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Colonial Cases

Mahlmann v. Pond, 1871

[enforcement of judgments]

Mahlmann v. Pond

Supreme Court of China and Japan
25 August 1871
Source: The North China Herald, 1 September 1871




August 25th.

Before G. JAMIESON, Esq.


Judgment Summons.

   His Worship said this was a process taken out against the defendant to show why he should not pay some part of the judgment given against him on the 13th July last.

   Defendant - I am quite unable to pay any at all.

   His Worship - Mr. Mahlmann thinks you can, but you will state on oath what your means are.

   Defendant, sworn, examined by plaintiff, said - I received a letter from you last week, asking me to give you assistance.  I did not send a reply; I did not consider it necessary. I have not consulted with Mr. Bidwell since judgment was given.

   To the Court - I have just got temporary employment from the Municipal Council.  In a few weeks, I may again have nothing to do.  I am unable to pay any part of this claim, having nothing but what I am earning, Tls. 100 a month.  I have been employed at that rate about three months, but the employment may probably close, when some of thr Municipal employes at present on leave come back.  I have no ready money, furniture, nor property of any kind.  I cannot very well set aside anything out of Tls. 100, as I have to pay Tls. 70 to Tls. 80 for house rent and board, and have other expenses to meet.

   His Worship - Have you any other debts?

   Defendant - Now that I am involved in this, taking the South Sea claims altogether, I am liable for about Tls. 70,000.  I have no other judgment out against me, though I owe some money on promissory notes.  I told the plaintiff before that I would assist him, if it was in my power to do so.

   His Worship - Well, you are in a mess; I think you are very unfortunate in this affair, but still you are liable, and I must order you to pay the plaintiff $20 a month while you are in employment.

   Defendant - Then I must consider myself totally bankrupt, and ask the assistance of the Court, if it can be given, to enable me to pass through bankruptcy.

   The Court said it would be necessary meanwhile that this order should be observed, as a first charge upon defendant's earnings; defendant again expressing his intention  of applying to be made a bankrupt, and remarking that his own salary to the amount of $800 was still unpaid by trhe South Sea Island Co.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School