees of Cargo are hereby informed that their goods are being landed and placed at their risk in the Hongkong and Kowloon Wharf and Godown Company'

'n Godowns at Kowloon, where each consignment will be sorted out mark by mark, and delivery can be obtained as soon as the goods 1592are landed.

REPAIRS A SPECIALITY.

N. LAZARUS, Hongkong, 24th May, 1900.

LEN TING,

SURGEON DENTIST, No. 10, D'AGUILAR STREET.

TERMS VERY MODERATE.

Consultation Free. Hongkong, 23rd September, 1891.

FOR SALE.

[808

A FEW OF THE FAMOUS HUMBER BICYCLES. LADIES' AND GENTLEMEN'S.

Price.

8140

WM. SCHMIDT & CO., Beaconsfeld Arcade.

1213

Hongkong, 16th June, 1000.

NOW READY.

(d) The debtor, or, if he is a member. of a firm, and the proceedings are against the firm, his partner or one of his partners, is domiciled in Hongkong, or within a year before the date of the presentation of the petition has ordinarily resided or bad á dwelling-house, or the debtor or his firm haa within the same period had a place of business in Hongkong lun Having regard to the terms of this paragraph of the Ordinance. I cannot help thinking that the person who drafted it was acquainted with the decision in Ez-parle Blain supra and in- tended the alteration made in the paragraph, as compared with the corresponding paragraph of the English. Ant, fo counteract the effect of that decision. But then, after this paragraph had been drafted and enacted in this form, there came the case of In re Pearson aupra of the liability of a foreigner to English bank roptcy law, you must look at section 4 in the frat place, and can only look at section & when the he has been brought within section 4. It. is with the greatest Bildenes that I venture to express the opinion that the two sections abonld be read together. It seems to me that, if such construction were puitted, you would have sufficiently clear indication of the intention of the local legislature that, in any case where as in the present case-say member of that

The Powers cannot help themselves," said Dr. Candie with conviction.They cannot firm, even though he is a foreigner and resident out of the jurisdiction, is able to have bankruptcy petition presented against him if drive Russia out. She wants the British rail- (d) his partner or one of his partners is domi-way along the coast knocked on the head. ciled in the Colony, (b) his partner or one of Russian statesmen fought against that railway his partners has, within a year before the date tooth and nail, and it was a terrible blow to of the presentation of the petition, ordinarily thera when Eritain persisted in the under resided or had a dewelling-house in the Colony, taking or (c) his firm has within the same period had a place of business in the Colony. But, accord- in to the express and repeated ruling of the Court of Appeal, this construction cannot be admitted. It is proper also for me to bear in ond that. If the four Chiness partners in the present case come within the terms of section 6 (1)(d) of the local Ordinance, so, in the last tre of the cases cited above, the debtors were shown to be within the terms of the corresponding enactment in the English Act. It is curious that the point now taken by Mr. Roses has not heen raised before in this Court, although the Ordinance has been in operation for more than sight years; at least. I have made careful search stng the records of the Coast during that time and can find no trace of its having been so

CHRONICLE law relating

of motion on behalf of four of the partners (ap. | subject to the municipal Er bankruptor proceedings are taken against a drm but she will take it-we know hot ways.

"But will the Powers allow her P":

On the application of the petitioning creditor, it was ordered that he should have leave to effect service of the petition on Ng Wai Chun, one of the partnera of the debtor firm, by serving a copy of it on Mr. J. F. Reece, his soliciter, And that service on the remaining Papinion that, on general principles, a foreigner which decided that, in determining the question: Chinese politics than Dr. James Cantlie, who should be effected by advertising two in the Chung Ngoi Sira Po and also by posting who has never been in England cannot be mare of the petition at No. 98. Bonham Strand, subject to the English bankruptcy law, even copies of the declaration of the petitioning although he is a partner in a firm carrying on oraliter in support of this application it was business in England. But there is also a clear stated that there are eight part ors of the deb-indication of opinion that these general prin sorra and that Ng War Chun is a Chinese ciples would have to give way if there were any

suficiently definite expression by enactment subject domiciled in China.

On the 28th March Air. Reece filed a notice the will of Parliament that foreigners should be to bank pearing, under protest and without submitting ruptcy.. to the jurisdiction of the Court) for an order. that the order for service on them of the poti tion be discharged and the service set aside and the petition be dismissed on the ground that they are Chinese subjects domiciled and resident in China, out of the jurisdiction of the Court und that the Court in bankrupty lins no juris diction over them. A declaration in support of the moths was made by Ng Wai Chat, one of the four partners on whose behalf the notes of motion was filled. In this declaration it was statel that the said partners are Chinese anb. jects, domiciled and resident in Chins out of the insisdiction of the Court; that none of them had within a year next preceding the pre- sentation of the petition ordinarily resided in Hongkong and that none of then bad within four months before the date of the presentation of the petition committed any act of bankruptcy. The statements in this declara- tion are not contradicted on behalf of the petitioning creditor, and I therefore assume

them to be true.

This case was followed in In re Pearson, parle Pearson, [1992] 2 Q.B. 263, which was feckled on the construction of the Bankenpter Act, 1833. There was some difference between the enactments on thie hand of the Act of 1980 and those of the Act of 1863, but in the opinion of the Court the difference was not such as to prevent the Court from holding that the ron struction which had been made of the earlier was also applicable to the Inter Act. The facts of the case were that the debtor Fearon was an American citizen, and a bankrupty notice had, in parensnes of wave given by the Court, been served upon him in America. The not had thint not been complied with. It was alleged Pearson had within a year had a place of busts ness in London; this was disputed, tat the Court apparently found it proved Pearson applied to the Court to set aside the banoaptes notice. the order giving leave to serve it and the service. The Registrar refused the ampli cation, and Pearson appealed. On the hearing of the appeal Lord Fisher, M., said, at p On the 30th April, on the application of the 266-Therefore, taking s. 4 alene, the same petitioning creditor, an interim receiving order constraction must be put on it in regard to was made of the property of the debtor firm.this point as was put upon s. 6 in the Act of At the bearing Mr. Rasce quoted a number 1869 and Ex-parte Blain governs the con- of authorities in support of the motion. The traction. Now 4 states affirmatively what

The ruling of the Court of Appeal in the cases first point taken was that the Court had no are to be asts of bankruptcy. Section 6 is a power to order personal service of the petition negative section, and it does not, in my opin-mentioned above appears to me to be expressly to be made ou the four partners out of the ion, affect in any way the construction of 8. 4. in point and decisive of the present question, jurisdiction, and therefore it had no power to Unless a case can be brought within s., it is and I am therefore bound to follow it. I do so order substituted service. Several cases were not necessary to look at s. 8. If the case is with reluctanes or rather with regret, becanes vited in support of this position, but they all brought within 4, and the debtor is also a I can easily conceive of considerable incon turned upon the construction of the English foreigner, it must also be brought within s. 6. venience resulting from this decision. But on rules of practice and are not, in my opinion, ap. But, if the case is not within a 4, there is no this point the following spt language was used plicablo to the present case. By suction 7 of thing in 86 which can bring it within the by Cotton, LJ, in Esparte Blain supra nt the Bankruptcy Ordinance, 1891, it is provided jmisdiction of the Com, Section 6 is only in giving the interpretation which we are asked 533-In my opinion, we are not justified The care not being that a creditor's petition shall be served in the negative. ba sime masner as a writ of summons Under within s. 4, it is immaterial whether the debtor to give to the word "debtor. simply because the Code of Civil Procedure the only difference comes within 5. 6." At p. 267 Frs, LJ, said some convenience would result from so doing, between writs of summons for service within "The argument for the appellant is that aor some inconvenience may result from not do the jurisdiction and writs for service

debtor' lu's 4 does not mean a debtor all the world over, but that it means only a debtor who is subject to the law of England, and that you must find such a debtor before an art of bank ruptcy can be committed. In my opinion that argument is well boarded." And at p. 269 Lopes, L.J., Baid I think that the word debtor in « 4, means a debtor subject to the English bankraptoy Ins, and, so soon as that construction is put upon the words, there is an

the jurisdiction is that in the latter case an urder of the Court has to be obtained for such service. Bat the provisions of section 8 (3) of the Code, which give power to the Court to order substituted service to be made in eases there for any reason personal service cannot be con rontently effected, apply to writs of both kinds, and this is the recongnized practice of the Court. In the present instance I think it we

raiseil.

g 80.

I come therefore to the conclusion that the motion must be allowed and the order for ser rice of the petition on the four partners now moving must be discharged and the service on them set aside and the petition be dismissed as against them. They must also have, es against the petitioning creditor, their costs of and in- cidental to the motion.

content for the petitioning creditor to obtain dificulty in deciding this case. The appeal ADMIRAL SEYMOUR'S REPORT.

was accordingly allowed,

The following is Admiral Baymour's report, anted Tientsin, 28th June. Admiral Sermoar

writes

What about the open door,' then?" "There is no open door. Britain will sad-

NIE

"FOR

Goods not cleared by the 10th inst. at 4 ribe. will be subject to rent

No Fire Insurance will be effected by us in any case whatever.

All damaged packages must be left in the Godowns, and a certificate of the damage ob. tained from the Godown Company within ten days after the vessel's arrival here, after which no claims will be recognised.

JARDINE. MATHESON & CO.. General Managers,

Hengkong, 3rd July 1900.

NAVIGAZIONE GENERALE

ITALIANA.

(FLORIO AND RUBATTING UNITED COMPANIES.)

NOTICE TO CONSIGNEES.

1894

FROM BOMBAY AND SINGAPORE.

HE Steamship.

"BISAGNO,"

AND DIRECTORY having arrived from the above ports, Consignees of Cargo by her are hereby informed that their goods are being landed at their risk into the Godowns of the Bongkong and Kowloon Wharf and Godown Company, Limited, whenco delivery may be obtained. Perishable Goods to be taken delivery of immediately.

CHINA, JAPAN, COREA, INDO-CHINA, SIAM STRAITS SETTLEMENTS, MALAY STATES, NETHER- LANDS INDIA, PHILIP. PINES, BORNEO, &c., POR 1900

THE THIRTY-EIGHTH ANNUal Issue.

THE

"CEYLON OBSERVER"

PUBLISHED DAILY."

Colony, with a Circulation far ahead of Oldest and Largest Paper in the

any other local print.

dealy declare that Feking is of no value-andTHE Rassia will have had her way. China, in fact, is to be Rassianised right down to the Yangtze

"But we must keep the Yangtze?"

Of course, and as long as we do that we need not trouble greatly. I bave always maintained" (and here Dr. Cantlie quoted from a volume of the British Empire" series to which he con- tributed) that the British sphere of action must be desped, and not only defined, but per ged out and defendel. The region of China lying between the Yangtze Valley to the north and the Pearl (Canton) River to the south must be guarded from the east to the confines of Barmah and Thibet, if Britain is to claim her fair share of infinance and trade in China.""!

"Assuming, than, that the present troubles are due to Russian intrigue, what has been hor immediate object?"

.!

THE ONLY CEYLON JOURNAL that receives regular SPECIAL TELEGRAMS of Mail and of other important Intelligence REUTER'S SERVICE FROM EUROPE, &c. from Bombay, Madras, Galle, &c.: beaiden Subscription, with Postage, to China and Japan, Rupees 47, in wivanco, THE WEEKLY CEYLON OBSERVER," with SUPPLEMENTS containing all Tele graphic Intelligence.

Subscription for China, Japan, Straits, &c. Rupeas 19 per annum in advance. Received at

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FOR SALE.

All damaged packages must be left in the Godowns, and a certificate obtained from the Godown Company, within seven days after the ressol'a arrival here, after which no claims will be recognised.

No Fire Insurance has been effected, and any Goods remaining in the Godowns after the 10th

Bills of Lading will be countersigned by

CARLOWITZ & CO.. instant will be subject to rent.

Agents.

Hongkong. 3rd July, 1900,

17

THE CHINA MUTUAL STEAM NAVI- GATION COMPANY, LIMITED.

NOTICE TO CONSIGNEES.

FROM GLASGOW AND LIVERPOOL. THE Company's Steamship.

*MOYUNE**

having arrived from the above ports, Consignees of Carge are hereby informed that their Goods are being landed and placed at their risk in the

I have not the slightest doubt that Russia MAP OF THE SIKLANG or WEST Hongkong and Kowloon Wharf and Godown

started the intrigus for the purpose of seeing how far she could go. But I do not think she anticipated the landing of 900 British sailors. Nor do I think she anticipated what, I believe, has happened, that Japan has spoken ont firmly by the present disturbongas, Russia, in short, and strongly against allowing Russia to proft las, I believe, aid to the Enipress-Dowager and her clique, Go ahead; we will back yen nad we will drive all these Saxons and foreign. up. You are Mongolians; we are Mongolians, ers out of China.****

"The Boters or Big Swords, whatever they are called, are therefore the tools of Russia and the press Dowager; what will be the attitude of the Chinese soldiers to these piet era?

are

That.oll depends whether the Boxers Manchurians. I don't know. The official

RIVER

From HONGKONG to WTCEOWFU, Showing the Ports and Calling Places Opened to Foreign Trade, 1897. Published at Daily Press Office, Bad Price 25 Cents. Cash....

Hongkong, 1st April, 1997

NOTICES TO CONSIGNEES NOTICE TO CONSIGNEES

KURDISTAN"

S. 8.

FROM NEW YORK STRAITS AND MANILA.

48

MONSIGNEES of Cargo are hereby informed Cat all Goods we being landed at their risk into the Godowns of the Hongkong and Kowloon Wharf and Godown Company, at Kowloon, hence autor from the wharves

and them in Peking their Manchu solliery, attack theas, but if they are Chinese there will baight to the death between them and the Boxers a fight that is between Manchus and Chineze."

and as everybody knows, the Manchus are aling dynasty in China The Manchus have If these Boxers are Manchus, the tolliers won't

army of Chizin is a Tartar or Manchurian mivery may be obtained.

Have returned to Tiantsin with forces unable

It has been suggested that Li Hung-chang to reach Peking by rail. Two attacks on the ad- Funced guard made by the Bocare era repulsed is implicated in the intrigus ?"

I don't think so," replied Dr. Cantila with considerable loss to the enemy, none on our side billed. The Boxers attacked the train at Hung-ching has been deposed and sont south. Leugfang in large numbers with great deters is in sympathy to a large extent with the Young China party and this is a retrograde mination, but were repelled with the loss of about

I believe he went with the 100 killed Our loss was fire Italians. These movement.

Gererament a certain length, but when he found afternoon the Boxers attacked the British guard of and been left to protect Lofa station, they were to going to attempt the expulsion of Reinforcements were sent back and the foreigners he declined to proceal enemy were driven off with a loss of 100 killed while our losses were two stamen wounded. The guard were then pushed forward to Anting (two words undecipherable) and engaged the enemy, indicting a loss of 175. No casualties The extensive destruction on car site.

What will be the end of all this trouble?" "I believe it will die out. If it suits the Chinese Garnment to keep the Boxers niet they will be kept quiet in fact, they will' ba bribed to keep quiet, and that, I believe, will be the end of the whole business."

EXPORT CARGOES.

have left the Godowns, and all Goods remaining udelivered after the 10th instant will be sub- jest to rent.

No Claims will be admitted after the Goods

Company's Godowns at Kowloon, where each consignment will be sorted out Mark by Mark and delivery can be obtained after the Average Bond, which is lying in the office of the Under signed, has been signed, and payment of a de.. posit of 8 per cent, on value of their goods.

Goods not cleared by the 11th inst., at 2 P.M., will be subject to rent.

No Fire Insurance will be effected by us in any case whatever

All damaged packages must be left in the Godowns, and a certificate of the damage [obtained from the Godown Company within ten days after the vessel's arrival here, after which no claims will be recognised,

Optional goode will be landed here unless instructions are given to the contrary before

P3, TO DAT

4

JARDINE, MATHESON & CO.

Agents.

1016 Hongkong, 4th July, 1900,

FROM HAMBURG, PENANG, AND

SINGAPORE.

All Clanos gainst the Steamer must be pre-HE HAL. Steamship sented to the Undersigned en or before the 10th instaut, or they will not be recognized,

All broken, chated, and damaged Goods are to be left in the Golowas, where they will be

No Fire Lustrance has been affected. examined on the 10th inst., at 3 PM.

Bills of Lading will be countersigned by

DODWELL & CO., LTD..

Agents. Hongkong, Brd July. 1909,

1901 OCEAN STEAMSHIP COMPANY. ONSIGNEES per Company's Steamer

SARPEDON":

ABAVOLA.

Captain Muller, having arrived from the above ports, Coulguses of Cargo are hereby requested to send in their Bills of Lading for countersignature by the Undersigned and to take immediate delivery of their goods from alongside.

Optional Cargo will be forwarded unless notice to the cpatrary be given before 3 P.4. TO-DAY.

Any Cargo impeding her discharge will be landed into the Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited, and stored at Consignees risk and expense.

No Claims will be admitted after the Goods

are hereby notified that the Cargo is boing die have left the Godowns, and all Goods remaining charged into Craft, and/or landed at the Geundelivered after 11th July, will be subject to downs of the Hongkong and Kowloon Wharf rent. and Godown Company; in both cases it will le All broken, obafed, and damaged Goods are to at Consignees risk. The Cargo will be ready be left in the todowns, where they will be for delivery from Craft or Godown on and after examined on the 11th July, at 3 P.3.

No Fire Insurnace has been effectul.

SIEMSSEN & CO., the tli instant.

Agents, Hongkong, 4th July, 1900.

(1903

ordur of the Court for the service of the

The decisions in these two cases were regarded petition out of the jurisdiction on the four partnera domiciled in China. But I further as binding in the still stronger case of In re d. think that when lo satisfied the Court, as he B.& Co., 1900110.B, 541. There the foote were did satisfy it by his declaration in support of that the firm of a B. & Co was constituted of the application for substituted service, that he two partners, who were citizens of the United was unable to ascertain the whereabouts of the States of America and resided in Baltimore. partners of the firm, it was competant for the where their principal business was carried ou, Court to make an order for substituted fervice They had also a branch businers in the City of on such partners, without reference to the fact London, which was carried on by a manager is whether they were within or without the their name and on their bellale. In the carry jurisdiction. I am therefore of opinion that ing on of that branch business they had con this objection cinuot prevail, and that the tracted debts in England, and they had assets in service of the petition on the four partners who England bankrupty petiton was presented are now moving the Court is, so far as this point by English creditore against the firm alleging of practise is couned, good service.

two sets of bankraptoy, namely, notice of sus- Then the order for service and the service pension of payments given to one of this petition thereunder and the position are impugned by ing creditors and the execution of an assignment these four partners on the broader ground that by the firm of their property to a trustee for the they are Chinese subjects domiciled and resident benefit of their creditors generally. The uotice of in China and are therefore not amenable to suspension was sent to the English creditors, but the bankraptos jurisdiction of the Court. the assignment was executed in America and There caves were principally relied upon in sup the trusted was no there. The debtors disputed port of this contension, all of them decided the jurisdiction of the Court, and the Registrar the inuway in our front having made by the Court of Appeal

refused to make a receiving order sul is further advance by rail impossible, I decided to "The first of these cuser in Es parts Blain, In missed the petition on the ground that, the fall back (another word undecipherable) szi re-Susters, 12 Ch. D. 20, which was decided in debtors being feroigners and out of the juris return to Tangisan where I proposed to 1879, on the construction of the Baskanter diction the Court had no jurisdiction over organize an advance by river to Peking. After 20 Act, 1969, In that case the facts ware that them. The petitioning creditors appealed, my departure from Langfang two trains left to oil James Savors, of Liverpool and six other per- and it was cantonde cu their behalf that follow on were attacked ut (name illegible) by sous traded at Liverpool and in Loudon under the respondents were subject to the juris. Barers and Imperial troops from Peking, who the Grau of Jamos Sawers & Co. and at Vaipadiction because they had cried on business in lost there 40 or 300 in killed. Our casustics raiso and other places in South Ameriga, under England in terms of section 6 (1.1 (d) of thewers six killed and four wounded. These trains the firm of Sawers, Woodgate, & Co. The Bankruptcy Act 1888, and that the assignment joined me at Yangisan the same evening. The For Antwerp:-100 halos feathers, 51 cases principal place of business of the Ern was in would defeat the English editors by making railway at Yangtsun was found to be completely England at Liverpool Two of the partners the English assets available for the payment of demolished and the train immovable: Tho were Chilign sithjects, domiciled and permanent the creditors in America. But the Court of forces belog short of provisions and hampered ly resident in Chill, and they had never been in Appeal consisting of Lindoy, M.P., and Rigby with wounded forced us to withdraw upon England. Execution in rospect of 8 juigment and Vaughan Williams, L. JJ., wore unani- Tientsin with which there had been no com abore £50 obtained by William Bin having mously of opinion that the Registrar's decisionmunication for six days, while our supplies been loried by soizure and sale of the goods of was right. In giving judgment Lindley. My wounded. We therefore started by bont, the were out off as well as necesuries for use of the the firm at Liverpool a bankruptcy petition said, at p. 5441 will not say what view was presented by Bluin against all the members might have been inclined to take if it were not forces marching alongside the river. Opposi of the firm of James Bawers & Co., alleging list for the previous decisings of this Court which tion was experienced during the whole course of 5.00 packages ten, 100 sans starasissed, 106 Captain Bahle, having arrived from the above the fery was an act of bankruptos committed are binding upon us. But, having regard to the river, for in nearly every village, the rebois esta gallanis, T cases essential oil, 19 rolls porte, Consignes of Cargo are hereby requested by them. An ex parte order was made giving those decisions, I think this appeal must fail. when defeated in one retired on the next matting. 30 cases paper, 17 cases cigars, 17 cases to soad in their Bills of Lading for router the petitioning creditor leave to serve the pati. Then he referred to Ex-parte Blain sapra and village and skifully retarded the advance by human hair, 10 cases bristies, b; boxes feathers, signature by the Undersigned and to take in mediate delivery of their goods from alongside tion on the two Chilian partners in Chili. Be In re Pearean supra as the decisions by which occupying wil eelectel positions from which 4 bales cares and 8 cases Ching silk.

Per stemmer Laos, sailed on the 2nd July notice to the contrary be given bufare 3 P. Leare was given to they had to be forced often at the point of the

Optional Cargo will be forwarded unless for the hearing of the petition as against them, the Cour was bound.

bayonet, in face of a galling fire, it was dificult

TO-DAY the jurisdiction of the Court, and sakod that the The affect of those decisions is that a

Any Cargo impeding her discharge will be order for service might be discharged, on the who is resident out of the jurisdiction of the arch, arriving at darkrat, opposite the Im-sillos, 50 cases staranised, 4 cases cheese, 7 cases ground that the Court had no jurisdiction over English Courts cannot be made baabrupt un perial armoury abore Tientsin where after 6 cases Chinaware, o packages teaand 477 landed into the Godowns of the Hongkong aal rolly matting. For Lrous-618 ben raw silk Kowloon Wharf and Godowa Company, Limited,

Goode not cleared by the 12th instant, at then The Registras discharged the order, and less he has committed au not of bankruptcy in friendly advances the teacherous and 1 case silke. For London-35 les raw silk, and stored at Consigases risk and expense. the petitioning éreditor appealed. The Court of England; that the words "a debtor in section opened a heavy fire walls our men were ex-

Per P. O steamer Mazzgon, sailed on the No Claims will be admitted after the Goods, will be abject to rent.

No Fire Insurace will be effected by me in appeal came to the conclusion that the Registrar 4 of the Act must be taken to mean a debtor posad on the rivar bank. The enemy was was right. In the course of his judgment-at properly subject to the English bankruptcy kept in check by rifle fins in front while the 2nd July. For London cases private efforts have left the Godowns, and all Goods remaining p. 626-James, L. J said:"It appears to me laws; that section 6 of the Act does not come position was turned by a party of marines and and I cam cigars from Mouila, 270 boxes tea andelivered after 18th instant, will be subject any case whatever that the whole question is governed by the suto operation unless the debtor is within samen under Majer dourstone who rasked and from Macao, 7,595 boxes, ten from Copters to notbroken, chafed, and dampged Goods are

rolls mats, 1 case feathers, 6 cases copperenre, The Germans lower down silenced two broad, general, universal principle that English section 4; and that if the case is within section occupied one of the salient.points, also selenses woodware, 1 715, packages firecrackers, to be left in the Godorus, where they will be tained from the Godown Company within ton legislation, unless the contrary is expressly 4, it must also be brought within section 6 gua. enacted or so plainly implied as to make it the These decisions were pronounced by no legs gans, then dressed the river, capturing them 77 rolls matting, 3 boxes private effects, 1 box examined on the 19th inst., at 3 P.1. daty of an English Court to give effect to ad than eight distinguished Judges, and they must both. The armoury was then compied by our cigars, 1x china ink, 8 packages model engines, English statute, is applicable only to English be taken to settle the law on this point, unless combined forces. Determined attempts to re- 5 chests Persian opium and 7 boses silks. For subjects or to foreigners who, by coming into sad until that law is declared to be otherwise take it were made cu the same sad following Murailles bales waste zilk. For Manches this country, whether for long or a short by the House of Lords. If, then, the provisions ders but were unsuccessful. We found welter-150 bales waste-vilk.

MR.

For German steamer Oldenburg, called on the

Optional cargo will be lauded nuless notice Jam. For Smyrna 10 casas essential For Naples:- rolls matting. Fox Trieste..

Goods levered after the 11th instant will. 500 boses les and 20 bales cazes. For Genoa has been given prior to steamers arrival.

is raw silk, 200 packages tea, 100 balea waste, silk, 15 cases essential oil and 14 rolls be subject to rent. All damaged Goods must be matting For New York:-60 cases, essential left in the Godowns, where they will be ox-

amined at 11 A.M. on the 10th instant.

BUTTERFIELD & SWIRE,

་Äamts '' rider, 35 kales ruitancers, 25 cases staramiseed.

Hongkong, 3rd July, 1900, 15 bules bamboo tape, 9 rolls matting, esses blackwoodware and cases cigara. Fer Amster dan:-50 rolls matting and 10 cases Chings are

FROM HAMBURG, PENANG AND SINGAPORE. For Rotterdam:250 balas broken cassis, 10

and 3 rolls matting. cases Chinaware

For Lon For B-380 rolls matting, 10 bozes don241 boxes tea and 80 casoa essential oil,THE HAL Steamship

"HOLRATTA" alufous and 3 packages tea. For Hamburg:

they appeared under protest, not submitting to appeal to the House of Lords.uner to locate word illegible) We made a night For Marseilles:-200 bales raw silk, 6 cases

"NOTICE TO CONSIGNEES.

THE P. &. O. §. N. Co.'s Steamship

*MÄLTA.”

THE 1808

No Firo Insurance has been effected.

SIEMSSEN & CO., Agents

£1885 Hongkong 7th Jul, 1900-

FROM ANTWERP, LONDON, PORT SAID, SUEZ, COLOMBO AND STRAITS. Consignees of Cargo by the above-nanied Vessel tre hereby informed that their Goods are.

ring Inned and placed at their right in the Hongkong and Kowloon Wharf and Godown Company's Gudorne at Kowloon, where each consignment will be sorted out mark by mark. and delivery can be obtained as soon as the Goods nze landed.

This vessel brings on Cargo-

From London, de, eras. Ching Optional goods will be lande here unless instructions are given to the contrary before

P. TODAY

All damaged packages must be left in the Godowns and a certificate of the damage ob days after the vessel's arrival here, after which no claims will be recognised.

A. M. MARSHALL,

Acting Superintendent. Hongkong, 6th July, 1900.