1911-05-06 — Page 8

174

BANKRUPTCY COURT.

The Bankruptcy Court was hold Wednesday at the Supreme Court, bofore His Lordship, the Chief Justico, Sir. Francis Piggott,

ORDER FOR ANNULMENT.

An application was made on bohalf of A. Rumjahu for the annulment of bankruptcy, pro- coodings. Mr. Fletcher, Depaly Oficial Receiver, made the application under section 39 of the Bankruptcy Ordinance, "-"

His Lordship Who nukes tho application?

Mr. Fotolior-I do,. on behalf of the debtor. The section states- that “whoro it is proyed to thọ satisfaction of the Court that the debts of the bankrupt have been paid in full, or fully socured."

His Lordship You apply for annulment of the proceedings?

Mr. Fletcher-Yos, I am satis- fied that the debts have been either paid in full or are fully secured. This is an old case. A potition was presented in October, 1908, the ground boing that the debtor hud given notice that he would suspend payments of his debts. At the first meet-

Was iho business paying when you commenced it?-Partly. What was your next loan? Debtor's reply was inaudible. When you started the Baltimore Hotel, did you owe anything? -No.

You borrowed $3,000 for the Zotland Houser--Yes,

Who from?-Different people. You have not specified the dates., Zetland House did not Pay, so you continue to borrow? -Yes.

Notwithstanding that Zetland louse did not pay, you started

THE HONGKONG TELEGRAPH SATURDAY MAY 61911

I understand you lost $100,000 | #3,000?—That come out of the on gambling? It is not correct.iminosa, later on... I don't gamble.

STORY OF THE RIOTS.

them to pay the money, and re-shop you lost money on?--Yos. Where did you get the money' coived a letter from the solicitor And recently your business lins | From?-Tho three thousand, of the Chiun Merchants Assucit been chiefly confined to jewellery? which I paid down, I borrowed. [By O SUL Commissioner.] tion, saying that the account had Yos. A

And what about the other been paid by the firm in the pre- sonce of one of their representa tivos. The second debtor upon the books also replied that ho had paid the moy owing to Lam Choong to two of his representa tivos. Among the doubtful lebts two letters had been re- turned to the official receiver from the post office "address unknown," while no reply had

I daro say you don't, but you liave not lost $100,000 in gambling?--No.

And you owe about $50,000 or $60,000? Yes.

1

And to what do you attribute your failuro? To bad debts.

What kind of bail debts ?

From whom, sailors P→→→V

-Various

Army" regrets not being used; The reason for not using it is tho. uncertainty us to their sym- pathies.

Admiral Li Sing Yok is still in command. The stories as to the General's wounds are some- what conflicting. The officials claim ho was shot in the hand, while the papers say in the side.

Canton, May 2nd, From an apparently reliablo The business, at first, was source the Chinose oficials-I fairly prosperous?-Fairly pros-learn that the three towas refor perous

red to in your paper, as having beon burned down, were not po

It is cortain, he is alive. The destroyed. Only a part of the only person of particular im yumen of the Commander of the portance thuis. for killed is the Military District at Fatshan, and Director of the Financial Depart the police quarters at the same ment of the. Treasury. place were destroyed. My informa

According to the officials only tion is that the revolutionists 47 Tints thus far been boloaded: assembled at the town of Lak all of whom were caught red- Chun on the 28th ult, and on the hunded." following day, under the subter fuge of publio spouking, succcod- ed in mobilizing without attract- ing attention. They then proceed- ed to attack the local guard, who, instead of offering resistance, abandoned their arms and made

What are your nasola?-Poo-Chits. /' plo owe me about $60,000.

Dabtor explained that a Cliun-people. been received to the third.non in Macao owed him $10,800 How did you accumulate them: Among the debtor's assots was but he was now poor. As soon as did you allow people to ran up Did you keep any accounts?hic sum of $336, which he had he became rich again ho would accounts as toy wished-Not

pay him again.

ad lib; but when a person has Inanyovont his promissory note spent four or five dollars and runs is mortgaged to Messrs. Unann short you cannot say

the Baltimore?—Yes.

No.

Mr. D'Almada-1 think you showed me some books-I show

ed you a register.

What did you consider your. liabilities to be when you started the Baltimore?-I should say soothing between $10,000 and

$15,000.

No.

Did the new business pay? Subsequently you borrowed money on bills of sale for furniture in the Baltimoro?-You.

How much? About $2,000, Have you given the Official Receiver all the bills and account hooks you have got?--Not ail.

deposited with his solicitors, and had been refunded on his, the sponker's application, and $77 from the sale of a'liko policy.

Mr. Harris, in reply, romarked that the Official Iteceiver had read certain letters which had | not been put in and which were not evidenco nt all. At the time of the petition His Lordship was satisfied that thoro were sufficient assets,

His Lordship-I did not go into the question. I was satisfied for the purpose of the application,

Mr. Harris-Ho was put into the box for the purpose and you were satisfied that there were sufficient assets.

Why not? Don't you know it is your duty to do so?—Yes. His Lordship-For the pur-

When you outered into partner-poses of the application only. sirip with Dr. Paul you did not tell him about the bills of sale?-Yes, I did.

ing of creditors a composition of 25 per cont. was suggested, but no further steps were taken with regard to this. After con- siderable onquiry. I was satisfied that the estate was quite solvent. The story of the proceedings is one of negotiations with these various secured creditors, and after a

So when he says that you did great deal of property had changed hands in many ways, and theo, to is inistakon?—Yos, I did

toll him. present position is that there is u sum of $180,000 owing, which I am.satisfied is fully secured. Thero are unsecured debts amounting to $5,788, due to two creditors with whom arrangements havo been made.I would ask your Lordship to grant the order.

His Lordship So everything has been settled.

Mr. Flotcher-Yos. There is a large amount of landed property, and two large insurance life polices, amounting to about 500,000.

The application was granted. A BOARDING-HOUSE KEEPER'S AFFAIRS., Re Rose White, public exam ination.

ALLEGED FRAUDULENT

PREFERENCE.--

Continning, Mr. Hurris said there was no evidence before the Court to show that there were no substantial assets. Doblors al- ways denied that they owed monoy, particularly when they Mr. D'Almandal will ask for wore in America, and know an adjournment of this case. that they could not bo pro- The one was adjournoi-until-l-ceaded-against-The-more-fact- the next sitting,

that the Official Recoiver did not consider himself justified in instituting proceedings in America did not prove to His Lordship that there were no assets which could be got if pro- Mr. Gardiner stated that he per proceedings were taken. His appeared for the petitioning ere-Lordship must have been satisfied ditor. The acts of bankruptcy at the time, particularly as the were set out in the petition point was raised by the Official Ro- transferring his goods and the partners in the firm abeonting thomeolves from their place of business. The stock-in-trade of the firm or a great portion of it lad been transforred.

for a Receiving Order,

Ro the Yoo Sai firm, application

His Lordship 1. must have some evidence of the nets of

Thero wero C0608

nund Sonnet Frores?—Yes. · An- other man named Major Sauvago owes me $10,500. He is now in Portugal.

Tho dobtor further stated that he expected tho Major would pay him on his return to Hongkong.

Will ho come back?-1 cannot say.

I was laid up for three weeks in bod, and I have not done anything

·80 far:

No..

You have promoted boxing autertainments from time time?--Yos.

wo

And what money did you re- serve out of that?-About 2,000 altogether.

That wont into the business ?- Yes,

What are your total debts ? About $10,000.

1

́off.'

This temporary... 'ndvantago greatly enhanced the prestige of orevolutionists, as did niso their

1

VICEROY'S FAMILY NARROWLY ESCAPE

DEATH.

TROOPS-ARRIVE IN TIME TO PREVENT PLACE· OF REFUGE BEING DESTROYED.

order to the merchants not to in- ["TALBORAFE" CORRESPONDENT Your creditors gave you a

Canton, May 3 month in which to amble ut includes three thousand increase the price of rice. It is

It has now transpirod that the you to find out some good book the beginning; you started with a quite possible that this movo also debts. Have you found them?dent of $3,000 and have never added considerably to their ranks. family of the Viceroy and; two tem out of debt? There was, The next order was to the people members of his staff only narrow $3,000 for the business and who were instructed to cut off ly escapod from the jaws of death. on the night of the outbreak.: As $1,800 for licenso feo. I started their quoues. $4.800 in debt.

Everything went "merry as a already reported they escaped-by marriage, bell "until the arrival demolishing a back wall of the of the soldiery. A slurp engage- yumen. They were led by one of ment resulted in the dispersal of the Viceroy'sA.D.Cs. to the house. the insurrectionists, who left at Sain-tor lane in Knu-yu street; twenty-seven dead on the scene, occupied by the family of one of Admiral i Ulun's staff officers, of the encounter.

Supposing you are given a further month, what assets do you expect to recover?-1 don't know of any Ioan only do my best. What do you expect to got? cannot say..

I

And you have the opinion that if you still carried on the business you could make it pay I do not know; it does not pay at present, of course in the past I have had You won't enquire of the Major no real chance. I have been pay in Lisbon to start with. Whoang back the whole time. will you enquire of?--I can write Did you pay interest ?—You.. and ask him to repay the money. How much Altogether the

Is-thoro-nuy-money-you-expectanterost-cost-me-$450.

to recover definitely within a it year or a month? On the month? No." ́Ono can never say "] wholo lonn. what will turn up.

That concluded the public amination.

I understand you used to get your jewellery from Messrs. Ulmann and Sennot Frores on consignment? Yes.

That is you got the goods to sell, at a profit?—Yes.

1

I

A SCHEME OF ARRANGEMENT,

He

The retreating revolutionists No sooner had they got into the commandecred junka and ondon-house, than the news reached the: youred to roach Fatshan, but ours of the rebels, who ateneo sur were overtaken by Chinese guin- rounded the house and some of boats. A sharp fight ensued, "them wont-on-to-the-roof-to-pour- Five soldiers and, about one down kerosine. oil with the in hundred insurgents were killed, tention of setting fire to the house. and the junks-uk-or-wore cap--Fortunately the troops arrived at.. tured. There were about four an opportune moment and the hundred insurgents, and the re- rebels fled in all directions. The maining three hundred succeeded, Viceroy's family and his staff were. in osenping in the small boats then escorted to Admiral Li through shallow water where the Chun's yamen. gun boats dared not follow.

Notwithstanding their evident defeat the insurgents continued to Fatshan where they destroyed the police quartors and partly burned the yamen of the military district commander.

ARREST OF INSURGENTS

FORCES OF TROOPS STRENGTHENED IN

CANTON.

4.

Resume Businesszelezia

"TOLEDARE CORRESPONDENT ?

They then awaited the arrival Viceroy Advises Merchants to of the troops when a vigorous fight onsuod rosulting in the death. of one captain and about thirty (T soldiers and many (number not

Canton, May 3rd.:. known) insurgents. The fight 1.E. the Canton Viceroy and continued until the person ap- Admiral Li Chun have jointly is parently leading the insurgents suelo notification informing the wis several times shot and at last public thatorder had been restored. foll, when the revolutionists in Tat-slau and that the rebels who are at lurge are being appre- scattored to the four winds.

Ro. J. C. Logan. In this case, which was before And I understand you used to

the Court at the last sitting, the coivor, that there were substantial sell these things or pawn them Deputy Official Receiver asked assots. Mr. Harris submitted and not account for them ?That that the debtor should be allowed with all respect that if an order is wrong. You have not got the continue his payments, which was once made His Lordship had right story. The story is that would be about $100 to $150 no power at all to rescind the re- when I first started businessouth, until he had paid in full. coiving order. There was power bought jewellery to the extent of That was proposed ruthor as a to rescind or annul an adjudica, $100,000 cust. They got me to scheme of arrangement. Tho debtor stated that she was

tion order, and of course, if he so got goods, on consignment, and asked for on ad jusication order,

After tillin.tho debtor went into recently propriotress of, the Bul-bankruptcy.

wished, the Official · Recoivor | lost my money. timoro and Zeiland House Hotels. The Official Roccivor-There could have the debtor adjudicated In answer to Mr. Fletcher, the the boxand deposed that he started business in 1904, as a contractor, She began about five years ago in are two affidavits before your bankrupt and then apply to have debtor stated that in 1003 ho gave with no capital, save a launch, Blue Buildings, and then moved Lordship.

tho order rescinded. There was his daughter a house, and in 1905 which his father gave him. In to Zetland House four years ago.

Continuing, Mr. Gardiner said no power, however, in that Court, ho settled the sum of 50,000 ou 18 he went bankrupt, but, on She borrowed about $2,000 at the there was a question of fraudulent to rescind a receiving order. hor. He was not in debt, at the paying his debts in full, he was time. That w Ter first dobt, proference.

Just home time.

discharged. Later he entered into She opened the Baltimore about His Lordship-Where's proof where such orders had been In answer to Mr. D'Almada, 2 1-2 years ago, and borrowed of that?

rescinded under section 104, but win appoured on behalf of crodi- uartuorship with Capt. Nicol, to

The foreign residents were yes-hondad. They also informed the $3,000 in order to open it. The

Mr. Gardiner-There's the de-for Koine renson or other, tors, Tavares said he always had ran the Imperial Hotel. He had Hotel was refurnished by hor.claration of lo Su Chu which the Attorney-Gonoral, or who money. He came to Hongkong previously borrowed $3,000 of terday given a considerable scare people that they have strengthen- was filed on the 7th of April. over framed the Orditianco, with $150,000. He commenced that gentleman and when the by a report of trouble neared the forces of troops in Canton, The Official Receiver-With had thought fit to leave that section an exchange business, and in partnership was dissolved $2,000 Tui Sun street. The gun bouts its suburbs and its outskirts. At regard to the question of fraudu- but altogether. He submitted about nine months he made was written off the debt, as a prepared for action and marines thoasmo time they have dispatched. onsideration. His total debts were landed on the Shameon. The more gunboats and steamilaunches lont preference, Messrs. Sander that the Court was bound by the $13,000 profit.

were about $5,000, and his total rumour now appears to lure for patrolling the placo. All tho Wioler and Company denied that powers given to it by the Ordin-

URFets book debts, &e, wore originated by the people outside gutes in the city have now been they over received the goods. |auco, If the application was granted, said Mr. Harris, it would

$3,000, There was no evidence of that,

the walled city sooing what they reopened, but soldiers are station- mean that the debtor would be

bankruptcy or failure ?-Com- troops coming out. The fact is pedestrains. His Excellency and To what do you attribute your thought to be a large body of ed at each gate for detecting petition on the harbour, bad times that the gates had been closed Admiral Li Chun, advised the und heavy expenditure in the and wore opened to allow a high gentry, the merchants and the office.

olliejal and bis body guards to public to go on their business AB What office had you ?-I had 60 pass out, when a large crowd, usual. any wrongdoer dares to Das Voeux Rond, at a ront of which had congregated just on create a disturbance by spreading $150,

the inside waiting for the gates rumours, he will be severaly to be opened, ruslied out. punished on discovery.

The two houses had paid at times, but owing to bad debts she had lost a lot of money.

How much did you lose a your? Ironlly cannot toll you, About how much ?—I cannot

say.

It appears from your statement of affairs that your insecurod debts amount to nearly $29,000?-YCR.

Part of the amount was money

Mr. Gardiner I file further affidavits.

Mr. D'Almada-Were you ever banished from Macao?

Debtor caused some laughter by replying in English, "No,

lot loose in the streets and Jiablo 'novor.'

ALLEGED DISHONESTY.

to be imprisoned for all his dobis. You told the Oficial Receiver Mr. Fletcher made an applica-

That was entirely opposed to the that you never gombled. Havo borrowed?--Yos. Mr. Robertson tion for the recission of the receiv. principle of the ordinance. The you over gambled in a Chinese of Price and Company borrowed ing order made with regard to made on behalf of the Official Ro-

application at home was never| Club!-No, never. “ some money and I stood guarantor Lam Cheong.

Now I put it to you that you -to-him-

"The application was opposed by

coivor. It was made by the dob-gambled in a Chinese Club and tor and opposed by the Official lost, in one night, over $50,000. How much did he borrow? Mr. Harris. $0,000. He died and I was called

Mr. Fletcher said he made the Receiver. It was not right that-That is all lies. You had better upon to pay.

application on two grounds under the Court should be used in order prove your statement. Sections 8 and 29 of the Ordin- to punish the debtor for not pay- Mr. D'Almada It is not for mo anea. The debtor was a man who ing his debts. If the order. were to prave.. I am asking you. was prosecuted at the criminal granted, it would be impossible In answer to further questions, sessions for misdemeanour with for a Californian merchant, who the debtor stated he had no assets regard to his bankruptcy petition, as fio should bo protected. Tho

became bankrupt, to be protected at all.

ward were that tho Court had no inherent jurisdiction, and also that

To whom did you pay the money?--I haven't paid it yet.

Oh, you haven't paid it yet 2 No, but I gave Robertson some

money.

What proof leave you of it? Surely, you have an I. O. U. or something?-I have.

Then why didn't you give it to me? (No answer).

On the 2nd November, 1910, you borrowed $3,500 from Mrs. Yiu A Kai?-You.

What debt did you pay with that money? The expenses of the hotel.

And you do not care to collect

and was acquitted. The history only two points he brought for- the money from those who owo it

Hie Lordship deferred the question.

HEAVY LIABILITIES. The next person for public examination was a Mr. Tavares, who in reply to Mr. Fletcher said he started business in Macao, as a curio seller, with a capital of $10000.

And you are now living rent tre by arrangement with Mr. Buttonjce. You are selling goods for him? Yes.

month?--You,

. י

COMMERCIAL,

This frightened the people on the outside and the fartlaor they' ran the more frightened they be

SHANGHAI TRADE. And you undertake to pay to camo, and their number increased.

Messrs. Noel, Murray & Co.'s the Official Receiver the profits The West and South, and possi that you make about $150 ably the East, gates, are now open, report on the Shanghai Picco I have just returned from a visit Goods Trade says;—It has not The examination was closed.. inside the walled city. The on- | boon necessary for some consider-

BAD BUSINESS. trances, both inside and out, are able time past to find any fault, you! It is not a question of Chung, stationers, also appeared excitement, especially about the A. Customs daily returns are Phe head of the firm of Wing strongly guarded. Suppressed with the manner in which the I coring: I cannot get hold of them. For examination. He attributor gates. is evident, otherwise avory-published, but when for two

The examination was closed. his failure to bad business, Mr. thing is serene.

weeks ju succession absolutely no A BAD START.

Fletcher suggested to the debtor On the 20th April the Vice-import cargods are declared, it is Bofore the Registrar, Mr. Cut the petition was brought by roy published a notico offer about time some domplaint was Melbourne.

a friend of his to help him out of ing a reward of two hund-made. The usual average time Jus difficulties. This, however, red dollars per head, dead for the declaration of import

or alive, for all revolutionists, goes is twenty five-daya the debtor denied.

EXAMINATION CLOSED, ' This greatly alarmed the peoplo, entry, but there are now over nine In the public examination of especially those without queues, inportant corriors that liave been Byder Brothers, one of the and the Viceroy was politioned to hero, an average of twenty-nino debtors stated that he, his brother withdrasy his offer, which he did days whose cargoes are not yet und his mother carried on the thie samo day. Chinamon are published, the longest thirty-five basincan of a dairy. He bought now afraid to enter into the "Old days; besides which there are ten a number of cattle for $800, and City" for fear of being mistaken or a dozen more that have been about six months afterwards for insurgents or being shot here, for a shorter time, This How did you acquire tho Prayaught another lot for $500. by persons who have grudges makes it very diflicult for im

Two years ago he bought a far-1 against them.

porters to form any idea of the ther lot.

A very significant feature is position as regards stocks the non-use of tho "Now Army" The run is still chiefly on Eng that is, the army trained necord-lish cloths but American, makes ing to modern metlieds, All the bave received a little more atten gliting and service line been tion from the Northern markets, lone by the old army. Only which are improving

The public examination of It. H. Whittaker, proprietor of the Praya, East Hotel, was next dealt with,

Mr. Harris-You are proprietor of the Prayn East Hotelf-Yos.

You have been there about four yours?-Three and a half.

What was your business prior to that?-Sergeant in the Army Service Corps,

of the caso, briefly, was that the debtor filed his petition in March, 1910, and on the 10th of that month a receiving order was abuse the principles of the Bank- to make the order would be to Why did you want to made. It uppoured from the pub give Robertson the money? lio examination that quite short-ruptcy Act, which were to protect (No answer).

the debtor," ly before, he went to various merchants in Hongkong and bought nearly $20,000 worth of goods upon credit. There he sold and according to him, he used the proceeds to ropny depositors. In examining the names of the de- positors in the books he found that many of them had names which were not unlike the debtors and further that they all lived in the Mr. Fletcher You bogan From Captain Gillan you borsame village. They were pro business in Hongkong, twolvo rowed from $4,000 to $6,0007-bably relatives of the. debtor,years ago with $160,0007-Yes. East Hotel?--I bought it. Yes.

Tam Cheong put in a statement of

What business did you do in Do you mean to tell me thatall affairs which showed Good Hongkong?-Different kinds of that money has gone into your books "dobts $3800; doubtful business. business? Yes.

dobts: $5152; and bar dobte. But that doon not explain at Mr. Leo. d'Almeda, who repre- $16,222. His Lordship hold in all? I had a barber's shop sented creditors, crom-examined the criminal proceedings, the and a compradore's shop and such

assets available for the creditors like

You borrowed $2,000 at about the same time from Mrs. J. C. Wong? That was at another timo.

debtor.

jewellery?--Yes.

You started in business by hor-might include the whole of these And you bought, and sold rowing? Yes.

assets. In the ledger the sum of When did you pay off the $8000 was owing by n Kong $2,0009 haven't paid it yet. Wick Wo firm of San Francisco,

de Did you pay interest on that? He, the speaker, sent them

The usual notions, mollientpon

You did some exchange bus. ness and dealt in house property?

Yes, proper

The berber a and compradore

Who from?Mr. Rumjahn and Mr. Owen.

What price did you pay ?-Six thousand dollars."

And what did they got the hotel for Mr. Rumjahn previously bought it, I believe at an auction, for about $600,

And sold it to you for $0,000 Yes.

How did you Three thousand down and three thou

11

after

re: Ueen

The Official Receiver-How was it that the firm camo te bo Hyder Brothers?When we bought the cattle. from Hir- man Singh be made all three of uus sign. -

on one occasion was the Some slight efforts' Where did you get the money "New w Army" used, and then made here to clear up this unpaid

2-I have saved part from only to gui the gates for a short native Bar uy pay I am working at the time to prevent anybod Naval Yard and part of it was During this service they given me by my wife. The ons revolutionist ADO -examination was clon

the Chi