..
THE HONGKONG TELEGRAPH FRIDAY JANUARY 4, 1907.
Club during the years 1993, 1904 and 1905 was 119th day of December, 1906, in opposition to the said Petition for the winding up of the said approximately as follows:
No, of Members.
Society and I corroborate, the statements made by the said Henrique Jose Maria de Carvalho
Your
1903 1904 1995
38; 181 186
stances the shareholders having 211 out of 360 | old institution for the sake of a small debt. 10 shares, are applyin
Are applying to wind up the Company, is all very well for them to talk about breaking Up the Club and resuscitating it on bestar lipés. that la two-thirds of the shares.
His Honour. I should suggest on more
Sir Henry: Thinly-one of the majority of the
in paragraphs: 3 to za inclusive of his said. | shares 'ware acquired, within the last months, friendly lines, la pag Affidavit
ANOTHER AFFIDAVIT.
Alfredo Maria Roza Pereira, of No. 1, Duddell Street, Victoria, in the Colony of Hongkong,
General Broker, said:
kam a shareholder in the said Company and Secretary and a Dheric of the said Company, I am also a member of the said Club. “
In this connection I would respectfully refer to the fact that in the year 1903 the monthly subscription payable by the members of the said, Club was raised from $2 to 53 and that in this affidavit I allude to the above-med the entrance fee was raised from $3 to $5.
Club Lusitano, Limited, as “the said Company" With regard to the statements contained inned to the usitano Club as "the said Club,” paragraph.g of the said Petition I say that at general meeting of the shareholders of the faid Society which was duly convened and held at the premier of the said Society, No. 20. Shelley Street, Victoris aforesaid, on the and October, 1906, for the purpose of considering and deciding as
to the best means of raising money to pay the costs referred to in the said paragraph1g of the sald Petition, there were present 37 shareholders, including the Peli- tioner (Jono Joaquim Leiria), ze
At such meeting the only shareholder who "objected to the payment of the said costs by
the said "Society was Mr. F. X. d'Almada ef Castro, a solicitor of this honourable Court, who in the holder of one share in the said
Society in respect whereof he was registered as a shareholder of the wald Society on the 17th eptember, 19c6, Save as aforesaid it was agreed by all the shareholders then pre. sent at the said meeting (the said Tono Joaquim Leiris having previously left the same" without having expressed any opinion or having voted), that an extraordinary general meeting should fouthwill be called with a view to passing a resolution (to be subsequently confirmed as a Special Resolution) authonsing the Directors of the said ociety to take steps to raise a loan for the purpose of paying the said costs.”.
|
To opposing the Petition for the winding up by the Court of the said Company filed by Augostinho Guilherme Romano and Joao Joa quim Leiria, a copy of which I have read, I am supported by 36 shareholders of the said Com pany holding 36 shares in all, four of whom are not now, but have been members of the aid Club, I myself hold six shares in the said Company.
S
Ouly nine of the 26 shareholders who are supporting the Petitioners are members of the said Club. -
As a matter of fact, one of the Petitioners, Augosiiabo Guilherme Romano is not himself a member of the Club. - *
|
§ Sir Henry Yes, Your Lordship should dis miss this petition and let them go and shake hands and make it up and be friends. ⠀⠀
His Honour But it does not appear that they are desirous of that.
and therefore cannot count. :There must be twg "thirds of the shareholders of more standing, 7
Mr, Slade said that the object of the winding up was not to wreck the concern, but to enable Club as at present constituted is full of diasen- it to be resuscitated on firmer lines. The
sions amongst the members, and consequently, a substantial body of the Portuguese communi- by will have nothing to do with the Club. -
Sir Henry and Hon. Mr. Pollock objected to
this statement.
Mr. Slade: The Club has gone so far as to expel MEAG. Romano, the Cossal-General for Portugal. ↑
Sir Henry: Oh, no, they did not they did nothing of the kind.
Mr. Slade: They requested him to resign, which amounted to expelling.
www.
tir Henry. No, it did not; and that was four years ago, and has nothing to do with the
matter.
Hon. Mr. Pollock; That is quite beside the question.
Mr. Stade then proceeded to read the petition, and answer of Mr. H. J. M. de Carvalho, With reference to paragraph 8 of the said against the winding up of the Club. Allad Petition i am able to state from having been aing to the affidavit, Counsel referred to the liabilities incurred during the period, when member of the said Club for several years past, Hon. Mr. Pollock interposed with the remark that during the last three years there have been no disputes between ore body of the share that the liabilities were incurred and discharged. holders of the said Company and members of the Reference was piromade by Counsel to the num
her of members on the rolls of the Club, and it said Club and another body thereof other than
was remarked by Sir Henry that, during the period 1903-1905, the subscription had actually
the disputes which form the subject matter of O. J. Action No. 156 of 1906.
With legaid to the said Petition generally, I' verily believe from inquiries made by mo An extraordinary general meeting was ac. Among the general body of the members of the cordingly duly convened and held at the said Portuguese community in this Colony, that a premises of the said Society' on the 12th Novarge majority of such community desire that the said Company should continue, inasmuch as the said Club reforms important social functions 18 this Colony, such as giving balls and concerts and theatrical entertainments to
ember, 1906.
At such extraordinary general meeting at which all five of the Directors of the said Society were present," a resolution authorising
been raised.
|
› Sir Henry : Obi'yas; they are, my Loid.
Hin Honour : Whom are you for 1 Sir Henry We are the original membera whose soda water” was over-charged-.550
4 His Honour But: the point is this: you isk me to dismiss this position to enable you to do something which for the past four months you have not attempted to do,
TRAGEDWIN THE TERRITORY.
PULICE: BERÖKANT SHDOTS' CHINESE
Nows, though rather befaled, roached us last evening to the affect that i'olice Sergeant
5
Intimations.
THE
Kerr, ficer in charge of Ping: Shan Pulice Station, New Territory, bad strut and kiliod's ROBINSON PIANO
hinese boatman white on a hunting expedition in the, Territories on Christmas Day. Tha bostman and the sergeant, we are informed, went out hunting together... How the shooting came about is at present unknown, but that will be explained at the Coroner's inquiry which will be held some time next week. What is known, however, is that the boatman had to be brought over to Hongkong for treat- neat and that one of bis legs had to be am putated. He died shortly afterwards.
"THE" WBATHEN.
Sir Henry: We have not had time, my lord, Mr. Lairie instad of throwing oil co troubled waters, comes here and asks to have the only resort for the young map of the Portuguese community to be wound up. Where then would he hava thum go for their social recrea- tions and their soda waters?. To the hotels The following report is from Mr. F. G. Fizz, and other rasoite? "This petition should be First Assistant of the Hongkong Observatory:— diamined to give them a chance to settle the | Un the 4th 43′ 11.55 à-The barometer bas matter amongst themselves. If they canpot«isen over Japan and N. China, and fallen over do that they can come back here again, and the Yangtze and S.E. Coast got deadnai pelition your Lordship again. The object of the The low area lying over N.E. Japan yesters yday, has moved loto the Pacific. Pressure is Club was to perpetuate the old institution.
Hit Honour: They will not perpetuate it if highest between Central China and W. Tapan, they go on equabbling.
4. £ it is relatively low over the 5. part of the China
|
ea
Gradients are slight on the China Coast and moderate monadon may be expected in the Formosa Chaduel. They continue rather steep over the China Sea where strong monsoon will
still prevail.
FORECAST. 1-Hongkong and neighbourhood, NE
Sir Henry: No, my Lord, they have had a lesson, and they will not squabble again.
Sir Henry, continuing his remarks, said that the pelitioners had no right to come to thir Court until the parties had been given an opportunity of settling the dispute amongst themselves. This is a sbareholders' petition, in Proceeding Mr. Slade remarked that the a "concern which was governed by its own rezi, trouble is that the Club cannot be con-members, and all the authorities he could pro-winds, moderate to light; fine. tinued on the present lines; it wanted to be duce showed that the Courf was always returt lemodelled on the lines of the Hongkong ant to interfere in cases of shareholders. The Club. The question of the spirit licence was price of the refreshments was mised to meet ihen alluded to, when it was observed that the certain increased expenses in running the club, Club required $2,400 a year, or some $200 per and because there was a slight increase in the mensem, to defray the cost of the licence.
price of the sodawater a number of young gen Continuing his address, Counsel contended temen came into Court, and your Lordship that undeniably the Company possessed sub- will remember that they obtained judgment
the said Directors to raise a sum not exceeding $2,500 to pay off the inid costs by borrowing Macao and is also affiliated with the "Gremio Kiantial assets, but it was in the position of i
No confirmatory meeting war called, but I am advised that it is doubtful whether any such confirmatory meeting was necessary and I crave, leave to refer to the Articles of Association.
In answer to paragrapha zo-to 12 inclusive of the said Petition I say that at the present time the value of the premiser of the said Society, No, 20, Shelley Street, is certainly not less than $35,000 whereas the capital of the said Society is $18,000,
The said premises are free from incumb. rances and I respectfully submit that if thescope and powers contained in the Memorandum of Association of the mid Society were extended, sufficient money could entity be raised to pay and discharge the”, present 'indebtedness of the said Society,- ---
the Portuguese community of this Colony and Militare, the Portuguese Army and Navy Club in Macao.
· MR. LEIRIA'S REPLY.
|
being commercially insolvent since under the Companies Ordinance no power was possessed by the Company to realise its assets unless by wirding up. There was a great major`ly in value of shareholders desirous of winding up, In voting powers they were equal with the opposition, by reason of the fact that their powers were, more widely distributed. They (the petitioners) had shareholders' holding 221 shares.
Sir Henry: They are 58 in person and $9.
Mr. Slade be consequence is the voting power of both sides being equal, no special resolution can be carried.
and costs.
His Honour: I still do not see why they did 401 obtain a licence. Ferlaps, they had not the money?
Sir Henry: Oh, but they bave No doubt they should have got a licence, but that is not the point here. They made a great point of the fact that the Club had gone down since Mr. Romano had left it, but he did not s ́e why, Was Mr. Romano's leaving the Club any reason for the Club going down? If my learned friend will admit that. Mr. Lelia is „the son-in-law of Mr. Romano--.
Mr. Stade: He is not.
from the Society's Bankers or by mortgage of the properties of the Society or otherwise on such terms, as, the Directors should think. fit was pasted without a single dissentient vote In reply to the affidavit of Mr. de ́Carvalho, against it, though three of the Directors refrain-Mr. Leina filed a further affidavit in which he ed 'rom valing on such resolution.
said that, with regard to the statement No. 2 in that affidavit considerable friction bad existed between a large body of the members of the Lusitano Club and another large body since the month of September, 1102, and still exists; in consequence of a resolution having then been passed and acted upon by a majority of the directors at the request of a number of the members to refrain from illuminating the Club
Sir Henry: Abf he is closer-he is a blood- building and hosting the Portuguese flag there on in accordance with the usual custom upon the Sirenry Berkeley. in his opening remark, relation. This is a petition brought by Uncle occasion of the anniversary of the birthday of stated that the petition was not, he regretted to and nephew, and is not filed in good faith their Majesties the King and Queen of say, a pétition presented in good faith, It was Mr. Leiria holds about 108 shares of the ma Portugal, such resolution having been passed not presented for the benefit of that ancient jority, and I suggest this petition is brought to and request made in order to mark the dis- Institution-the Lusitano (lub. He surgented | take advantage of the disputes now going on. approval of the said members of a certain Act that the application was prompted by Mr Mr. Leiria is desirous of realizing the valuable of Parliament passed in Portugal and extend-Leila o funber h's pecuniary Interest. The property be has invered in the Club. Whether ing to Macao.
company was formed not to put money in theit is from feelings of revenge, or whether it pockets of any individual person at all." If hir is to put a large sum of money is hit Lordship drcided to wind up the Club, the pocket we don't know, but we suggest that it result would be that Leiria would have a lot of is not brought in good faith, and if the Count money put into his pocket, and if Mr. Romane was satisfied of that then the petition must be had any feeling of revenge at all he would have dismissed. his feelings gratified. It would be seen whether it was in the true interesis of the Portuguese Community that they should lose their place of recreation by the Cort exercising the power of winding up. Counsel for the petitioners had emphasized the fact that the Club had sof fered by Romano's retirement from the Club. 3. In consequence of the aforesaid exclusipeir Henry contended that the fact of
had Mr. Romano's leaving
not from the said Club of the leading representa-
Ho submitted that tive of the Portu,uese community la this Co. any disastrous effect. Jany, the status of the said Club has consider because that gentleman-had been expelled-
from t'e Club, one of the members might H ably declined and the said Club has ceased to be regarded as an institution to which Porta. consider the Club was no longer the fashion. able institution that it was. Mr. Romano's guese officials and distinguished persons of Portuguese nationality visiting this Colony
thould be entertained,
In answer in paragraph 13 of the said Petition 1 respectfully submit for the consider alion of this honnurable Court that, having regard to all the fac's, matters and circumstances bereinbefore mentioned or referred 'in, and especially having regard to the objects for which the said Society was formed ne net, forth In paragraph 3 of the said Petition it is not just and equitable that the sald Society should be -wound up by the Court.
I am supported in my opposition to the said Petition by 31 shareholders of thewald Society -holding 54 shares therein.
IN SUPPORT OF THE OPPOSITION, --The following affidavits were sworn to:-\|
Jose Luiz de Selavisa Alves, of 0. 1o, Upper Mosque Terrace, Victoria, in the Colony of Hongkong, Broker, said:
I am a shareholder in the Club Lusitano
2. The aforesaid conduct of the said Direc. tora and members being considered and so stated by the Petitioner Augnssinho Guilherme Romano as the representative in this Colony of His Majesty the King of Portugal to be disloyal to itis said Majesty, he resigned the position which he had thereto before held as Chairman of the said Club, and was subsequently called upon by those in authority in the said Club nt the desire of a large number of the members to resign his membership thereof.
+
Had
retirement saw no diminution in the member ship for the past three years. The slight
His 'onour: know a good deal about this' Club, and I do not think that I ought to bear
his petition.
Sir Henry: We don't mind that; indeed, per- haps, it may be an advantage.
After considerabin authorities bad been
quoted, the remark was made as to the party respoorible for the present strained position.
His Bonour remarked:-Ons. side is just as bad as the other...
Sir Henry: We say as we belong to neither
we are better than each.
Counsel, üfter addressing the Court for an
hour and a half, asked the judge to dismiss the petition and send the parties back to there
2. Formosa Channel, N.E. winds, moderkta.
· Co. LD.
TALKING
MACHINES
AND
RECORDS.
and Lamocks, same as No. 1.
3-South coast of Ching between Hongkok New Stock just arrived
and Hainan, same as No.2.
4-South coast of China between Hongkong
Co-day's Advertisements.
HONGKONG HOTEL,
MENU.
SATURDAY, JANUARY 5th, 1907.
DINNER.
Hors D'ŒUVRES. Eggs en Aspic.
Soup. Mock Turtle,
FISIL
Smoked Fish and Butter Sauce,
ENTREES, ***
Fillet of Beef a la Beamaise; Stewed Lamb Chops and Green Peas, Sweetbread Patties:
CURRY, Burmai.
JOINTS, &c.
Roast Leg of Mutton and Mint Sauce.
Ronat Turkey and Cranberry Sauce..
Hailed Bacon and Spinach,
Cold Steak Pie and Plain Salad.
SWEETS.
Almond Padding. "Tipsy Cake.
Nesselrode Ice Cream and Finger Cakes, Cheese Biscuits.
DESSERT. Coffee... Fruits.
"DEN LINE. OF STEAMERS.
NOTICE TO CONSIGNEES.
5.S. "BENARTY;" FRA LEITH, LONDON AND
STRAITS..
(82
informed that all Goods are being landed at their risk into the basardous and/or extra hazardous Godowns of the Hongkong and Kow loon Wharf and Godown Co., Ltd. whence
obtained
LARGS AND
ARIED
ASSORTMENT
MUSIC.
Comic Opera Scores
and Dance Music.
RECEIVED BY EVERY MAIL.
Hongkong, 29th November, 1906.
UNSURPASSED FOR QUALITY
AND CONDITION.
HALL'S BOAR'S HEAD
BRAND.
Limited and also a member of the Club should be invited and where such persons falling off of six members in 1903 was not due own quorum and settle the matter by them-and/or from the wharves delivery may be ↑ GUINNESS'S EXTRA-
Lusitano which Club is situste at No, 20, Shelley Street, Victoria, aforesaid.
The Club Lusitano Limited is a Society incorporated under the Companies Ordinance of Hongkong No.1 of 1B5 and registered on tifệ 1 th January, 1892.
The Club Lasitano (as distinguished from the Club Lusitano Limited) is formed of Mem- bers of the l'oitugu se Community some of whom are and some of whom are not share holders in the Club Lusitano Limited..
To this affidavit I a Jude to the Club Lusitano Limited as "the ssid Society" and to the Club
Lusitano as "the said' Club,”
4. I verily believe that since, and as a result of, the circumstances herein before related; none of the Senior Officers and very few of the Junior Officers in the Portuguese Army or Navy have visited the said Club.
- COUNSEL'S OPENING STATEMENT.
to Mr. Romano's' retirement, but it was due to the subscription and entrance fees being raised. Then, in the folowing year, up the member went again. It could not be maintained that the members to-day were of any lower social grade than they were when Mr. Romano be. longed to the Club. They were members dit
selves
..
No Claims will be admitted, after the Goods have left the Godowas, and all Goods uide- livered after the 19th instant, will be subject to rent
A1 4.35 gm, Hon. Mr. Pollock rose to ad- dress the Court when his Lordship inquired how long Mr. Pollack would likely take in his address. Upon being informed that his speech All Claims against the Steamer must be pre- would probably occupy an hour to an hour-sented to the Undersigned on or bafars the end-a-half, his Honour stated that considering 18th instant, or they will not be meganized. the latenets of the hour, he would adjourn the
"All broken, chafed, and damaged Goods are Court to 11 am, to-morrow.
to be left in the Godowns, where they will be examined on the roth instant, at SI AM, The Court then rase.
No Fire Insurance has been effected.
Bills of Lading will be countersigned by
CIBA, LIVINGSTON, Co. Agents, Boogkong, 4h january, (907. -
TO LET.
Iremely simple. The Company was formed
Mr. Slade, in opening, said the facts were extinction of the Portuguess community they several y ars ago, or about 1897, to carry on the and they were the same as they were before. were more or less of the same social grade; Club Lucitano. Theobjects of the Company were Mr. Leiria was still a member of the Club and stated that those objects were for the promo social grade to-day was any different; it is the No more successful dance has been held under set out in the memorandum of association, and he (Counsel) did not think that Mr. Leiria's
same as before Mr. Romano left the Club. 196
tion of intercourse socially between the mem-
1 was formerly a Disector of the said Society,bers of the Portuguese Community. Last There was no suggestion that the Portuguese the auspices of the Scottish Masonic Quadrille
and for the space of about three years precedi ing and up to the month of April, 1926, I was President of the said Society.
The said Club as at present constituted is a successor of two-Clubs each bearing the name
The building, No. 20, Shelle, Street, aforesaid present occupied by and betonging to the said Society is the same building as that which' was formally occupied by the two former Clubs, I bave been a Member of all the Clubs since the year 1866.
Hin Honour: You mean the bar?
F
•
autumn a judgment with costs was given community were of any less social grade than Associatios than the one held in the City Hall against the Club. Later it was brought' home when Mr. Romano was in the Club if it was last night. There was a very large attendanco to the managers that they were contravening decided to wind up the Company where were and the weather was just right for dancing, the law by supplying refreshments to all, as the "the members going "to-were they going to "Club Lisitano," the first, of which being a Company and the Club were two different in-public-houses of an evening or were they to lie while the arrangements had been admirably limited liability com, any was formed in or stitutions, and members of the Club were not on their verandahs in the afternoons? Sir made for the requirements of the dancers On about the year 1856, and the second of which necessarily shareholders in the Company, and Henry inquired; Why this drastic measure, the this occasion the d'alberts were introduced and Clubs (being a private members' Club) was to vice versa. Accordingly the bar was closed, result of which would be to pat money into the considering it was an innovation it proved a the best of my recollection formed somewhere and then it was found that the out-goings ex-pocket of Mr. Leivís? The Club had been in great success and no doubt will form a feature about the period 1873 to 1875
ceeded the in-comings, andie consequer ce the existence for forty years. It was opened with | of the future programmes. The committee, Club was carried on at a loss,
great deleg. 'It was a great boon to the Portu bad thoughtfully arranged that the Instruction guese community. Sle thought it should have forward and contributed a portion of the ex- on the back of the programmes and it was been more patriotic if Mr. Leiria had come as to the figures of the dance should be printed penditure to maintain that ancient institution. evident that these bad been conned and studied The original idea was not to pay dividends. It to sonte purpose. Many naval men were pre was a patriotic insitutida for the benefit of ibé
sent, including German and Austrian officers Portuguese community. It was not a com- mercial undertaking. Bearing that in mind from the warships in the harbour. The naval
·Sir Henry: A mortgagu or sula?-
it was not the wish of the majority of visitors were greatly impressed by the English Mr. Glades There is no power to borrow, the Club to wind up. The club had large quite douces and watched the evolutions from Continuing, Me: Slade said that this Company assets. The property only was represented a distance wandering if those mary forms and was not a mercantile company, or a trade, at 518,000. They had the assets and had not Sgores had anything to do with the secret of I have read a copy of the Petition for the but purely a Society for social reasons. Even realised them.
Britain's power The dance broke up just be winding up by the Court of the sald Societý | if the Company were in a position to borrow
Sir Henry then proceeded to quote author
fore 23
đár that fhs? Kowloon contin- valled hersin on the toth day of December, 1900, i the only result would be that in the course of illes showing that, because certain debts had *** Agoniano Guilherme Romano and Joaquim months, or years, the whole of the property and not been paid by a Company, it could not be Lalvin both olVictoria aforesaid."
edit profits would be eaten up, and the Club would contended that it was insolvent, and
cease to exist, by reason of thoir having no Continuing his remarks, Sir Henry said itij money to carry it on.. Under these circum. I was absolutely out of all reason to snack up an
The present Clob and its predecessors ware formed to supply the social needs of the Por tuguese Commun'ty in Hongkong,
The particular objects for which the said Society was formed are set forth in clause No s of the Memorandum of Association of the Peiition hereinafterimentioned.
Again
i have also read the affidavit of Henrique Jose l'aria de Carralho fled in this matter on the
Continuing, Mr. Slade said that under the Mr. Slade; No, my Lord, the Club generally. Articles of Association there was no power to borrow, and in consequence, though the Club was possessed of considerable unencumbered property, tliey were unable to raise money to pay their debts.
1
FOREIGN STOUT. BASS'S INDIA PALE ALE
·("ED TRIANGLE),
THE VERY FINEST PRODUCTIONS:
OF THE
[63
CELEBRATED BREWERIES
ROAD, now occupied by Messro, Muedo ald HE Premises known is No, 199, Wanchai
February, 1907
Co. Engineering Works. Possession, ist Apply to-
&
THE HONGKONG LAND INVEST- MENT & AGENCY CO., LD. Hongkong, 4th January, 1907)
STEAM TO CANTON.
"KWONG TUNG"... 1,138...D. W. WALKER. THE New Twin Screw Steal Steamer
This Fine New Steamer has 'unexcelled
Messrs. A. GUINNESS, BONE"
Messrs. BASS &
o, Ld..
IN CASES QUARts, Pints, and SPLITK
PRICE LIST ON AP CATION.
Lesras Hongkong for Canton on sach Sun- day, Tysday and Thursday, at every evaplay
Leaves Canton for Hongkong on dach Mon- day, Wednesday and Friday, about 5.30 o'clock 10% DISCOUNT ALLOWED UNTIL FUR every evening poging and d Accommodation for First Class Passengers and is lit throughout by Electricity, Electric Fans in Fire Glass Cabins, Famage Face-Single Joomay..$5
(Servant [{excluded), ezin
$1 each.
The Company's Wharf is situated in front gent might catch the special launch which bad | of the New Vosters Market, opposite "the old beed
able, that there Harbour Onced garde (dance in March and a “calico"
YDEN ON 5.S. CO., LD. LIMA No. 8. Uncen's Road West Hongkong, 7th November égné ([16.
SOLE AGENTE:
H. PRICE & CO.
WINE AND SPIRIT MERCHANTS
Page 5Page 6