DIRECTORS AND THEIR the Company, and inany property LIABILITIES, DUTIES AND purchased for the Company.
As sail by Mollish L. J. in 7dy's Caso (L. R. 10 Ch. 893) "is no doubt about the rule-of "this Court, that an agent cannot,
POWERS.
(Continued from inst Saturday)
So also if the Articles of As-
44
14
her
without the knowledge and
consent ofhis principal, be
tation of a Company provide allowed to make any profit out
if
the directors' remuneration "of the matter of his agency shall be paid out of "proceeds beyond his proper remuneration "of sales of goods manufactur as agent. It is perfectly settled. ed by the Company, this must be "law cut that rule applies with construed to mean the amount "particular stringonoy to the actually realized on such sales, directors of Joint-stock Com- and not the amount which it is "panies who are the agents of estimated will eventually.bo the Company for effecting the realized, for there can be no 'pro-"sales or the purchases made by ceeds of the salo of goods if no "the Company" payment therofer is made either in cash, in necount, or by ex- change,
To be continued.)
NEW REPUBLIC SEEKS RECOGNITION.
Appeal from Wu Ting-fang.
The remuneration of a director which has been fixel by tho Articles of Association, or by a resolution of the Company, is, when ened, a debt due to him from the Company, and can be
The following stirring appoa! recavored in an action or prover for in a winding up? New Brito the world for recognition of Ligh Iron Co) (1898) i Ch. 324, Tho Republic of China was tolo- Inmun v Ackroyd & Best. La graphed by Dr. Wu Ting-fang, (1901) 1K B. 613). In the Director of Foreign Allairs, to former of the cases cited Wright publisher of the San Francisco lon. William Randolph Hearst, J. said" Article 62 fixes the re- "muneration of the directorsat the Examinor," "New York Ameri- annual sum of £1000. That can and a long string of im- Article is not in itself a contract portent American newspapera, tor between the Company and the distribution throughout the world... directors; it is only part of the response Mr. Hearstcabled Dr. contract constituted by the "Articles of Association between "the members of the Company "inter so. But where on the foot-
€1
THE HONGKONG TELEGRAPH SATURDAY DECEMBER 16 1911
15:2
EXHIBITION OF TOYS!
Wu that resolutions looking to-
The Man 1. dynasty finds its recognition would be introduced. of Itepresentatives and that he of yesterday become but puppet in the American Senato and House power fallenway and its glitter would personally seo President show. Before going it has strip- Tift and Secretary of State Knox ped itself of authority by con- senting to the terms of the pro- in reference to the matter:-
The Chinese nation born snowposed constitution which already in the travail of revolution extends have bron-made publio. friendly greetings and felicita- tions to the world.
The most glorious page in Chinese history has been written with a bloodless pan.
KRUSE & CO.
GARNER QUELCH & CO,
0.
WINE MERCHANTS
Des Voeux Road
TELEPHONE 636, ́ ́
(Signed) Wa Ting-fong, Diretor of Foreign Alfairs... Supply the high st quality W Spirits Cigars and Cigar
Hearst, Cablegram from Mr hotelloetela ob'ainable, en istent with pic All Wines and Spirits
bottl d in Furope à y Shippers of world wide reputation, ingreply:
Hon. Wu Ting-fung, Director
Hongkong, Devoubor 7th 1911. Foreign Affaire
ing of that Article the directors aro employed by the Company, "and accept office, the terms of "Articlo 62 are embodied in, and “form part of, the contract be "tween the Company and the "directors. Under the Article
as thus embodied the directors As the Republic of China it now “obtain a contractual right tonn usks that recognition by the eiv
annual sum of £1000 as reminor-lized Powers which will enable. "ation".
it, with, the assistance of their But where the Articles of As-kindly oflicos, to erect upon the sociation provide that the direct foundation of honest government ore shall receive a fixed annual and friendly trade and intercourse sum out of the funds of the Com-with all peoples, a peaceful and
happy future.
I am, highly honoured by your pany for their remuneration, "to
The Chinese people are not un-selection of myself and my papera be paid at such times ne they tried in self-government. For for the presentation of your eloq- nay determine", there is no debt dus from the Company to the countless ages they ruled them- uent and patriotic appeal. Shall selves; thoy developed observance have resolution introduced Houss directors until they have formally of law to a degree not known and Senate. Will personally see. determined the time of payment, and such time has arrived, mong other races; they developed President Taft and Secretary ( Caridad de Co v Swallow (1902) Arts and agriculture and know a Knox.
William Randolph Hearst.
2 K. B. 44):
Although the remuneration of
a director, when earned, in a debt
peace and contentmont surpass- ingly sweet..
Down upon them swept the B- vage hordes of an alien and war-
Advertksciments
PARTICULARS and
CONDI-
Auction Sale, to be held on WED TIONS of the letting by Public NESDAY. the 27th day of limber,
1911. at 9 r.., at the Offices of the
due to him from the Company, like raco. The Chinose people if, as is almost invariably the woro conquered and enslaved. case, the Articlos require direct For 270 years this bondage exist ors to be members of the Chod. Then the Chiness people. pony, it has been hold that such rose and struck a blow for free- debt is due to him, in his chorac-lom, Out of the chaos and dust tor of member, and must be post of a falling throne emerged a free ponod to outsile creditors by vir- and enlightened people great tuo of the provisions of Section natural democracy of 400,000,000 38 (7) of the Act of 1802 (Sec. human beings. 58 of the Hongkong Ordinance They have chosen a Republic Public Works Department, by Order 1806) Bep Cannon 30 Ch D. And their choice we believe is a of His Excellency the Governor, of
· 1329),.
wise one. There is no class of One Lot of CROWN LAND at Tai Directors are in the position of nobility among the. Chinese and Fing Shan in the Colony of Hongkong, ngents for, and paid servants of, they have no recognised Royal bar Lerm of 70 years, with the option of the Company. As said by Kay 3. family to set up in place of the ranowal at a Crown Rent to be "fixed in this case of In ve Faure Electric departing Manchu Royal House. the Surveyor of His Majesty the Acumulator Go, 40 Ch D. at p This is a great democracy. The King, for, one faither term of 76 years, 151, "Perhaps the nearest and officials spring from the people "logy to thoir position would be and to the people they return. that of managing agent of a There are no princes, lords, dukes, "mercantile house to whom the among the Chinese. With the "control of its property and vory Manohu throne removed there is "large powers for thiemanagement loft a made-to-order Republic. "of its business are confided; Already we have provincial assem- "but there is no analogy which is blies and our national assembly. "absolutely perfect".
Already we have a republic with
."
PARTICULARS OF THE LOT.
(sland Lot No 1901! Registry No.
Tai Ping Shan.
LOCALITY.
Bundary.
Measurement.
KW.
+
fent feet. Feet
feet
75
Square fest.
Aunual Rest
Upret Price
[1547
They are trustees for the Com-4 full set of competent officials. pany of assets which havo come Within a very few days'our con- into their hands, but they are not stitutional convention will meet: trustoos in other respects "in the arrangements for it were made Hongkong, 16th Dex, 1911. "sense of those words as used long ago. At the convention there "with reference to an instrument will be fully authorized delegates NOTICE TO CONSIGNEES. "of trust, such as a marriage from every province in China. A
FROM CALCUTTA, PENANG "Bettlement or a will" (Kay J), constitution of the most enlight-
AND SINGAPORE, They are therefore not liable to oned character will be adopted and precisely the same extent as trust-now officersof the provisional gov ees have been held liable under ernment erpeted. Following this the very strict rules laid down by will come, under the provisions the Court of Chancery. How of the constitution, the provincial ever, occupying 'na they do and national erections. position of fiduciary relationship It is imperative that our govern- that their goods will be delivered from
THE Steamship
“ARRATOON APUAR;" baving, arrived from the abure ports, consignees of cargo are hereby informed
to the Company, it is of the ut-ment be recognized at this time alongside.
most importance that they should in order that business may not be
Cargo impeding the discharge of the
be careful not to act in any which subjected to prolonged stagna- vessel will be landed at ones, at con- may be projudicial to the inter-tion. There is peace everywhere signoce risk and expense. esta of the Company. And, as save at Hankow, but business car-
Cargo rexdatning on board after 4
an agent is liable to account to not proceed until the new repub-m of the 18th instant, will be landed
his principal for any secret lio shall be welcomed among the
Pro-
It made by him in transnotions nations of the world. undertaken by him on béhalf of
at consignees risk and expère.
Consignees of Cargo from SINGA- PORE are requested to lako IM-
We ask recognition in order MEDIATE delivery of their goods
"
VON RIEGEN'S PATENT
FIRE BRIDGE BARS:
COST OF INSTALLATION QUICKLY ABSORBED BY
MILK
FIVE
CENTS A PINT.
PURE, FRESH, SEPARATED, NATURAL.. REMOVED: THE CREAM ONLY.
ADDED: NOTHING,
If you must use Separated Milk why not have it
One penny a pint!
FRESU ?
For sale by
THE DAIRY FARM
ECWilks, M L.Mrgli.,V,A,M N.A. Commlting Enginoerand Surveyor for consimotion, Valuar and Assessor the purchase, or sale, of Steamships or Launches
ALEXANDRA Buildinos; 281 Finou, Hongkong, Tot May 1911,
Just mocired, a freal consignment of PAUL CLOUET CHAMPAGNE, Extra Dry
at $24.00 per case, of 2 doz. pts.
-FRENCH STORE,
L. Gamexu.,
74].
́2-0 Queen's Road Centrál
GREEN ISLAND CEMENT COMPANY, LIMITED.
PORTLAND CEMENT.
In Casks of 875 lbs net. In Bags of 250 lbs not. SHEWAN, TOMES & CO.,
General Managita, a
Hongkong, 18th Ang...10in
POPUJAR ASAHI" BEER
Note our Price $12.00 per asse con-
taining 4 dozen quarts or 6 dosen pints.
FOR
NOTICE TO CONSIGNEES.
FROM SHANGHAI, KOBE AND MOJI.
HE Steamship
THE
"GREGORY APOAR,"* having arrived from the above porta,
HONGKONG AND CHINA GAS consignees of cargo are hereby informed
ON
NOTICE
N and from the 1st Janualy, 1912. the price of us to the public will be REDUCED to $2.60 per 1,000 cubic feet.
By Order of the Directors.
GEORGE CURRY,
Loon! Secretary. Hongkong, 7th Nov., 1811.
that their goods will be delivered from alongside.
Cargo Impoading the discharge will be landed at consignees, risk and ex- ponse into the hazardous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited.
No Fire Insurance has been affected. Bills of Lading will be countersigned by the undersigned.
DAVID SÄSSOON & 00,, LD.,
Agenta,
1476 Hongkong, 12th Dec., 1911
[1548
ECONOMY IN FUEL G FALCONER @ Co., Ltd.
EFFECTED.
FOR FULL INFORMATION AND PARTICULARS
APPLY TO
HE UNITED ASBESTOS ORIENTAL
AGENCY, LD,
SOLE AGENTS. OR TO
CH. WITZKE, SUB-AGENT.
Hongkong, December 7th, 1911.
FOR SALE
Offers will he received by the Management for the purchase as a ́going concern, of the "HONG-
KONG TELEGRAPH."
Hongkong, Nov. 16, 1911.
Prepaid Advertisements.
his principal, so also is a director that we may enter upon our new from alongside, such cargo impoding 25 WORDS $1 for 8 insertions of similarly liable to the Company life and our relationships with the the discharge of the Vessel will which he represents. It is there great Powers.
"J
be landed and stored at consignees' risk'
fore necessary that a director We ask recognition of the re- and expense. should fully disclose to the Com public because the republic is a
pany whatever personal interest fact,
$2 for one week.
LOST:-From 158, Wanchai, Ron to tram line, ladies hunting case gol walch. Engraved G. M. L.. Elgin works, Nawati.-D."L'H, White, ofo Pacifio Mail 8, 8. Co..
[1544 TO LET.
OFFICES in King's Building
No Fire Inanmance has been effected. BOARD AND RESIDENCE- Bills of Lading will be countersigned
HOMEVILLE," Morrison Hill; Apply to Splendid view of the harbour, 10 minutes from Post Offos by sleotris #cara : entranon 168, Wanchal Road,
he may havo in the subject mat- Fourteen of the eighteen, pro- by the undersigned:
» DAVID SASSOON & UO., LD.,
ter of a contract entered into, or vinces will, it is expected, soone profound to be entered into with take the same cause,
Agent=
Hongkong 18th Dec, 19
~THE HONGKONG LAND
INVESTMENT AGENCY:
COMPANY LIMITED, (1160 Hearing 14h Dər, 1911,
WATCHMAKERS & JEWELLERS.
LARGE SELECTION ENGLISH SILVERWARE
› COMPRISING PRESENTATION PLATE, BOWLS, RACE CUPS, etc.
INSPECTION INVITED. ALWAYS IN STOCK.
A choice selection of Xmas Goods have arrived.
KING GEORGE
This Whisky is from the Distillers Coy...
Limited,
of Scotland, and is one of their most famous Brande, It is guaranteed to contain only the very finest Highland Malts and is matured in Shorry Wood. Its roundness, delicate bouquet, full body, and delicious after-aste all proclaim it the Whisky par excellence.
SOLE AGENTS
H. PRICE & CO LTD.
No. 135 Hongkong, 18th December
12, Queen's Road Contral,
HONGKONG.
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