January 25, 1904.
His Lordship-I think I shall have to adjourn the case for this service. I think I shall have to explain what the law is upon this subject as there seems to have been some misapprehension upon it. You can serve the Administrator between this time and the next sitting if I adjourn this case for a week. You are content with that I think, Mr. tiegistrar? You are the Official Administrator
14
The Registrar (r. A. Seth)-Yes, my Lord. His Lordship-In regard to these cages, I propose to have a settled practice Of course where a person dies leaving an estate which is not sufficient to pay his debts it is good policy to have some provision that his oreditors should receive payment pro rata from liis estate. For that purpose, in England, Section 125 of the Bankruptcy Act of 1883 was passed to regulate the procedure, We adopt that law in our local Ordinance, No. 20 of 1891, Section 81. which is for the most part reproduction in somewhat abbreviated form of the Euglish Act. Section 81 bas various sub-sections. The first says that the creditor be insufficient for the payment of the debis of the deceased debtor whose estate is shown to owing by the deceased person may present a petition to the Court praying for the administration of the estate of the deceased person according to the Bankruptcy law, and the Court, if satisfied that the estate is insufficient for the payment of the debts of the deceased person, shall make an order accordingly; and the form of the order is given In order that the Court may know, or have good reason for being
satisfied that the estate is insufficient for the
payment of debts it is clear that there ought to be someb dy who has examined into the matter-having a right to examine into the matter who can give the Court that informs tion. Now if a person dies an does "ot leave a will, the ordinary person to examine into his affairs woult be his legal personal representative; that is to say. tu, person who has taken out letters of administra- tion. No doubt his widow,
in this case, would be entitled to take out letters of administration. If the widow having taken ont letters of administration examines into his affairs and satisfies the Court that the estate could not pay its debts, then the Court has something to go upon. This makes quite clear the meaning of Sub-section 2. Sub-section 2 provides that the legal personal, representative may be in the position to say, for instrue, "I think the estatu is solvent; I do not want it wound up in that way," by requiring that a petition of this kind should not be made ehind the back of the personal representative; that is to say, notice is required to be given. In other words Sub-section 2 states as follows :---" The application for administration aceo.ding to the Bankruptcy law shall when made in respect of the estate of a deceas d person be served upon the personal representative of such deceased person or if there be none in the Colony, upon
the Official Adminis- trator of intestate of that is that if there is no person who has taken out administration then the property resta in the Official Administrator and he wil be the person to certify the Court as to whether the estate is solvent or insolvent. Iu that respect our law differs from the English law, There is uo provision, so far as I can recollect, in the English aw. about the service on the Official Administrator, and the service there to be apon the legal personal repre- sentative. Now, in this case, Mr. Holmes has served this petition upon the widow and she would be entitled, if she as ed and if she found security, to take out letters of administra- tion. But she has not done that and therefore at the present time there is no legal personal representative in the Colony. Under those circumstances the petition must be served on the Official Administrator of intestate estates. That has not been done. Therefore I will allow the hearing to be adjourned. There is one
case which I might call attention to, which is decision of the Court of Appeal in England. That is the case in re fleet ex parte Bloet. reported in the second volume, Queen's Bench Division. 1894. It says there that the petition if served before the letters of administration are granted is a good service if, before the bearing and the making of the order, the person upon whom the service has
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e-tates " The reason
CHINA OVERLAND TRADE REPORT.
69
been made has taken out administration. Therefore this service by Mr. Holmes on
The principal hockey events of the past week the were as follows:-On Monday the H.K.H.C. lost. widow would have heen a good service if she bad to the 110th Mahrat'as (0-1); on Tuesday the taken out administration between the date of 110th Mahrattas beat the 93rd Burmas (4-0); that service and the hearing in the Court on Wednesday the H.K.H.C. beat H.M.S. to-day. I understand from him that she Vengeance (1-0); yesterday the H.K.H.C. has not taken out administration, that best H.M.S. Leviathan (1-0). The Club's she does not feel herself to be 'iu a position to improvement is noteworthy. On Wednesday do so and is not likely to apply. Under these they won in spite of being one short. They circumstances. it is clear that service must be have discovered a really first-class goal-keeper on the Official Administrator of intestate in Woodman estates. 1 adjourn fur her hearing of this petition until that has been done.
The Court adjourned
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISE
(PUISNE JUDG8).
Tang Mau sued U Chat Chung and Fung Cheung for two sums of $33 and $74.75, being money disallowed by the arbiter, Mr. B. Brotherton Harker, in respect of work done on Beavis of Messrs. Wilkinson & Grist, solicitors, buildings on I land Lot No. 69. Mr. C. E. H. sppeared for the plaintiff, and Mr. C. Ewens. of Messrs. Ewens & Harston, for the defendant. After bearing evidence, his Lordship dis- allowed the sums above-mentioned,
SPORTING NOTES,
(Daily Press, 16th January) Saturday, the Cricket Ground should to-day After an interlude of League cricket last have been the scene of the return match betw en the HK.CC. and The Garrison. The latter, however, Lave found themselves unable to raise an eleven, and in consequence the opposition is to be furnished by a combined Army and Navy side. The Club has got a strong team together -Dot far off full strength in fact and as the Services seem to be a fairly powerful lot the match should be a good rehearsal for the return Club v. United Services game at China New Year. But, with war rumours so thick as they now are, it is not safe to count too much on matches where our naval and military afenders are concerned. Cricketers will certainly hope for a continuance of pezoe,
Tamar mating the H.K.CC. Reserves, the Three League matches take place to-day, the 1.A.M.C. the Craigengower C.C., and the Civil Service C.C. the Parsees the present holders of the "wooden spoon." The table stands thus at present:-
Played. Won. Lost. Drawn. Points.
A.0.0. Civil Service RE
10
9
0
27
7
5
1
1
16
77
4
3
0
12
Craigengower..
8
3
2
11
3 .0
6
1
5
H.M.3. Tamar. R.A.M.C. H.K.C.C. A" Parsees
S
4
to the last fortnightof the mouth, with the excep- The Association Shield matches are being left tio of the game played last Saturday between the Leviathan and the Glory. The Leviathan their victory in a splendidly played match; they men effected a surprise, but they well deserved
now.
3.
Training for the V.R.C. scratch 4-osred races, to be held on the 30th inst.. is going оп A V.K.C. smoker" will probably be held on the 13th of next month. It is hoped that the athletic sports will be held about the
st of April.
football on the 2nd inst., the visitors, with a Kebe entertained Yokohama at Rugby better forward lot, gaining a merited victory by 2 tries to nil. The names of the teams
Graham (three-quarters); J. E. Moss, Hayward may be of interest They aret-Yokohama.— Mitchell (back); Wheeler, Cartwright, Kilby, (halves); W. S. Moss, Stuart, Ward, Strome, Kingdon, W. J. White, Squires, H. B. White, (forwards). Kobe,Atkinson (back); Gilling- ham, Jeffrey P. L. Spence rane, (three- quarters); E. H. Moss, Lucas (halves); Murray, Souda nore, Kilpatrick, Spence, Cornes, Raukio, Stewart, Allcook (forwards),
perhaps are the Football Sild ties, especially (Daily Press, 23rd January.) The most interesting sporting events to-day
that between the H.K.F.C. and the Naval
Yard. In this engagement the Club has one of its regular backs missing and Danby is still little has been seen of the Naval Yard team as compelled to play in the half-back line. So
Jet that it would be unsafe to prophesy as to the result. The winners have to meet H.M.8... Ocean in the second round, and as the Ocean on Thursday beat the Leviathan, who last holders, out of the competition, the prospects Saturday knocked the Glory, the Shield-
are not encouraging I shall not expect to see the H.K.F.C. should win to-day. a civilian team in the semi-final, even though The Rovers should be outclassed in their tie with the form a Sherwood Foresters to-day. Their attempt to new football club in Hongkong is courageous, but can hardly moet with auch After to-day, provided neither match is drawn, the only outstanding match will be that between the be finished on or before next Saturday the R.E. and the Cressy. As the first round must
Engineer may perhaps have a walk-over, and will then meet the Sherwood Foresters or Rovers in the second round. Afte· the Ocean's defeat of the Leviathan in the Naval League game on Thursday, the victors will be strongly fancied for the Shield, unless the Foresters' regimental team turns out a really good one. Last year we had no chance of seeing what the now regiment could do.
success in its first season.
►
The match on the Cricket Ground betwen & Public Schools and Universities team and
of the 2: first-choices being from the Fleet in the rest of the Club should prove interesting. The Naval element is very strong, nine out
harbour доп. The Public Schools and Universities look likely winners from thair all-round strength. The match is timed to begin at 11.30 s.m. If it does, there should
will meet the R. A. in the second round. The Glories do not appear up to last year's form. Four more ties remain to be decid d in the first round, while teams have the privilege of a bye. Civilians are the Ocean, Albion, and R.A. interested chiefly, of course, in the doings of be a chance of a definite finish-which there the non-service teams, but it is rather hard to was not last Saturday. When the hours of form an opinion on their merits even
oricket are so limited, it is questionable whether The H.K. F.C. suffers from the lack of a
a little more interest for the spectators, st third half to take the place of Capt. Macdonald, least might not be infused into the game by who this year will play for the R.A. regimental occasional trial being given to a system team. Danby has been taken out of the which has been experimented with at home forward line to partner Bonnar and Gray, side bats for an hour or less in turn, the sum and occasionally in the East, whereby each thereby weakening the forwards, who are non, totals of the two teams in an equal amount of too strong on present form. The Club's opponents in the first round, the Naval Yard time being set against one another. F.C., have been lying very low of late. Their early appearances were not very encouraging, but they may have some:hing" up their sleeves.' The V.R.C. should beat the Tamar, but the Rovers cannot hope to survive the game against the Sherwood Foresters, in spite of their win over a so-called R.E. team on Saturday last.
League cricket continues to-day, the all-con- (who occupy a much less favourable position in quering A.O.C. meeting the H.K.C.C. Beserves
the table). Since their last match, the A.0.C. have lost two of their best men in Lillywhite and Bradford, homeward bound now on the Dilara,
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