1915-04-15 — Page 8

«ACTION AGAINST

OFFICIAL RECEIVER,

Was There Really a Trespars?

Before Sir William Rees Davies, at the Supreme Court, this mora ing, Mr. Elden Potter (inatracted by Mr. Needham, of Mesare. Ewone and Needham), made an interest- ing application on behalf of a Chinese woman. Mr, Alabaster (instructed by Mr. Shenton, of Messre. Deacon, Looker, Deacon and Harston) appeared for the Official Receiver.

Mr. Potter said this was op application asking for an order, that the receiving order made in Bankruptcy on November 26, 1014-connected with property registered in the Lind Office, section L of Marine Lot 71- should not be maintained, and should be vacated.

· Mr. Alabaster said this was ́a olaim in trespass against the Official Receiver and could only be brought by writ. This lady (NgSai-wan) said that the Official Receiver had registered a receiv ing order against property

which she said belonged to her and ste wanted that registration vacated: She had, if she felt herself ng- grieved, to issue a writ against the Official Receiver and claim, in her declaration in that Way such damages as the considered hereelt entitled to, but she could not take out a summopa-

His Lordship: Where is the summons?

Mr. Alabaster said it should be on his Lordship's bench. Sho was not the bankrupt, nor was she a creditor-in fact she was no party at all in the bankruptcy And he had taken out a summons instead of bringing the proper roceedings. If she complained that there had been trespass by the Official Receiver, in that the Official Receiver in that bank- ruptcy had registered a receiving order against property which had nothing to do with the bankruptcy order, her proper remedy was by writ and this oaee could not be tried in any other way; abe had no locus standi at all. There was Do inhereus right in a person to butt in in other acticne and take. out summonses because that affords a simpler way, because that was not the law. If one had a claim against a person and he was not s party, he had to bring his claim by writ.

His Lordship asked if it was alleged the Official Receiver had taken possession of that property,

Mr. Alabeater said the allega. tion was that he had registered it. There was a Land Ofoe where titles were registered and if abe was a baskropt a feceiving order could be registered there as against that property-that pro- perty she said was bers and be-- cause that property was bere, she wanted the receiving order re moved; in other words, she said the Official Receiver had committ. ed trespass against her, and, if that was so, ber proper remedy was by issuing a writ. She was not a partner in the firm that wan bankrupt.

THE HONG KONG TELEGRAPH.

COMPANY REPORT.

The China-Borneo Co., Ltd.

EXTRA

HONGKONG, THURSDAY, APRIL 15, 1915.

HARBOUR OFFENCES.

Head Watchman I, Torner of

THE HORTICULTURAL SOCIETY.

DENTIST'S CLAIM.

The report of the above Com-the Hunghom Docks charged Some Interesting Comparisons Allegation of Bad Workmanship.

The accounts abow

a profit of

From this has to be deducted: Feey to Consulting

Committee

$112,653.70

Taenog Tai, the master of a pas Benger boat, before Commander Basil Taylour, R.N., st

the

the

In the Summary Court, this land, K. Nomoto, a dentist, aued J. J. Hunt, the chief officer of the .. Katsong, for the sum of $198.50, for professional services rendered to the defendant.

4.

Mr. Haywood (of Mr. L. D'Al. mada's office) appeared for the plaintiff, and Mr. Dixon, of Messrs. Wilkinson and Grist, appeared for the defendant.

STOWAWAY CASE.

pany, for presentation to share

in Figures. holders at the twelfth ordinary yearly meeting, to be held at the

The report of the Hongkong office of the Company, at noon on Marine Court this morning, with Horticultural Society for the year morning, before Mr. Justice Haze morning, when a Chinese was Friday, April, 30, states:-

unlawfully throwing rubbish, ended March 31, 1915, states that The General Manager and Con- into the harbour, without the writ the annual flower and vegetable salting Committee beg to prosentten permission of the Harbour show was held in the Botanic Gar to the shareholders the twelfth Master on

14th ingt, dens on March 4 and 5. The entries ordinary yearly report of the Defendant was fined $10. showed a slight falling off from Company.

F. Callum, the master of the s.a. last year in spite of an increase in | Talthybius, was charged by P. C. the number of exhibitors. In the Thomas Matthews with unlaw table decoration class there were fully moving his vessel in the 12 entries. Unfortunately, three harbour from buoy to wharf at intending exhibitors were unable 6.40. a.m., on the 12th inst., to come, so that only nine tables without the written permission of were decorated. The falling off the examination officer. Defend in entries was mainly in the open. But we fined $10.

classes for pot plants and veget- ables, owing to bad weather.

The report contains a tabalar Sandaken Engine Works:- statement setting out the follow Value

as per last

ing, regarding the last nine "statement

70,988.17 show: ---

Eatriea. 1907, 651; 1998, 422, 6,000.00 1909, 485; 1910, 524, 1911, 595;

1912, 450; 1013, 564; 1914, 512;ust 28, the work was completed fendant. 64,986.17 1915, 449.

and on August 29, when defend- -12,008.67

Exhibitors,-1937, 55; 1908, aut was asked for the fees, he 43; 1009, 49, LOTO, 46; 1911, 41; complained about one of his teeth 76,994.84 1012, 36; 1913, 50; 1914, 41; 1916,

4,000.00

Leaving available

for appropriation $108,653.70

TB-

The Consulting

Committee commend that a dividend of 85 cente per share. on the Subscrib- ed Capital to paid to share- write off Launches

.holders...

and Lighters Writeof Hongkong

Saw Mille Write of Sandakan

'Saw Mills Write off Plant als Write off 8indatan

Engine Works... Write off Timber

Concessiona Transfer to Laun

obes and Lighters Insurance Fund. Carry forward

$39,100.00

IR

Less amouat provided

for depreciation

Since added

10,000.00

5,000,00

Plant A/0.:- Value 08

atatement

7,500.00

4,000.00

Sincs added

7,000.00

per last

Less amount provided

for depreciation

1,000.00 House and Land Pro- perty: Value as per last state-

$108,053.70 Valued at

#

1

47.

J

:

Classes. 1907, 134; 1908, 26,005.01 102; 1909, 95, 1210, 93; 1911, 103; 1912, 103; 1913, 114; 1914, 4,000.00 111, 1915, 111.

6,184,53

15,000,00 20,053.70

ment

ALA

House

and Olioa Faraiture:-

3,519.89

10,979.76

Timber Concessions:-

... fuem

"

- י

CONTEMPORARY OPINION.

GERMAN VISIONS..

(THE GLOBE.")

The following leading article is from the Globs of March 12

not being quite right. Immed- ALLEGED WATCH THEFT, saionanese, because it is only in

iately plaintiff offered to put it right for him, but defendant said he did not want to go to any more expense until he had paid what he owed, and he gave an 1.0.U.for the amount, which ratified the con- trao. He would call Dr. Nomoto.

Accused "Let Down" by His

Wife.

A Charge Which Failed,"

A story not without elementa of humour was told by Inspector Kerr, at the Police Court, this

There is something which wo charged with stowing away on

can admire in the sublime confi- denco in the issue of the war ex- board the s.. Anhui,

The Inspector said that the pressed by the German Finance defondant bad apparently paid a Minister when laying his Budget man $4.50 in Shangbai for his before the Reichstag. Perhaps passage to Hongkong and had there never was a nation with been taken on board the Anhui such an amazing power as the fare. The defendant had been wishes to be true, and we have and left there; $5 was the correst German of believing what it before the Secretary for Chinese not the slightest expectation that Affairs, who believed his story, the average German will ever be Mr. Haywood said the claim while the Tang Wah Hospital, convinced that bis Government was a simple one, $198.50 for who said the defendant had rela- planned this war or will believa professional services rendered. The tives in Canton, were willing to that his country is beaten until defendant called on the plaintiff pay his fine if one were imposed the troops of the Allies are cook- on August 28, 1914, and had some The defendant's own story was ing their soup in the Unter den very extensive things done to his that he was going in search of a Linden. Be that as it may, we teeth, involving the expenditure maternal uncle, bogging on his can very well allow the logic of of the eam claimed. It was to way.

faots to bring the trath home. Mr. Wood discharged the de- not only to the German but to be a cash transaction. On Aug-

the sceptical neutral, but it is worth while to deal with the latest manifestation of the German con

the distant fature that it will be refuted by the event. Too ner theory is that England and Ras- aia intend to divide Europ between them, and that this, and A Chinese was charged yester. this alone, can account for their Prizes won.-1907, 150; 1908,

day, before Mr. J. R. Wood, with co-operation. That they may be 22,005.01

149; 1909, 167; 1910, 152; 1911,

the theit of a silver watch. He actasted by some elementary con- 5,962.0 178; 1012, 175, 1913, 192; 1914,

denied the theft and said he had ception of justies, and that for Mr. Dixon said the defence was possessed the timepiece for two their own sakee as well as for 186; 1915, 163. 27,987.97

Number of exhibitors winning that the work was done so badly years. His wife, however, in the that of the smaller nationalition prizea-1907, 34; 1908, 20;

that the teeth were quite unfit for witness box, let him down" they may not care to see Germany 1909, 37; 1010, 40; 1911, 34;nse, were loose in the mouth, were badly by saying he had only lording it over the Continent, is 1912, 32; 1913, 34; 1914, 81; insanitary, and were of no possi had the watch about a is an idea too subtle for the 1915, 33.

ble use to himself or anyone eles. fortnight. The defendant, feel- German mind to grasp. Highest number of prizes won

His Lordabip:You are going ing it up to him to explain Now, when a German has got by une

exhibitor,-1907, 31;to prove that?

that his wife did not know all his an idea into his head he develope 1908, 19: 1003, 25; 1910, 23; Mr. Dixon-Yes, Iam calling business, said that he had original-it with all the annihilating logic 1911, 38; 1912, 30, 1913, 34; an expert.

ly pawned the watch and had only of a child, and, being totally des 1914, 31; 1915, 29.

Plaintiff said that the defend recently redeemed it.

titute of any sense of homur, he in The thanks of the Society are sat "asked for the work to be

The oase was adjourned until never, to use the language of the due to the following who kindly done in a day it was done in to-day, when the pawn broker logician, led by the obticas gave prizes or contributed to the two days, and ordinarily the work failed to recognise the prisoner or absurdity of his conclusion to Prize Fand:-H. E. Sir. Henry would have taken a week. Had to find the entry relating to the suspect the truth of his major May, . E. Major General F. H. he been given an opportunity to alleged transaction in the book premiss. Having decided that Kelly, Sir Paul Obster, O.M.G., have put the teeth right he would he had produced. The case was England and Russia must have Messrs. Chos Pe Sien, L. Gibbs, have done so. The defendant again remanded to allow the pawn allied themselves in order to dom- P. W. Goldring, Ho Fook, Mr. & always evaded payment. He tioketa to be produced.

inate Europe, he sees his own country sa the champion of the Mra. Ho Tang, Mr. Ho Kom Tong, was given the I. O. U. on Hong-

smaller nationalities and the only Hon. Mr. D. Laadale, Mesars. H. kong Hotel notepaper. Ths. WLooker, Lau Cha Fak, Leung conversation they had about the

bolwark of freedom against the enoroachments of two terrrible. Yan Po, L. N. Leefe, W. L. matter was in the Hongkong

deepotisme. In comparison with Fattenden, N. J. Stabb, U. D. Hotel ber. Wilkinson, Wong Kam Fook. $700,712.76 The statement of accounts not instruct the bailiff?

His Lordship: Why did you

his syllogism the martyrdom of Working Account.

Belgiam is simply non-existent; To Management &

shows that last year's credit bal-

because if it were true his syllo Mr. Haywood:-Defendant was ance of $1,477.02 has been intos elusive, my Office Expenses - in

Lord.

giem would be falee, and thatis hot Hongkong, Borneo

orenaed to $1,858.26. It must; Plaintiff said, in answer to comedy, When Knights Were to be thought of. Germany is to and London ...

71,310.81 however, be pointed out that Mr. Dixon, that it would not be Bold," at the Theatre Hoyal Lass save Europe, and all the concep- Auditor's Fee 200.00 accounts to the amount of about painful to eat with loose teeth.

tions of nationality, light, and night, anuais wat gratifyingly Balanoa ... 112,653.70 $300,00 have still to be paid and

which in calture which the name connotes, Dr. Kew said the defendant large audience, on the other hand that subscrip- called him on April 3 and the cluued His Excellency the and it is very fortunate that the $184,164 51tions amounting to $125.00 have model of his mouth, produced, Governor, Lady May and the German arm is equal to the task. still to come in. The net result was made. It was, he contended, Muses May, thoroughly enjoyed Now, the reader may very well is that from a financial point of impossible to eat with the teeth, the fore provided. It was a ouse suppose that we are indaiging in view the position of the Society because of the bridges formed and of one long, uninterrupted laugh, vain badinage. We assurə him that may be considered quite satis the setting. There were in which everybody joined. The we are doing nothing of the kind. factory.

other detects which were not in story in Well-know how the All that we have set for that accordance with scientific den devil-may-care Sir Guy de Vere, a summary, drawn as fairly es is tistry. The whole setting of the who has far less regard for his oar power of a long semi- official message to the Cologna teeth was such that they would noble ancestors than the fair lady have caused defendant great pain, members of the household, dreams

Gasetto, which represents, if not and as teath they were absolutely that he is living among his for the belief of the Germs 'authori" 4K useless. Defendant would have bears, and how us comports him- ties, at any rate what hey wish. and expect their own people to great difficulty in eating a meal much to the dismay of the latter..

believe. with the teeth.

A is essentially a one-man play, What the and the leading role was in the By Mr. Haywood plaintiff had done in two days capable hands of Mr. Charles would have taken him two months Howitt, who carried the story to do and his obarge would have through in a manner which could Standard Test, King's Park been $500.

not possibly have been battered. Range, as per Corpe Order No. 3 Then you cannot expect for He was simply immense The part of 12. 4.15, 5.15 p. Sign $108 what you would expect for of Lady Rowina was taken by Mialling Section, Masketry Instruc $500 ?-Not for that class of Gertrude Gouart, who followed tion on Kennedy Road Range. work-it was cheap for the work up her previona successes in a way

Service rifles to be carried, 5.15 p.m. No. 1 Section. Artillery Battery and Left Bection M. G. Co. 10 pdr drill with mules at Headquarters. Homsinter, ail

In accordance with the Articles Value as per last etatc.. of Asscoiation, Sir Paul Chater, O.M.G., retires from the Consult for re-election. ing Committee, but offers himself

Auditor:-The accounts ander review have been audited by Mr. C. B. Brown, who offers himself for re-election.

W. G. DARBY..

General Manager. Hoozkong, 12th April, 1915.

Balance Sheet at December 31st, 1914.

·LIABILITIES. Authorised Capital :- 60,000 Sbarea

each $12- $720,000.00...

leaned 46,000Shares

each $1200...$ 552,000,00 Sundry Creditore... 63,059,09 Launches and Lightera Insor- ance Fund Balance of Work- ing Account....

Assets.

$752,712.79

longkong-Saw Mills:-

Value as per last

Lese amount provided

for depreciation

1

Stooks of Timber and

·

Material in Borneo, Hongkong & Wait- ed Kingdom

Sundry Debtors Cash in band, Hong, kong, Borneo and London.

f:

...

A

**1

25,000.00 112,653.70 By Balance of Work- ing hoconut brought forward

Praft on Sale of Rough and Sawo Timber, etc.... Script Fees... Interest

statement...... $89,800.00 Lese amount praš vided for "do" preciation...... 5,000,00

Sandakan San-Mills:- Value as per last statement...... ..Loss amount provided for depreciation...

$84,800.004) O. P. CHATER.

98,312.14

1,000,00

9,970,76

200,5 8.89 102,430.03

42,069.40

444.07

Almonds as Counters la Fantan

Case,

183,190.03

19.00 LADY GAMBLERS: 611.41

$184,184.51 THE CHINA-BORNEO CO., LTD. c) J, W. B. BONNAR.

A ladie's gambling party was Members of Consulting Committee. disclosed as the result of a raid

(Signed) W. O. DARBY.

by the Police at 22, Peel Street. General Manager.

One woman was charged with I report that I have audited the keeping in gaming house and above Balance Sheet with the thirteen others and one man were 7,600.00 books, vouchers and securities of charged with gambling. The the Company and have examined game they were alleged to have Steam Launches and Lighters: London Offices which have been

800,812.14 the retorns from the Borneo and been playing was fantan, Value 46 per last Mr. Alabaster said she was

Six defendants failed to appear statement served with notice of bankruptcy Less amount provided

122,461.58 all the information and explana-estreated. but she was not a party to those

tions I have required. The value Evidence was given to the Also you could not very well proceedings.

... for depreciation... 10,000.00 of the fixed assets and various effect that almonds were used as bave expected is done in three

Mr. Potter:-She was served with notice,

His Lordship observed that whenever a matter was taken out Since added

of Chambera into jurt it alwaya

took longer to deal

when in Chambera.

with than

Mr. Potter said that it was at the request of the other side that the sum mɔns was taken out..

Mr. Alabaster denied this,

Mr. Polfer claimed that tho application should be granted.

The case was proceeding as we went to press.

Lega:

"

Salo of Lightr

Memnon $9,117.65

Amount recovered

from underwriters

128,372.81

الله

THEATRE ROYAL.

When Knights Were Bold.”

The Howitt-Phillips Company staged the ever-popular tercial

audited locally. I have obtained and their bail, $25 each, which was done, which showed her to be an actress Corp. Grimes, R.E. will attend.

stocks are certified for by the counters and the top of a cigarette days? Yes, in a way 118,401 58 General Manager. In my opinion tin se cover. The first defendant, Mr. Dixon said his client would 15,911-23 such balance sheet is properly who was also charged with keep have appeared in Court but for drawn up so as to exhibit a true ing, was the person who did the being called away by the Ad- and correct view of the state of counting. Altogether $183 were miralty, pro MEEA the Company's affairs at the 31st found on the table.

Mr Haywood asid that the December, 1814, according to the Two of the defendanta, amaha

LOU, ratified the contract. best of my information and the who went to the place with their His Lordship, in giving judg explanations given me, and as mistresses, were discharged. The mont for the defendant with Company (Signed) 0. BERNARD BROWN AQA, mon gaming

Auditor, $160 and the rest $10 each. 107,425,37 Hongkong, 12th April, 1815.

of /l. Nomanhurst 20,947.44 by the books of the women and

$11,829.79

www.poste, Baid that the defendant; man were ing a come went to the plaintiff to receive and fired the benefit of plaintiff skill, but

he received no benefiti

of marked capabilities. The other characters were also splendidly portrayed.

To-night the Company will pro- duce the famous oracksman drama,

Raffles.

Detail-On daty st Volun teer Headquartes until T a.m. on 17th inet VR To furnish Guard at Volunteer Headquarters 78.0 to 7 m. 17th inst., Civil Service Company:

VOLUNTEER ORDERS.

m. 17th to 7am. 18th fast Corps Orders jeaned to-day by No. 1 and 2 Sectiona Artillery Lieat Col. A. Chapman, V. D., Ballery: 7 s.m. id / p.m. 13th utaso

inst Right Section MG. O Parades Parades for Friday, 7 p.m. 18th to 7 am. 19th inst 19thinstant:4pm-Munketry, Centre Section M.G. Co.