DIRECTORS AND THEIR borne out by reported cases in
LIABILITIES, DUTIES
AND POWERS.
which the Interpretation Act 1889 was relied upon, q.g. in the case of Roberte Potts &. (1803) 2 Q. B. 33 (aflirmed by the Court of Appeal
(Continued from last Saturday.) (1804) 1 Q. B. 213) Bruce J. hold
Forciga Corporations,
:
the Act of 1907) expressly relates, however, only to a company which establishes, und not to one which has alreally established, a
In Hongkong the position is different. The Act of 1907 was until the now. Companies Ordin- not extended to the Colony, and, Actance of 1911, it was not made in-
unbont upon any company in- «. corporated outside the Colony to
that the Act did not apply as "there were no existing rights to Section 274 of the Act of 1998 "be preserved; "and in the com- (which Act reposlo altogether paratively recent case of In re was held that an obligation under Harta &c. Co. W. N (1909) 48, it
the ropealed Companies Act, of 1900 to register certain deben- tures, as also a right under that placa of business in the United losion of time to effoot Ast to apply for ap OX- Kingdom. The reason for this registration, was proserved by the doubtless was that foreign com- laterpretation Act, evidently panina, with branches already os-though it ie not so stated in the tablished, wero under an obliga-had been incurred, and such right report) because such obligation tion to comply with the provisions id accrued, prior to the repeal of of the first part of Section 35 of the Act of 1900.. the Act of 1907 up to the time of its repeal, which obligation continued, by virino of Section 38 of the Tatseprotation 1899. But the fact appears to have been overlooked by the draftem in of the Act of 1905 hit, any documents with the Ro although the obligation imposed unt Ordinance, every such com
gistrar. Now, by Section 252 of on foreign companios, with oxist- "pany which shall establish a ing branches in the United { place of business within the "Co- Kingdom by Section 35 of tha Act
"lny" is required to do precisely of 1007, was merely, in the first the same things as a company instance, to file cortain docu.amts, Kingdom is required to do incorporated outside the United it provide that, every your after-under Section 274 of the Act wards, an obligation shonlarina of 1008: This Section of the Or- for subli camp 17ios to filo a state for word from Section 247 of tho dininca, which is oopiod word sment in the form of a bilance Act, except that the words "shall shoot. No obligation, of course, "establish are substituted for could ariso prior to the rapeiltoword
establishes "expressly relatos only to foreign companies
of the Aut of 1907 for any which shall establish a place of „foreign corporation to filo a stato-business in the Colony after the ment of its affairs as they should commencement of the Ordinance, appear some yours later: Thero-and cannot be strictly construed fore, it is submitted, there wors
so as in anyway to affect foreign no existing obligations, so far as established such a place of busi- companies which have already regards the filling of statements ness. Nevertheless it may, be in future years, to ba prosorved that it was the intention of the by the saving clause in the later in longkang as nearly as Legislature to bring the company pretation Act, Awhich provides possible into line with the law that the repeal of awAct shall nog of England, and so to make "affect any right, privilege, ob-[applicable the provisions of Sac- "ligation, or liability acquired, in 252 of the Ordinance to all 'accrued, or incurred andor any ofsidd the Colony; for precisely existing companies incorporated enactment so reposlod." But, slis samo grounds for its so ap- as & right, or obligation, cannot | plying exist in Hongkong as exist be required, or be incurred, in England. But although such the legislature it could not be many havo beon the intention of shown to be so in the same man- neras a similar intention could be shown in England, for the state of the law in Hongkong prior to
under a repeated and couse quently non-existing Act, for it can only have been acquired, or have been incured, while that in force, it might
now
Act was well be conton led in England Ordinance was not the same as
coming into force of the
that the ropoal of the Act the ante of the law existing in of 1907 prevented any obliga- England prior to July 1008. The provisions of Section 202 of thereafter arising the new Ordinance would appear
tion from
alioot.
10
THE HONGKONG TELEGRAPH, SATURDAY, MAY 25, 1912.
No, "any tonic" won't do
-Get Sanatogen
The doctor's parting caution emphasises a convic. tion based upon knowledge and experience. The doctor knows that the ordinary "tonic" is nothing? but a temporary stimulant. He notes that his patient needs something which will actually nourish the run- down nervous system-which will convey to the cells the very substance of which they are built up, and he knows that this very substance is scientifically cou bined in Sunntogen, which is in truth 'a défin.te organic compound of pure milk-proteid and glyceros phosphate of sodium, the two great essentials for". nerve repair.
The Great Invigorator.
The doctor knows that the claims made for Sanatogen. have been abundantly verified by scientific investiga- tion-that its merits have been acclaimed by leasting authorities and by thousands of his brother physicians. Inst, but not least, he knows from his own experiènce what Sanatogen is capable of doing. He has watched its rejuvenating effect upon people whose nerves had been undermined by worry, overwork or illness. He has observed, too, how wonderfully it improves appetite and digestion, how it promotes sleep, how it conveys fresh vigour and vitality to the overworked body and mind-in short, how wonderfully, it strengthens the forces that winke for perfect, vibrant Berve-health...
For Convalescence in Tropical Diseases.
The supreme value of Sanatogen, both as an energising Louie and as a highly nutritious and concentrated food, is vividly shown by its effects on convalescents from Malaria, Dysentery, and other tropical diseases.
Dr. Beheim, writing in the "Colombɔ Indepen- dent," says:-"If any remedy should find the widest appreciation in tropical countries it is Sanatogen. Not only in my opinion, but in the opinion of many well-known snedical men, there is no preparation which is as powerful to restore vitality, no better toaic and none more suitable to convalescents fross-tropical discases," Another doctor writes from Dum Dum, Bangoro: "I have used Sanatogen with, most gratifying results in several cases convalescing from Malaria, Dysentery and Typhoid. It is a nerve tonic of highly nutritive valus and stimulating influence, I recommend it higily. Furthermore, I have Personally derived great benefit from ita use,"
Try Sanatogen To-day.
Do you need a tonie? Are you aware of the futility and langer of using stimulants? Are you longing for a genuine, thoroughly trust orthy fooltonie of provet mest? Then you should at are obtain a supply of Sinatogen und an lay the foundation for bester healfi, strength and happiness. It can be obtained 1 Hong Kong from Mersin, A. S. Wat on & Co.; The Sincere Co., T, 215/21, Voyeure Road; and of ali Chemists,
The Hon. Mr. Justia
Robertson, Judge of the Suprema Court, Labole. Punjab, writes: "My exper ente with Sanat ogen bus been very favourably. I took it for some months during the must trying season of the year, and foniul it a great mengthener.**
Sir Charles A. Camerin,
C.B., M.Dete writes: "Samatogen is substance of the highe nutritive value, coninia ing as does a begr amount organic pho.. phorus in exactly the foren in which it can le easily shworbed. It is excellent nerve food.
Mr. Shilly Tremears.i Editor of Capital,” 98, « Clive Street, Calentín, writes*I cannot speak too highly of Satogen, it not only kept me during a sharp attack fever, but afterwards r stored the once more 10 full vigour. In fact. : was biter and stronger after tils course of Satiat ogen had before altack,"
"
*** The Heikal Times"
saysThere is doubt vitever that the nutrition of
patients taking Sauntogenine proves wonderfully, da,
alt probability to its being y of asshuil.. tional to the organ absorbakle phosphoru
which contains."
Sir Gilbert Parker, N... the polar Novelist, writes: 20, Carltou House Terrace, SAY.
I have used Saningen - with eximordinary bene ML. (1 À 10 Fuy inted s tric To tonic, feeling the nerves, increasing the energy, and giving, fresh vigour is the over-worked body mind."
Prof. Dr. A. Ewald. of Der University, writes: I have used Sanatogen 'lu a number of case, mainly of nervote of neurasthenic rigin, and have obtained excellent results."*
THE
Hotels
HONGKONG HOTEL
A LA CARTE GRILL ROOM. Now Open.
Hongkong, 20th April, 1911.
J. H. TAGGART,
Manager. (35
GRAND HOTEL,
Telephone 197.
MANAFOMINO BIJ JASINA UN DER EUROPEAN HAVAJEM BIFY:
F. REICHMANN, Propriet г.
02]
ASTOR HOUSE
(LATE CONNAUGHT HOTEL.) QUEEN'S ROAD, HONGKONG.
CENTRALLY stated, up-to-date Hotel, Bocently constated, an ander
Now Management.
LargeTM and Comfortable Rammy, Excellent Cuisine under the supervision of an Kepuriennal PRENOU CHEF, ud separate Table, Bot of Old Bath, Bentric Light throughout.. Terms moderate, First Olum accommodating for Families and Ponrikta
For particulars and rates apply to
Toinphous, 170
Estegeun« ** Anisse."
PROPRIETORS.
[
OPEN AIR SKATING RI K
at
BELLE VIEW HOTEL
Telephone No. D07.
Sessions: 10 to 12 Nrs, 2 vxt to 4 1.4. Admission 25 conts. 5 P.M. 8 r. 9 r.x-to-11, rim. Admission 50 cents. String Band will play at the above Hotel every Sundry, commencing fam p.m. to 10
W. GALLAGHER, Manager.
THE TAIWAN |KING EDWARD
RAILWAY HOTEL.
TAIPER, FORMOSA Dader the Direct Management of the Taiwan Railway Dopt
EXCELLENT CUISINE ANU GOOD SERVICE. RATES
6 YEN ASD Ur.
Uniformed hote. poster meets all trains and steamer. Laggage are ranged for without any trouble to guests.
Hongkong, 1st Feb., 1912.
(132
HOTEL.
Under Entirely New Management.
Thoroughly Renovated.
Excellent Cuisine.
H. HAYNES, Manager.
Hongkong, 10th Jan., 1912.
THE
GENERAL ELECTRIC
CO. OF CHINA, LIMITED.
MANUFACTURERS AND IMPorters.
HEAD OFFICE-
7, Jinkee Road,
Shanghai.
Telegrams
"Genlgotric."
16, Des Voeux Rond,
Hongkong. Telophone 518. Telegrams" Sparkless."
MANUFACTURERS of Complete Electrie Plaat, Power
PROVIDENT Schemes and Complete Telophone Installations,
CHINA LOAN AND MORTGAGE 20., ID.
-(Carnal Ekin Ur.. 21 350,000.)
to Mongage of Hase Frojeny
&o..
for companies which had already to support, to some extent, the provisions of the Section sp established places of business in a emotion that the Logis-applicable, it would be necessary
Eastern Shipping Company. the United Kingdom to file alatim dil intead
not
Mr. Joynson-Hicks uskod the statement in the form of a balance exclude from the application to amend the Section in accord-Seorplary for the Colonies in the ance with the terms of Section license to the Eastern Shipping thereto of Section 252 sny foreign 35 of 1007, Should this be done, Company imposed by the Gover- It is obvious, however, that it commation which had established the directors of such a company, nor of the Straits Settlements, the cannot have been the intention of a place of business in the Colony if in the Colony, or other officer company's fleet would be driven the Legislature to excludo such priar to 1912, inasmuch as this or agent of the company in the away from the British Empire companies from any obligation to inter Section renders it necessary Colony will be liable to be pro and compelled to construct a slip comply with the provisions of for all companies incorporated secuted for a penalty of $500 for iu Siam where it could enjoy the Section 274, and to release the outside the Colony to comply failure to comply with any of the privilege denied to it in the Straits de revived Burg from the obligations which would with the provisions of the first have annually arisen had it not part of Section 252 before they requirements of the Section, or, Settlements of repairing its own beon for the repeal of the Act of in acquire immoveable property in the case of a continuing ships without restriction; and, 1907. There could be no possible after the eminencement of the offence, for a penalty of $50 for seeing that, by holding the com- reason for so enacting. In fact Ordinance; and it may not be very day during which the pany to the observance of such it appears to have been taken for esay to see how a company can
conditions, he would render value. granted in England that Section be required, for any purpose, to
(To be continued)
less the oipital expended by the 274 of the Act of 1008 applies to comply with a Section of an
company in the construction of all companies incorporated Orionince, if such Section were THE FAR EAST IN
their slip, whether he would con- abroad, with existing establish- not intended to be applicable to
sider thond viability of releasing menta i England, just as much that company. Of course Section
PARLIAMENT.
the company from the conditions as Section 3 of the repealed 25% may be said to be merely
of their licence. Act of 1907 so applied, Wore pormissive, and to in noway
contended
it
answor
"
offence continues.
In the House of Commons
otherwise the render it obligatory upon on April 22, would probably be foreign company to comply with asked the
Mr. Lewis Harcourt: I am not Colonel Yate aware that the consequences of Under-Secretary adhering to the conditions impos
ture has been useless, they have
that there is such a thing as the earlier Fection, but none for India if he could give any od will be an suggested. If the construing an Act according to the less it absolutely prohibite information regarding the present company find that their expendi- "its intent, though not according the future acquisition by any state of affairs ia, Thiber, "to its words" (In re Bethlem company incorporated outside the Hospital L. R. 10 Eq. 459) and Colony (whether in the United sent month fighting between the persisted in the construction of "In order to construe the Section Kingdom, in a British Colony, or Chinese and Thibetans at Lbasss, slipways after they had been
"
Mr. Montega: During the pro-only themselves to blame, as they
we are entitled to consider the in an alien country) of land in Gyaniso, and Shigatse has been warned that the Government
Advance quade on Mar headise.
an aude on the Provident Systed (Rate and Particular on «pplication),
THE UNION BY . TRUSTEE, EXECUTOR 01 WILLS, ATTORNEY, &c.,
Cocanalon and Exculel
HEWAN, TUMS & Co.,
·Gebar) ManagEN, "
Mamh 1014. [28
709
WORKS.
LONDON, WITTON, MANCHESTER, BIRMINGHAM. Fittings, Shades, Bells, Telephones, Batteries, Switchboards and LARGESTOOKS held of all Electrical Supplies, Wires, Cables, Switch Apparatus, Steam Dynam? Sete, Motors, Are Lamp Carbons, Robertson Lamps and Osram Metal Filament Lamps.
FULL PARTICULARS AND ESTIMATES GIVEN ON APPLICATION.
Retail Agent in Hongkong-
WM, C. JACK & CO.,
Telephone, 358.
LTD:
14, DES VŒUX ROAD,
195
SHIPBUILDERS, SALVORS, AND REPAIRERS BOILMAK RE
FORGEMASTERS, BRASS AND IRON FOUNDERS, CONSTRUC TIONAL, ELECTRICAL AND MECHANICAL ENGINEERS.
Modern Appliances for quick construction and repair of Ships- Engines, Boilers, Railway Rolling Stook, Bridges, and all Classes of Engineering, Iron and Wood Work Electri- oal Drives, Hydraulic & Pneumatic Tools, installed
throughout the Works.
TAIKOO TAIKOO DOCKYARD,
OF HONGKONG, LIMITED,
foreshere. The fact that they, 787ft. by 68. by 84ft 6in.
bohalf,
50-ton Hydraulic TESTING MACHINE for Chains, Wire Ropes, Rivets
and Metal Specimens.
DOCKYARD & ENGINEERING CO.
HONGKONG
Lagranki
DOCK
taking us up to 5,000 tons
displacement, providing coalitions for painting tips with most näident result 100-TON ELECTRIO CRANE OF: QUAT— ELECTRIC OVERHEAD CRANES THROUGHOUT' Tim Boon Raxeixe ur to 100 Toxa,
state of the law at the time it the Colony of Hongkong unless reported by the British trade would not permit the use of the GRAVING DOOR was passed" (Phillips v. Race the provisions of the first part agent. It was stated thit at word subsequently allowed a 16- Cumpe (mply Dook in. 24 Q. B. D. 20). It is, of course, of Section 252 are complied with, Lhassa continuous fighting had stricted use of the foreshore shoirs P 3-4 hours. possible that the Interpretation and the ennotion of the Governor-ended the Chinese sooking a true; Act, Section 38, might also be in Council is obtained. As, how that at Gyantse the Chinnse that way were treated with THREE PATENT SLIPWAYS relied upon; but, for the reasons over, the intention of the troops surrendered their arma and ceptional consideration, and I am before statod; it is submitted that Legislature to make applicable ammunition to the Thibetous, and not prepared to intervene on their Buch Act cannot be hofd to the words in Scotion 252"overy received the cost price of the saine render enforceable, under a re- "company to which this Sention and a sum of money for travelling poslo] Act, any obligation other «
applies to all existing com- expenses (laughter) with than one which arose prior to panics incorporated outside the which they left for China, via such repeal. To be enforceable, a Colony, with branch establish- India; and that at Shigatse Give PLUNKETS right or obligation must be one ment here, must, at any rate, be days' fighting, in which the losses which notually existed at the doubtful, the Sootion could on both sides amounted to 12 kill time of the repeal-it mat ba and be construed as having cu and one wounded, resulted
right which was acquired, or antlis effect, for, 超
con- similarly, No information his obligation which was incurred, stras it, the intention must be been received regarding the move urlar tugrota. "Thia gontention, obvious. Therefore, to render mouts of the Dalai Lama,
HOTEL CRAIGIEBURN.
GAP
The Posk,
the Tram TerminCE
For Tarma, ypy fot
271
MANAGER
stimate given for Docking, Hepal's to Hall and Molinery, Bonstruxinal Work.
Mawagus And AGIRTS/
BUTTERFIELD & SWIRE
HONGKONG, CHINA.