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The appellants contended that while they admitted the legality of applying British law in the case, the respondents must be held respon- sible for the loss of the cargo, even if it resulted from irresistible pauses, so long as they failed to take the necessary measures to prevent the loss. The respondents argued that the bill of lading explicitly provided that the cargo should be delivered from on board, and it was also provided that the steamship company should not be held responsible for the loss resulting from theft.
The Appeal Court considered it necessary to submit the question of the British law to an expert, and the services of Professor Matsunami, of the Imperial University, were accordingly secured for the purpose.
Professor Matannami said that he would put forward his evidence in writing on the action pending in the Court.
The proceedings are being watched with considerable interest in shipping circles.
KULANGSU (AMOY) MUNICIPAL COUNCIL.
THE HONGKONG WEEKLY PRESS AND
COMPANIES.
HONGKONG HOTEL. CO., LD.
The annual meeting of shareholders of the Hong kong Hotel Co., Ld. was held at the Hotel | on the 6th March. Dr. J. W. Noble presided and there were also present Hon Mr. E. Osborne, Messrs. W. H. Potis, (directors), W. | A. Cruickshank, A. Ramjahn, E. J. Chap- man, D. E. Haskell, E. S. Kadoorie, B. C. C. Master, Ho Fook, 10 Cheung Shin, and C. Mooney (secretary).
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[March 9, 1907.
Trade is greatly depressed and times are hard, it is true, but it is also true nevertheless that the dividend we are to-day asking you to mao- tion is at the rate of 20 per cent, per annum- just bear that in mind. We hope and· trust times will not always be bad and with the return of general prosperity our turnover will be larger and our profits once more return to their old level. Some of your directors have served you long and faithfully, coming to your amistanos at a time when your Company was on the very verge of bankruptcy, and the stock selling as low as $8 per share. They have by devotion to your interests rescued your property, shown The notice convening the meeting having you some very handsome balance sheets been read, the CHAIRMAN said :- Gentlemeu, added to your assets large and valuable The professor gave at a great length his view we will, with your permission, follow the custom buildings, made many imprɩ.vements sad earned on the British law on the point. The gist of usual in Hongkong and consider the report and for the Hotel a goodwill which in itself in his evidence was, that the British Courts made accounts as having been read. We regret not a valuable saset. Gentlemen, be careful it a rule to invalidate the exemption clauses being able to lay before you an account show- how you make radical changes. Business inserted in a bill of lading on the ground that ing a much larger net profit than the one moves in cycles, and the hotel basiness is no free admission of the exemption of steamship under consideration. There is no disguising exception. Your Board is not of the usual companies from liabilities was detrimental to the fact that our business is not in as flourish-type, meeting weekly or monthly for half the public interest. Even if it were explicitly ing a position as it was several years ago Our au hour or so. All our members are in reality mentioned in the bill of lading that the ship-in come has been gradually but steadily decrea managing directors, meeting daily for the owners were not responsible for the damage ing month by month in several of our profitable transaction of business, and weekly have long done to or loss of cargo through the negligence departments, and those interested naturally sittings of never less than two and a half houra of pilots, engineers or others of the crew, seek for the cause of the existing conditions as duration, whilst once each week all the build- the shipowners were held responsible if well as the remedy therefor. We considerings are thoroughly inspected by one of the negligence were proved. Again, in a case the falling off in the receipts to be largely, if Board in company with the Manager and his of theft the shipowner was not exonerated from not wholly, due to the general hard es now
assistants. This is a long and tiresome the liability if the circumstances attending the raling, and which all seem to complain of so amusement for a Saturday afternoon. The theft were not specified. Opinion was divided bitterly. Those ou a sterling basis feel the Board generally tifins in the hotel so as to amongst jurists as to the application of the law pinch severely and find their monthly stipends be able to jauge of the quality of the food, to the ship's documents, but the majority of materially reduced now that exchange is so the style und manner of the service, the jurists agreed in the opinion that the law of the high. One hears on all sides of expenses donduct of the dining room, and to test the country where the documents were executed being cut doyu and of economios which must merits of the numerous servants, A different ' should govern,
of necessity be practised to make ends meet, Bol or "gang" serva the Directors each which alone is sufficient to acconat for the week, that their efficiency may be gauged, serious falling off in private inner parties, We would be glad toje ospe this duty sad many wines and liquors cousumed, extra megis, etc. others if the hotel could only be run without so Some, a considerable number, in lact, attribute much personal supervision and such constant this falling off eutirely to the closing of the and persistent detail, with the system of which main corridor; be that as it may, the closing was none of you can be fully cognisant. Having a measure made necessary by the use to which been a member of the Board but a few months it was put by many who had no interést or I can speak with perfect fisedom and I make no connection with the hotel. It had become reference to myself when I say your Board has nothing more or less than a public thoroughfare.been, and is, a very hardworking, painstaking, Minutes of a meeting of the Municipal and the toilet room situated therein was made conscientious body, deserving of your greatest Council held at the Board Room, Kulangsu, use of as public property would be. The praise for what it has done for your Company. Amoy, on the 12th February 1967.
passage was made offensive by men in various When I joined the Board a few months ago, Present:-Messrs. W. H. Wallace (Vice-stages of intoxication, so that it was high time I was amazed 10 find such perfect Chairman), A. F. Gardiner, W. Krase, the some means should be adopted to break up these system of accounts relating to all depart- Health Officer and the secretary.
objectionable practices and abuses when the ments, such
# 18 of details, and the 1. The minutes of the last meeting were Government ordered that the corridor be closed. thorough grasp of the situation by the read and confirmed.
The result has been satisfactory and pleasing. Board, I am telling you of these things because With your directors it is a constant study no one else can, and you ought to know them. how retrenchments may be effected without Our fees appear in the accounts; that our tiffia of course sacrificing effic sncy or interfering is not charged for is true, it being one of the with the comfort of the guests of the hotel. We duties of the members of the Board to eat it cannot increase the prices for board and lodg⋅ whether they relish it or not. Now then, if it ing paid by our regular monthly sidents, even your desire to enter into new arrangementa ne though we know these prices to be less in many to future management, either to lease the hotel justances than those charged by private hotels or elect a new woard of your own choice, we are and boarding houses in the Colouy. We are ready to resign our positious, individually or pleased to have them with ns, though they are collectively, bere
und now, so
do not allow not a source of much, if any, profit.
We are
your bashfaloess to deter you. You have but always glad to welcome any hiuts or suggestions to express your wishes for us to act. shareholders may feel disposed to make with Since the above has been written, a letter reference to improvements or policy in the
bas been received from Mr. Ramjaha with- management of the hotel, but, like most share drawing permanently his offer to lease the holders, you do not take enongu interest in your
hotel. Some days ago hɩ wrote reducing the property or its management to even attend the offer, which be now withdraws, with these meetings unless the dividend is a bad ouệ; then
words: -" In consequence of the great length you roll up in numbers to fight for more. of time your Company is t king to consider will mention just here that some of your sha e- my proposal, aud since the socounts for the holders ha re recently made a suggestion as to
second half of last year's working have been how your dividends" might be increased and published, I beg with much regret to withdraw your business greatly improved. Mr. Ramjahn my offer for the lease of the Hongkong Hotel has come forward with an offer to lose your Buildings, etc., for the present. The first hotel for a period of ten years on certain
letter received was dated Jan. 9, 1907. W. terms and conditions. He has not, however, concluded, however, not to alter what had been been able to convince us that his offer is good already written, that you might have some know- enough for us to recommend it to you for ledge of what bad transpired.
Before propos- acceptance. We bare given it the carefuling the the adoption of tasseport sad socounts, consideration an offer of this obaracter I will be pleased to answer any question you hare gone inco figures racy would like to ask. I would also like to say that carefully and exhaustively and although Mr. | the typhoon of September last damaged our.
umjahn assures
to the extent us that he is confident that property
of shoot $6,000 ander his management the property would
Mr. KUMJAN-I think it is right of me to improve greatly and the hotel become more ank you to read the remaining portion of my popular and be more thoroughly appreciated letter; you have only read a portion of it. I by the general public than it is at present,
think it will be beneɗcial to the interests of the and at the same time saable as to pay larger dividends, as well as leave a large margin | of profit for himself, a study of our Agures The Chairman-I read only that portion for the past
yours bas led us to because I thought it was the only part which conclude it would be unwise to accept this offer. " boye on the subject we were discusing. If you
2. A letter was read from Mr. Lim Nee Kar with reference to the public road he is anxious to acquire, and the Secretary was directed to inform him that the Council cannot alter the conditions contained in their letter dated 31st ulto.
3. Plans for new Goal, Police Barracks, Municipal Offices and Secretary's house, were submitted by the Secretary, and be Was instructed to advertise for estimates for same.
4. The Superintendent of Police reported that the following cases had been dealt with at the Mixed Court since the last meeting :- Summonses: Breach of Municipal Regulations 7, kidnapping 1, debt 2, Summary arrest: Kioting 11, assault 1, drunk and incapable 1, Robbery 4, being in possession of stolen property 2, embezzlement 1.
(Signed) W. H. WALLACK,
Vice-Chirman.
THE CANTON-HANKOW RAILWAY.
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At meeting of shareholders of the Can on-Hankow Railway Co. beld at the office of the Company in Canton, the matter of advertising was brought forward, and it was pointed out that there were DOW 60 many Chinese newspapers that if advertisements con-
demands; we the railway were to be inserted in cerni. all of them, the expenses would be very heavy. It
therefore proposeri anarimously agreed to insert such advertise- Guly a few Chinese papers of recble standing, which were well known to 1 fair and just in their reports. The journals selected were the sat Sup Yee Hong Sheung Po and the Trung Sheung In l'o of Canton, as well as the Chung Ngoi San l'o (Chinese Daily Press), of Hongkong. Share holders, are notified to this effect.
men >
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company and in justifiestion of mywif if you read it all.