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June?ƒ1, 1906-|
CHINA OVIRLAND TRADE REPORT.
The order for the release of the debtor was the form of forgery, then he would allow them✨ issued
MORE PARTNERSHIP DIJPUTĖS,/ In the case the Kung Sun firm ex parte Chan Chi-Fat (oreditor), Mr. R. G. Harding appeared for the petitioning · creditor and asked for a receiving order.
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to call rebutting evidence.
The hearing of evidence in support of the plaintiff's case was continued.
IN SUMMARy JurisdictiON.
Mr. F. B. Desoon (of Messrs. Descon, Looker Brrore Mr. A. G. Wise (PUISNE JUDGE), sufficiency of the Navy (*p and Descon) appearel for certain Chinese who had been served with notice of the petition and who denied being partners.
Mr. Harding stated the grounds for his petition were that the firta had suspended pay ment and that the managing partner and others bad absconded. An interim order had been made. He had served notice of the petition on ong man who admitted he was a ́përtner and on others who did not admit ti at they were part ners. If the latter were not partnere, they were not affected by the service of the petition
and bad no1lovus standi in the måtter.
Mr. Deacon objected to the granting of the receiving order, and pointed out that Mr. Harding could bring his clients into Court.
The Pulsne Judge-He has not served you with the interim: order and cannot serve you with the receiving order. I think your standing should stand over.
The receiving order was granted.
REQRIVING ORDER RESCINDED.
Mr.E. J. Grist made an application that the receiving order made in the action the Kwong Shang Cheng Hing Kee firm ex parts the Leung Ching Fak Hing firm be rescinded.
The Puisne Judge said he had no doubt in his own mind as to bis power to rescind a receiving order, but a great many learned judges at home disagreed with him.
Mr. Grist submitted that there was inherent power to rescind the order and quoted a case ig support of his contention. The ouse went to the Court of Appeal and the learned judges concluded that it was altogether unreasonable to force a matter through the Bankruptcy Court when the creditors were willing to have the order rescinded, and upheld the Registrar's decision rescinding the order.
The Puisne Judge agreed, but remarked that the affidavits filed were not complete, as certain creditors who bad proved their debts did not appes as consenting to the application:
Mr. Grist undertook to file an afidavit that the creditors consented, and the order of res „ission was granted.
Friday, June 8th.
· In Original JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIE FRANCIS PIGGOTT).
A DISPUTED WILL. The case of Li Po-kwai and another c. Li Ling-shi and another was resumed. This was a claim undér a will for one sixteenth part of marine lot 239 and inland lot 1,355 and for an account of the rent and profits thereon. Mr M. W. Slade, instructed by Mr. John Hastings, appeared for plaintiff, and Mr. E. H. Sharp, K.C., and the Hon. Mr. H. E. Pollock, K. C., instructed by Mr. K. Harding (of Messrs. Ewens, Horsten and Harding), appeared for defendants.
Mr. Pollock asked for an adjournment in order that a comparison should be made between docu- ments signed by Li Sing and the documents produced by Li Po-kwai. It would be necessary to obtain the evidence of Mr. Ewens, solicitor, now in England,
His Lordship pointed out that that would involve a commission.
Mr. Pollock replied that Mr. Ewens would probably be back in Cotober, and it would not be much of an adjournment considering the 0156 began in 1904.
His Lordship said it would have been possible to have taken Mr. Ewens' evidence de bene esse provions to his leaving the ‹ olony.
Mr. Pollock_remarked that it was im- possible to anticipate the compléte denial of the documents by the other side.
His Lordship considered it unusual tok as for an adjournment in the middle of a case in order to strengthen it. ↑ He did not think
it would be fair to the other side to adjourn it, but he would see how the case went. If it took
FORCED TO SIGN.
Stokes and Master) appeared for the bead fire
Mr. Jackson (of the firm of Messrs Johnson, man of the e.a. Twickenham in support of his claim against an under firemsa for two sums of 3201 and 8150, due on promissory notes. Defendant admitted signing the notes, but money gambling on the voyage from London said he did so under compulsion. He lost the and when he landed at Hongkong the previous night plaintiff, with other men, stopped him Plaintiff know that he (defendant) had over 820) and made him sign the documents in question. due to him as wages and wanted to get the
money out of bim,
His Lordship-I am not surprised at that Judgment was entered for plaintiff.
THE NAVY LEAGUE.
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at home to feel that they chang før outpost of the amples by le British fleet was one; sửi be that the Navy Lsague' Was branches were soáttered all over all did their best to prózióte thể Liên guu to sure the stéh was absolutely imperative if to secure our comnibtob in Minn with the necessity of British nadelit Adother point which struck him in Colony supporting the Naty Page of the fact which was pabout to all öf:i closely observed the trend of events East, namely, that things "weke movi to by spoken of as a very conservativ wonderfal rapidity in the Far Easts and her people as a very conserva but those of them who had thoughth the fact that Chins and the Chi ed recent events must have been - beginning to move, and the Briti ought to be prepared to take their påkt tu events which might follow. Whatever we'l gained had been gained for the bénéfit ROKO only of ourselves, but for all other mptionis Our doctrine throughout had been the min ciple of an open door in Oklui; and we weld anxious that it should be adopted and maintained - in future,. To do this wẹ must have un'ughời: ont uavy in the får East, President Roosevelt put this matter very incisively in an udarube wish for a powerful and efficient navy; not for he delivered at Chicg), when he old purposes of war, but as the surest guarantee of peace." The speaker stated that this branch wisdom
of the "Leagu・ disputed the withdrawing so many guubosts from Chinese of the Admiralty's polloy In waters. They thought it was desirable that the British flag should be visible on thé infand waters of China in order that British presuge should be maintained. As wơ Wɔe aware the Admiralty's policy had been reversed echeider ably, two gunboats having been put fute British flag was again dying on the Thland commission," and he was glad to say that thờ waters of China (applause); and a yearAGE
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In conclusion, he urged British residents in: the Colony to join the League, and painted out that since the last meeting the number of members had diminished" tròm ~285 ta: 253 uud associates from 35 to 17. He was'sure they would agren that that was not a satisfactory state of affis, and he appealed to British residents to strengthen that (branch of thê”: League which, he ould assure them, was very much appreciated at home. With those few observations he moved the adoption of the report and balance sheet.
to.
Mr. COCHRANE seconded, and this was agreed
The annual meeting of the Hongkong Branch of the Navy League was held in the City Hall on June 6th. Hon. Mr. H. E Pollock, K.Č. pre. sided, and among others present wore-Messrs. T. P. Cochrane. M. W. Slade and D. R. Law (committee), A. R. Lowe (secretary), A. Carter, G. H. Medhurst, A. Forbes aud Captain Clark. The PRESIDENT said that as the report and statement of accounts of that branch of the Navy League had been circulated lia would take them as read. He was sorry not to see a larger attendance, which he trusted did not mean that the members and associates were not interested in the work bat was due only to other attrac. tions and to the beat. From the report they wou'd see that that branch had either disbursed or promised considerable tums during the past year, more especially in con- of money nection with the Trafalgar Centenery. thought the Hongkong Branch ought to do He its little best in commemoration of that event, therefore as president he put himself in. com- munication with the Naval authorities to see what could be done here for officers and men of the Navy. It was at first suggested that a special recreation ground should be procured for the Navy at Kowloon and the Government of the Colony kindly met the League in the matter. Afterwards, when so many boats left the station they thought they had better communi- cate with the Naval authorities again and use their infinence with the Government to secure permanent quarters at Happy Valley on which the League won d expand a sum of $1,500. The Government on being approached on the subject were in favour that a perma- nent building should be erected at Happy would be laid out for the erection thereof by Valley, and in due course the raid sum this branch of the Navy League. They had also expended a sum of $100, the cost of a wreath which had been placed on Nelson's Columu. Amongst other items in the accounts a sum of $787.3) was given for the purpose of purchasing Wanchai, and the Committee understood the gift a billiard table for the Seamen's Institute at had been much appreciated. As members would observe from the statement of accounts, by the time the sum of $1,500 had b:en disbursed they would have a very small sam in hand, therefore in the future as they had done in the past that he would like to remind those who wished to help
members and associates. The number of British it was necessary they should secure further now adult residents in this Colony (exclusive of the services) excreded 1,20 ), and the report showed one-fourth of the number of British residents. former policy inasmuch as it is a membership of only 265, considerably less than | indeed the Admiralty has modial Members would agree with him that this was | ing certain ships for the purpose subjects here should join this branch either China. The desirability of pa not a satisfactory state of affairs; all British | British influence in the Inland as members, or associates, and none could | land waters was mentioned aft say that they cou'd not do so as the Meeting of this Branch and l bers and $2 for associates. Some might ask | Head Office of the Lenges. In bo abscription was only 31 a year for mem- the subject of some correspos what was the use of joining a branch of the Navy the question of Weihaiwei your Committes League out here. He would say that it was a strongly opposed to its retrocession on very great encouragement indeed to the people "ground" of the desirability of its retention
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The members of the existing Committee . resident in the Colony were re-elected suda Messrs. Murray Stewart, Medhurst and A Forbes, secretary, were added in place of Mendis. Stabb, on the motion of Captain CLARK, Gershom Stewart, E. W. Mitchell, and N.**T seconded by Mr. A. CARTER,
This concluded the proceedings.
The report and statement of accounts were as follows:-
Since the last General Meeting of this between Japan aud Russia and the A Branch of the League peace has been declared Japanese Alliance has been renewed further period and upon a móré extended?) than formerly. The above events have diák: our Naval Authorities to effectis considerables the recent rapid march of events in the Far- reduction in the China Squadron, but, in view of
prestige in Chins, it may be reasonably doubled East and of the necessity of upholding Briti whether such a policy of reddedibu not been carried too far.
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