April 23, 1904.]
CHINA OVERLAND TRADE REPORT.
Mr. Hastings contended that these people now asking for a release were in gaol on his Lordship's order made in connection with an Original action brought by his clients, who besides were the principal people interested in this application.
The managing partner of the petitioning creditors having been called by Mr. Hett, le deposed that the bank owed them $20,000. They had got no securities.
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got to be verified by affidavit showing particulars of all your debts, assets, and liabilities.
Debtor-All my books were brought into Court. His Lordship-Do you think you can leave. somebody else to do all the work for you while you run off into the country and amuse yourself?
Debtor--I did not know.
His Lordship-What do you think would happen in China supposing you could not pay money that you owe instead of in Hongkong?
Debtor - I do not understand the Chinese law very well.
His Lordship granted a receiving order and appointed Mr. Bruce Shepherd Official Receiver. He ruled that Mr. Hastings had no locus standi. His Lordship-They have got a way of mak
Mr. Looker then applied that his client being you understand, which is very personal in its released from gaol.
His Lordship remarked that this man was in gaol because he was unable to find security in an Original action, and the effect of the receiving order would be to stay that suit; if he were released now. then when the case came ou he probably would have disappeared. A motion would have to be filed in due form, and application could be made to him in Chambers. Sometimes it was necessary to keep these men in gaol, otherwise they could not be found when wanted. As the accounts were incomplete he would make an order declining to entertain the application as no motion was before the Court and no affidavits had been filed. He also wanted to know what security for his appearance the Official Receiver thought necessary.
or procure a bribe to be offered to a public ser. vant. The inspector was married, and had two little girls, one aged eight and the other four years. Mr. and Mrs. Watson and their children lived at Kennedytown beside the cattle depot. On 11th April, the day on which they alleged the bribe to have been sent, defen- dant had some cattle in the observation shed or quarantine; the inspector would tell them that defendant usually had some cattle in quarantine. While quarantine was necessary to the public health, in order to ensure that we had not diseased meat put on our tables, it was extremely irksome to the butcher to whom probably it caused direct pecuniary loss. It was to be regretted that the necessities of the case should ever be such as to cause pecuniary loss to anybody. but the health of the com- munity was a far more important considera- tion. It was essential above all things that public officers upon whom the duty devolved of seeing that quarantine was observed should not have bribes offered to them. The facts of the case were that about 8.45 a.m. on the day in question Mrs. Watson and the younger of her two little girls were in the garden waiting on Inspector Watson coming for breakfast. Prisouer entered the garden and asked if the inspector was in. Mr. Watson said No." Thereupou defendant sat down and talked to the little girl in Chinese. Shortly afterwards he went away after putting two 810 notes into her hand. The little girl gave them to her mother, who handed them over to her husband when he came home. The application child gave,the money to her mother, and that | Receiver for punishment for contempt was procuring a bribe unless defendant could | give them some reason to show that $20 was a reasonable present to the child. Inspector Watson, as soon as he got the money from his wife, and on understanding the circumstances under which it had been given. at once put it into the hands of Chief Detective Inspector Hanson. When defendant was asked about the matter by Inspector Han- son, he said he had given the money to the child to buy sweetmeats. It was rather unlikely that he would give a child $20 to buy sweetmeats
Evidence was led for the prosecution. Mr. Slade in addressing the jury for the defence said the prosecution suggested three things that the money was handed to the child for her father, was handed to the child for her mother to influence her that she might deal only with this man as compradore, and that the money was meant as a bribe. Why, he asked, should the Crown look upon this money in the light of a bribe? Why should it not have been meant for the mother or for the girl herself?
The jury, having been addressed by his Lord- ships, retired, and after a consultation of about 15 minutes, returned a verdict of guilty by a majority of 5 to 2.
His Lordship sentenced the prisoner to pay a fine of $500 or go to prison for six months.
The fine was paid.
The Court rose at 1.50 p.m.
Thursday, 21st April.
IN BANKRUPTCY.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
IMPRISONED DEBTORS. Mr. F. Pagett Hett, solicitor, of Mr. G. K. Hall Brutton's office. appeared in support of an application by the Po Tsung Chang firm for a receiving order on the estate of the Po Fung
Bank
Mr. H. W. Looker, of Messrs. Deacon, Looker and Deacon, solicitors, appeared for Kong Kin Nam, one of the two partners in the debtor firm, both of whom were in Court in custody of a warder from the prison,
Mr. J. Hastings, solicitor, appeared for the creditor who had taken proceedings and put these two men in gaol, and also for various other creditors who had taken proceedings.
Mr. Hett stated that he understood that if his application was granted, Mr. Looker would apply for a release of the debtors, but Mr. Hastings would oppose it.
Mr. Looker said he did apply for a release. Mr. Hastings opposed the application. Mr. Looker argued that Mr. Hastings had no locus standi till he had proved his debt.
** CONVENIENT GRANDMOTHER'S
Mr. John Hays, of Messrs. Stokes, and Muster, solicitors,
on behalf of the
of
DEATH.
application.
The Official Receiver said he was informed that the debtor was a wealthy man and had a lot of money in China.
His Lordship stated he would commit him until he had purged himself of his contempt of Court by giving all the assistance the Receiver required from him.
The Official Receiver added that one of the creditors told him that he had applied to the Chinese Magistrate where he believed the debtor to be for his arrest. The Magistrate replied that as he was a British subject he could not in- terfere with him. Probably it was on account of the proceedings there that he had come back here just in time for the Court.
His Lordship granted adjudication and order- ed debtor to be imprisoned until he had furnish- Jolinson, ed all the information required by the Official. made 8.11
Receiver, who could then apply for his release. Official Debtor-Will you
allow me to remain out of
Court und adjudication 88 ዚ bank- rupt in the matter of Lau Yuk Lam, debtor, ez parte Ching Iu Kwon. The debtor he said. was a partner in the firm of On Hing, dealers in pipes and other European goods. A receiving order was made on 17th March last, and under Section 16 the debtor was required to make up a statement of affairs. This he had not done, and apparently he had left the Colony: whether he had returned since the Official Receiver filed this petition he could not say.
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When Lau Yuk Lam's name was called he came forward and was put under oath in the witness-box.
His Lordship-Why have you not filed your statement of affairs?
Debtor-I have done so; I have brought all the account-books in.
The Official Receiver (Mr. Bruce Shepherd) --He has filed no statement at all. I fancy he must have left the Colony.
His Lordship-Have you been away since this order was made?
Debtor-I went back to the country. His Lordship What business had
you to back to the country?
go
Debtor-My grandmother died. His Lordship-I never knew a Chinaman that did not have a convenient relative die. The first duty you have got to do is to show respect to this Court. Instead of being in gaol as you ought to be, you come here and ask to be made a bankrupt and have these actions against you stayed, and then you think you have done your duty to everybody and walk off to China. Why did not you go and ask the administrator's permission?
Debtor-I did not understand.
His Lordship-You cannot go away any more than anybody else. If my grandmother died could not go away. You do whatever you please.
Debtor-I did not understand.
His Lordship-You understand perfectly well all about these things. Why did you not attend the first meeting of. your creditors on the 8th April?
Debtor-I did not know.
gaol?
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His Lordship-No; you have had an oppor- tunity of remaining outside of gaol, and instead of doing what was required you went off and laughed at me. You would very likely do the same thing again.
Debtor-No; I would not do so. His Lordship-I will not give you the oppor tunity
The Court adjourned.
BOWLING.
HONGKONG CLUB V. CLUB GERMANIA.
The bowling match for the Challenge Shield between the Hongkong Club and the Club Germania was played on the 19th and 20th inst., on the alleys of the two clubs. The Hongkong Club started with a lead of 419 point on Tusesday's play, but the Germans pulled up in a wonderful manner on Wednesday and were only beaten by 132 points finally. The Hongkong Club, how- ever, succeeded in winning the Shield outright. Chater's fine bowling-though he only beat Wacker by 19 pins-backed up by that of Hinds and Bonnar had a good deal to do with the result; but it is to be noted that the Club Germania secured four out of the first six places.
The scores were as follows, those marked with an asterisk being made on the Hongkong Club alleys:-
HONGKONG CLUB.
J. W. C. Bonnar (7)... 234 116 203 198 *751
183 150 172 15 638 1409 C. P. Chater(1)......... 19: 168 190 150 706
C. H. Gale (15)
T. C. Gray (10)
H. Hancock (12)
J. Hooper (9).
E. H. Hinds (3).
227 148 237 142 #751 1460 127 142 267 140 676 174 156 162 * 103 *595 1271 147 204 168 136 655 219 162 147 157 #685 134) 214 151 167 168 #700
144 203 15 126 624 1.24
190 146 238 *736
162
F. Maitland (8).
181 153 170 125 629 1365
167 209 196 153.725 164 174 185 188 *711 1436 227 216 202 152 *797 163 159 145 119 586 1383
10988
GERMAN CLUB.
E. Eberius (6)......... 174 206 164 143 687
183 188 171 1-2 *724 1411 G. Engel (16) .
178 172 176 137 663 133 187 142 102 *564 1827 C. Koch (11) .
........... 144 156 193 184 687
208 183 123 141.*654 1331
C. H. Lammert (4)... 193 196 158 182 #729
His Lordship Very well; I will commit you for contempt of Court. The best
way. Mr. Bruce Shepherd, is to send him to gaol, and you can have him on habeas corpus when you want him. Let him be taken off to gaol for contempt of Court. If he thinks he can play fast and loose with this Court he is making a mistake. What you have got to do is this. First of all you have to W.O.Spalckhaven(14) 186 148 133 162 *629 obey the law. This is what the law says:- When a receiving order has been made the debtor shall (it does not say if it is convenient to him or if his grandmother does not die) make out and submit to the Official Receiver a state- ment of and in relation to his affairs; which has
213 217 163 113 76 1435 A. Rombach (5)......... 165 176 112 177 *630
221 173 213 176 783 1413
175 155 206' 128 · 664 1293
69 129 #539 194 246 213 118 766 1805. 190 182 235 166 *773. 231 183 134 121 668 · 1441
10856
A. Thiessen (13)......... 130 211
J. Wacker (2)..
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