着装
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June 9, 1897.J
was not without warrant, although the instances adduced in support of it were ill-chosen. As the Kobe Chronicle says, “when one looks at the antagonism exhibited in the vernacular press and the discri- mination shown by the Government with "its bounty systems, and its attempt in the new Tariff to render living in Japan more "difficult for foreigners, the statement does not appear to be utterly devoid of founda- “tion."
The Japan Gazette comments on the point as follows:-"That there is in "Japan a very strong anti-foreign spirit is proved not only by the attacks on Li "HUNG-CHANG and the CZAREWITCH, which "must be regarded as isolated instances, but even by more recent occurrences such as "the bounty to be given to Japanese silk importers to crush the resident foreigner, and a statement in one of the Japanese prints, having a wide circulation, to the "effect that the people are crying, craving, "and praying, for the foreigner to stay away. "In a nation which thirty years or so ago was desirous of closing itself like an oyster, "the survival of such a spirit is inevitable. "But it is not dominant in the governing "class which has assisted in working Japan's wonderful transformation, and even that "which exists must year by year become less accentuated as Japan in her commercial undertakings is drawn into close and more intimate relations with foreign countries." Neither of our contemporaries refers to the continued insults offered to foreigners and the assaults perpetrated upon them in Japan, although almost every batch of papers received contains instances. These insults and assaults are no doubt the work of row- dies and are reprobated by all respectable persons in Japan, but they must neverthe less be taken as the outward expression of a very unpleasant strain of feeling running through the nation. The attacks upon the CZAREWITCH and LI HUNG-CHANG were no doubt selected by the Committee of the Haiphong Chamber on account of their more dramatic effect, but it would probably not be unfair to assume that the Committee gathered their impression of the strength of the anti-foreign feeling of which they make mention from the long record of petty assaults and insults that have come to their knowledge rather than from the two isolated instances they give of graver attacks upon notabilities.
(
THE LIGHT AND PASS LAW.
(5th June.)
CHINA OVERLAND TRADE REPORT. the alteration of the section referring to passes, except, that, whereas under the law as it formerly existed the holders of annual or special passes were exempted, there will, when the annual or special passes already issued expire, be no exemptions, for no more passes are to be issued and conse- quently there will be no holders of annual or special passes. It was not, we believe, the intention of the Government to impose any new obligation upon the class to which annual and special passes have hitherto been issued, and some further action in the matter therefore seems called for. Further, as the Chinese in general seem to be labouring under an honest misapprehension as to their having been freed from the obligation to carry lights, we would suggest that a pro- clamation should be issued for their enlight- eument, pending which the police should be instructed not to make arrests under the section unless under circumstances of exceptional suspicion. For our own part we think the order requiring lights to be carried might safely be repealed in toto, and if this were done as a concession to the Chi- nese on the occasion of the Diamond Jubilee it would afford extreme pleasure to the native community, in fact it would not be easy to find any form of Jubilee memorial that would afford the Chinese more genuine satisfaction than the repeal of a law which they regard as so obnoxious. [Since the above appeared the Order in Council referred to has been abrogated and lights are not now required to be carried.]
SUPREME COURT.
3rd June.
IN BANKRUPTCY
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE.)
PUBLIC EXAMINATION OF DEBTORS, E. E. da Silva came up for his public.ex- amination.
The Official Receiver (Mr. Bruce Shepherd) Mr. Robinson conducted the examination. (instructed by Mr. Dennys) appeared for Indian creditors and Mr. H. W. Looker also re- presented creditors.
The debtor was called and, in answer to Mr. Bruce Shepherd, said he was a clerk in the China Sugar Refinery, Limited, East Point. He had held the position for twelve
years. His
449
money at such exorbitant rates of interest, that he would be landed in the Bankruptcy Court. Captain O'Keefe was the first to sue and others followed, and so he had to go into the to $2,643.5, and nearly the whole of that re- Bankruptcy Court. His liabilities amounted presented borrowed money. He had consented to pay $50 a month until he had paid off 50 per cent. of his liabililies, and most of the creditors had agreed to that proposal,
By Mr. Robinson-Witness lived in Shelley Street and paid $35 a month rent. He did not did not think he could get a cheaper house. He think that was an extravagant sum to pay as he paid his 'ricksha coolie $5 a month. He ex- pected the Court to believe that the debts were incurred solely owing to the illness of members of his family. The first debt amounted to $300 and it had now grown to $2,600 as he had never been able to overtake the original debt, although he did his best to do so. In those days O'Keefe sued him for the full amount and he was paying $45 a month for rent. Captain interest. Captain O'Keefe received one sum as interest. Witness had no receipts and nothing to show that he had paid off any one debt with borrowed money. He had latterly paid 880 a month to pay off interest. He did not consider he was swindling or robbing the Indians when he borrowed money from them in 1896. such a term as "robbing" unless he could show His Lordship told Mr. Robinson not to use fraud or false pretence.
Mr. Robinson said that when the debtor borrowed money he must have known that he could not repay it.
His Lordship said professional money lenders were quite capable of taking care of themselves. In answer to further questions witness said he the benefit of his creditors. It was not correct was quite willing for his life to be insured for that he received $104 from Cabal Singh.
In answer to his Lordship the debtor said he married his second wife two years ago because there was no one to look after the children, The marriage cost a little over $100.
The Official Receiver applied for the examina- tion to be closed.
His Lordship granted the application. Luiz de I.. Barretto was next called for ex- amination by the Official Receiver.
Mr. Robinson appeared for Indian creditors. The debtor said he was a writer in the Naval Yard and had held the position nearly twenty years. His salary was $120 a month less in- come tax. His debts amounted to $4,544.88, in- notes. The great bulk of this money was bor cluding about $1,500 secured on joint promissory
rowed from money-lenders since 1892. Some were paid off by money borrowed from
money-lenders.- The debts were neurred or account of the illness of his wife and daughter. Cabar Singh at the rate of 180 per cent. per
He borrowed money from . month. Witness was so pressed that he had to and so he had to go into the Bankruptcy Court. pay this high rate. Cabar Singh sued him He had paid sums each week to a creditor who the case from week to week. The compradore had sued him, for the purpose of postponing to the Naval Yard, who paid witness his salary, had lent him money at the rate of 180 per cent. salary. In this way from 820 to $30 a month per annum and deducted the interest from his had been deducted. The Naval authorities did belonged to the Asiatic Artillery. not know of this system. Nine of the creditors He pro- posed to pay his creditors $40 a month until 50 take four years to do that. In 1889 he was in per cent, of the debts had been paid; it would difficulties and be executed a trust deed, but all those creditors had been paid.
salary was $150 a month and he had received that sum since 1884. He had no property There appears to be an impression amongst children. He first got into difficulties in the beyond his salary. He had a wife and five the Chinese that the recent repeal of the latter part of 1891, when his first wife became law requiring them to have passes when ill and afterwards died; thus he incurred debts out at night also exempts them from carry- and borrowed money to pay them off. His ing lights. This is a mistake. Section 30 wife was ill for about seven months. He of Ordinance 13 of 1888 required Chinese borrowed further sums to pay off the first to have passes at night during such hours loans and interest. Captain O'Keefe lent as might be fixed by the Governor in
him $300, the security being a joint pro- Council. That section has been repealed
missory note, which witness and a Mr. and another substituted for it rendering Witness received $140 and Mr. Herd received
This was Herd signed.
a friendly loan." night passes necessary only when required $160. Mr. Herd had not repaid the $160 by Order in Council. In the absence of he left the colony about six months ago such order passes are not required. But and it was thought he was in Shanghai. this section does not deal with the require interest paid to Captain O'Keefe was 8 per cent. In 1893 and 1896 witness borrowed ment to carry lights, which is dealt with per annum. by section 31 of Ordinance 13 of 1888. That some money from A Hing. an iron broker, at section authorises the Governor in Council the rate of a little less than 50 per cent. per
Wiluess said he had been in the Naval annum. He also borrowed about $350 from a by order to direct that Chinese who professional money lender named Mahomed, and share broker on his own account. His Yard twelve years. Before that he was a stock are abroad at
night shall during the signing a security for $700 and receiving half salary was now $90. When he was a broker hours specified in the order carry lights. the amount. The lender charged 120 per cent. he made $300 or $400 a month, but the market An order made by the Governor in per anhum. Whenever witness borrowed went down and be lost all his money and got Council on the 20th January, 1896, money he paid over previous loans.
He also into debt. Whit he went to the Naval Yard requires that lights shall be carried between signed security for $180 and received $100) from he owed from $1,700 to $1,800. He bought
shares as an investment. not as a the hours of midnight and sunrise. That had also borrowed $800 from another Indian and he borrowed money upon the Peculation, sent diffi culty was caused by the death of his H pre father, whose debts due to a money loan
order, not having been revoked, still remains in operation and is unaffected by
Cabal Singh, a professional money lender.
The
He
at the rate of from 86 to 92 per cent. per annum. He did not think when he borrowed
The examination was closed.
C. A. Souza was the next debtor examined. He also is a writer in the Naval Yard, being in the same office as Barretto, the last named debtor.
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