It appears that on November 1921, a company under the name of "Chinese Coal Produce and Stock Exchange Ca." was registered at the Spanish Coneulate-General as a Spanish company. At the same! time, Kentwell informed Chow Kwei-ching that it was also necessary: that he, Chow Kwei-ching, should be! Yopistered as a Spanish subject, and Chow Kwei-ching on November 17, 3921, seas. vexintered as a. Spanis subject, born in the Philippines. how Kvelching states that he took Ro. part inthe registration, save giving. Mx. Kentvell his photograph paying to Alt. Kentvell's effec the sum of S80, which he was told by one of Ait. Kentwell's tat? was the fee payable for the registration, He further states tint. he never went to the Spanish Consulate, thst Re. is a Chinese subject, born in Chin, td hae ner bein Yo the that Mtr, Kentwell_knew he was a es, not ever said he had;
Chinese subject. Mr. Kentwell docs Rot deny that he carried out the Seeistration, stating, "T effected the yeristration' of Chow Kwei-ching; regard to the payment of consideration money had been inserted ina deed of conveyance. An order was made by a majority of the High Court of Bengal. (consisting of the Chief Justice, Six Barnes Peacock, and Mr. Justice Phear, Mr, Justice Norman" dissenting) to strike off the rolls of the Court the attorney! who was responsibible for the false recital and had attested the deed.
The case came on appeal before the Privy Council, who reversed the decision of the High Court of Bengal. The Privy Coueil judgment found that "the reason "assigned for the false statement, though unsatisfactory, had any fraud whatever followed upon the transact was not inconsistent with the po ZHbilty of honest motives" and they! found that no fraudulent use waa! made of the deed, and no person had complained of any injury directly or indirectly caused by it, and that "the irregularity was wholly unconnected with any intention to defraud and did not therefore justify the penalty inflicted."
The Motive In the application now before me the judgment on the ease in which the false registration occurred has been put in by the Crown Advocate as one of the exhibits to the motion, Although the Crown Advocate has stated that he limits himself to the charge of false registration alone and does not propose to rely on the! other matters referred to in the judgment, nevertheless, in distinguishing between the case now before me and the case of in re Stewart, which has been cited, it will be' necessary to refer to the Judgment which is an exhibit to th motion. In the first place I cannot come to the conclusion that the false registration at the Spanish Consulate was "not inconsistent with the possibility of honest motives." 'The result of the registration of the company at the Spanish Consulate, of which the false registration of a Chinese subject as a Spanish' subject was part of the procedure, was that the Chinese subject was deprived of a large sum of money.
In the course of the winding-up the company in which the Chines subject, Chow Kwei-ching, was concerned, sums of $43,518 and Tls. 1,280 were received by Mr. Kentwell Jas liquidator and one Gonzales, an oficial of the Spanish Consulate, jand passed through their hands. It
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