SIR PAUL CHATER SUED
(Cominued from page 4)
a more formal document drawn by a conveyancer.
中
The only useful method is to take the agreement as a whole and by comparing all its parts to en- deavour to arrivo at the true intention of the parties. First of all I will say that I do not think this is a contract of agency. It doas not read to molike a contract of service.
"You will act with us"-"daring the continuance of our joint ven ture shall be the property of the
· joint venturers"-none of this has any suggestion of the relation- ship of employer and employed,
Again, if it was intended to constitule the relation of master and servant I think it very re markable that no remuneration was explicitly stipulated for, The plaintiff is described in the statement of claim as a mining
THE HÒNGKONG TELEGRAPH, TUESDAY, MAY 26, 1911.
SPECIAL CABLES.
(From Our Own Correspondent).
INTERPORT CRICKET
SHANGHAI 144 FÖR SIX WICKETS.
Shanghai. Received May 26, The Interport Cricket match between bhanghai and Hongkong opened to-day in cloudy and windy weather..
Shanghai won the toss and elected to bat first. The following were the scores at 2.30 p.m.
H. B. Ollerdessen ...............
19. A. E. Lanning...............
18. Captain E. I, M. Birrell not out 69. E. W. Stagg 415. V.H. Lanning..................... 5. J.A. Quayle
0.
F.W. Potterununun geva
Extras ...............
Total (for 6 wickets) 144.
1
it
engineer, that is to say, a member of this kind, when they occur ahmet the value of which must not of a highly trained profession, in England, are dealt with, so far be forgotten their name and If he was to do work for the as they extend, in the same way influence in the local money defendant and receive a salary, I as ordinary partnerships, see market. Well, as I have said, should have expected some figures Reid v. Hollinshead (1825) 4 B. the parties on either side agree to be mentioned, or at least one C. 867. This point is I think what their respective contrion- would look for an express men- therefore against the plaintiff for 11 ms are to be,present and future. tion of salary as such, if salary what it may be worth. Then it They thou agree the ratio in was really contracted for. One was urged that it could not be which the resulting gain in, to be does not expect each an important supposed that Meesrs. Chater and divided." It matters nothing that item as the contract to lurk Mony would enter into partser one side were to take 1 and the modestly under the expression ship with two mining engineers other. The parties were at "Expenses of prospecting" the they had not seen before 1905. liberty to place upon their res- amount being left entirely to the But this doo not seem to me of pective contributions the value good pleasure of the employer, much important limited pooper-spored good to them and to agree I do not wish to lay too much ship had a very scope that their gains should be pro- stress on this point, still it is one the capitaliste expressly reserved portionste. to be considered..
the right to withdraw at any time. Again I do not think that this The whole of the accounts and is an agreement for ownership. the ice work were apparently Mr. Potter laid stress on the words in their hands. It is not difficult three fourths and one fourth in to enppose that they considered terest." I can imagine an agree-themselves safeguarded against ment to construct a chattel auch any undas pledging of their as a ship with the result of a joint credit. ownership upon completion. But
Moreover if I may say so, men hers the terms are you are to who go into mining enterprises have three fourths interest and our-are usually sanguine, otherwise selves one fourth-in what? not they would not touch them at all, is the mine or mines or in the But they expect great gains and minerals, but in a venture. You are prepared to discount minor may of course have an agreement risks. It will perhaps save time if, for a single adventure or under in the remainder of this judgment taking and it is frequently very refer to Sir Paul Chater and Sir difficult to say whether s partner-flormuajes Mody as the capital ship does or does not exist. ists, and to Mesere. Lanzius and In 1858 the relationship between Macmillan as the experts. This anauthor and a publisher for bring was in fact the true position of ing out a book was held to be a the parties. partnership (see Reade v. Bentley
4 K. & J, 656).
But Lord Lindley, Partnership Zth ed. p. 60, doubts whether it be not the correct doctrine that authors and publishere are not partnere at all
The next objection is that the cost of the prospecting outfit and expenses and the outlay for the acquisition of mining rights as well as the decision to exploit or not, to exploit discoveries was in the sole discretion of the capital- Mr. Potter instanced a number iste. But it does not seem to me of reason's why it would not inconsistent with the partnership be possible to hold that the par-relation that the capitaliste should ties intended a partnership control an outlay for which they relation. He laid great stress are as between the parties, solely
The next objection is that the experts were only to share in gross results.
upon the entire absence of the responsible. words partner or partnership from the agreement, and urged that Mr. Deacon the plaintiff's solicit or, who revised and passed the draft as finally altered would have insisted upon some such terms if partnership were intended.
Then there is the argument that the experts are bound inde- finitely by an agreement from which the capitalista may retire at any time. Now when a joint adventure is entered into the presumption of course is that the partnership, if any, is to continue until the termination of the ad- venture or undertaking. It may be here that the relation consti- tuted under this agreement is no more than a partnership at will.
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Absolutely the best table butter
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To-day's Advertisements
PUBLIC AUCTION,
A Valuable Collection of Antique China & Curios.' (Just arrived from the North, being the property of the well known collector Mr. Läh Ven Kee).
Auction on
C
THE Undersigned has received instructions to sell by ub Thursday, Friday & Saturday, the 4th, 5th & 6th., June, 1914- commencing each day at 2.30 at his Sales Rooms, Daddell Stre
A Valuable Collection of Antique China and Curiosi from SUNG. TO MING DYNAS PIEJ & KANGH TO
Comprising: ----3-COLOURED & BLUE & WHITE VASES, PLATES, BOWLS & FIGURES stc.
SANG-DE-BOEUF VASES. WHITE GODDESS OF MERCY" (MING)
TOWKWANG PERIODS
74
OLD GOLD INLAID BRONZES (MING) FINE CRYSTAL VASES & SNUFF BOTTLES. PORCELAIN & AGATE BNUFF BOTTLES. GREEN & RED JADE ORNAMENTS.
SCREENS. OLD LACQUERED
WITH S-COLOURED DECORATION & BLACK WOOD SCREENS WITH BLUE & WHITE & 5-COLOURED KANGHI & KIENLUNG PORCELAIN PIACQUES, PORCELAIN PICTURES INLAID IN WOOD etc..
WOOD.
But if it is not, I should think that as a matter of common sense the and quite apart from the law of partnership, if the experts came to the conclusion that it was no longer their interest to continue these operations, they would be able to bring over the capitalista to their way of thinking.
also
་
A FEW PIECES OF FINELY CARVED SOOCHOW RED
N.B.-The Undersigned will give a "2-weeks' guarantee as to genuineness of the articles offered. Catalogues will be issued,
11
On view from Tuesday, the 2nd June. Terme-Cash 011 delivery.
GEO. P. LAMMERT.
Auctionco-,
oughly testeil, and expense must NORDDEUTSCHER LLOYD,
BREMEN,
I find at p.141 of Palmer's Com-be incurred in so testing it." panics Precedente Val. 1, 10th ed. B. U. & D. agree to form & IMPERIAL GERMAN MAIL Form 5, entitled "a syndicate syndicate which shall find the agreement for purchase and re-requisite fands. The patent sale of mines,'
Clause 3 is as follows:-
and they may from time to time
Over
LINE.
NOTICE TO CONSIGNEES,
16
& CO., LTD."
"MEN'S "WEAR. SPECIALISTS'
DES VOEUX ROAD,
TEL. 346
WM. POWELL, LTD. “SAXONE'
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FOR
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WM. POWELL, LTD, Sole Agents SAXONE SHOE CO., LTD,
J.. ULLMANN & CO. JEWELLERS, WATCHMAKERS, OPTICIANS.
LARGE SELECTION, OF..
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FOR LADIES & GENTLEMEN. Prices Right
ALL WATCHES SOLD BY US ARE FULLY GUARANTEED.
J. ULLMANN & CO. Sto
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AGENTS FOR
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A ROYAL DRINK
"KING GEORGE V
made rights are the syndicate on the footing that A. & B. shall be managers of Ashall have, say 1/3 of the THE Steamship the syndicate.
enares in the syndicats free, and Clause 4.per share shall be that the other subscribers shail
"COBLENZ," naving arrived, Consigneas of paid to the managers forthwith pay up their abaree in cash. make calls on the members in ur in one of the colonies and their Goods, with the option 6, DES VEUX ROAD. (2) U has obwined in Amerion cargo are hereby informed that exception
member is liable to pay more sume mining property. money is at their risk into the hazardous proportion to their shares, but no option or contract to purchase ables, are being landed and stored than the amount of his shares. wanted to Bond vatan independ and/or extra hazardous Godowns Clause 6.The managere shall eat expert, and perhaps to work of the thongkong and Kowloon have the entire control of the the property to a limited extent Wharf and Godown Company, affairs of the syndicate, and may and thus proves capabili Limited, Kowloon, and West conduct the same in such manueres. U places his
Point Godowns, whence delivery option Now it is not of course at all
as they think best,
or contract and knowledge at the may be obtained.
Optional Cargo will be forward- necessary that partnership even
Clause 7.-It is expressly de.sposal of the syndicate in coned on unless information is re-
in the when evidenced by a written
clared that the managers if they adoration of abures
ceived from the Consignees before I do not Ace that the think is.
syndicate. The syndicate then noon to-day requesting it to be agresment, should be proved by the use of terms of art. You maat distinction between gross_and_net_ (8) May sell the mines to a voisine the necessary reports, landed here, take the agreement as a whole, returns is of any real importance person or firm or company, works the property more or less, No claims will be admitted after But still if no, such terms are to tere. Let us consider c. fully (b) may form and float, or and resolta irat a profit, either so the Goods have left the Godowns, be found that is an element the facts of this can. This was procure the formation and flost some company, tormed for the and all goods remaining un- which must not be overlooked. an adventure in the fullest tenen ing, of a company to purchase purpose of aquiring it, or to delivered after the 3rd of June,
The question then is whether of the word to the funho i nee of the maca,
anyone who is willing to buy will be subject to rent. the terme venture, joint venture, which the adventurers of either may fix the price and agrée ou satisfactory trine, joint venturers, are not used as part were willing to make con- to accept any part of it, in "fully
(Continued on an Extra) the equivalent of the terma part-tribution partly fire and paid up abaros or debentures or nership aud partnera.
pirly intelinite. The experts otherwire.
Now the agreement of 1905 is not a trading agreement. Actual mine working in the sense of winning ore in commercial quantities and putting it on the market, is not yet contemplated. That was left for a further stage.
· Novel Unstakable Lifeboat. Recently an English inventor exhibited upon the Thames a life
22
All brokon, cbafed, and lamaged Goods are to be left in the Godowns, where they will be examined on the 2nd of June, at 9.30.& m
LINE..
Bir rrederick Pullock in bis were as I sead the agreement() may keep the mines going
All claims must reach us before very valuable digent of the Law of to put into the pool firatly until disposed of.
the 10th of June, 1914, or they Partnership observes at p. 6-thes mething which though its value. Now the noticeable pinta are:-boat which is claimed to be un- will not be recognized. marginal note boing "joint was as yet unascertained whe (1) the members puport to sinkable. It is a cylinder, point-
No Fe Insurance will be effected. adventure"-"Scottish writers obviously regarded by both limit their own liability. ed at both ends, with sliding Bills of Lading will be count make a difference between parties as having some positive (2) the entire control and con-doors, which may be tightly bat ersigned by the undersigned. partnership proper and joint value, that is to say, the dialuct of the syndicate and the toned, and affords a refuge in NORDDEUTSCHER LLOYD, adventure, which is thus defined coveries already made. Secondly fullest powers of sale are vested emergency for eighty people.
MALUBERS & UV. in Bell's Principles, art. 892- they band themselves for an entirely in the two managers. This strange looking craft may be
Gets-l Agents. "Joint adventure or joint trade is indefinite-not of course an un- The note of the learned author launched in a few seconds, as Hongkong, 26th May, 1014. [583 a limited partnership, confined to limited-period to contribute their is as follows Syndicates are cording to the intentor, and is a particular adventure, specala own skill and latonr. On the sometimes. found under an ogree buoyant in the extreme, carrying AMERICAN AND ORIENTAL tion, ocureo of trade, or voyage; other side the capitalists were to ment as above but the agreement its large losd easily and safely in and in which the partnere, either contribute thefocet of the prospect constitutes a mere partnership, a heavy ses. Air is supplied to tent or known, use no firm or ing outfit up to a certain max and the members are therefore the interior by means of a small social name, and incur no respon imam: Brcondly, they were to individually responsible for what pump. sibility beyond the limits of the contribute up to an Amonat the managers do without any real adventure, I do not find that the indefinite except that it was limit-limit of liability. These objections ipoidents of a joint adventure, led by their own discretion, to the to a syndicate's agreement as far as it extends, can be distin- expenses of prospecting. They now very commonly induce the gulahed from those of partnership; were also to find (rather an lude formation of an incorporated but, whatever the importance of finite word. which might mean syndicate." the distinction may be, it is not an advance on the one hand or
ed from Hongkong on the 16th. met within the English on the other legal payment) such
Jund for e soms as they should think fit for authorities."
R. AR. ELLIS has no
BOSTON & NEW YORK. The note (2) to this passage is the acquisition of mining
authority whatsoever to For freight and further parti 1. A has a patent for an inven collect any monies for advertising pulars, apply to followford Eldon seeme rights. And fortunately they were tion but no capital. The utility spaces in the Hippodrome Circus Håre denied it obviously bringing into the of the invention is fairly obvious, Programme. K. Bysack, Pro st p. 220. sussctions credit of the jint adventure su but it requires to be more thor-prietor Hippodrome Circus.
The following are a few examples of the cases, in which syndicates are commonly formed; —
To-day's Advertisements
TO ALL CONCERNED,
MR
(Andrew Weir & Co.'s steamers)
*HE Steamship TH
**MINERIC,"
LIQUEUR WHISKY
THE
THE
DOL
EQINBURGH.
TOP NOTCH
ONE STANDARD QUALITY.
ONE STANDARD
PRICE.
BLENDED & BOTTLED
UNDER BOND AT
SOUTH QUEENSFERRY
Capt. J. C. Hall, will be despatch. NEAR EDINBURGH.
The Bank Line Lid, Aeits, Hongkong, 26th. May, 1914.
SOLE AGENTS,
GANDE PRICE & CO. LTD. Tel. No. 135. 6, Queen's Foad Central
Hongyong
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