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THE, HONGKONG TELEGRAPH, THURSDAY, FEBRUARY 19, 1914.
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Stolen Fittings,
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Woman's Loss:
+
A woman living in Belchers Street states that there has been stolen from her cubicle ten piebes of clothing, value at $54, and S. WATSON & Co., Ltd. nine gold buttons.
Clothing Stole.
CHEMISTS &c.
BY APPOINTMENT TO H. E. THE COVERNOR.
The objici of this paper sa 13 publish" c'rrect information, to serga. the tri lĥa
and print the meme without far or fannur,
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BIRTH.
1$18.
POLICE FIRE ON CHINESE.
SHEWAN, TOMES & CO THE FOLICE ATTACKED,
Partnership' Dispute: Appeal
sa Dissolution Action.
Pummone
.
THE CHAMPIONS WINSER.
Interesting History of President.
THE SHAMMER.
Trick which Did not. Work.
the
More about the affair at Kowloom.
The Police report of the affair
A Chinese who was up to more This morning the Full Court of at Kowloon, when a party of For over thirty years Mr. F. B. than one trick was half carried Appoal, consisting of Sir Havil-Pulize ware stoned by Indians, Marshall raced in China and for into Mr. Hazoland's court this SHUT FAST THY DOOR, AND HOLD land de Bausazrez, presidens, the laws that the affair was of con- a period of eight years Mfr. Vids morning. He was charged with Chief Justice, Sir W Reos aiderable seriousness. It appears was his jockey; in fact, until the having stolen copper sad solder Davies, and the Paisas Judge that about coon yesterday Acting well-known owner nevered his from the Naval Yard. 'The Mr. J. J. Bernedo of 1, Prince's Mr Justice Gompertz, resumed Inspector Lamont with a party of connection with the turf. Presi- copper he had wound round his Boilding reports to the police that the hearing of the someone stole from his rickaba, of appeal, in
motion European and Indian constables dent, the winner of the Hong-leg. the bruna fittings of the hood,
which Char came upon a dozen Indians be- kong Champions, is the pony with His ebamming of iliress did los Alexander Tomes is the ap- longing to the 126th Baluchia which Mr. Marshall won the not avail him anything. Dr. Attempted Suicide. A Chinese jumped into the Pellant and Robert Shewan the gambling on the billside near Lo Derby at Shanghai two years Bell bad previously examined. barbour yesterday from Douglas respondent, that the Court be Lung flang Valley. The body of ago. Then President rau third him and had said that there was wharf. He was rescued by some the appellant for an order that on, numbered about twenty in all Champions. President also wou
mored by counsel on behalf of Indians including thore looking in the Leger and second in the nothing the matter with him sampon people. Ile i believed to the judgment dated the 26th. day and they were found in a ravine. two races at Shanghai at the the doctor's report and showed The magiate agreed with of January, 1914, of His Honour The gamblers promptly ran last meeting, one of one and a the prisoner little sympathy. He the Chief Justice on the bearing away on the appearance of the quarter miles, with five pounds is to go to prison for two months, of the October 1913, and the order (if captured. They were arrested by outside the time of Sir Pilleas, and will afterwards be banished. dated 4th.Police and two of them were of a penalty, and did a second will undergo four hours' stooks any) signed pursuant thersto, he Coustablen: Brown and Shaftin. ridden by Mr. Vide when reversed and that it may be On seeing that the body of Police victoricus in the Champions and of the legal goodwill, none of the adjudged that the appellant is was enmewhat small the Indians the St. Leger last November, Mr. right of succession. They could A Chinese shupkeeper of 308 entitled t have the business of who had run away returned in or- Hooper was then the owner of scramble with the ret of the Queen's Road West, reports to the the firm of Shewan Tomes and der if prasible to effect a rescue of President, having paid Tin. 2,000 world for some of the popolar Police that some person stole from Company sold as a going con- the two arrested men. The Police for him. On Mr. Hooper leaving goodwill, but ret none of the his cubicle yesterday morning corn and for an order that he party was overpowered and had for Home, the gallant pony was legal goodwill. threo pieces of clothing valued at respondent pay to the appellant to let their prisoners go. For a put up for auction, and Mr. Vida,
the costs accasioned by this ap time. indeed, the attitude of knowing the quality of the an- fact the goodwill of Shewan, The President-It is not in peal, and for such further or the Indians was decidedly danimal, bad him knocked down to other order as the Court may gerons. They throw stones at the him for Tls 1,000. Mr. Vida, Tomes? think fit.
Police from higher up the hillside not racing ponies
Mr. JenkinExactly. Now, himself In the original action the and generally gave the little body sold President to Mr. John Peel, my Lords, according to the arga- plaintiff was Charles Alexander of Police a rough handling. Con-naranteeing that he would win before your Lordships by my fri- ment which I gather will be pat Tomes, merchant, aud the defend-table Shaftin had his collar bone two races at the Hongkong meet-ends, if a partner is to get the Exciting Incident this Morning. The claim was as follows:-
ant. Robert Shewan, merchant. broken and has since been removing and that he would be a hope-right of succession at all-I pre- ed to the Government Civil ful nomination for the stable in fox to call it that he can 1. "That the partnership be- Hospital,
the Champions. This morning, about 5.45, tween the plaintiff and the de Matters might have been even
it only get under Yesterday, Mr. Vida had the clause which is referable to retire. while Acting Inspector Lamour fendant under the style of Shewan, more perious had not a party of felicity of seeing his judgment mant on giving notice. He can Bod a Chinese constable were Tores and Company be wound police from Yaumati appeared in proved up to the top hole when only get it in that way and only patrolling Lo Pang Valley, they up.
eight from the other side of President won, hat at the same as exercise his option. i am not met two Chinese who 2. That an account be taken the ravine. Upon this, the Indiane time he had the chagrin of riding referring to bankruptoy or death, promptly darted amongst the of the partnerabip dealings he made off and, it is said, passed A the second, where he otherwise because we are not for the mc- tween the plaintiff and the demilitary picket in their flight might have ridden the winner. fendant.
which made no attempt to stop
ment concerned with that. And 3. Payment to the plaintiff of them. Five Karki
if one of the partners wants. to greatopats, the sum found to be due to him two turbans and cards and money end of the learned Chief Justice's get the goodwill it can only be on the taking of such account. were found on the spot,
Judgment just before the learned under the clause which deals with 4. The appointment of a Re The Captain Superintendent of Chief Justice says the summons retirement. That is to say that caiver.
Police and the Assistant Superina dismissed, the learned Chief this goodwill, which has been. 5. Coats.
tendent of Police at once left for Justice says "For the reasons valued at three lakhs, can only Kowloon and made enquiries in which Ĩ truat I have made be acquired by one of the part- olear I regret that the terme cere if the other one given of the
partnership agree twelve months' notice that he ment prevent me ordering to will retire and then the other part- The Chief Justice :-52 in adopt Mr. Justice Chitty's uer gives counter-notice and ex- upon which determination of language "the mode of sale ercises his option to purchase; the partnership accoonts should most beneficial to the parties, and that it is only in these cir F. O. Jenkin, instructed by Mrbe made, and so forth", and, that the ssle of the business as a cametanees that the goodwill as and Grist, appeared for the ap- that is not right ? Wilkinson of Messrs. Wilkinson the assets include the goodwill: going concern," The learned a right of succession will be con-
Chief Justice there recognises sidered at all. pollant, and M. E. H. Sharp, Mr. Alabaster: Yes.
that there is a more benefical That argument would lead to K.O., and Mr. Eldon Potter, in- 'The Chief Justice: You mean mode of sale than the one he an absurdity for this resson--that a.instructed by Mr. J. Scott Haraton, to say that goodwill would be in says most possible. He, regrets if the partner who could exercies
of Meears, Deacon, Looker, Deacon sorted to make it clear?
taking this as a whole that the an option did not choose to do so and Hariton for the respondent Mr. Alabaster if they want one cannot be recognised as he could at his whim or will ab- Mr. Alabaster, continuing his goodwill mentioned in the clanco baving reference thereto. There solutely throw away these three address said:-
they mention it, because it might are more modes of eale than the lakhs of goodwill. be a business without any good-opes we have asked for. I say the The Chief Justice: You do will attached to it. I think that circumstances are such that the not anggest that three lakhs are more important authority? le what the draughtsman in the Chief Justice should have been being thrown into the sea? The able to say we should have this three lakhs is the assessed value only refer to this authority as not suggest that the goodwill sold saa going concern as we asked. between the partners, but you de
the attitude the Court would take is worth anything like these in construing an ambiguous case, lakha?
the bushes. They were called upon to stop and, as they declined to do so, they were fired upon by the Police. One man was sightly wounded in the arm by a bullet which grazed it. Both men were arrested. It is stated that one has been banished three times and the other six times. »
6. Further and other relief. The action was dismissed by the Chief Justice in Chambers |HONGKONG VOLUNTEERS sau iry 26, but general liberty given to apply on the
Mr. O. O. Alabaster and Mr
Corps Orders issued by Lioat. Col. A. Chapman, V.D., state: GLENDINNING, on February 18th, at 48, Morrison Hill Road Those members of the Scouts Co.
Machine Gun Standard Tent: to Mr. and Mrs. Glendinning a daughter.
selected to fire the above Teat will parade se followi:--
The Hongkong Telegraph,
Sunday, 22nd instant, 8.30 at Blake Pier. Musketry Standard Test:Those HONGKONG, THURSDAY, FEBRUARY 19, 1914. members of the Artillery Battery, Engineer Co. & Scouts Co. who THE REVOLT AGAINST NEW TARIFF REFORM.
failed to fire on the ys allotted to their Unit, can fire Part II with M. G. Sections on the follow In the heated controversies which have been aroused over the ing datos, firing commences at 2.30 p.m. on Saturday and 9 a.m. Home Rule and National Insurance questions, recent changes in on Sunday 22 February, Saturday the tariff policy of the Colonist party have been in danger of being 7th or Sunday 8th March. overlooked. Originally M., Chamberlain's scheme provided for the Note:-Members are reminded taxation both of importe' whont and manufactures, but an integral 31st of March, and all Musketry that the drill'season closes on the part of the proposals was overthrown whoo. Mr. Bunar Law de must be finished by that date. livered his famous spre i at Ashton. The new Tariff Reform is Love-Pte: Stark and Sapper based on Imperial Preferenss without the taxation of foodstuffs, at dF. H. Coleman are granted leave. it may be noticed, in passing, that a motion in favour of such Engineer Company: Mem scheme has only this week bean rejected in the House of Commɑ1, bera ere requested to send their though it is noteworthy that very considerable support was given and Electricity tothe Officer Com- answers to questions on Engines to the plan.
possible. manding their Cy. as soon as
China Coast Gazette,
There can be little doubt that in abandoning the foodstuff taxes the Uuionist's were conceding a point to popular prejudice, inasmuch as the ory of Your food will cost you more" had plainly. told against the scheme with the unthinking and easily-led sales. But it is a moot point whether by this change of front Mr. Bonar Law and his followers have not jumped out of the frying pan into fire. At any rate, this much is certain-that they have aroused the ire of British agriculturists who are offering uncompromising hostility to the new Unionist programme. It must be remembered that there are a formidably large number of "Safe" Conservative meats which are swayed by the agricultural vote, and hence the seriousness of the revolt becomes apparent, The farmers consider that they have been thrown over by Mr. Bonar Law, and quite a on reserve. number of Farmers' Unions have determined to be no party to any change in the country's fecal policy which excludes agriculture is on reserve. from its benefits.
WAS aummons.
Mr. Alabaster: Will your Lord abips allow me to interpose one
p
The President: Yes.
Mr. Alabaster: The case to
The President: What's the edition?
is
the afternoon.
clause meant.
I
which they have particularly to you put it in this way, that the The President:-I anderetand reply-I bave given Davidson, partnership deed is complete in Prideaux and the Eacylcopaedia, itealf and if that is hold you have
caedents volome 2 page 334. the deed dealing with the general called Alma Spinning Company, about throwing it away. This this is Key and Elphinstone', certain paragraphe or olauses in Then in Bottomley, Chancery Mr. Jenkins:-Oh yes it is.
Division 16-681-886, it is also. The Chief Justice :-You talk Form 50 is the auction clause, no nature of the business in certain mention of goodwill."
ways and then you come to the the rule is self evident (Qooting figure in hosed on agreement and final clause which deals with an- Master of the Rolle). It is admit is increased from time to time. other side of the facts and it is ted that we are dealing with a between the partners. Supposing Mr. Alabaster: Library edition drawn according to the proper document that is not perfectly you do not exercise that option the suction claa e, ao mention of therefore it should be taken up document the terms of which are equitable to say three lakhs are on 8th edition, 1004. From 50 conveyances which form this, and clear, and we are dealing with a under clause 13, it is hardly goodwill, form 51, a shorter auc- that is without being modified, ambiguous and therefore under thrown away. tion clause, an alternative sborter so the foregoing claures which these circumstances the argument Mr. Jenkin :-The three lakha form, no maatios of goodwill deal with another side of the that I am putting before your are thrown away for the reason Form 52 is a valuation clause, position аге strictly Lordships is a very strong argu. that the valuation is based on the goodwill mentioned, getting over accordance with the law and ment. It is obvious the parties contract under which the different Mr. F. J. Hill, chief officer, the practical dificulty as I sub- gives you the right to argue? to this agreement have put managerahipa are held, and there oingao, is on reserve,
mit; form 53, is a taking over The Chief Justice: In other words, great value on the goodwill of fore the valuation rests upon that Mr. S. A. Phillino, from reservó, clause, goodwill mentioned, form to carry it further, property and this busines; that if it is value, basis. It is not a fancy price has gone chief officer, Singon 64 je another taking over clause, effects of the firm include as we now call to be, the chief which has been fixed by the par-
Mr. H. U. Cranston, supernu-go.dwill mentioned 35 is a progoodwill? merary, Hsin Peking, has gone visnu in certain events and does
part of the goodwill, is the right there; it has been based Mr. Alabaster: "That is so. of succession, the right of these upon the various .::oon. third enginner, Pakhoi.
Lot a ply. Form 50 is another The President: The special
various general managerships, trapis of manogerships Mr. J. Hilderth, from leave, taking over clause, goodwill mea reason for inserting it in the they have valued at three lake which from there is a consider how gone supernumerary chief tioned.
other clause,"
-they valued the right of auc-able income and which is capable engineer, Hein Peking,
The President: will you hand Mr. A. Jones, from leave, is that up?
Mr. Alabaster: Yes the special cession at three lakhs.
of being reckoned and goes. reason--not present in the auction. They did that with a purpose on to their specessors, if there are Mr. Alabaster: Yes Form 50 Mr. Jankin: My Lords when undoubtedly, and the result of the any successors, and is of value Mr. P. Aguew, from leave, in page #34, and the pages follow. the Court arose I was rerrectfully present judgment is that three only so long as we have successors Mr. W. G. Ramsay, second en of the determination of the lion to the case of Taylor v. Neats, and only on the sile of that fore that it is only acquired if 52 isComplicated valuation directing your Lordship's atten- lakhs which would accrue on the who can take it from us. The sale of the right of succession, absurdity of the position there- It is reported that in this matter the farmers will, generally
gineer, Singan, is on leave. partnership," I think is the side in which it is laid down so very right-the three lakhs goes by one of the partners exercises his
Mr. J. E. Haig, third engineer, note, speaking, press their hostility to the point of opposing Parliamen-Singen, has gone acting second
clearly-I have read it to your tary candidates who support the new Unionist polios. As a whole, engineer, gams abip,
The President: What is the Lordships-that the Court when the board, is thrown into the option is this that at his will obj ot in including 52,? the farmers have no objection to fiscal reform-in fact, most of them
can deprive the partner Mr. A. M. Kemp, acting third Mr. Alabaster: 52 is a valus partners
called upon to adjudicate between sea, and is uiterly lost. that he
who cannot agree,
expression "atterly lost" is used who has a right to this very desire it but what they do object to is a suheme which applies engineer, Pakhol, has gone acting tion. As I understand 52 it is will do the best
in a case to which I need not re- valuable goodwill. There is the for all only to manufactured goods. They want to share in any benefis
third engineer, Stugan."
determination, but in certain parties concerned, and Captain Bumblin, of the Hai- businesses if you
the for your Lordships at the present right to retire and the right to which may accrue from a readjaniment of existing conditions. The chang, is on leave.
Court does not allow one part-moment, the case of Wedderburn continue; there is the right to revolt is most significant and arresting, and the Unionists have only
valuation. to get over the per in order that he himself will. Wedderburn, in which one, of sell, the goodwill and the right Captain W, S. Iosa, awaiting practical difficulty if they wanted gain special interest, a mode of the judged pointed out that if the to buy it at the price which they themselves to thank for the dilemma in which they are placed. orders, has gone master, Chiyuen. a valuation of the goodwill they sale that is not the best in the busmess in sold as a going con-fix, and if therefore one of the For better would it have been to have stuck to their guns through Chiynen, has gone
Captain W. G. Legge, of the must mention it certain busines- common interest, and my -ar- carn the result is that the good-partners refuses to exercise his thick and thin. As it is, they have sat the big body of agriculturista Yashua.
master, acs possess po goodwill.
gument is going to be that the will is utterly lost. option to buy or to sell, be arbit by the bars, and the present movement gains in force from the foot
The President: The goodwill mode of sale that the learned The President:-That if it norarily deprives the other partner Captain O. B. Frigast of the must be put in according to the Chief Justice bas held as the only longer remains the old firm of of his right to buy or sell. that they believe their interests in recent years have not been pro- Kiangkwan, is deceased.
valuation. perly considered by either party. As a consequence, there is now Captain D. D. Roas, of the Ki
possible one is not the best for Shewan, Tomes and Company, It is obvious, my Lords, that Mr. Alabaster: Yes, if it has a the common interest.
the goodwill goes and the actal under clause 13 the partners in an almost universal feeling that the time has come for them to join kwan.
sugyung, has gone master Kiang-value.
tended that on retirement br The President: The Court will property goes too? themselves together and insist on fair consideration. It will be
The President:That is what consider the hardship, but Taylor right of succession to the various transfer or purchase the share of Mr. Jonkin-Exactly. The notice they could if they liked Mr, M. A. Lang, obief en-is meant by the balance? 1V Neats cannot enver that. interesting to observe what effect the revolt will have in fature gineer, Kiangkwan, has gone! Mr. Alabaster-Yes,nerording Mr. Jenkin: No, I shall deal with partnerships absolutely goes.
Ahe goodwill as one hundred and "Sights in the constitueneige,
chief engineer, Kangteen. to what I understand.
(Continued on Page Sijer
!:
want
that when I came to it. At the They would get absolutely nons