1914-02-19 — Page 6

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THE CHINA MAIL.

NEWS OF THE DAY.

LOGIL AND GENERAL.

To-day is the festival of Yus-abul or tain, water.!!

The Japiness duet ayer Ukugumo." arrived hora yesterday.

Tures C.P.R. steamges, including the two now Empressos, are now in the port,

tolo from a room At 31, Bolchera Ten pieces of clothing valued en Street postarday

Purtsmouth, an the Royal Oak nt Devonport. The Ramillica has al- ready been commenced at Beard- mores, and the Resolution at Palmers, while the Revenge has been begun at Vickers" works. The building of the three contract ships were thus ac- ozlerated by from two to three months, as compared with the pro- colure of the past few years, and next year very heavy votes will be required for their progress. They will be of the same longth as tho Benbow, bat of greater tonnage, 23,750 tons; although they are to have the same armament and profec- |„tion as the Queen Elizabeth cinas, they will not be so fast, and will have boilers for coal and oil fuel. Three belonged to the programme of 1010-11

Herr Tholen a German svinter, bar -they are of the King George made a record by ascending to a height of | V-class. These were the Centurion, 19:50 metres with four passengers.

which which was delayed owing to a collision during her earlier trials, and The silk, shipped from Hongkong by the Ajax and Audacious. They are.. Monteagle on 15th January,

reached New York, on 18th February

· 355 ft. long, of 23,000 tons mounting ten 15-in. and sixteen 4-in. guns, BO that they are smaller than the later shipa. Like all of the ships of recent years, excepting only the Queen valued at $18. Elizabeth class, which stand alone

The report of the Referees Board will be anaisted to a meeting of the Hongkong F. this ovaning:

.

THE SHEWAN, TOMES PARTNERSHIP.

APPEAL COURT MOTION.

Hearing Resumed.

Tho' heuring of the Showan, Tomce partnership appost card was resumed by the three Judges in the Full Cours of Appeat this morning.

THURSDAY, FEBRUARY 19-1014

HONGKONG SOLDIER'S BRAVERY REWARDED.

The Royal Humane Society's broa medal has beno awarded to Bombardier Bliss Ashton, 83rd Company. R.GA Lyemun, for aring life during the typhoon on 17th August hat.. As report, d. In the “China - Maữ” at the time. Fombe, ashton, naxiated by a number of men of his Company, recued nearly twenty Chia se fram i wrecked junk, when the

The parties are Mr. Charles Alexander Tunes, appellant, and plaintif in the typhoon was at its worn", Chiet Justice in Chimber and Ms based upon the agreements on which original action, which was bed..by the

Robert Sheraz, reßident.

EUROPEANPOLICE ATTACKED.

„BEATEN BYE BY NI

DIAN

SOLDIERS AT KOWLOON.

A grava samalt on the police born: committed by a small detaihmant of innum soldiers attached to the 196th Baluchiang Regiment

ammont and a mere handful of Europea

About nonni yesh year, not big-Impector" constables come upon a gang of shat two donin Indian molitiera gambling on the hill- site, bahind the ravino at Lo Lung ilang Valley.com

two

gumbler docampied but

the kill from

money:

wore ar anted by P. S. Bra and The appellant moved for an order that general manager ships were held. P. C. Shaftin. The Inians on song back and a volley of ones an other the judgment dated January 26, 1914, I was not a prics fixed by, the partners the very limited fores of plice, turned of the Chiot Justice and the order signed From these general mangerships there mis-iles was, thrown. The two pris vere pursunut thereto be reserved, and that was a considerable income, which was were rescued, the palies being forced to

themselvar. is may be adjudged that the appellant capable of being akone, and it had a release the's hold to prorect

A party fpalice from: Yaumati weended is entitled to have the business of the value only so len s they could have

the other side of the inn of Shewan, Tomes and Co. solid as successors to it who could take it read the Indians, almost closed in, made a going concern, and for no order that from them. The absurdity of the argu-dash for liberty and escaped. A mounted the respondent pay to the appellash thement be bat quoted was that at his wil pleket, wom they passed, makonu effort Dort of and occasioned by this appeal one partner could deprive the other of to arrest the fugitives.

bis hereditary right in this very tain Articles left on the spot which ina uded

The police hare taken possession of car and for such further and other order nu

able goodwill, by declining to exerciso

Eve A the court may think fit.

Counsel: For the appellant. Mr. C. his option, and there was no other, untethed D. Alabaster and Mr. F. C. Jenkin; inoper to the partner who wished to buy A shopkeeper at 300 Queen's Road,structed by Mr. Wilkins, of Messes, or sell his sharn of the goodwill but count reports that some person atolo from his Wilkinson and Grist for respondent, not do so. It was obvious that both cuhigle yuterday three pieces of clothing Mr. H. Sharp, K., and Mr. Eldon partners would suffer fein the sale of Potter, instructed by Mr. J. Scott the business piece meal, and that it was Hariton, of Masira. Deacon, Looker, only by the sale of the business 24 a going coneem that any benefit could Deacon and Huston.

At the outset, Mr. Alabaster quoted accrue to either partner-und it pains additional authorities upon the so of of fact to both. There would be no sug

gestion that this right. to goodwill was goodwil

valueless. If the business was poll other than as a going concern that value would bo alkutoly lost.

There was another position which arose,

The Wilgang enllided with a owing to their great speed, those Japanse vessel coming into Hongkong three vossels were designed for 216 viel were at once docked.

on Tuesday afternoon in a dense fog. knots speed, the power being 27,000 shaft horse power. This was exceed-

Khaki coat, two turbane, cards and Mr. Hofs Merrer, the Captain Superin- tendent of Polles, and the A-satans. Superintendent Bir King" were ab once incident and they informed of the immediately conducted e quiries at Kos loon during the siternoon

In the arroggle, P.C. Shaftin in maid bo have had his collar bone broken by a piece of rope thrown with terrifio fores by one of the escaped Indinas..

No arrents had been made this morning.

DEATHS. GEAV On February 13, at the Victoria Nursing Home, Shanghai, ERENT WALTER, son of Capt. and Mrs Jamës Gray.

Surra-On February 12, at 23 Kurg ping Road, Shanghai, А эту EDITA. daughter of the lato Edmond J. Smith," inte of 1. M. Customs, aged 30 years. PAULINE MCAurse, wife of the late Rev. jing-by more than 1000 shaft horse-memoration of the battle of Psardo which it was laid down very clearly as Mr. Jenkin said. The Chief Justico said agreement. Ho did not think that was.

De Bass-On February 19, at Sonelow, ed-and that too, ander easy steam-2.C.L.I. hold their annual ball, in

Hampden C. Da Bose, D.D.

MEO. TOE TODAY. Ball at Government Bouse.

MEMO. TOR TO-MORROW.;

Princess Royal's Birthday (1867).

General Memoranda,

SATURDAY, Fbruary_21 :—

Jockey Club Bae Meeting-Of Day. 3.15 p...DCs, first performance of the 3 Episodes," Theatre Royal. SUNDAY, February 23 :----

Excursion to Macao. TEESDAY, February 24:——

Entries thane For Annual Flower Show.

TURDAY. February 20:-

Co's Meeting,

Noon-Kawina Land and Building 913 pmA.D.CA second and last perform wer of the "pides," Theatre Royal, Stockbrokers Settling Day.

The Chin

BATTLESHIPS IN PROGRESS

OF CONSTRUCTION.

The numbers of the Sergeants'

Mr. Jenkin said that when the court esse on Friday he was directing atten- tion to the case of Taylor and Ncate, in

power, the Audacious developing at Mount Austin on 3rd March 28,700 shaft horse-power. As to the

Mr EW.8 of the Hongkong & I speed at full power, each ship proved Shanghai Bank, Sh aghai, sustained a nasty capable of making 22 knots, or about accident while uut riding aa the 13th inst, 1 mile per hour over the legend rate. He was thrown from his peny, and his head The speed at 10,000 shaft horse-striking the ground his ear was badly power was about 19 knots. The Iron injured. He was sent to hospital. į

consent to a picoemoɛl suka,

The Puisno Judge: How do we know that?

the Court, when called upon to adjudicato between partners who could not agree that the only sale possible was a piece would do the best for all parties con- teal sale. The chief creditors of the cemed, and the Court did not allow one firm were the Hongkong and Shanghai partner, in eriler that he might gain Banking Corporation and they would not sono especial benefit, to insist upon some made of sale which was not for the com. mon interest. Ea would submit, that the thode of sun which the Chief Justice (Sir Willian Bees Davies) said in his judgment was the only possible, one would not be in the common interest of the partners, or either of them.

The President: You also said the court

would consider it a hardship upon mort-

Kees and creditors?

the construction they could put upon it.

Mr. Sharp regarded the clause as pro- coeding merely from the prudence of their solicitor.

Mr. Sharp, after tiffin, addressed their Lordships upen the point sa to whether the partnership, agreement was Mr. Jenkin said it was on the file. The in fact ambiguous in its terms and asked Chief Justica said a piecemeal sala was that any order which the Court might the only possible one on the construe.muke should preserve the respondent's tion of the feed, the chief creditors did right to appeal at any rate upon the.

inain points.

not want it and there was a deadlock,

The President: How far are the credi

tors entitled to say they will not have it?

The Court assented.

ره

Duke, the fourth battleship tried, is Mr. Richard Neuman, who at the time ane of the ships of the 1911-12 of the tragedy in Arbor Road, Shangs, and during the subsequent investigations, wa programme. She is the prototype confined through sickness, he recovered of the class to which the Marl-safficiently to admit of his discharge from borough, soon to go on trials, and the General Hospital, and has now resumed the Benbow and Emperor of India, charge of his business. Belong, and of which the leading particulars have alrently been given. The displacement is 2000 tone more than in the case of the Centurion, the fat the Theatre Royal. The large audience that the terms of the partzerabip agree the bank had advanced money upon posed sale of the business as going

length being it more, and thus, although the power is only 2000 shaft horse-power higher, or 30,000 shaft horse-power, the speed was just over 22 knots. At 20,000 aluft horse- power the rate was 10 knots, the

notably satisfactory.

Miss Maud Alla, the famous classical dancer, and the Cborniavky Trio gave the leat of their thres performances last night

rent included H. E. The Governor, Lady May, Ms May and Party The pro grammo was again excellent, and the mooner in which both Miss Allen and the Trio performed was heartily appreciated.

The altercation was the result of a dispute

Mr. Sharp, continuing, "said his second paint was that whether the phrase "pro- party and effects" in the agreement did or did not indude goodwill--and they of course said it did not-the requirements of clause! 15 would not be satisfied by appellant's construction of it. The pro- concern would not satisfy the clause the liquidation of the property and eđvota Mr. Jenkin submitted that the bank which they (respondents) said the clause

Mr. Jenkin They are mortgageos. The President: Does that give them the right to intervene ?

Mr. Jenkin replied that he did, and added that he would deal with that point

Mr. Teukin pointed out that there had later. The Chief Justice towards the end

been no sale ordered. of his judgment said "For the reasons which I trust I have made clear I regret

The President said he presumed that meat prevent may ordering, to adopt Mr. wcurities and added that it was for them Justice Chitty's language, the mode of to see whether they were good or not. sale which is most beneficial to the par ties the sale of the business be a going was entitled to look beyond the securi-intended, would do so. Mr. Siads, ..

Hie let offer was

concurn." The Chief Justice therefore lies to the sets of the firm, and that had suggested in the Court below thei recognised that there was a more bene-being so they would suffer hardship order should be made between the Outside the Naval Yard yesterday two ficiul mode of sale than the one which he they were deprived of benefit from these parties that the upset price should be the amount of the liabilition. payable by proposed. Having rigard to the fact that sets. Mr. Jenkis further pointed out propulsive efficiency in this ship being Chinese were fighting and one had the there were two possible modes of sale! that general managers, such as Shewan, receiver in liquidation of the debb,

advantage of an iron weight.

A land that the on: the appellant she deking Tomes and Co. Sure, did not exist Their Lordships could not do that. Sup is affecting an arrest was knocked Of our battle-cruiser class, ane RIP (against the wall by the first prisoner, who for was the most beneficial he submitted Home, but in the Colony, were realy posing the market price of the shared was launched, the Tiger, from the old Mr. Hazinad to-day that he thought the Chief dustice should have been the which directors carried out. Therefore cont, lower than it was at present t that the circumstances were, such that diretors, performing all the function was something like ten or twelve per Clydeband works of Messrs. John | the constable was going to pick his pockets to say You shall have the sale on if the business was sold piecemeal the the actual situation on the figures of th HONGKONO, THERSDAY, Feb. 19, 1014. Brown and Co. Limited, and one about betting on the races. Mr Hazeland i going concern that you ask for," It was right of succession to the managership 1, 1010. 11 and 12 there world be a definition.

was passed through her trials and imposed a fine of 85 or 14 days upon each admitted that in dealing with the part would case and instantaneously the As it was the assets were substantially

defondant. commissioned, the Queen Mary, built

nership agreement they were not dealing companies which the farm managed would more than at first believed. Taking the with a dexcument the terms of which be deprived of their directors, their man abilities at $1,700,000. their Lordships by the Palmers Company. This

Captain Carl Wilhelm Frederick wero perfectly desz, but were ambigu. ager, their offices and their clerka: they would see that they were dealing with " brings the total number of the class Frigast, of the C.M. str. Kingkwaz, nus. On the face of it, it was obvious, would be left absolutely rudderies until very large figures. As his counsel pal such time as they could make other it forward that this was the upset price to four, the preceding vessels being died at Rickung our board his ship last however, that the parties had placed very "Two of the four British battleships the Lion and Princese Royal. The week. The deceased, who was a native great valtao upon the goodwill of the arrangentents to take on other general he could only assume that Mr. Tomes. launched during the past year belong- three tried have shown themalves of Denmark, was in years of age. He business; and that they themselves managers or directors. It was impos. was now in a position to pay this price ed to the 1919-13 programme-the capable of maintaining easily the first came to the Far East in the early valued what the Court now knew to besible that when the partners entered into for the business.

part of 1888, and later in the same year the most valuable part of the goodwill this partnership deed that they intended $150,000, of which $100,000 was payable Queen Elizabeth, built at Portsmouth designed speed of 28 knuts. The entered the series of the G.M.S.N. Co. the right of succession to the general in there general managerskips, which in cash. Rumposing Mr. Tomes was in

s position to make a cash payment oř·· Dockyard, and engined by the Wall-Queen Mary, with the turbines work-a seond officer. He was promoted to managerships--at three lakhs of ddilars. depended upon its construction, could at

They did that with a purpose, many moment be brought instantly to an 1,700,000 he would get the business joka ja schd Slipway and Engineering Com-ing at all power, developed 78,700 Captain in-1891, which rock ha ruizined doubledly, Mr. Jenkins added, and the end on this sales by aithet porter of stock and barrel, but this money wonde pany, Limited, and the Warspite, shaft horse-power, and the speed was

result of the present judgment is that stare that those three lakhs which would, accrue - Mr. Sharp, R.C., opening the esse for the debts, leaving, of course, nothing to constructed at Devonport Dockyard, just over 28 knots, while at three- and engined by Messrs Hawthorn, fourths power the rate was 23 knots. At Shanghai last week, Miss Amy on the sale. this right of succession the respondent, said their erginent fell Pay any cash balance standing to r. fcg, all his interests and nothing for the Leslie and Co., Limited. The other The Australia, also tried in 1913, is a Edith Smith, Aged 60, daughter of the and on this sale of, would go by the board, nier two heads. The and was that Shewan's ortit. He would get rotiung

employé of the L.M. Customa, died while he goodwill goes, and thorelors basement the Court could not make the

1012 the firm's swois Jund appreciated in her bath. The medical evidence tho lakins of property, or whatever it order" which appellant asked for. for

two reasome-beesuse the gracinent, | that she had probably evidence was that might be called, go too.

The Pulsne Judgs: You don't iny that read a whde, showed that about three laks.

The Chief Justice observed that ba that he land probably fainted and and buen drowned. On her 1sther's death de- "the two parings would not get some it clause 15 did not include goodwill;

and because Mão proposed mula sa

believed this Agure was challenge afine. zessed was adopted by Mr. James · Ame brose, Other evidenco suggested thaß

Ma Jenkin replied that they would going coneers would not comply with it was given in Chambera. " deceased was probably overcome by the get solutely noon of the legal good. the clause. The second houd was that Continuine, Counsel said the count fumes of a geyser in the bathroom. The will: they would get none of the right having regard to the principles laid down then required the artificial support of the

of succession. They end only scramble by the authorities to Court would not, goodwili, which concdonky was inquest" was adjourned.

with the rest of the word for some of in the circumstances, of this case makethren lakhs, to produce anything to the the goodwill as understood by the popu.this, order if it could. They did not deny credit of the partners. By the appe lae encuning of the word. According to that grammatically "property and ciation of the assuts the same result, the argument which he gathered would effects might indude goodwill; but roughly speaking, was attained as by the THE KOWLOON ASSAULT AND be put before the Court by the other they did say that in this agreement it balange sheer of 2012 with the goodik

El his death.

ho straightway exhausted in payment of

two ships of this class, the Barham: I vessel of the Commonwealth fleet, and late Mr. Edmund J. Smith, who was an thrown into the sen-are utterly Cost, having regard to the terms of the agres | goodwill whether at an agreed valuat

SOCIAL AND PERSONAL.

building at Clydebank, and the is of the Indefatigable class. She Valiant, at Fairfield, kid down later, exceeded 26 kuota at full power, are not likely to be afloat for some and her performance generally was little time yet. The two other battle satisfactory. ships launched last year-the Benbow from Messrs Beardmore's yard at Delinuir and the Emperor of India (formerly the Delhi) from Vickers' works at Barrow-in-Farness belong to the 1011-12. programme, and have been delayed by the late date on which the orders were placed, and by recantly left the 24th Hagara Mountain Captain F. A. §. Morgan, R.G.A... =úg short-time keeping by workers Battery for Bome has beco posted to the There is a marked difference in the 21th Company R.G.A. at Tynemoath. two types; the Queen Elizabeth's

His Excellency the Governor and Lúty, Stay are giving a Rocs Ball at Govern- mint House this evening...

ROBBERY.

*

by not. Since the last balance wheet of

side. If a partner was to get the right of did not include goodwill. Eo pointed out added. Mr. Showan, by the acccrtion of succession at all he could only get it that for sixteen years after 1806 the interest but without the appreciation, or The police are conducting diligent en-under the clause of the partnership agres yearly balance sheet of the firm was goodwill, plased at $150,000 had $175,000 quiries into the robbery and assault on ment which was referable to the retire never treated by the partners as includ- to bis. credit; Mr. Tomes had $825,009.

We have offered $380,000 for Mr. Sir Richard Dane, adviser to the Salt Mr. Goodwin of Messrs 8. J. David and Cament upon giving notice and by the ing goodwill In 1911-the balance sheet are larger, the displacement being Gabelle, arrived yestering, by the Em. It will be remembered that Mr. Goodwin exarsing of option, and that if one of produced for 1910, when the present Tomes interest in the excess of its 27,500 tone, as compared with 25,000 press of Russia on a visit to Canton in and a lady, with whom he was in company, the partners wished to get it it could financial troubles of the firm were even over liabilities, Counsel continued. tous, dae, first to the greater design-connection with the administration of were walking near the golf links at Kow only be obtained under the cistae which more acute than to day, Mr. Tomes for $180,000 in cash and the balance in dealt with general retirement, That the first time included goodwill, in the securifica subject to this approval of the ed speed, 25 knots against 21 knots, the salt taxes in Ewangung

loon when they were attacked by a to Bay this goodwill, valued at three balance sheet. Mr. Shewan was then in Chief Justice, the managers of the Hig which, although in part a result of get to

Wergret to announce the death of the head with a brick and rendered un. lakh, could only be acquired by one par London, and in a letter to him Mr. Tomes kong and Shanghat Bank, the Chartered the use of oil-fuel instead of coal and Mr. Williain Paterson, of Benomlands, conscious and the lady was also badly nor if the other gave twelve months said that he had induded goodwill, back and a gentleman appointed by the oil, necessitated a greater length of Dumfriesshire, who during the years from braised about the face.

notice that he would retire and then the as he could not make up the balance Chamber of Commorou. We offered that, 1876 to 1986 was a partner in the frm of It is noted that the police were on the other partner gave the counter notice sheet without it the defloit would have and Interest also over a period of is

of thres Indians. Mr. Goodwia wsa hit on

machinery compartments, and, secondoners. Jandinu Matheson and Co. FTA point of making ou arrot yesterday at fo exercise his option to purchase.beau so great. Therefore in 1911, when years. That is how we have practically

to the adoption of eight "15-in, and ware half-umstod at the Company's office fourteen 6- gans in place of ten and on their ships to-day, 13.5-in, aut twelve 6-in. guns. The

noon in sommertion with the affair; but i

were foiled in their oblast an eye overpowered by the Indiana.

THE EDWARD DISPENSARY, higher speed, and increase in power THE JAPANESE RELIEF FUND Details of the assault on the police

KAMMING & Co., Lo.

~ Chemistr and Drugqua

GREAT REDUCTIONS IN PRICEE

BESCHIPTIONS, SOCURATELY

DISPENSED

of attack is associated also with

grenter urnsour. protection, so that the The Japanese Relief Fund Committee grenter length 600 ft. against 530 ft. announces the following futher subscrip

ind the augmented displacement is amply compensated for.

In addition to file Vuljant and Barhim there is in progress the Malaya, at Eléwick a ship of the Queen Eliaeth classato je pre-- rugs, Patent Medioner, dosented the Navy by to Malay

Slate Five alrips of this ear proxrsing, are un ler way the Sovereign was recently laid do

TEEN 8.

July

HONGKONG

tion with thanks s

Previously annos ned-

Total on the 11th Feb.

FORTY YEARS!

ERLAIN'S Ouugh, been onzing sought and

Fairs Lid has gained

82,702 00 B0.00

reported elsewhere.“

BEWARE OF COLDS.

YHILDREN are much more likely

they hare collWhooping cherin, sourlet fever and cons

obid has

are

Fast argument, Mr. Jenkin submitted, the preycab tronibles, were most scute, estimated our value of the surplus of would lead to an absurdity, for the res-1 sixteen years after the date of the agres-sely over- liabilitáns,

on that if the partner who scull artisement, goodwill was put in the balance Ho submitted that if their Lordships the option did not e

choose to do so, he sheet for the first time, and then apologe- assumed the responsibility of fring

could to his whim or will absolutely throw tically. It was the appailant, therefore opet price they could hit fix ist abs

away these three lakhs of goodwill who made goodwill 'an item of the balance 6guro against Mr. Shewso lower than

Buy William Hong Darice pointed out shoot." The object of cause lá of the bed offered and vus, prepared to giv that the lach

the value put upon the goodwill" by the partner and said Mr. Jenkin did not suggest

ing like three

ement, Mr. Bhurpo sub- Ha had setually offered $330,000. Cla

put popurire ppon the 10 did not intend or contem

them come to sa smier key restricted entirely to tuo gent in the event of two partilo, her

more