296
might very fairly be merciful on the damages.eelselt. Sharp-Certainly, my lord.
Lordship added that with regard to the efendant he might mention that the expenses the assessment of damages would naturally fall on him and therefore he thought it would be advisable on his part to agree to the payment of such small sum and save further expense in the matter.
The Court adjourned.
Saturday, 18th April.
IN CRIMINAL JURISDICTION.
BEYORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
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Was
SIA BERIOUS OFFENCE. Lai Sun, a young-looking Chinese, convicted, of having committed a criminal assault upon a little girl st 25, Gough Street. The jury was as follows:-Messrs. C. Schulter, J. §. Bowman, G. 8. Ford, J. Gloyn, C. Skott, J. Beggaridge and T. Christian.
Sir Henry 8. Berkeley, Attorney-General, condnoted the prosecution, instructed by Mr. F. B. L. Bowley, Crown Solicitor,
His Lordship passed sentence of two years' imprisonment with hard labour.
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The father and mother of the child, by name
Ho Hoi Man and Tsang Tai, were convicted of complicity in the offence and were each sentenced to two years' imprisonment with
hard labour.
The Chief Justice commended Inspector Hudson for the manner he had worked in the
Wednesday, 224d April.
IN SUMMARY JURISDICTION:
BEFORE HIS HONOUR A. G. WISE (PUIERE JUDGE).
UNCLAIMED GABLIC.
THE HONGKONG WEEKLY PRESS AND
Thursday, 23rd April.
The case was again called in which Leung Kam sued the Man Li Yuen firm, 6, Chiu Lung Street, for $111, being rent at the rate of $3 a day for one month and seven days for the use and occupation of premises at 6, Lee Yuen Street East.
Mr. E. J. Grist, of Messrs. Wilkinson & Grist, solicitors, appeared for the plaintiff. There was no appearance on behalf of the defendants.
His Lordship-I do not think this is the first case against the Man Li Yuen.
Mr. Grist-No, my Lord. I think they have bolted.
The plaintiff's rent-collector, examined, de- posed that the defendants were tenants of 6. Lee Ynen Street East They gave notice they were going to leave the premises and did leave, but left the place full of goods.
At this stage Mr. John Hays of Messrs. Johnson, Stokes & Master solicitors, who had appeared for the plaintiff last Friday, came into Court and, addressing his Lordship, said that he had had no further instructions in the matter but was told in the office that the case had been settled,
His Lordship Of course I do not know any. thing of that.
"Mr. Grist÷¬Yes the case has been settled, but the money has not been paid.
On the evidence being resumed, witness deposed further that they had let the premises to another party, who however refused to take session until the defendant's goods were turned out. The goods were still there.
MF Grist remarked that there had been no left open to them but to sue for this amount, as they could not throw the goods on to
ότι
IN BANKRUPTCY.
BEFORE HIS HONOUR SIR HENKY S. BERKELEY (ACTING CHIEF JUST CE),
A COMPOSITION,
Mr. E. J. Grist, of Messrs. Wilkinson & Grist, solicitors, appeared in support of an application by O. M. Madar for approval of a composition scheme. This was an application, he said, on behalf of the Official Receiver and of the debtor for approval of a composition passed and confirmed at a special meeting of the creditors, to be sanctioned by the Court. The debtor proposed to pay $40 a month to the Official Receiver, which would allow of a composition of about 50 per cent.
reet. His Lordship-It is very strange thing this Colony goods should be knocking without apparent owners. I should have there would have been half-a-dozën
laimants.
Mr. Grist The goods are garlic, I understand. His Lordship Uudgment with costs. The Court adjourned.
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His Lordship approved the composition.
AN IRREGULARITY.
Ng Sheung and Ng Kam Tong, trading as the Shing Kee firm, made an application for adjudication in bankruptcy.
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Mr. Grist, who appeared in support of the application, said it was made under Section 19 of Ordinance No. 20 of 1991.
His Lordship-It is a debtors' petition, and now you apply for adjudication ?
Mr. Grist said it was an application in the nsual form, and that the Official Receiver be appointed trustee in the bankruptcy. There was an affidavit filed by Mr. d'Almada, the solicitor in the case, for whom be appeared, in which it was stated that on 13th March the creditors resolved to adjudicate the debtors bankrupt and to nominate the Official Receiver
trustee.
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His Lordship-A public examination has not
been held in this matter?
Mr. Grist-No.
His Lordship remarked that he thought a public examination ought to be held before the application was made. He understood that had not always been the case, and there were cases in which the Court might make an order for adjudication without a public examination; but it would be seen at once that there ought to be a public examination before adjudication. After the debtor had filed his statement of affairs he should be publicly examined in open Court in order to test the statement of affairs. It did not follow necessarily that a man who was bankrupt on the face of his statement of affairs was shown to be bankrupt after being publicly examined.
Mr. Grist-That is perfectly true, but I te- lieve that it is only very recently in practice here that this has ever come before the Court the question, I mean, as to the time in which a man should be adjudicated bankrupt,
His Lordship-I will tell you the time when he app ars to the Court to be bankrupt.
[April 25, 1903.
The Officeial Receiver It has beem impós- sible to hold it before. There has not been any statement of affairs filed.ANG
His Lordship-It is quite impossible for me to hold a publis examination and declare a man- bankrupt before he has lodged a statement of affairs. After red-ng the section of the Ordinance quoted by Mr. Grist, his Lordship- continued--The whole Ordinance contemplates that adjudication shall be made after the oon- clusion of the examination of the debtor.
Mr. Grist-With the greatest deference, I do not read it so myself. The property cannot in any way be realised.
His Lordship-The moment the receiving order is given the Official Receiver and the creditors should be diligent in seeing that the property is got in, should hold a meeting of creditors at the earliest possible: moment, a statement of affairs should be called for and. with the assistance if necessary of the Official Receiver, should be made up and filed as soon as possible; and as soon as possible the eafter. a public examination should take place. I must have a statement of affairs before I can adjudi- cate a man bankrupt. There being no statement of affa rs and no public examination having been held, I cannot grant this applica- tion for adjudication Adjourned.
The Official Receiver-I do not know that
anything can be done in this case,
His Lordship-Kindly make a report to that effect, Mr. Shepherd. I make this note: "There being no statement of affairs and no public examination having yet taken place, I hold that I cannot make an order for adjudica tion in the estate. Adjourned sine die." I would suggest for the future that before making an application to me for adjudication in bank- ruptoy you will see that there is a statement of affairs and that a public exemination has been held.
The Official Receiver-That would do, your Lordship, in the case of a debtor's petition; but in the case of a creditor's petition that would be another matter.
His Lordship-I require them both.
Mr. Grist-Supposing that there is a creditor's petition, the usual grounds of a creditor's pali- tion are no doubt that the debtor has absconded.
His Lordship-The usual ground is that he owes so much money and does not pay it.
Mr. Grist-But it is quite possible that there cannot be a statement of affairs, and there should be a public examination.
His Lordship-There cannot be a public examination if he has absconded.
Mr. Grist--Nor à statement of affairs. His Lordship-But it is not the case here. However we need not discuss that. There may be exceptional circumstances in which adjudica- tion should be made, but that is not the case here. Next case.
AN ABSCONDING DEBTOR.
In re the Wong On firm ex parte the debtors, Mr. G. K. Hall Brutton, of Messrs. Mounsey & Brutton, solicitors, appeared in support of an application for adjudication in bankruptcy.
Mr. Grist-Yes, my Lord; but the in. convenience of waiting until after the statement of affairs has been lodged and until after the examination has been held is very great for many reasons, particularly in Hongkong. The Official Receiver can simply take possession of the property and can do nothing further. Be Mr. Brulton said the circumstances were cannot attempt in any way to get in the estate. very much the same as had been stated in the He cannot sell anything or do anything whatso-last case, but he was in hopes that his Lordship and until the estate is placed in the would hold that here the circumstances were possession of a trustes it is almost impossible exceptional. The debtor had absconded. He for the statement of affairs to be verified in any had tried his utmost to get hold of him but it way or for the Official Receiver to conduct a was absolutely impossible to do so. public examination.
ever;
His Lordship-There are powers in the Ordinance by which the trustee may bɔ per- mitted to appear on the public examination, "but prima facie the duty of conducting the public examination is, on the Official Receiver qua Off ial Receiver.
Mr. Grist-Perfectly true, but the difficulty is very great of getting a statement of affairs in Hongkong. The Official Receiver takes possession of the property of the debtor.
His Lordship-But I cannot make any man bankrupt until I am satisfied he is bankrupt, and I cannot be satisfied of that until he is publicly examined, unless, as I said, under special circumstances.
Addressing Mr. Bruce Shepherd, the Official Receiver,
His Lordship asked-When can you hold a public examination, Mr. Shepherd, and why have you not held it before?
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His Lordship-You mean the man who is the debtor has absconded ?
Mr. Bratton-He has gone away. His Lordship-Then I dismiss the petition. Mr. Bratton pointed out that such - a proceeding would be hard on the creditors. If the petition was granted th y had a chance of getting something; if it was dismissed they would get nothing. In this case even although his Lordship did not order the bankrupt to be adjudicated, he would ask that the Official Receiver be appointed trustee. The Receiver was now in possession of the property; it was there in his hands and yet he could do nothing with it. The lankrupt not hero and there could be no publio examin tion. He would ask thereforo that- i his Lordship make an order for the sale of the property for the benefit of the creditors, or let this case be an exception and adjudicate the debtor bankrupt..
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