Intination.
WM. POWELL,
LIMITED.
‘ALEXANDRA
BUILDINGS,"
Des Vinx Road.
FURNISHING
THE HONGKONG TELEGRAPH, TUESDAY, MARCH 21, 1905.
Auctions,
PUBLIC AUCTIONS
received
THE CHINESE ENGINEERING. AND MINING CO. CASE.
CHANG VEN-MAO V. MOREING AND OTHERS.
©THE FOURTEENTH DAY,
THE FINAL HEARING,,
On 11th uit, Mr. Justice Joyce 'concluded the hearing of the argaments in this action,.
Levott, K.G, falshing his reply on the whole case.
He submitted the defendants induced Chang to events the conveyance by false representa
Intimations.
THE WORRIED WOMEN. They say men must work and women must weep; but alas, in this 'too busy world women
Tfrom the Official Receiver in Bankruptcy, ut ulta alien continel furth wa 3: Continent dos Cients was hailey should tell use toerty Their holidays are too few and their work The hearing of the case was continued onions. The only scheme disclosed to his often have to work and weep as the same time.
to sell by
PUBLIC AUCTION, TO-MORROW,
the 22nd March, 1905, at. IA, at Hop Yick's Godowns, West Point, The following Merchandise-
No. 1 GODOWN-873 pieces Copper, 35 bags Rangoon Beans, 1 bags Cow's Hide Glue, 250 bags Brown Sugar Candy, 250 bags Dark Brown Sugar,
No. 2 GODOWN- bags Illack Pepper, No. 6 GODOWN-7.200 Small Wood Stick,
No. 7 GODOWN-587 bags Starch Flour, 64 bags Rangoon Beans, ja bags Cow's Hide Gine, No. 8 GODOWN-8 bags flick Pepper, 99 bags Ground Nu (no skin). 71 baskets Black
DEPARTMENT Java Suger, 194 bags Rangoon Wheats,
FIRST FLOOR BY LIFT.
NOW
ON SHOW
NEW LACE
CURTAINS.
MUSLIN
CURTAINS.
ART
SATEENS
and many dainty
ART FABRICS
suitable for
HOUSE
FURNISHING.
GENTLEMEN'S
DEPARTMENT,
28, Queen's Road.
OPPOSITE THE CLOCK TOWER.
BOOTS!
BOOTS!
BOOTS!
A New Lot of
BROWN CALF
AND GLACE
KID BOOTS JUST ARRIVED. SMART SHAPES
AND FIRST-CLASS QUALITY & FINISH.
New Half-Hose,
Silk Underwear,
and
Exclusive Neckwear.
INSPECTION INVITED.
Wm. POWELL, Ld.
HONGKONG.
Hongkong, 18th March, 1905.
No 9 GODOWN-174 bays Black Pepper, 222 bags Ground Nut (with skin).
No. 10 GODOWN-1,327 bags Ground Nut, 30 bales Tobacco Leaves, 36 bags Chinese Medicines, 223 bags Light Brown Sugar Candy, 57. bags Glutinous Rice.
No. 1 GODOWN-377 bags Sugar Candy. TERMS As usual.
PUBLIC AUCTION.
~HE Undersigned have received instructions
Tfno C. TONES, Etq, to sell by
PUBLIC AUCTION,
ON
MONDAY,
the 27th March, 1905, at 1.30 PM, within his residence, No 2, Tough Hill, The Peak, THE WHOLE OF HIS VALUABLE HOUSEHOLD
FURNITURE,
THEREIN CONTAINED,
Comprising:-
the arguments for the defence,
Hoover then
His Lordship said nobody objected to that. Mr. Hamilton said he did; most emphatically. His Lordship sai, Mr. Levett asked simply for a declaration, and not for an order to carry
it out.
that the memorandum ander seal of February Mr. Levelt, said he asked for a declaration
heavy and monotonous. It makes them nervous and irritable. The depressed and worried woman loses her appetite and grows thin and feeble. Once in a while she has spells of palpitation and has to lie up for a day or two. happens to prevail she is almost certain to have If same disease like influenza or malarial fever
an attack of it, and that often paves the way for
organs and there is no saying what the end chronic troubles of the throat, lungs and other
may be. Let the tired and overladen woman rest as much as possible; and, above all, place at her command a bottle of
It
WAMPOLE'S PREPARATION
Intimations.
YOU WANT
PROVISIONS
AND
WINES
IN
1905.
GET YOUR SUPPLIES
FROM
(SUCCESSORS TO
.G. GIRAULT)
is effective from the first dose, and probably A. CHAZALON & Co. one battle is all you may need. It is absolutely reliable and effective in Blood Impurities, Melancholy, Chlorosis, Impaired Nutrition, Nervous Dyspepsin, Wasting Conditions,
Scrofula, Low Vitality, and all troubles of the Throat and Lungs, Dr. E. J. Boyes says: " have found it a preparation of great merit. ta a recent case a patient gained nearly twenty pounds in two months' treatment, in which it was the principal remedial agent." It carries the guarantee of reliability and cannot fail or disappoint you. Why accept a substitue? Sold by all chemists.
8
19, 1901, is binding on all the defendants, with CHINA SUGAR REFINING COMPANY, liberty to apply,"
Mr. Rufus Isaacs: You do not ask for that against Mr Moreing?
LIMITED.
NOTICE.
for 375,000 shares, that £100,000 should be raised by shares and that there should be Mr. Haldane, KC, in concluding his argu-200,000 shares as promotion money. He was ment, said his theory of the whole transaction taking the case as much against himself as was that the ren! contest was not about Clause possible, because Mr. Hoover said that 100,000 7 of the memorandum. What happened was
shares was the highest figure mentioned. In that in the summer of 1900, in order to avoid received 375,000 shares out of 1,000,000 which the event which happened the old company the action of the Powers, there had been on
was little more than one-third of the agreement executed, under full powers vested capital, and the company got no cash at all in Detring, under which there was a complete carried out, there would have been a total under the agrement. If the Jnly deed had been transfer of the property of the company share capital of £675,oco, and the company Nothing else would have been of any use, would either have had cash or a liability on because the very purpose of the formation of the shares of 100,000. In that case the old the new company and the transfer to loover company would own more than half of the was to put the, company outside the Chinese accruing to the old company therefore amount shares of the new company. The damages dominion and vest it in British subjects for the ad to £187,500, which he claimed against of women. It is platable as honey and con- a true and sure remedy for the ills and maladies purpose of getting protection. It was contem- Moreing and his firm, because the plaintif ploted that possession should be taken ander was induced to execute the conveyance which tains all the nutritive and curative properties of the agreement of July 30, 1900.
enabled the defendants' plans to be carried out,
Pure Cod Liver Oil, combined with the Cam- came on the scene with the proposed altera-that there was no need to raise the £500,000. Extracts of Malt and Wild Cherry. Search the Counsel asked his lordship to find as a fact pound Byrup of Hypophosphites and the tions. The object of the alterations was to and that, so far from that being a benefit to the world over and you will find nothing to equal enablo Mr. Hoover to make a profit for those sir. Moreing that it was a good bargain was it. Taken before meals it improves the nutri company, it was a burden. The statement of HUGHES & HOUGH,
he represented, and therefore it was desirable Government Auctioneers. that he should not be described in the agree-finished his case against Moreing and against easier to assimilate, and has carried hope and not correct, and could not be sustained. That tive value of ordinary foods by making them Hongkong, 21st March, 1905.
1384ment as trustee for the company. With regard him he asked for an inquiry as to damages. good cheer into thousands of darkened homes.
to the suggestion that Mr. Hoover came out as As to the company, counsel submitted that, trustee for Mr. Mareing, Counsel said that with the exception of Mr. Morcing, the com: Mr. Moreing was only one of a number of any deliberately proceeded to get whole and s le control of the property of the company, promoters who were anxious to get what it was impossible on the evidence to sustain they thought they were entitled in. Among the proposition that they had honestly carried these promoters were his Excellency and out the agreement. Up to the time Mr. Ilaldane expressed in Court his willingness to Detring. Detring had stipulated there should curry it out, they had deliberately refused and be 50,000 shares for promotion remuneration to neglected to do that. He was going to ask his his Excellency and himself, and it was evident fordship to make a declaration simply in the that Detring suggested there should be part of terms of the first clause of the claim with the capital issued in order to provide for these
liberty to apply. Sooco sbares, and that other shares should go to the promoters. Mr. Hoover proposed an arrangement to Mr. Detring, which Detring SILK TAPESTRY-COVERED DRAW. accepted as part of the machinery. His case ING ROOM SUITE, TEAKWOOD OVER was that when February, 1901, arrived Chang MANTELS with BEVELLED GLASS, took exception, not to a particular clouse about CANTON BLACKWOOD WARE, TEAK WOOD EXTENSION DINING TABLE his position, but he threw over Mr. Detring, to and CHAIRS, BRUSSELS and TIENTSIN stipulata for something further than the CARPETS and RUGS, SHANGHAI CUR. T. 500,000, and it was over that further sum TAINS, BRASS BEDSTEADS with WIRE that the squable between Chang and others
HE TWENTY-SEVENTH ORDINARY and HAIR MATTRESSES, PICTURES, took place. Petring was just as angry with
HOLDERS of the Company will be held at TEAKWOOD WARDROBES with BR- VELLEDGLASS, MARBLE-TOPBUREAU Chang as anybody else, because he thought cours. His learned friend formulated his case the Offices of the General Agents, on THURS- with BEVELLED GLASS, MARBLE TOP Chang was going back on the bargain. In the at the end of the opening, and at the end of DAY, the 23rd March, at Noon, for the purpose WASHSTANDS, MARBLE BATH TUBS, result the supplemental agreement was drawn up by Honver and Mr. White-Conper, with the ol ject of putting things right. It was not done for the purpose of altering the basis on which the sale to the British company was to take place, but for the purpose of introducing provisions which would secure to Chang some further money.
The construction which had been put on Clause 7 by the plaintiffs was merely a new way of trying to unrip the registration of the company, and get the title out of the people who had bought and paid for the property, The Chinese authorities proceed the relief which he asked from the Court was Mr. Level, in concluding his reply, said that ed on the basis that Chang had sold the pro-(1) A simple declaration that the memoran nerimaulanzished.kimiallese Atvernment'or part of its property. It was clear on the evidence that Chang knew he was getting the 50,000 shares as profit, but that in China, as here, it was sometimes inconvenient to tell your shareholders everything. On the face of it the Court had only to determine the rights of the parties. But if the Court made the declara. tion that was asked for it would go forth in China that the English Court bad declared that Chang-yen-man had entire dominion over the property. The Government at Peking would act accordingly and take back the pro- perty in entire disregard of the rights of every Counsel asked his Lordship either to construe the memorandum and say what it meant, or if any declaration must be made, then that it should be expressly without pre- judice to any question of construction. If no TUESDAY, 4th April. construction were to be placed on the docum. ment the Foreign Office would be considerably embarrassed. The Court had not to deal with THURSDAY, 6th April.
an ordinary case, but one of far-reaching Complete Change of Programme each Concert. diplomatic significance.
The Programmes include a unique collection of NATIONAL BALLADS
&c.,
&
ALSO
&c. į
One AMERICAN MARBLE REFRI GERATOR:
AND
One COTTAGE PIANO, by M F. Rachais & Co., Hamburg, (in Good Order and Condi- tion).
Catalogues will be issued. Terms:-As usual:
HUGHES & HOUGH,
Auctioneers,
Houging, zist March, 1905,
་
[377
CITY HALL.
UNDER THE PATRONAGE OF H.E. THE GOVERNOR.
MR. EDWARD BRANSCOMBE'S
WESTMINSTER GLEE AND CONCERT PARTY
FROM LONDON.
FOUR CONCERTS ONLY,
FRIDAY, 24th March, AND MONDAY, 3rd April,
AND
of England, Ireland. Scotland and Wales, ALSO GLEES, MADRIGALS AND CATCHES. HUMOROUS MUSICAL SKETCHES, BY
Mr. DUDLEY CAUSTON. MADAME MARIE HOOTON, The Eminent English Contralto.
Mr. EDWARD BRANSCOMBE, The English Tenor.
WEISMANN, LTD.
and.
Mr. Levelt, K.C., replied on the whole case for the plaintiff, and said the important question was whether this wonderful specimen of Western finance was one which would be sanctioned by the court. The defendants had avoided the whole story. He submitted that the agreement did not authorise the borrowing of any morey at all. Mr. Moreing was to form the company and raise the working capital, but that working capital was on the face of it to be capital subscribed on the shares. Money borrowed was not capital in any shape or form. If Mr. Morcing knew that it was the intention tomise a million fully-paid shares it was untrue inny were slight watch postid en ble are to
parties to the old agreement,
Mr. Levelt said he did, because they were
Mt. Rufus aucs said he objected to that
tioned of this declaration that the memorandum the evidence, and there was not a word men was binding on Mr. Moreing.
His Lordship dissented.
would show that, except in the pleadings, the Mr. Rufus Isaacs said the shorthand notes declaration against Morcing had not been asked for.
His Lordship said he might not think that the memorandum was absolutely binding so as to raise a claim for damages, yet, still it night be binding to the extent that the defendants
were not entitled to retain the benefit of the so-called transfer without carrying out the provisions of the memorandum.
duulsen min die the defendants, with the plaintiffs had sustained by re fraudulent misrepresentations of the defendant Mercing contained in certain specified letters; (1) an order for the payment of such damages by the defendant C. A. Moreing and his firm (4) an inquiry what damages the plaintiffs had sustained by reason of the memorandum not having been carried out; and (5) payment of the defendant company of such damages. ile asked his lordship to say that on the letters there was more than enough to convict of deceit and fraud. He did not believe that if the order he asked for were made there would be the slightest difficulty. The learned counsel then dealt at length with the different grounds of defence that had been set up, contending ibat neither on authority or principle was there anything to prevent the plaintiff from ssing in this country. As to the defence of the company that to carry out the provisions of the memoran dum would be ultra vires, it was not gend in law. There was nothing to prevent a company by its articles appointing a director-general with absolute power to do everything except what was required by statute to be done by the shareholders in general meeting. The seat questions were, Had the Chinese company been deceived?" And had the defendant com pany any honest ground for refusing to carry out the terms of the memorandum? If the Court was satisfied that the answer suggested by the plaintiff to those two questions was correct, then the plaintiff would be entitled to damages against the defendam Moreirg, and Chaug Yen-inno would be able to go back to bis own country and satisfy his Government that he was ant guisty of the charge which was laid against him, of fattening himself at the expense of his country.
His Lordship said that he would consider his judgment intimating that he would not give it fill after this week.-L. C. Eapen, 17th Feb
COMMERCIAL.
TO-DAY'S EXCHANGE.
Sells.
ondon--Bank T.T. Do. demand........ Do. 4 months' sight France-Blank T.T....... America-Bank T.T. tedia T.T......... Germany-Bank T.T.
Do. demand Shanghai-Bank T.T. Japan-Bank T.T. Java-Bank T.T.
...110 7/16 ......... 101
2.34
...45%
1.91
139
139
71
91
ment would enable him do it. No doubt there was a sort of under- standing that there were to by 200,003 "free" FOUR BOY SOLO SOPRANOS, shares, but that was a very different thing from what was done-viz, lo issue the whole of the I eading 1 andan Cathedral Choristers.
Eco,000 shares as fully paid, the promoters. Box Plan KODINSOK PIANO Co.
taking 625,000 and saddling the company with a debenture debt of £50,000. Counsel then Concert 9-11, P.M. Prices $3,2 and I,
commented severely upon certain 'elters, par- 7361 Bangkong, 14th March, 1905.
ticularly one of November 9, 19:0, written by the defendant Moiting, characterising it as dishonest, and claiming that it rendered him liable to an action of deceit. With regard to what had happened after the formation of the company, there had been a deliberate refusal to carry out the terms of the memorandum. The letter stated that a Chinese Board hari been created, and that Chang had been made director-general for life. When a person made a statement which was untrue in fact he must give a very good explanation why he 4 months' sight L/C. made it, and the presumption was, unless 6 months sight L/C. he explained it away, that it was made 30 days' sight San Francisco & New York...46
4 months' sight
do. fraudulently. The letter was written with a view to inducing Mr. Delring to agree to the 30 days' sight Sydney and Melbourne alterations against the new company. He 4 months' night Francs m
6 months' sight asked for damages for nat appointing Chang director-general, and against Mr. Morcing he 4 months' sight Germany asked for damage in respect of the watered Bar Silver....... shares, He asked his Lordship to hold as a fact Bank of England rate that the new company deliberately refused to carry out the agreement with respect to the appointment of a Chinese board, and that when Chang left for Germany the whole of the acts
TH
(CAFE WEISMANN.) THE place par excellence in Hongkong for Refreshments of all descriptions. Facing the Post Office, Queen's Road, Central.
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of the Chinese directors were ignored. The Halwa New board of directors had treated it as involving
17
Buying.
Accounts for the year ending 31st December, of receiving the Report and Statement of
1904.
will be CLOSED from eth to 23rd March, The TRANSFER BOOKS of the Company both days inclusive.
JARDINE, MATHESON & Co., General Agents, Hongkong, 4th March, 1905.
[312
LUZON SUGAR REFINING COMPANY, LIMITED.
NOTICE,
6, QUEEN'S ROAD CENTRAL,
Opposite Connaught Hotel,
Who are Suppliers of High Class Wines, Spirits and Provisions,
French Bakers,
Navy Contractors,
and
Commission Agents.
BRANCHES.
THEN
ANNUXE WEETINU. ORDINARY | HONGKONG, SHANGHAI, HANKOW,
HOLDERS of the Company will be held at Street, oa MURSDAY, the #510 wib Zhp ản 12.30 P.M., for the purpose of receiving the Report and Statement of Accopats to 31st
December, 1904.
The TRANSFER BOOKS of the Company will be CLOSED on the roth 10 23rd March, bath days inclusive.
JARDINE, MATHESON & Co., General Agents. Hongkong, 4th March, 1995.
[371
THE CHINA AND MANILA STEAMSHIP
*COMPANY, LIMITED.
THE TWENTY-SECOND ORDINARY
GENERAL MEETING SHARE- HOLDERS in the above Company, will be
held at the Company's Office, St. George's SATURDAY, the 25th March, 1905, at 11 A.M., Building, No. 6, Connaught Road, Victoria, on for the purpose of receiving a Statement of Accounts and the Report of the General Managers for the year ending 31st December,
1904,
The TRANSFER BOOKS of the Company
will be CLOSED from WEDNESDAY, the 22nd March, to SATURDAY, the 25th March, both days inclusive.
SHEWAN, TOMES & Co. General Managers. Hongkong, 10th March, 1905
[349
CAMPBELL, MOORE AND COMPANY, LIMITED.
NOTICE TO SHAREHOLDERS,
THE ANIMAL MEETING & SHAREY
or HOLDERS in the above Company will be held at the Company's Offices, No. 29, Queen's Road Central, on FRIDAY, the 31st March, 1905, at Noon, for the purpose of receiving the Keport and Statement of Accounts for the year ending 31st December, 1934,
The TRANSFER BOOKS of the Company will be CLOSED from the 19th to the 31st March, both days inclusive.
By Order,
M. A. A. SOUZA,
Secretary.
Hongkong, 15th March, 1905.
[373
ESPECIAL OLD TOM GIN.
112) | Marshall and
.T/ID
461
2.381
2.40
1.95
2, 3
Elvy's
Satinett
OPIUM QUOTATIONS. To-day's quotations are as follow
Per picu!
@ 1,150
Old
@ 1,180
"
Older "- Oldest
@ 1,275
...@ 1,380
Per chest
Patna New
1,137
Mr. Levett had not concluded when the Court gl
Henares New
1.075
Persian (Paper) gerente
780/910
no liability on the company and as having no legal effect. They had practically ignored it. The defendant Moreing bad, perhaps, dis
The Weissmann Most Up-to-date Café sociated himself from this course, but he had
in the Orient.
[35 Hongkong, 17th December, 1904.
not resigned his position on the board.
DOUBLY DISTILLED
AND OF "MATURED AGE,
TO BE OBTAINed from—
THE MUTUAL STORES, Des Voeux Road.
Hongkong, 17th May, 1904,
* Echruary, 2005.
THE WIN,
SUPPLY CO.
TRADE MARK
BARRETTO & Co, General Agen's, Hongkong,
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Per cask of 8 dozen prints $24.00
4 quarts $19.09.
53
BARRETTO & Co.,
Agents,
Non 12-24, Bank Buildings, Queen's Road Central,
[53]. Hongkong, 16th March, 1905,
[42
ご