Intimation.
WM. POWELL,
LIMITED.
LADIES'
THE HONGKONG TELEGRAPH TUESDAY, APRIL 4, 1905.
Kutimations.
MOTHERS SHOULD KNOW. The troubles with multitudes of girls is a want of proper nourishment and enough of it. Now-a-days they call this condition by the leamed sams of Anemia. · Byt' words change na facts. There are thousands of girls of this kind anywhere between childhood and young Ladyhood. Disease finds most of its victims among them. They are too weak and frait to resist. Some of them are passing through the mysterious changes which lead up to maturity and need especial watchfulness and care:Alas, how many break down at this critical period;
CHINESE ENGINEERING AND
MINING CO.
JUDGMENT FOR THE PLAINTIFFS.
1
JUDGE'S STRONG REMARKS.
Mr. Justice Joyce, sitting in Court III of the Chancery Division on ist utt., delivered his reserved judgment in the case of “Charg | Yen-tau 7. Morcing and Others." The trial occupied his Lordship 15 days, and has already been reported by us. The paintiffs were his Exceller cy Chang Yen-mae" and the Chinese | Engineering and lining Company, of Tientsin, and they sought as against the defendants, Mr. Charles Algernon Mareing, Messrs. Bewick, Morcing & Co., and the Chinese
Identification has been initialled by two of the ́subscribers to the memorandum of association and the board shall carry the same into effect, subject to any modification, and so on. Now, it is sonfewhat curious circumstance that this draft bàs not been, and could not be, pro- duced at the trial. I am not at all ihre "what" it wis, if indeed it ever existed. I omitted to say that at an early period of the
I mentioned before- negotiations, which napely, in the month of August, 1900-the agreement I have mentioned of July 30, 1900, was executed. It purported to be a grant of an assignment in terms by Delring, as agent and attorney of the Chinese Company, to Ho- ver, who was the agent of the defendant More ing, apan trust, of all the property of the Chinese Company, and it was thereby in effect provided, among other things, that Hoover
| templated new company when formed.
DEPARTMENT, the story of such fosses is the saddest in the Engineering and Mining Company, Limited, a should hold the property as trustee for the can-
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INSPECTION INVITED.
history of home. The proper treatment migh: have saved most of these household treasures, if the mothers had only known of-
declaration that a memorandumn, dated Feb 19. 1951, signed by Mr. Herbert Hoover, the CHANG YEN-MAO'S OBJECTIONS. Chevalier de Wouters, Chang Yen-mao and
Now, his Excellency Chang, being urged by Mr. Gustav Delting, was binding on all the the defendants and the Oriental Syndicate, defendants, and for an order for the carrying through their agents in China, including Mr. into effect of the provisions of such memoran White Cooper, the solicitor from Shanghai, and dum. The memorandum provided for the also being advised by Delring, to transfer the a pointment of Chang ns director-general of property of the Chinese Company to this de- the defendant company for life, and for the
fendant company, personally objected, and, as constitution of a Chinese Board.
it has turned out very wisely, declined positive- T. Levelt, K.C., Mr. Gill, KC, Mrly to execute the transfer when submitted to Younger, K. and Mr. C. Lawrence appeared 'm because it did not contain any statement for the plaintiff; Mr. Hughes, K.C., Mr. Rufus of the arrangements for which he had stipulated isanes, K., and Mr. G. F. Hart, for the with respect to, among other things, the con defendants, C. A. Marcing and Bewick Marcing qutution and management of the new company and Co; and Mr. Haldane, K.C., Mr. W. F. into which the Chinese Company was to
amon, K., and Mr. Vernon for the defendant company.
In delivering his judgment, Mr. Justice joyce said:-
WIM'OLE'S PREPA"A TOY and given it to their daughters, they would have grown to be strong and healthy women. It is palatable as honey and contains all the nutritive and curative properties of Pure Cod Liver Oil. eximcted by us from fresis cod livers, canibined with the Compound Syrup of Hypophosphites and the Extracts of Mati and Wild Cherry. In building up pale, puny, emaciated children, particularly those troubled with Anemia, Scrofula, Rickets, and Bone and Mond diseases, nothing equals it; its tonic qualities are of the- highest order. A Medical Institution says: "We have used your preparation in treating children for coughs, colds and inflammation: its application has never failed us in any case, even The most aggravated bordering on a certain document called the memorandum of ipneu. The children like it, and it builds Feb 19, rgar, is binding on the defendants, up their bodies; many little children owe their and an order for the carrying into effect of the provisions of such memorandum. Alternatively, lives to it" The more it is used the less willant in the event of such memorandum being he the ravages of disease from infancy to old held not to be so binding, for either a declara- age." It is both a Inod and a medicine in that a certain other document called the modern, scientific, and effective from the first transfer of February 19, 1901, was obtained hy fraudulent representations and fraud of the dose. It never deceives or disappoiots, and is lefendants of their agents and ought to be set the merficinal triumph of our time. "There is aside, and an arder that the same may be set no doubt about it." Sold by chemists.
aside accordingly, or a declaration that the defendants are not entitled to retain the benefits the sand transfer, except on the condition of making good to the plaintiffs the obligations
2
EMPLOYE de competty at duja occupé,
nationalité Suisse, ayant Fimportantes fonctions dans de grosses maisons, connaissant à fond de comptabilité en partic double, parlant couramment le Francis, A iemand, te Hollandais, lien et Anglas dérerait une sauation dans l'une des villes de la côte de Cisine.
and the Chinese Mining and Engineering This is an action by His Excellency Chang Company of Tientsin, whom I will call the Chinese Company, asking for a declaration that
con in, the
imposed by, and paid memorandum. Then there is a general claim for damages. The Pansfer is a document which was drafted in English by Mr. White Cooper, a solicitor in Shanghai, brought over in Tientsin for the purpose. It is in the form of an indenture, Expressed to be made between the Chinese frè, baunes iéférences-Appointginents: deompany, his Excellency Chang, as the direc a 6,000 dollars per an, Esrite aux initiales for-general of all the mines in the Provinces of R. V. an journal "POpa on" de Saigon. Chili and Jeho, and director general of the
Saigon, le 2 Mars, 1905.
[37 Chinese Company, and Gustay Detring, a director of the same company, of the first part, Mr. Hoover, as agent f Moreing, of the second But, and the defendant company of the third part. It contains recitals, f, among other things, a certain agreement of July 30, 1900, and purports to be a conveyance in pursuance
5
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HIPS Confed front alongside at the shortest
notice, and with all possible despatch. Prices Moderate. Telephone No. 320. Tonglering, 1st October rona
161
ITH
AN APPEAL.
|
of that agreement of the mines and property of the Chinese Company to the defendant com- poy. Nu consideration was expressed, but it Cuntains an undertaking by the defendant
be transformed. The document did not appear to him adequately to protect his Government or the Chinese shareholders
even provide for the 375,000 shares being given or hims: If; and in this be was perfectly right, Is particular, as observe, it did not or paid to the shareholders of the Chinese Company for the purchase of the com- pny's property. Between his Excellency and the agents of the defendants; including Mr.. White Cooper, which agents also represented the Oriental Syndicate, as I consider, and its creature, the defendant company, there were long and hea ed discussions extending over four days. Hoover, as he himself admits, went so far as to use various threats to his Excel- lency. Ukimately his Excellency was induced with difficulty to accede to a proposal of Mr. White Cooper's that the terms, on account of the absence of which from the transfer he d:- clined to execute, should be embodied in an- other document, to be executed previously to and at the same time with the transfer. Under
this arrangement his Excelente parties to the transaction that the memorandum would be as the representative of the other
it was expressed to be, ruling document, and biading and be carried into effect. It was upon be acted upon, or, in other words, would be the faith of and in reliance on these assurances that is Excellency was induced to affix his set to the two versions of the transfer. The memorandum in two versions, Chinese and English, was executed at the same time in the
sendant Moreing, De suiers, who I think same manner by Hoover, the agent of the de- may be taken to have represented the Oriental Syndicate and the defendant company and every one interested through them, and it was also executed by his Excellency and Detring. In truth the execution and terms of the memoran dum appear in me to have formed not a ly a material, but an essential, part of the consider - tion for the transfer (if it was a transfer) of the
A member of the firm of English solicitors at Shanghai, who acted for the Oriental Syndicate
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Sailors and Soldiers in uniform half-price to Fit Stalis and l't.
Booking Office at ROBINSON PIANO CO., open an and after MONDAY, 3019 April, from
A.M. 04-30 P.M., each day.
ARTHUR CHAPMAN, Business Manager,
Hongkong, 24th March, 1905.
Notice of Firm.
[40
TRANSATLANTIC FIRE INSURANCE COMPANY OF HAMBURG.
JE beg to give notice, that We Have
named Company from This Date,
Ifongkong, 31st March, 1915.
Canton,
SIEMSSEN & Co.
Intimations.
(418
THE HONGKONG ROPE MANUFAC- TURING COMPANY, LIMITED,
HE TWENTY-FIRST
ORDINARY
Entimations.
WANTED:
3
N EXPERT TYPEWRITER, Good
Salary to a Quick. Worker, JOHNSON, STOKES AND MASTER. Hongkong, 31st March, 1955.
THE FAMOUS Mab D
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[430
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To be obtained from THE MUTUAL STORES, WATKINS, LIMITED, and all first-class stores in the Colony.
Sole Agents for Far East, HOWARD & Co., 29. Des Vieux Road, Central, Hongkong. Agents wanted in every part.
For particulars and terms, apply t
HOWARD & Co. Hongkong, 24th November, 1904.
[63
ESPECIAL OLD TOM GIN. Marshall and
Elvy's
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DOUBLY DISTILLED
AND OF MATURED AGE..
TO DE OBTAINED FROM-
THE MUTUAL STORES,
Des Vœux Road.
Hangkong, th May, 1904.
A FOOK & Co.,
153
ANNUAL MEETING OF SHARE- HOLDERS in the Company, will be held in the Company's Offices, Ni. George's Building, No. 6, Connaught Roar, Victor, on NATUR- DAY, the 8th April, os, at 11 A.M., for the purpose of receiving Statement of Accials GENERAL STOREKEEPERS, SHIP CHANDLERS
and the Report of the General Managers for the year ending 31st December, qua, declaring a Dividend and electing a Consulting Com. The TRASFER COOKS on the Company
company to assume the liabilities of the Chinese Property therein comprised. Mr. White Comper.mittee and Auditors. Copany and indemnify such last-mentioned Company therefrom. As to the nature, extent, and enormous value of the property comprised so this transfer I-may refer, with out reading it to the speech of the chairman of the company at the extraordinary general meeting of that company held on july tó, ço. A Chinese
the draft of the transfer as also the memoran- and the defendant company, and prepared¦ will be CLUSED from WED ESDAY, 5, 10 SATURDAY, 80 April, both days inclusive. dum, attested the execution. After the present dispute had arisen. Detring, on behalf of the
SHEWAN, TOMES & Co., General Managers. plaintiff or of his Excellency, on July 25, 1992,
Hongkong, 25th March, 1005.
nade a representatug of their complaints tr Mr. White Cooper's firm at Shanghai, they being the solicitors to the defendant company; and these solicitors, replying on August 11, 1912, say, among other things, 1 was in is. Dearing and his Excellency) "and the Chi order to maintain the rights of yourself" (that
nese shareholdets that the agreement" (that s the memorandum of February, 1901) "was made. This agreement was dated and signed an the same days as the transfer and recng. nised by Mr. Hoover and De Wouters and ourselves as a binding agreement and a condi- tion precedent" (that is not, perhaps, a very accurate expression) "for the transfer of the ld company's property. The terms of this ried out. Further, we note the position you agreement should consequently be loyally car and his Excellency have taken up, and will send a copy of your letter to the London board by the next nil, leaving it to them in act as they think fit, and puiting out the serious con
translation of this document, the principal parry to which was his Exer llency Chang, who can- not'speak English and n ust be ignorant of our statute law in reference to joi-t stack com- | panies and English law generally, was made; and both the Chinese version and the English version were executed by the parties thereto mher than the defendant om, any being sealed with the official seat of his Excellency as director-general of the mines in the province, and so representing the Chinese Government, and with the official send of the Chinese Com pany. The place of execution was Tientsin. I do not know whether this document of itself operated as a conveyance of immovable pro- perty. in China secundum legem domicilii, I have some reasons to suspect that it did not 'RE SUPERPRESS of the ITALIAN
and 1 observe that the third clause, according CONVENT, Cyr Røvn, begs most
to the English version, provides that "the hali to APP AL to the Residents + Chinese Company and his Fxrellency and Hongkong auf the Cost 1995, for their kind Hering hereby agree with the defendant com- pany to sign all other documents, and do all puronage and support, and desires to state that
her acts that may respectively be requiredences to the welfare of the company of De will be pleaseil tem ve orders for all kind for completing the transfer to the Chinese her refusal to comply with your requirements " Hoover, as appears b. his evidence, is really af Company of all the properies hereby agreed
the same opinion; and 1e Wouters says that /NEEDLE WORK
to be transferred." I have not been informed,
he executed the memorandum simply because Gentlemen's Shots mude in ander, and Cuffs h wever, what is the law of China with refer-
it contained nothing but what had been agreed ence to any of the matters in question in this
to before, which is true Indeed, it has not ind Collars renewed or obt and S.
acon. None of the parties has offered any
been seriously disputed before me, and at all evidence or made any allegation on thy subject, Ladies and Children's Finalen aluthing, Cater
events find as a fact, that the terins of this thugh I have from time to time suggested memorandum formed the basis and foundation dren's Presses, and all kinds of Embroidery, that it might be required to be considered and
of the arrangement and were well understood by have rather invited argument upon it. Materials can be suppled, it required,
discussion and negotiations for the formation
The transfer was the outcome of protracted all parties to be an whole essential co dainu, whether as a collateral agreement or otherwise of the Chinese Company into what I may call "f any transfer being made by the a stiffs or either of them in the defendat company. 1 England, the principal objects in viheing an Anglo-Chinese Company to be formed in
also find as a fact that the tens of this memo-
the better protection of the property of the company in the disturbed state of the country essed by the› Boxer riots, and also the intro- duction of foreign capital for the development and more advantageous working of the mines. The parties between whom sucli negotiations took place were the defendant Moreing and
·
The Suprootess will also be most grateful fur sny PAPEK, az ald ERVFIOPES to be made ay Hooks for the Children of the Poor Schools, who are taught by the Siste:5
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I
his firm on the one side and on the other his
| Excellency Chung and the Chinese Company, is Excellency was from time to t me assisted in the master by Mr. Detring, a foreigner who had been long resident in China and had held some considerable office in the Chinese Cus- toms. Various stipulations had from the first been made by his Excellency in reference to the constitution and adininistration of the pro- posed company into which the Chinese Com- pany was to be transformed. In particular it had been contemplated al alor gaud definitely agreed that the capital of the new company should be £1,020,500 in £1 shares, and that of these 175,000 should go, quite properly, 10 the shareholders of the Chinese Company as
NONPAREILS, VOICE JUJURES, LIME DATES, the price or part of price of the property, sub-
Inspection Earnestly Solicited.
H, RUTTONJEE,
5. D'Aguilar Street, Hongkong, 37 & 38, Elgin Road, Kowloon,
Hongkong, 22nd March, 1905.
158
randum have not been observed or performed. As alleged by the statement of claim, not denied by the defence of the defendant com- pay, and as proved by the evidence, the declined to recognise the memorandum as defendant company and its directors haye having any force or effect, or in abide by the
revisions thereof, and they did this down 1/
the time of the trial, although they bad some- how managed to get possession of the property, and were claiming it under the transfe Incidentally, it appears by a letter of Mr. Hoover of March 27, 1951, that he actually took possession of some of the title-deeds of the property by main force.
[To be continued.]
COMMERCIAL.
TO-DAY'S EXCHANGE
Selling."
undon-Bank T.T.
Jenland
Do Do.
4 months' sighi France-Bunk T.T. America-Bank T.T. Germany-Bank T.T. tadia T.T. .................................
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.1 10 1/16
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ject to encumbrances that were to be taken over. There were to be two boards of direc- tors, one in China and one London. The management of the property in Cina was to be in the China board, and his Excellency was to be director-general as before in general The defendant company charge of affairs. was registered on Dec. 21, 1900, by the Moreings, or a certain Oriental Syndicate which Mr. Marcing had associated with him self in the business, and to whom he in some way turned over the formation of the company, and, I suppose, its promotion and management. 4 months' sight L/C, According to the Memorandum of Association, 6 months' sight LIC. the first object, and I may say the principal 3o days' sight San Francisco & New York ‘45t
4 months' sight with such modifications. if any, as may be agreed 30 days' sight Sydney and Melboume 1/10 1/i upon, the agreement mentioned in Clause 3 of 4 months' sight Francs......... the Articles of Association; and Clause 3 of the 6 months' sight Hongkong Telegraph Co., Ltd. Articles of Association provides that the com- 4 months' sight Germany...............
pany shall forthwith enter into an agreement in Ber Sliver
NOTICE.
THE Public are hereby informed that no THE
change has been made in the Rates of Subscription to the Hongkong Telegraph and
TEN CENTS (10 Cts.) per Single Copy.
Wm. POWELL, Ld. they are warned. against paying more than object of the company, was to carry in effect
THE MANAGER,
HONGKONG.
Hongkong, 1st April, 1905.
[35
Hongkong, jath September, 1903.
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Hongkong, 16th March, 1905,