THE HONGKONG TELEGRAPH SATURDAY FEBRUARY 10 1912
Notices
DIRECTORS AND THEIR the Company's business. In auch although it is proved that they
LIABILITIES, DUTIES
a case the liability to the Com- have noted honestly and reason
Notices
RAILWAY HOTEL
TAIPEH, FORMOSA.
LIMITED. TIME TABLE. WHEE-DAYI.
pany of those so placed in the po-ably, they will not be readily THE TAIWAN PAK TRAKTA AND POWERS.
sition of directors is precisely the freed by the Court from liability same as that of an agent for ro- for errors committed by them (Continued from last Saturday.) ward, who is responsible to his which have onused loss, unless The liability of a director for principal for any loss oaused by they can also show that they have negligence is perhaps more clear want of such care, still, and done all in their power to rectify diligence na is reasonably neces the result of those errors (National
ly defined in the recont Judgment of Neville J. is the case of Brazi lian Rubber Plantations, Ld. (1011)10h.at p. 437 where he says: I have to consider what is the
Hotels.
HONGKONG HOTEL
FIRST CLASS and Uz-to-datE. /
·J. H. TAGGART,
Manager. 25
GRAND HOTEL,
7.00 .m. to 8.00 a.m. Efery 15 mia. 8.00a.m. to 10.00 m.
10 mia:
"
Hongkong, 20th April, 1011.
10.00 am, to 11.00 pm.
15 valu.
| 11,30 am to 12:45 pm, n
16 mia. 10.min.
10 mio..
"
10.mfu. 15 mln. 10 min.
62]
sary for the proper conduct of the Trustees of Australasia . General Under the Direct Management of the 11.45 pm. ta 1.15 p.m." business of the principal. "They Finance Company (1905) A. C. will undoubtedly be. hold liablo 373). for any loss to the Company oc-
casioned by their fajlure to exer-
extent of the duty and obligo eiso such prudence as they would,
(To be continued.)
"tion of directors towards their in the same circumstances, have FOR photographers. "Company. It has been laid "down that so long as they not exercised on their behalf.
"
FI
honestly, they cannot be made
It must be remembered, how-
a want of personal liability merely because he has neglected to attend to his duties of a director, and has consequently been unawaro
of
A CHANCE FOR EVERY
AMATEUR.
The proprietor of the "Hong kong Telegraph" has decided to continue during February hie
Taiwan Railway D-pt..
EXCELLENT CUISINE
480
'GOOD SERVICE, RATÉS
6 YEN' AND U¥...
Uniformed hotel porter meets all trains and steamers, Luggage ar rafgod for without any trouble to guesta.
Hongkong, 1st Feb., 1912.
HOTEL.
[184
responsible in damages unless over, with regard to an ordinary guilty of gross negligence, director, that he cannot escapo "There is admittedly "precision in this statement of
offer of two prizes for the best KING EDWARD director's liability. In truth, one cannot say whether a mas
acts performed which have photographs submitted to the has been guilty of negligence caused loss to the Company. It editor by amateur photographiere gross or otherwise, unless one can determine what is the extent is duty to make himself ac during the month. "of the duty which he is alloged quainted, so far as he can reason- "to have neglected. A director's ably do so, with the true state of the scope of the competition. To effairs. In the case of Land restrict it largely to active life in duty has been laid down as "requiring him to act with such Credit Co. v. Fermey L. R. 5 Ch, "care as is reasonably to be
"
11
"
EL
*
is
It has been decided to widan
tion and to
Under Entirely New Management.
Excellent Cuisine.
H. HAYNTS,
Manager.
Hongkong, 16th Jan, 1912.
[98
the Colony excludes many sma-Thoroughly Renovated 763, Lord Hatherley L. C. said: ours who are not yet experion- "I am exceedingly reluctant in cod in this class of work. As the expected from him, having re-any way to exonerate directors whole purpose of the competition gard to his knowledge and ox" from performing their duty, and to stimulate interest in photo- perience. He is, I think, not
graphy in Hongkong it has been bound to bring any special quite agree that it is thoir duty felt better to remove all restric "to be awake, and that their qualifications to his clice. Ils
being asleep would not exempt may undertake the management
Give Everyone a Chance. "them from the consequoncos Pictures of active life, then, "of a rubber company in com«of not attending to the business
plote ignorance of everything
of the Company." And in the Pictures of still life, pictures "connected with rubber, without "incurring responsibility for the earlier ease of Turquand v. Marcent or pictures taken months shall L. R. 6 Eq. at p. 130 Lord 80, pictures of life or scenes in Romilly M. B. mid The other Hongkong or pictures takon in any part of China, pictures taken at Home-any picture, general or local, may be sent along if it possesses interest at all. With
41 mistakes which result from!
41
may
com-
Buch ignoranco while if he is
directore-who-may-not-live acquainted with the rubber
"examined the books, must "business he must give the com-
"be taken to be liable for pany the advantage of his
all the consequences which "knowledge when transacting would properly flow from competition of so "the company's business. Ho is
prehensive a character there is a "the fact if they had been ac- "not, I think, bound to take any
quainted with the contents of chance for any amateur photo- "definite part in the conduct of
them. It was their duty to bographer in Hongkong to win one "the company's business, but so
far as he does undertake it heo acquainted, and it was a duty of the prizes. The rules of com- petition appeared in the issues of perform by becoming direc-Feb. 1 and 2.
"must use reasonable care in ite
despatch.
it
14
which they had undertaken to
iora." But it must not bo
"Such reasonable care must, assumed from this judginent that "I think, be measured by the cure it is the duty of directors to
an ordinary man might be, ex-
periodically examins entries in "pected to take in these the Company's books, for "it is "circumstances on his own behalf.sufficient if directo's appoint a "Ho is clearly, I think, not..
person of good repute and com- "responsible for damages occa
polent skill to audit the accounts "sioned by errorsof judgment."
and have no 14
ground for In the case before the Hou60
"suspecting that anything is of Lords of Dovey v. Cory (1901) wrong" (Ubitty J. in Denham's A. C. 477, where it was sought to case 25 Ch. D. at p. 766). So in make a director liable for a larg the Marquis of Bute's case (1892) sum, part of which had bona paid 2 Ch. 100, where one of the direc in dividends out of capital, and the other part lind been advanced.tors or trusless of a savings Bank omitted to attend Board meetings! on improper security, it was
to which he was Bummoned found that the director, in asset Stirling J. said: "Neglect or ing to such payments, had relied
"omission to attend meetings is not,
on the judgment, information and my opinion, the same thing
44
Photographic Competition
Соироп.
Feb. 10, 1912,
"I
agree to enter the photographic competition on the express understand- ing that the oditor's do- cision shall be final, and that he may, at his discre tion, use the print sent herewith either in the "Hongkong Telegraph or the Weekly Tolograph.
Name............ Address....
11
advice, of the chairman of dirceas neglect or omission of a duty UNIVERSITY OF HONGKONG, tors, and the general manager of
which ought to be performed at
the business of the Company, these meetings," and the director whoso integrity he had no ronson for suspecting. In this case the was held not liable inasmuch as director may be said to have acted he had every reason to believe that the affairs of the Bank were imprudently in not more thorough-
OPENING CEREMONY.
THE UNIVERSITY BUILD-
INGE WILL BE OPENED on MONDAY, MARCH 11TH, 912.
AERTEX
CELLULAR.
r 11 A.M. BY HIS EXCELLENCY ly investigating the state of being properly conducted, and BIR F. J. D. LUGARD, G.C.M... affairs of the Company, but Lord the accounts were duly audited. O.B., D.8.0., GOVERNOR OF Halebury L. O, said (p. 480): "The inference to be drawn from HONGKONG AND CHANCEL
those authorities is that if the LOR OF THE UNIVERSITY. cannot think that it can be ex-facts of the case are such that a
UNIVERSITY BAZAAR. pected of a director that lie
director, who omits to attend ahould be watching the inferior meetings of the Board, can have The Opraing Ceremony of the Uni- "officers of the Company or
verifying the calculations of the no reason for suspicion that rerally Buildings on March 11th, 1912. "aaditors himself. The business anything is wrong, he will not will be followed by a SIX DAYS be held liable for negligence. But BAZAAR. (March 11th to 16th in- "of life' could not go on if people if there exist any reasonable clatire) in the Buildings and Gronde, "could not trust those who are
put into a position of trust for grounds for such suspicion, ne in aid of the funds of the University. "the express purpose of attend-where the balance sheets or ac-
44
"ing to details of management,"
was, hold not liable.
A great variety of European, Chiesa counts are apparently delusive, and Japanese articles and curio for sale; exhibition of me of the finest
REGAL
SHOES
J. T. SHAW,
TAILOR
and
OUTFITTER,
21, Hongkong Hotel Buildings, Queen's Thad.
„1.15 p.m. tv 1.40 p.m.___._.
1.45 p.m. to. 2.15 p.m. 2.16 p.m. to 6.00 pm
0.00 p.m. to 8.10 p.m.
NIGHT OARS. -8.45 p.m. and. 9 pm, 9.45,p.m. to 11.80 p.m. every 10 minutes. SUNDAYS.
7.30. J
8.00am to 10.30 am, every 15 min. 10.30a.m. to 11.00 am.
*.10 min. 11.45 a.m. to 19.00 noon 12:00 noon-to-1.00-10 min.
1.00 p.m. to 5.00 p.m.
F
15 min.
Telephone 197,
MANAGEMENT & QUISINE UNDER EUROPEAN MANAGEMENT
F. BEICHMANN, Proprietor.
16 m/s. CE
10 mia.
5.00 p.m. to 8.00 p.m. 8.00 p.m. to 7.00p.m.16 min. 7.00 p.m. to 810 p.m. 10 min NIGHT CARS as on Week Days. SATURDAYS,
Extra Cari at 11.45 p.m.
SPECIAL CARS. · Arrangement at the Company's 'Office, Alexandra Bulldings, Des Voeux Road.
JOHN D. HUMPHREYS & SON,
General Managers,
Hongkong. Srd Nov., 1911.
NOTICE.
IN THE MATTED or Sia RoBNAT
HART, BARONET, s.o.ma, DronasEL,'
N
JOTICE is hereby given that all
person hering elaims against
or who, are indebted to the Estate of SIR ROBERT HABT. Baronet, (1.0.M.G., deceased late of Feking the Empire of Culas, Inspector General of The Imperial Chinese Maritime Customs,, who died on the 20th day of Seplombir, 1911, and probite of whose Will was granted by His Majesty's High Court of Justice in England on
theth day of November, 1911, to Bir Edgar Bruce Hart, Dronet, son an! Dame Hester Jana Hart, widow the
1.
ASTOR HOUSE
(LATE CONNaught hoteL)
QUEEN'S ROAD, HONGKONG. `ENTRALLY situated, up-to-date Hotel, Recently renovated, and under. satirely New Management. Large and Comfortable Rooms, Exoallant. Onitine under the supervision of an Experienced FRENCH CHEF, separate Tables, Hot and Cold Baths, Eleotris Light, throughout. Termis moderate, First Class socommodation for Families and Tourists.
For particulars sod rates apply, to
PROPRIETORS.
Telephone, 170
Tolograma." Astór.”
OPEN AIR SKATING RINK
BELLE
[24
AT
VIEW Telephone No. 007.
HOTEL,
SESSIONS.10 A.M. to 12 Noon.
2 PM to 4 P.M.
Admission 25 cents.
5 P.M. to 8 PM.
P.M. to 11 P.M.
"Admission 50 cents.
String Band will play withe abore_Hotel_avery, Sunday commending-
rom.4 pito. to 10 p.m.
Hnngking, 24th January, 1912
HOTEL CRAIGIEBURN.
PLUNKET'S
W. GALLAGHER, Manager.
[23
Hurtado, Mr. and Thomas, B. P.
Mrs. E. L. Inace, Cipt. R. GAP. Joseph, E..M.
The Peak, near the Trem Termina.
Tel. 56.. For Terms, apply to the
rolict two of the executors named in the said Willpower reserved to make the like grant, to "BIR ROBERT EDWARD BREDON, K.C.M.G., are hereby re- quirol to send particulers ikereof to the
ald Sir Robert Edward Brodon, Peking (27) or to the undersigned forthwith.
J. O. E. DOUGLAS,
6, Poking Road, Shanghai.
MANAGER.
HOTEL LISTS.
HOYOKONG HOTEL.
THE GENERAL ELECTRIC Galdwin, Mr. and Madar, S.
16
Telegrams
Sparkless
CO. OF CHINA, LTD.
Triephone $18.
Mr. A. M.
16, Des Vœux Rd., Hongkong,
Belilios, Mrs. E. R.
and maid
Marriott, Dr. O. | Baitor, Mrs, A. E. Maishull, W. D.
Meines, Mr. & Mr. Bates, E. R. Beiken, B,
Mm. J. T. W. Belilios, Mr. & Mrs. Marokant, Dr. &
R. E.
Mr. T. P. Merts, Admiral &
Mrs. A..
Bell, O. D. J.
Mick's, D. H..
Moore, J., Jr.
HEAD OFFICE: 7 JINKEB ROAD, SHANGHAI, DIRECT AGENTS OF THE MANUFACTURERS OF ALL KINDS OF
ELECTRICAL MACHINERY, APPARATUS, FITTING ACCESSORIES, TELEPHONES, Wires and Cables, &c, &c.
50]-
RETAIL SUB AGENT
WM. C. JACK & CO., LTD.,
1. Des Voeux Road, Hongkong... SHIPBUILDERS BALVORS, AND "REPAIRERS, BOILERMAKERS FORGEMASTERS, BRASS AND IRON FOUNDERS, CONSTRUC-
TJINAL, ELECTRICAL AND MECHANICAL ENGINEERS.
For these reisons the director or if a director attends meetingseillections of porschin in China; grand] and neglects to look into accounts,
evening Conversazione; Chinese theatro, From the foregoing authorities or to take any steps to allay his Military and Naval entertainments and
suspicions, he may be held to be ate to. it will be seen that, although a
Farther detei `will bo'published in director is not bound to bring so liable. He must have good any special qualifications to his reason to be satisfied that the due cours
Hongkong, 9th Feb., 1912. ollice, if he possesses them, he affairs of the Company are being must use them for the benefit of properly conducted in order to the Company; and although he free himself from liability for is not bound to take any definite negligence in omitting to actively part in the conduct of the Com-interest himself in those affairs.
A director will be presumed to pany's business, what he does must be undertaken with such be fully acquainted with the reasonable care aa an ordinary provisions of the memorandum man might be expected to take and articles of association of his Company (Lane's case 1 D. J. & on his own behalf. Moreover, a director is justified in relying on. 504), and therefore to know
how far his powers extend.
the information and advice given
him by important officials in the
The stringent provisions of the GRAVING
DOUK
Morn Appliances for quick construction and repair of Ships. dEngines, Boilers, Railway Rolling Stock, Bridges, and all Os of Engineering, Iron and Wood Work Elostrical Drives, Hydraulic & Pneumatic Tools,
installed throughout the Works.
OF HONGKONG, LIMITED.
50-ton Hydraulic TESTING MAO HINE for Chains, Wire Ropes, Rivets
and Metal Specimens.
TAIKOO DOCKYARD & ENGINEERING CO. TAIKOO
DOCKYARD, HONGKONG
employ of the Company, such as law as to the liability of directors, 787ft. by 88ft, by 24ft. 6 in the manager of its business, if either for a breach of trust, or for pamps empty Dock in he has no reason whatever for negligence, aro somewhat modi-hour doubting the skill and honesty of fied by Section 279 of the Act of
thone officials.
1008 (the provisions of which are THREE PATENT SLIPWAYS But where persons are in the now incorporated in Bec. 258 of taking ressels up to 8,000 tons position of directors of a Com-the new Companies Ordinance in displacement, providing conditions for pany, and are at the same time in Hongkong). By this Section painting ships with most afficient sesalt the actual managers of its busi-power is given to the Court to 100-Ton ELECTRIC OR ANE on DAY- ness (as in the case of a Com-releive a director, either wholly, ELECTRIC OVERHEAD CRANES THROGAROUT.
or partly, from such liability if it Tum Bors Bavotne ur to 100 Tous, pany of which General Managers
varios p
are appointed in lien of directors) appears on the hearing of a case stated given for Docking, Lapalco to Hull and Machinery, their duties au responsibilities against him that he has acted Coustractional Works are greater, than those of ordinary honestly and reasonably, and
directors, who, it is well know ought fairly to be excused for his MA "AND" ACESTEI
the shareholder cannot them negligence or breably of trust,
selves undertake the conduct of
But in the case of paid directors,
TUTTERFIELD & SAVIRE
"BONGKONG, CHINÉ.
Telegraphio Address 2000
TAIKOODOCK
Bernie, J. Broma, 8. M, Bamsan, F.
Chilvers, P. T.
Clarke, W. E
Candell, G. B.
Joseph, M. A. Joseph, R. M. Kapp, W. B. Kopp, A. Kinroman, A. Lang, Mr. & Mrs.
Matheson Later, Capt. H. E. Liper, Mr. & Mrs.
J. G. Lemaitre, R. Lloyd, G. T. Love, Mr. & Mrs.
Lowe, F. H. Lynn, J. T.
Thorndike, Bussell Tomlinson, F. 8.
Thebber, Capl. K
Trimm, O.
E.
Tyner, Mr. & Mrs.
A. W. Uremura, K. Vormelj, G. Volibrecht, Mr. &
"Mm. E. Warren, E. J. Waterman, E. J. When'or, Mrs. R.
W. and infant White, Mr. & Mr.
H. L. II. William, Min
GRAND HOTEL
Aqui t, Mr. & Mrs. Kelly, Mr. & Mru Bates, F. L. Bellinger, 8.
McKean, Dr. G. W | Boltshanam, Hr, & Kinghorn, Hr, and
Mr. H.
Влодах
Mitchelmore, E.V. | Braten, F.
Moore, Mr. 8. Bruner
W..
Mandatook, R.
Davies, Hon. W. March, A. 8.
Bou, K.,
Neiden, Dr. H.
Noble, Misa
Darien, Mr. & Mrs. Nisbot, Dr. W. B.
J. B. Davies, Bov, A: W, Noble, Mer. Derham, Wm. A. Derlin, Dr. G. A. D'Ontiingen, V. Dodwell, G. M. Dreadan, E. Drow, W. 0. Dansing, E. H. Eamen, E. J. W. Ehrenfels, Mr. and
Mm. H. C. Eitzén, J.
Findlay, Dr. W.
Fisher, B. G.
Florin, A. G.
Fos, F. E.
Forrecter, J. Faller, Denman Gaubert, B.
Northcombo,
Capt. & Mr. Ossorio, Mr. Page, 0. F. Farrington, J. B. Pearson, Mr. & Mr. Peter, Mr. J. O. Quelch, Mr. and
Mr. H. Raphael, O. Raj, E. H. T. Baymond, E. M.
Gardiner, E. E.-M. Garrow, IL.. George, Mr. & Mrs.
1.J.
George, Miss
Hey, Miss F
and
Reid, N. B. Bics, J. H. Ripley, Misa Ritchie, Mr.
Mr. Ritchie, Miss----- Ritchie, J. Ritter, F., Robbins, F. L. Bobinson, W. V.
|
J. F.
Kort, Dr. F.
Mrs. J. R. Lenfosty, F. P.
MoKay, W.
Minhaatz, J.
| Orow, Mr. & Mrs." Mysil, A.-F.
A. B.
Cord, Capt.
Dautar, E C.
| Padpi, Chas, T..
Nathan, A. H.
Nish, W. Molna
Page. Th. B.
Pond, F. H.
Evans, Mr. & Mrs. Haddatz-.
G. H.
| Fægeri, Mrs...
Gerriller, Lt. Bodyk, Mm. F.
Comdr, de Boas, O. E Giles, Mr. and Mr. Schrangel, H.
A. 'B;
Boort, B. Q. A. Goatbourn, Y.
Scott, Miss D. Gould, Mr. & Mr.J, Belts, Mrs. J. D.
Shelton-Hooper, A. Sibley, J. O. Simpson, Mrs. F. Bilaguley, A. Smith, R. O. Smith, Mm, E. C. Smith, B. H..
Graham, C. A.
Gry, D. 8.
| Grimstaw, B. J. Haggart, J. B. Hale, Mr. & Mrs.
B.A
Hall, Capt. T. P. Hannibal, Mr. and. Smith, Matt.
174Mm. W. A. ̧
Boloxos, EL EL Hanscomb, C. H. Spalding, Dr. and Hanison, A. Mrs. A. D. & inft.
↑ Heath, Mr. & Mr. Spear¦ Capt. H.
I L
Bpittion, 3.
Ilidgar, A. L.
Taylor, B.
Yonog, Miss B.
Wagner, P. O.
Francisco, Mr. 11. Ternan, J.- Helm, B.-E. Horbaos, J. Ingram, J. F. Jams, B. Johnston, Cap.
B. 'A.
Abdala, Mrs. Alleg, E
Barrier, J.
Williams, J. M.“-
Williams, Misa: Williams, Mr P. H. and child
Αετος Ποτα
Birot, 'L Bors, Mr. &
Mr.
J. P. Botos, L. E Chstetoan, Lieut. Cherry, B. Chopard, F. A. Clucke, B. T. Dalman, S. M... Domingo, U Egberth, E. H. Eger, J. ETADI, C... Fernandez, A.
Fogarty, E. J. Free B. C. Granado, A., Guiller, D. Hates, C. B. Jessen, Mr. Mr. &
E. Y. Joseph, L. Kay R. O.
Lapioque, PA, Logue, H; M.. Ling-bil, V..
Machado, J. A. Mollar, Mr. JAY Morriss, Mrs. K.
di
Morton, Hr
--Musso; di" - Ostalo.
V. Pudet taas Narrulin, F.
Pinillips," Mr. and
MOJA W. Plowman, L
Rebke, U.
·Bibia't, L.
Koberts, Mr. *Boller, His B.
Safrany, P. Schmid, Ober Blak, Capt. J. W Spinaler, Mr. and
*MikⱭ, B
Thornton, Geo. Traco, J..J. Trenty, Dr.
Landvatter, Mr. 4 Walker, L. GIG
Mrs.
ORAILCHRUÀM, Adama, Mr. & Mrs.' Hasel
& 2 children "Aston," "Lilent," and "Voni SOM
Caldwell, Mr. & Mrs. Kydd, Chinchon, B. J. Ginakell, Mr. and Mic?
Heron, Miss N. Sparge, H. 8. Hewett, Hos. E.A. Builiyan, H,
exo
Square, kilas W. Howett, Mrs. E. A Bialner, J. and Higgins, J. A. Mm. Q/B... Hollway, Rondell Stevenson, Mr. & Holloway W-E. Mm/0. E. Heigh, Dr. A. Sirnther, J. Howard, Mr. and Sutherland.P. D. mat
#Max. W.. Chayer, Judge B.
Cinsat
Wils