GRO-LIQUIDATOR SUED.
INTERESTING SUMMARY COURT CASE.
CLAIM FOU A GERYAN'S REST.'
"the tenant
Therefore,, his client had been paying for the house during four months, and sho was claiming from the defondant the money he would have had to pay her. He contended that the pro-- position put forward in the claim was thus perfectly reasonable Owing to
inevitable necessity BONIC had to leave the house, but his client had to go wnd pay her landlord. His client had made an offer to the defendants for them to pay what she paid to steers. Davits, oblivious of any Linstead & extra, int he hire which que huid had to sir.. Dixon said that they did not dony as liquidators appointed under the Alim atitude had been perfectly wetsonable. nemies, "(Winding up) Ordinance, 1914, The question for the Court was whether, of the personal affairs of B. Beiken,in point of law, his clients, who were sued as liquidators, were responsible for the
A sequal to the internment of Germans in the camp at Hunghom was heard at the Sunbury Court yesterkey, when Mrs. Hiekie, of Mont pelier," and Queen's Gardons Peak Rond, Rued Messrs. Lowe, Binghars and Matthews, as liquidatons of the affairs of 3. Boilken, an alion enouny new interned prisotiers' camp at Hunghoin.
pay, but ofter was
THE HONGKONG DAILY PRESS, THURSDAY, MAY 19TH, 1915.
ALLEGED WHOLESALE
FORGERY.
CONCLUSION OF YUE HING COMPANY SUIT.
COMPANY REPORT,
THE HONGKONG ELECTRIO CO.,
LIMITED.
The report of the Board of Directors is
At the Supreme Court: yesterday then follows Chief Justice (Bir Wm. Rees-Davies, GENTLEMEN,Your Directors inve the K.C.) delivered judgment in the matter pleasure to submit the accompanying of the Ya Iling Company, Limited, the Statement of the Company's Accounts for
This Balance a Credit of Profit and hearing of which action occupied the the year ending 29th February, 1915. Court for an abnormal, length of time. The shareholders p'titioned that the Loss Account is $410,375.60; and after de- Cart should order the wir dingonp of the daging Directors. Foss (83000) there re- Company, which was incorporated inning a sum of $413,375.00 available for appropriation, and your Directors recom.
Plaintiff claim was against the defendants for one moment that the plaintiffs April, 1912, and was established to carry | mend that this be disposed of as
1
controversy."
:
follows:
Shares
for depreciation
To write off Furniture Account To pay a Bonus to Staff
for depreciation. To marry forward to uest Ac-
INTIMATIONS
LANE
CRAWFORD&Co.
(Thermonu 1741)
Ex "LAOMEDON,"
$120,000.00 70,000.00
145,316.26
LACE
10,000.00
€39,33 7,705.97
59,760.09
8419,375.00
on the business of raw opium merchants.
In the cours of a learned judgment. To pay a Dividend of 20 per centi...
Say, 82 per share on 60,000 formerly Superintendent Engineer of the rent. He hoped to satisfy his lordship, his lordship said that numerous charges
on the latest decisions and text books of fraud and forgery of documents were To place to Reserve Norddeutsche Lloyd, and the amount was $140, buing rent of No. 26, Belitios written since the war, that no interned
German could be liable for rent. He alleged against the respondents' wit-To write off Plant, Acroant. for
depreciation Terrace for the piontlis, of November and then quoted Halsbury to support his conses, whilst allegations of the rankes To write of Property Account. Docember 1914, and January and Feb- tention, that a contract could be conclud-perjury were common to both sides to the Yuary 1915. at 8110 per month. At the ended by an Act of State, such as the declaration of war, Mr. Dixon also
"I am constrained to observe," said of October Beilken was interned as quoted Trotter in regard to the suspen- prisoner of war, and in such circumsion of contracts, and said that the one his lordship, "that the circumstances in
Case concerned in the
could not be stances he abandoned the premises.
It would. he contended, this case are probably unique, and it is Mr. Holmes appeared for plaintiff, and suspended. Mr. Dixon, (of Mesura Wilkinson and be mos inequitable for the Govern not inconceivable that a care of this ment to hold Beilken liable; on the character, covering as it does an extra- trist), represented the defendant firm.
one hand, to put him into prison, and Mr. Holmes said that in that case the then to have the privilege of making him ordinary field of alleged criminality, has facts were set out rather mure fully than liable for all sorts of legal actions. It never and could never have a precedent in was taal in the writ of summons. The would be most inequitable for the Govern the English Courts." case would resolve itself into an argu- ment on a point of law whether the internment of the defendant operated us nullifying his contract.
Mr. Dixon agreed to this Mr. Holmes went on to say that the real question to be agreed was whether The notion of the Government in interaing defendant in the camp at Hunghom nullified the contract in regard to the taking of the house.
His lordship said he was clearly of opinion that the combination of circum- stances disclosed in the affairs of this Company required him to order its being. wound up, and be accordingly did so.
must be paid out of the estate, the parties The costs of petitioner and the Company appearing who opposed the petition to pay their own costs.
His lordship, in conclusion, said--I de
ment to do this. The American view of the mattor was that the lease should be suspended during the war. Mr. Dixon again referred to Halsbury, and pointed out that the Government was & phreon with a title paramount," and that in the event of war the whole thing was tended Ordinance, 30 of 1914, and he void. His last point was based upon the contended that under this the liquidator was only entitled to pay for premises which were occupied by the liquidator If Messrs. Lowe," Bingham & Matthews made a payment like the one asked for, they might get into trouble afterwards.sire to add that Ku Yin San (a director That was the reason why they came to and one of the managers of the Com the Coust to ask for directions. The
pany) has been guilty on bis own admis Ordinance referred chiefly, to German business premises. If the property under son of most reprehensible conduct, and notica had been business premises there had he been the petitioner I could have would have been no doubt as to the course dealt with him in the apportionment of to be pursued, but as it was private pro for him briefly to refer to the particul:perty a doubt had arisen which they costs, but there is no power under the would like his lordship to clear up. He circumstances to mulet him as I "should, would, however, ask his lordship to say have desired to do that owing to the outbreak of war they. the defendants, were dissolved front their part of the contract
Mr Dixon-Nullifies or suspend the contract or not, that is the real question.
Mr. Holmes added that they were agrood on the facts referred to in the Particulars and it would only be necessary
count
Dirietors. In accordance with the well and J. W. C. Bonnar retire, but, Articles of Association Messrs. 8. H. Dod being eligible, offer themselves for re-
themselves for re election,
Auditors. The Accounts have been
retires, but offers himself for re-election. audited by Mr. C. Bernard Brown, who
J. W. C. BONNAR, –
Chairman STATEMENT OF ACCOUNTS TO PETRUARY
28ru, 1915. BALANCE SHEET. Lisbilities
Capital:
60,000 shares each 810 paid
up
Reserve account
Sundry creditors Dividends unclaimed
Profit and loss Recant Undirled proft as
per last noonurit 8 31,608.16
Net profit for the year ending 29th February, 1016. 381,707.00
Assets.
for depreciation 0.121,562.00
8527,442.98
Cost of pinat,
since added ......... 238,539,62,
in order to clear the way for the appli cation of certain cases. His lordship
Mr. D. McNill and Mr. F. C. Jenkin Plant and mains: ac count, cost of, as would see that the contract was one of
(instructed by Mr. Crow, of Mosers. Hast-per last account....$610,005.88 teaaney, and the tenanity was for one
Mr. Holmes subsequently briefly subings & Hastings) appeared for the peti. Less amount provided your. During that year defendant was
mitted that under the latest Ordinance interned, and now his client was in the the claim was really against the defentioners, and Mr. C. G. Alabaster and Mr. position of landlord and defendant dant, and not against the liquidator. Bidon Potter (instructed by Mr. C. È, H. -tenant. The tenner commenced on May An action against the liquidator was! Beavis, of Messrs. Wikinson & Grist) ap- ist, 1914, and just prior to November the binding upon the lien enemy who peared for the Yue Hing Company.
cetate or personal property he was wind defendant abandoned the premises being up. Any judgment of his lordship cause of his interniment. He left the would thus be binding upon the defen house vacant and in the hands of plein dant and his private affairs, It, he said, the defendant had been able to re-let the tiff, who endeavoured to let it to someone house at a profit when he went into the
W53 up she else Before the year
camp, his client would still have to wait succeeded in arranging for somebody else until the contract was finished, and the to take the house, and thereupon, of would be bound by her contract.
Judgment was reserved." course, defendant was released from any However, further claim under the lease.
between the time of abandonment of the premises by defendant and the re-letting there was a gap of four months, and it; was for this period that plaintiff was olaiming; the new tenant came in on
LOCAL SPORT.
RIFLE SHOOTING.
(2) 11
BRITISH PRIZE COURTS.
The following extracts from the Lon
formation-With-reference to the pro- den Guerlic are published for general in ceedings before the Prize Court in Saint Lucia in the cases of the steamships Lorenzo and Thor, information has now been received to the effect that the appli: cations for admission of am appeal against the orders for condemnation of theas ships stand dismissed, the appel lants in each case having failed to give
Property, cost of
land and buildings
per last account $105,000.00. Les amount provided order
for depreciation
25,000,00
8.80,000.00
40,430.00 Instaliation material, stock of. Stures and coal, stock of ......... Tools, etc., stock of........... Furniture, cost of, a
Cast-of-Janch, since
addled
por last account....8 1,090.53 Less amount provided
630.53 for depreciation
$ 800,000.00.
180,000.00 10,223.70 18,002.23.
$416,375.00 $1,175,091.05
763,976.00
120.430.00 69,996.02 12,842:22 2,554,95
633,34
1,133.34
2,150.00
137,092.49
70,016.08
The following will represent the Volun.security in accordance with the orders of
the Court dated November 24th.
Cost of furnituro, Information bas been received that sinco added March 1st, 1915, Mr. Holmes then referred tæers in the League Match against the to the Laws of England, Vol. 18, "Land-Taikos Rifle Club and the Shropshires to progredings have been instituted in the
Prize Court in Halifax, Nova Sectia, inInsurance, value of unexpired
portions of policies... lord and Tenant," and quoted a case be shot off on Saturday, the 15th inst. respect to certain cargo claimed as prize
Appearance Sundry, Debtors which he contended had a distinot hearing at 2:30 p.m., at the Taikoo Range: ex the str. Sandefjord.
In this case. Capt. G. G. Wood, Serg-Major G. should be entered by all persons clair Hongkong and Shanghai Bank-
ing Corporation un the one under notice. owing w war, defendant was unable, so Duncan, Sgt. J. A. E. Bullock, Sgt. Ving an interest in the cargo as soon as The following are further results of he said, to continue in personal occupa Sorby Corp. M. Manuk, Bombr. E. H. possible.
Farrell, Bombr. A, J. Martin, Guany. G.
proceedings befors British Prize Courts oversea:-Before the Prize Court of the To agener and office expenses... Supreme Court of Falkland Islands the rent and taxes Netherlands ship Josephina and the cargoTo insurance
YACHTING.
ROYAL HONGKONG YACHT CLUB.
Ho was sent to a | Green. tion of his house. prisoners' camp, yet he could have sub-let his house if he were able to find a fant, That applied as nearly as possible to the present case. Defondant undertook to occupy the house for year. He was unable personally to occupy it for this period, because as he said, he had to lease it. owing to infernment, which was an act of the Government and that so far as he
Mr.
OFNONE CUP.
NEW STOCK OF
CURTAINS
BRITISH MANUFACTURE
OF THE BEST QUALITY.
THESE GOODS ARE SPECIALLY MADE FOR US AND WILL
WASH AND WEAR WELL.
4 Yards 4 and 5 Yards Long,
EFFECTIVE DESIGNS IN
WHITE AND IVORY.
From $5.50 to $25.00 Per Pair.
LANE, CRAWFORD & CO.
PRINTING & BINDING
OF EVERY DESCRIPTION EXECUTED AT THE OFFICES OF THE
“HONGKONG DAILY PRESS,”
WHICH ARE REPLETE WITH ALL THE LATEST AND MOST UP-TO-DATE APPLIANORS FOR THE PROMPT PRODUCTION OF
HIGH-CLASS WORK.
ILLUSTRATEDI CATALOGUES.
PRICE LISTS.
CIRCULARS.
BALL AND CONCERT PROGRAMMES.
INVITATION CARDS.
VISITING CARDS.
AND
91,175,691.65 COMMERCIAL STATIONERY
PROFIT AND LOSS ACCOUNT.
Dr.
8,000,00
12,343.57 9,988.55
OF EVERY DESCRIPTION
WITH NEATNESS, EXECUTED
ACCURACY AND DESPATCH 1,590.00 UNDER EXPERIENCED EUROPEAN SUPERVISION, AT REASONABLE
200:00
10.048.32 FRICES.
394.707.50
8. 420,787.94
Cr...
of coal was condemned. Before the Prize Ta subscription to Prince of Court in Egypt the German ships Wales' Fand:... Altair, Andrus, "Haidar Pascha, Estrin To auditors' fees and the Paros were condemned. The To bad debts The race for the above Cup, kindly Austrians.s. Marquis Barquehète was To net profit
the end of the war. In the caso of the presented by the Hon the Colonial Secreordered to be detained for restoration at tary was sailed off on Saturday last in German 8.3. dehaia, Derfinger" and "Sud-
fresh north-easterly breeze over the mark these vessels were condemned, but By net profit on working an application for leave to appeal to the By erip and transfer fees following course:-Starting from
Committee 133 the Privy (By interest imaginary line drawn from Murray Pier Judicial to a Mark Boat out in the stream, Lyemann Council from the Order of Condemnation Beacon (8), Kowloon Rock, (P), Channel had been granted. The Emil, Heligoland The Pilos, was Rock (5), Cust Rock Buoy (P), Meyer's and Rostock were also condemned by the Distance, 10 mile. Egyptian Prize Court.
condemned, but application for leave to appeal to the Judicial Committee of the Privy Council from the Order of Con demnation has been granted.
East Baor (P). The result was as follows:
(defendant) was conecrned, he contended that his contract was finished Holmes then quoted a case in which a huuse had fallen down, and said that even in this case the tenant was liable to pay the rent just as though the houshad fallen dowa. Thus, he contended, that "in this case also the rent continued to be
payable. Dealing with the point of Miranda "inevitable necessity" Mr. Holmes quid Oenope that in a case of a tenancy, if a teaant Queen Bee...
Tuttan
Flora
Heap, on Finishing Corrested
Course Time
Tima 31. B. H. M. 8. H. 11, 8. Scratch 4.14.44 4.14.44
1.40 D.N.F. 5.00
4.33.33 4.28.38 5.00
D.N.F D.N.F. 6.40 4.24.39 4.17.0. 25.00 D.N.S
25.00 D.N.F.
1st, Miranda. 2nd, Bentengden.
3rd, Quran Boc...
420,079.01 39.50 .669.49
BOOK-BINDING
IN ALL ITS BRANCHES.-
$420,787.54 MACHINE-BULING, GOLD-LETTERING, MARBLING, Erc. DAVIR LANDALE Directors
EXECUTED ON THE PREMISES AT THE SHORTEST NOTICE. C. P. CHATEN,
GIBB, LIVINGston & Co..
LAW WORK A SPECIALITY. Agents. Hongkong 7th May, 1915.
I report that I have andied the above Balance Sheet with the. Books and Vou-
• LEDGERS AND ACCOUNT BOOKS.
AT PRICES WHICH COMPARE FAVOURABLY WITH THOSE OF ANY
chers of the Company and that in my OTBE ESTABLISHMENT IN THE FAR EAST,
opinion such Balance Sheet is properly ARREST OF TWO CHINESE drawn up so as to exhibit a true and cor
¿ LIEUT.-GENERALS.
www.
reet view of the state of the Company's
ESTIMATES FURNISHED.
affairs at the 28th February, 1915, accord- 10A, DES VEUX ROAD. HONGKONG,
C. BERNARD Brows,
Auditor. - Hongkong, 7th May, 1015.
Irene...... wished to protect himself he must have a Dorothy I... 5.00 provim in the agreement, or embodied in Scotengden
According to the Asia Jik Puo twoing to the best of my information and his contract, that if he was unable to
Lieut. Generals, Chang Hu-chuan and the explanations giver me and as shown Yao Yu-ping, were arrested by the Autho by the Books and Securities of the Com- occupy the premises he must protect
rities in Peking Inet week. Both of them pany
I have obtained all the information and himmelf The Acts went so far as that.
were Commanders of Kwangtung troops If the tenant failed to insure it was t
under the rebel Tutuh Hu Han-ming and explanations I have required during the rebellion of 1913 both were Stocks have be valued and certiüsd to i his own risk. Again, if he entered into
suspected of being connected with the by the Manager. In contract and looked upon war és u
rebels, but the Government did not THE U.S. ASIATIC FLEET.
institute any investigation into their improbable, he thus failed to protect
Since the rebellion He should really protect him- himself.
Cablenews The Manila
says:We alleged disloyalty, self against “new of war or King's heartily endorse the sentiments expressed they have been living in the Capital, serr- enemies," in the same terms as insurance by Congressman Britton in regard to the ing as advisers to the Government. The We also believe, cause of their arrest is not definitely as he does, that the United States should known, but according to the paper, they Had defendant dans this he would have increase in the navy.
ere supposed to have some connection been covered, but no such provis had be represented in Manila Harbour by a
In China, with the rebels leen placed in the contract. As to the fleet worthy of its diguity.
second and third rate cruisers which are question of "reasonableness, Mr. Holmes too, we are represented by a number of
The Sultan of Turkey, if he removes said that the particulars showed that the a disgrace to our country and we earn-
to Koniah, will require a new flag. The plaintiff herself rented the premises from estly hope that when the battleship flest goes to the Pacific coast on the visit to another Inndlord. Her superior land the exposition, a few of the more power-right to fly the crescent and star blongs lords were Messrs, Linstead & Davis,ful warships are left thers permanently to the city of Constantinople; it belongs
eign. and the principal was Mr. Belilios. and that some are sent out to Asiatic to the Sultan only as that city's Sover
waters.
NEW CARTRIDGES.
ripn'er English Manufacturers B. Lo all Bore and Sizer.
SMOKELESS POWDER and CHILLED
HONKONG TRAMWAY CO. LD. SAOT, From No:10 to ESSG, at $5, $7 and The following are the Company's figures 17.50 per 100 SPORTING REQUISITES for the work ending May 8th
nd AIR GUNS in Viety. ..$ 10.496 Receipts Decrease as compared with corresponding week last Aggregate to date:—
year.
No. of weeks Total Decrease to date
Inspection Invited..
254
10
WY. SCHMIDT & Or,
209,TE
50,39.
Bongkang, 4th Fo'rasry, 1918.
朝—新外一中一港香
BUNG NGOI SAN PO (Chioses Daily `Prose),
PUBLISHED DAILY
in the oldest and still immoseursbly the beat Advertising medium among the
Native Community...
Bambilshed for over FINIT TRANG
Jironlater largely throughout Southern China.
"Indo-Chins'ate
Terms for Advertising (Translation free)one be obtained at the Offen, 10a, Des Vonn Hosd Cestral, Hongkong, 131, Fleet Street, Londen con trom-the rüülveent: Agenta./E
Dovu minula Krapsiared from or late Clastice? or Colloquial, Chinternic 2 har 5.