Mr. Krauss, as the trustee of the estate of Edward Jenner Hogg, instituted proceedings to test the right of the creditors to the pro-coeds of the sale of furniture in the house occupied by the bankrupt at the time of his and forming part of what is known as Chou-foong property, belonging to the haulkother, Mr, William Hogg, resi and for whom Mr. R, C. Brown, the defendant, acted as agent.
Mr. R. OE, Brown, through his Attorney Mr. R. E, Wainewright, now moved that his evidence on the above-mentioned motion be taken forthwith, notwithstanding that the case on the motion had not yet been opened.
In support of this motion Mr. Brown filed an affidavit declaring that he believed himself necessary and material witness, and that evidence was necessary to a proper determination of the case. He had arranged to Jeave Shanghai by the steamer leaving for Tapan on the Sth instant, and it was very portant that he should leave at that time.
Mr. \Warsewnicur appeared in support of the motion, Mr. Roprssoy said at the time the motion was filed he appeared for Mr. Krauss, who was then the trustee of the bankrupt. Since then, however, Mr, Krauss had unfortunately become bankrupt himself and Mr. John Cooper had been appointed trustee in his place. Now, ho appenreit for Mr. John Cooper.
Mr. Waawewnrant failed to see any ground ive, by which Mr. Brown could not b sd. The motion set forth that he was I witness, and his leave Shanghai, and that it was important he should There were no good grounds why Mr.
town's mouth should be closed at the pre-out time, It was true that Mr, Brown had already given sine evidence on the subject matter of the motion, because he was examined in May, 1878, in connection with the bankruptcy. That, however, was long before this motion was filed, and 80 far entirely in the dark trustee, Moreover, be (Mr. Wainewright) was' away in kong and Mr. Hannen appeared on his behalf, was not allowed to atk him all the questions he wished to.
nicht anid he looked upon these proceedings Ju answer to his Lordship, Me, Warr in the nature of an action, He then referred to the canes of ex-parte Dicken, in re Pollard, L.R., 8 Eh, page 377; ex-parte Musgrave, in re Wood, 1.8. 10 Eh, page 94, and then went onto say that it would be a disadvantage if Mr, Brown was not allowed to be examined now, urging that Mr. Brown should not be placed' in a worse position than if he were a defendant in a suit.
Mr. Ronixsox submitted that this application on the part of Mr. Brown should not be acceded to because it opened the door to great irregularities and great inconveniences, Mr. jad said that Mr. Brown had not been examined on this motion, But Mr. Brown was examined on the very same subject on the 25th and 27th of May, 1878, and ay far back as the th May, 1878, he was aware that the trustee claimed the proceeds of the sale of the fur Mr, Brown was perfectly aware that the rae to himself 5 he had Counsel to assist him, and the witness (Mr. Brown) hind all the protection ho was entitled to. His next objection was that it was contrary to practice for a witness to be examined before the case was opened, Such a course was not only contrary to all practice, but it was inconvenient, and ought not to be encouraged. The motion was made solely on behalf of Mr. Brown, and whether it was granted or not he maintained that Mr. Brown should pay the expenses of it.
Lonpsnrr overruled the objections by Mr. Robinson to the motion, and examination of Mr. Brown was proceeded with, Ricaarp Carrexrer Brows, sworn, deposed -T have been " merchant ad broker janghai. Now Lam nothing at all, being about to leave: Shanghai for good. 'I distrained on the Chou-foong property. I acted as Mr. W. Hogg's agent. I did sign a warrant to Mr. W. Meller, but it was not acted upon. I distrained personally. I have received confirmation of dis. train from Mr. W. Hogg since it w: made, It hias been confirmed by thi Power of Attorney from fr. W. Hogg. It is dated 26th June, 1878. It was out to me last year. believe I received it in 1878. Mr. Edward Jenner Hogg received a telegraca relating to the distraint, I saw it, and I lieve the words were "Distraint confirmed. When the commission was sent to Eu, this Power of Attorney was sent with it. Tt was not returned, and I had to telegraph for it to Mr, William Hogg and it was then returned to me by post. on the 25th May, 1878, I said I took posses sion of Chou-foong on or about the 11th January. By taking possession, I mean that I moved my office there, nud collected the rents preverty and his other property generally. of Mr. William Hogg' both of the Chou-foong
rom that time 1 was Mr. William Hogy's agent. Mr, Edward Jenner Hogg suggested that I should remove there as the books were there, and it would be better for me to a quire knowledge of the way in which the rents had been collected. By the rents of Chou-foong property I mean 18, Nanking Road, 18a, Nan king Road, and for a short time the rent of the passage called Maiden Lane. I dil not remove my office to Chou-foong with any other motive than that I have mentioned, and I collected the rents under power tained in a letter from Walters and Gush to Burman who transferred his authority to me. Thad no letter ordering me to go into the house and take possession. The total proceeds of the sale of slistress were Tls, 3,710.3: ut of that I paid the following expenses Tash is. 248.24; Court and Mr. Meller, for appraising, Tis, 172.66; Mr.
Consula 29.40 ($40). I retained for Mr. William Hogg Tls. 3 112.50, and 1 hended to Mr. Wainewright Tls. 147.55 to be paid into Ca examined by Me, Ronex to Mr. Meller, but it was not acted upon.
I paid him the Tls. 172.66 for appraising the furniture before the sale took lace. I cannot recollect whether Mr, jeller appraised before or after the distrain. I think hi now be in Mr, Francis' p the agent of Mr. William Hogg, and I think I gave it to him with a bundle of papers relating to the furniture generally. I do not who collected the rents for the Chou-foong property for the months of November and december previous to my tal January, but should say it was Burman, I had no other written authority to collect the rents than that conveyed in the letter from Mr. Burman to me dated 11th January, 1878, and the one from Messrs. Walters and Gush, dated Bist August, 1878, addressed to Mr. Burman. The Tis, 147,55 were paid into Court on the 16th May, 1879. Throwing my memory back, I believe Mr. Meller appraised before the di train took place, but I really don't recollect Re-examined by Mr. Waixewntont—I have rendered accounts to Mr. William Hogy from the time I took charge of his property id signed as his agent. I tendered his accounts monthly. He has never objected to my proceedings, but on the contrary he has written out expressing himself very much pierised with my management of his property.
This concluded the examination of Mr. Brown.
Mr. Rovtssox applied that Mr. Brown being about to leave Shanghai should give security for the fulfilment of any decree the Court might make.
Mr, Warsewricut said Mr. F. R, Francis would give the necessary security.
Mr. Rosixsox promised to draw up the bond.
Tt was then arranged that the question of the costes of this application should stand over until the motion was disposed The hearing was then adjourned sine die, Sth Oct.
Text read from the printed page and cleaned; old type leaves the occasional error.