June 15, 1907.]
that other two were in court. When questioned why they had not answered to their names they stated that they thought it was only the other man who was on trial. His Lordship said he had a good mind to send them to gaol, but ultimately he heard their stories. All the defendants pleaded that their accountant had left them and they knew nothing of the accounts. His Honour told them that was their fault. When they asked for time he declined, saying that if he did so they would go into bankruptcy. Judgment was entered for the seven plaintiffs with costs.
Wednesday, June 12th.
IN ADMIRALTY JURISDICTION.
BEFORE THE CHIEF JUSTICE (8IE FRANCIS PIGGOTT), AND THE HON. Mr. E. A. HEWETT (NAUTICAL A888880B).
A SALVAGE CLAIM.
The action for salvage brought by the Hamburg-Amerika Linie and the master and grew of the s.s." Aragonia" against the China Navigation Company, Ld., the owners of the 8.8. "Hup-h" her cargo and freight, was cou- tinued. Mr. M. Wlade (instructed by Mr. G. Hastings of Messrs. Hastings aud Hastings) appeared for the plaintiffs, while defendants were represent by the Hon. Mr H. E. Pollock. K. (instructed by Messrs. Johnson, Stokes and Master).
Captain Mathias continued his evidence. Referring to the parting of the wire towing rope, he stated that the "Aragonia" gave no indication of her intention to take the sudden turn to starboard which caused the rope to part.
Cross-examined by Mr. Slade-Have you instruc ions in common with all captains in the employ of Butterfield and Swire that if any. thing happens to your ship you are not to request outside help but to wait until some of your ships come along P-I have not.
There is no rule or instruction of that kind. in your service ?—I have never seen or heard of it.
Nothing of the sort ?—No,
CHINA OVERLAND TRADE REPORT. | matter was adjourned with a view to a compro- miss being effect d. The petition was file because she was unable to carry on the business owing to the high reat. she had now come to terms with the landlord and with bis Lord. ship's consent be would withdraw the petition.
Granted.
Are you quite sure of that captain ?--I am on oath. I say I have never seen it nor heard it."
Witness expressed the conviction that, though the "Hupeh" was exposed to the full force of a northeast monsoon on 6th December he could have ridden through the gale safely depending on his anchors.
You did not take the risk ?--No.
AN ABSENT THIRD PARTY.
Re the bankruptcy of the Sze Long firm Mr. P. W. Goldring applied for the publis examination to be cl sed. He questioned Tun Shun Tai as to the wherabouts of one Lun Shun, who was alleged to hav deposited $1,000 in a bank in which witness was interested,
Examination closed.
BUILDING SPECULATIONS.
Connected with two firms, each of which failed, involving him in a total loss of $6,000, Chun Hon Kai, publicly examined in bink. ruptcy, explained his losses.
Mr. Harsthouse, appearing for the credit rs. asked debtor if be was not the owner of au
inland Int which he mortgaged for 881,000 There was a second mortgage for $2,0011, & third for $25,000, a fourth for $12,0 0, a fifth for $8,000, and a sixth for $5,000. He almitted haring after that entered into a sale of the Property free from encumbrances except the first mortgage and received $10,0 0 bargain
money.
|
401
Continuing, debtor said he put 83,000 in cash into the business and later on 89.10 more. H. borrowed $3.000 during the first year and $6,000 during the second. When the Kowloon ferry wharf was changed it made a difference of from $300 to $400 per month. He had told the landlord that he could not pay the rent and a rednction of $25 was talked of but never ratified. His liabilities «mounted to $26,600 and his estimated assets $16,500, of which $11,000
were bok debiɛ.
The examination was closed and the Official Receiver applied for adjudication, which was granted.
Mr. Kemp also applied for an allowance for the bankrupt. There was a sum of 84, 00 in cash in hand and about $6,000 in small accounts still outstanding, which would be difficult to coll-ot.
Mr. R. F. C. Master and M. D'Almada opposed the application unless a reasonable time were set as limited.
Lordship granted £300.
Mr. Grist supported the application, and His
CANTON.
(FROM OUR CORRESPONDENT.)
June 12th.
ACCUMULATING BUSINESS, Did you ever carry out your contract for
The following is a translation of a notifica. the sale?—No, the transaction has not beention issued by Viosroy Chon Fa:- completed.
Did you ever return the 810,000 bargain money? - No.
Then they have paid you $10,000 and got nothing for it? That is so.
On the very day, 25th March. you executed a further encumbrance, a mortgage for 88,000? - Yes,
And subsequently you executed a further encumbrance for $5,000?—Yes.
Although, with the exception of the first, you had ffered to sell this land free from encumbrances you put on other two encumb- rances after receiving $10,000 bargain money ?- No that 88,000 was borrowed before.
As regards the proposed sale you farther encumbered the property which prevented you carrying out the contract?—Yes. money, $15,000?-The first and second were What did you do with all this mortgages
handed over to me.
What did you do with the money from the third mortgage?—I bought a piece of land.
Did the whole of your land speculations turn out badly -There was some profit. I
You would not care to take the risk?-Wit-made no profit within the last three years. ness did not reply.
Do you expect there will be any surplus? Yes.
You think the "Hupeh" with her anchor and obain could ride out any gale in the open sea P-A strong gale, yes.
And you would have no cause for anxiety?- No.
After being questioned as to the steering of the "Hupeh," and the difficulty of steering during the towing, Captain Mathias said that, although he was not in peril, be considered it his duty to signal for a tow.
Why - The lives and property on board might be in pril.
And you considered, if you remained there, the lives and property in your care might be imperilled P-Yes.
Captain Innes, Marine Superintendent for the Company, valued the “ npeh" at £18,000 and estimated that it would cost £25,000 to build a new ship like the "Hupeh."
Counsel addressed the Court and his Lordship reservel judgment.
Thursday, June 13th.
IN BANKRUPTCY JURISDICTION.
BEFORE SIE FRANCIS PIGGCTT (CHIEF JUSTICE).
OPIUM DEALERS FAILURE.
From what?-From plot 423.
-
"This notification is issued by mɔ (Viceroy Chon Fu). I have received a cablegram from Peking for Canton on the 2nd day of the 5th Peking stating that the new Vio roy will leave
moon; in consequence of which the date for delivering over all provincial official affairs is approaching. The gentry aal general publio are requested to note that I will not receive any petitions on and after the 3rd day of the 5th moon. All gentry, merchant, and peop's of Kwang Tung and Kwang Provinces are requested to obey and respect this notification,
"
Viceroy Shum will find his hands full on arrival I have it on the best of authority that numerous cases both fqreiga and Chiasse have been shelved pro tam, aud are awaiting the new Viceroy's arrival for settlement. This step is characteristically Chinese, and is becoming a great inconvenience all round,
SHUM'S APPROACH,
Local authorities received a telegram from Peking stating that Viceroy Shum would embark on the 8.8. "Kwong Lee" at Ching. wangtao for Canton on the 3rd day of the 5th moon and will proceed direct without calling at Shanghai Viceroy Chon Fu received a tele- gram from the new Viceroy stating that the latter official heard that the present Kwong Chow Prefect is about to vacate his position and
You know it has been sold by the first leave Canton and requesting H. E. Chou Fa not mortgagee ?--Yes.
There is nothing left ?—Yes.
from that?-I had half of it.
How do you expect there will be a surplus
But nothing now will come to the estate from that?-Yes.
Mr. Hursthouse asked that a prosecution be directed,
The Offical Receiver questioned debtor as to the sale of the laud first mentioned. Debtor said he could have paid off the mortgazees if the sale had been allowed to go through. The property was sold by the creditors for $140,000. Examination clused.
Mr. Hursthouse then made formal application that a prosecution be directed inasmuch as he had attempted to defraul his clients put of $10,000.
His Honour-I don't think you will get a conviction on that.
A HOTEL-KEEPER'S FAILURE,
The public examination of R. Matthaey, late of the Occidental Hotel, Kowloon, was continu. ed. Debtor said he was a civil and marine engi
neer.
He took over the Hotel in 1904, having had no experience in that line before. He paid Be the E. Yuen firm of opium dealers, Mr.
& deposit of $500 and went into possession in Morrell, from the Crown ~olicitors Office, said alterations. The rent was $1,100 per month January, spending over 82,900 in painting and the firm had issued a notice suspending payment not including an extra $50. The hotel, includ of debts. The assets amounted to $200,000, and the liabilities to $300,0 0. Sent to Chaming the ground, would have cost about $50,0 0 berg.
• WITHDRAWN.
In the case of Esther Oliver, of the New Travellers' Hotel, Mr. E. J. Grist said the
I
His takings amounted to $4,00› or 8 ̊,000 per month.
What were your expenses?—I do not know; I never had any money over.
to permit Prefect Chan Mong Tsang to leave until his arrival,
PRESENTS,
Marquis Li, Lieutenant Tartar General here, has received ten pieces of silk and other valuable articles from H, M. the Empress Dowager as a present. A special offieial was delegated to Cauton to deliver the present to Marquis Li.
KULANGSU (AMOY) MUNICIPAL COUNCIL.
Minutes of a meeting of the Kulangsu (Amoy) Municipal Council, held at the Board Room, on, the 21st May 1997.
C. A. V. Bowra, A. F. Gardiner, Huang Ts an.
Present:-Messrs. W. H. Wallace (Chairman) -
chew, 8. Okuyama, W. Wilson and the Secretary.
1. Mr. Wi'son takes his seat, vice Mr. Marshall, resigned.
2. The minutes of the last meeting are read, and confirmed.
3. A letter is read from Mrs. T. C. Nicholls complaining of certain trees planted on the tennis ground. It is decided to inform Mrs. Nicholls that the trees were put up by the players. That the trees at present osanot Con oil to provide a better light for the tennis possibly be considered a naisano, but if, in time to come, they should prove a source of nnoyance, Mrs. Nicholls should approach the Council again on the subject when, no doubt, the Council will endeavour to meet her objections.
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