08.
offices. People use that delay in order to put pressure on the prisoner or his friends.
His Lordship-That may be, but I provided for that in the last order I made by ordering that the solicitors should within a certain time lay their case before the Attorney General. But even that does not help you.
Mr. Slade-I argue on a definite point. The words of the section do not allow the Court to make an order like this. Supposing a poor friendless man is committed to gaol under such an order and it is left to solicitors and other people to say whether a prosecution shall take place; the solicitors don't hurry and the man has no right to come before the Court, there- fore he is kept in gaol for an indefinite period. There can be no blame on the court unless a further application is made.
His Lordship-I quite agree with you on the theory, but I am not quite clear in practice how I could make an order except as I did in a previous case.
Mr. Slade-Your Lordship's powers to make orders are conferred by common law, equity and statute. There is no power in any of these which enables you to make such an order.
His Lordship Unless the order Was couched in these terms: "That the debtor be discharged unless the solicitors laid an offence before the law officers of the Crown within a certain period."
Mr. Slade-In all charges brought against a man at the Magistracy he must be charged within 24 hours, and a magistrate has no power o remand a prisoner for more than a week: so there is a direct statutory power to press on the promulgation of criminal charges while the man is in gaol
His Lordship-There is no statutory power after a man is arrested as to the time when the charge must be presented.
Mr. Slade-Yes. Within 24 hours. His Lordship-The Bankruptcy Ordinance rather departs from that, because it enables a warrant to be issued if there is reason to believe that a bankrupt has committed an offence. The peculiar circumstances of such Ordin- ance must be borne in mind. A man' comes: up for examination and makes certain statements from which it is considered that he has committed certain offences; not criminal, but offences against the state. Then after that there must be some period wheu the facts and other circumstances are gone into, and he is detained. Although I agree with your argu- ment, 1 do not see a practical solution.
Mr. Slade-Well, my Lord, surely to put a limit of time would do. Give him another week, as they do at the Magistracy, or admit him to bail.
His Lordship-The peculiar circumstances of the Bankruptcy Ordinance are such that I have always refused bail.
Mr. Slade With all due submission, I think. that is a very arguable point, as by English law a man has a right to bail in all cases of misdemeanor, and this is only a misdeameanor. This section, I submit, cannot be taken, to authorise imprisonment for anything more than a limited time, for a particular purpose to be expressed on the face of the warrant.
His Lordship-Equite appreciate your point. Mr. Slade-I think I have shown two reason. ably substantial grounds for argument on this question. Would your Lordship either order the writ when the whole question can be argued out finally on the returning of it, or will your Lordship make a rule nisi when the question can be argued P
His Lordship-I can make an order at once, or I can discharge the prisoner now if I am satisfied that the warrant is defective, but I suppose on the motion of the Official Receiver I could make another warrant.
Mr. Slade-If the man is discharged on a writ of Habeas Corpus on that warrant, he cannot be re-arrested on the same charge.
His Lordship-Could it be argued on the return of the writ of Habeas Corpus as to whether or not there was probable reason ?
Mr. Slade-I am not sure. His Lordship-That appears the most cen- venient course to me.
Mr. Slade-Going into the merits of the case. your Lordship ought to bind the Official Receiver to be prompt in these matters. A man might be in gaol three weeks or a monthe
|
THE HONGKONG WEEKLY PRESS AND
before the Official Receiver made up his mind to proceed.
Mr. G. H. Wakeman, Official Receiver, subunitled that the warrant was in order under section 85, and if his Lordship decided to dis. charge it he would ask for a fresh one,
His Lordship-Yes, I must discharge it But before I make on order the question must be argued as to whether I have the power to issue a fresh one. I agree with Mr. Slade's points. A warrant must be drafted with some time specified.
Mr. Wakeman-The warrant was drawn according to statute.
His Lordship-Statutory forms are drafted in a careless manner, and when they have to be put straight they must be put straight.
Mr. Wakeman-It is quite clear that a fresh warrant could be issued if this one is discharged
Mr. Slade-It is a very simple case.
His Lordship-The regular procedure would be that I should issue another warrant, and you could apply on Habeas Corpus for the discharge of that warrant.
Mr. Slade-But why should we be put to that expense !
His Lordship-Well, I cannot see why a new warrant cannot be issued.
Mr. Blade-24 hours, or 48 at the outside, is the time allowed to keep a man in gaol for a misdemeanor. This man has been in gaol for a week, whereas the creditors could have made up their minds to bring a charge in five minutes.
Mr. Wakeman-I was informed by the prisoner's solicitor that a motion for Habeas Corpus would be taken immediately the man was arrested; otherwise he would have been discharged within a day or two.
Mr. Slade That may account for some delay, but it is a little hard on the man.
His Lordship-You don't allege the grounds on which you are going to apply for labeas Corpus?
Mr. Slade-No; I don't know them. I would suggest that your Lordship make an order now discharging this warrant at 4 o'clock this after-
noon.
His Lordship-If I discharge it I discharge it at once, and I think that will meet the justice of the case.
Mr. Wakeman-Will your Lordship allow me to issue a fresh warrant P
His Lordship-Why should you apply to the Bankruptcy Court? This warrant was only issued to protect you; now you don't want protection. You can prosecute at once.
Mr. Wakeman-I submit I have a right to apply for a fresh warrant.
His Lordship-I will discharge this warrant and issue a fresh one, which will please be drawn up carefully. The debtor will be kept in prison until four o'clock to-morrow.
IN SUMMARY JURISDICTION.
BEFORE ME. A. G. WISE (PUISNE JUDGE).
A QUESTION OF AMOUNT.
Lee Yee sued Tsang King, contractor, to recover $90 for work done.
Mr. O. D. Thomson appeared for the plain- tiff, and Mr. E. A. Bonner (of Messrs. Dennysand Bowley) for the defendant.
Mr. Bonner said his client paid $87.68, the amount he admitted owing, into court.
Mr. Thomson said the defendant was being sued as the executor of one, Chan Fat Kee. On December 7th he was the registered owner of house No. 308, Queen's Road West. On that day notice was served upon the occupier to reconstruct the main drain which ran along the rear of a considerable number of houses, the occupants of which all had to bear a portion of the amount necessary for reconstruction. The plaintiff asked a concubine of deceased if she would give him the contract to do her house; she agreed, and it was done at a cost of $52-
His Lordship-How are you going to establish the deceased man's concubine as an agent bind- ing him or his executors?
Mr. Thomson-The defendant is an executor of deceased, whose concubine gave an order and handed over to the plaintiff Sanitary Board notices addressed to the defendant.
His Lordship—But you cannot make the deceased's estate liable for her action.
[January 18, 1906. Mr. Thomson-If I cannot succeed on tha agreement I can succeed for work done.
His Lordship-Sue the woman; the contrac- tor is not liable.
Mr. Thomson-But the defendant authorised her.
His Lordship-Suppose he gets into the box: and says he knows nothing about it. Where are you?
Mr. Thom:on-He admits the cause of action by paying money into court.
After further argument, his Lordship recommended that the matter be referred to the Registrar to report as to the amount of, work done.
CHINA PROVIDENT LOAN AND
· MORTGAGE CO., LTD.
The report for presentation to the share- holders at the ninth ordinary general meeting to be held at the office of the General Managers on Saturday, January 20, is as follows:
Annexed we have the pleasure to lay before shareholders a statement of accounts made up to December, 31st 1:05.
The gross earnings for the past year amount to $131,721.22, and after deducting all expenses, remuneration to general managers, consulting committee's and auditors' fees, there remains a balance of $104,791,73, which it is recommended be appropriated as follows, viz. :-
To place to reserve fund .$20,000.00 To pay a dividend of 8 per cent. 80,000.00 To carry forward to the credit of
next year's account
4,791.78 Consulting Committee. Mr. Chau Tung Shang, having left the Colony, does not seek re-election. In accordance with the Articles of Association, Messrs. J. S. Van Buren, Chow ing Kee, Dr. J. W. Noble and HP. White retire, but offer themselves for re-election.
Auditors. The accounts. have been audited by Messrs. A. O'D. Gourdin and W. H. Potts, who are recommended for re-election.
SHEWAN TOMES & CO.
General Managers The accounts for the year 1905 are as under:
PROFIT AND LOSS. Chargea
.$ 6,246,86 Consulting Committee fees
Auditors' fees Balance
4,000.00
2:10.10
104,791,73
$115,238.89
Balance brought forward from last year....$ 1,581.29 Interest received on mortgages,
loans, &o. Less interest paid, commission,
&c., &o.
Unclaimed dividends written off
$131,721,22
19,000.12
112,721.10 986,00
$115.238.99
BALANCE SHEET,
LIABILITIES.
Capital 200,000 shares at $10 $2,000,000.00
Less 100,000.00 shares un-
issued
Reserve fund....
undry creditors Company's bankers Balance of profit and loss.
ASSETS.
1,000,000.00
1,000,000.00
80,000.00
14,906.06
129,996.96
104,791,73
$1,329,694.75
C
Loans on provident system $736,798.95
On mortgages, shares,
&c.
Investment of reserve fund 2,025 shares Green Island
Cement Co., Ld., at $28. 2,500 shares China Light Power Co., Ld., at $9.
Sundry debtors Cash
492,468.65
1,229,207.60
$56,700.00
22,500.00
79,200.00 .....'........................................... 17,895.62 3,891.53
$1,329,694.75
The Indo-China Steam Navigation Company's new coasting steamer Koonshing arrived at Shanghai from Iloilo on Jan. 4. She was built. by Messrs. Hall, Russell and Co., of Aberdeen, and is intended for the Shanghai-Tientsin run. She has beautifully fitted state-rooms, saloon, and smoke rooms, and has a speed of 191 knots, her net registered tonnage being 1,333. On Oot. 9 last year she left Hamburg for the Philippine Islands, where she loaded a cargo of surag for Shanghai.
No comments yet.
Private notes are available after approval.