1919-08-26 — Page 2

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2

G. P. LAMMERT.

AUCTIONEER, APPRAISER

AND SURVEYOR

Public Auctions-

INTIMATIONS.

INTIMATIONS

THE CHINA MAIL.

TUESDAY, AUGUST 26, 1919,

NOTICES.

METEOR GARAGE W. D. & H. O. WILLS' G. FALCONER & CO.,

Sole distributors of

THE HONGKONG ROPE MAND MAXWELL CARS.

FACTURING CO., LTD.

N INTERIM DIVIDEND of ONE

DOLLAR (81.-) per Stare for: woudt 1919, will be payable pa THURSDAY, the 28th August, 1919 Shareholders are requested to apply for Dividend Warrants at the Company's Office, St. George's Building, Hongkong.

The TRANSFER BOOKS of the Company will be CLOSED from THURSDAY the 21st August, 1919, to j THURSDAY the 38th August, 1949, Both days: incluzire.:

SHEWAN, TOMES & CO.,

General Manager's. Hongkong. August 16, 1999.

G.

NOTICE.

R

LL PERSONS with the exception

A of those of Chinese races desiring to

tave the Colony" for places. other than West River or 'Mazo aboutd Canton, apply in person for permission to do so #20 FLES OFFICE, Post Office Building between the hours of 9 .. 1.. and 2.. to 4 P.M. daily. Applicants will be required to produce Passports or identification papers. All persons with certain exceptions, whe. emain in the Colony for more than 1 days are required to Register them- selves ander the REGISTRATION of PERSONS ORDINANCE 1916. Forma of Rogistration giving the particulars required may be obtained at the G.P.D. and at all Police Stations.

The Penalty for non compliance is a Aste not exceeding $50.

E. D. C. WOLFE,

Captain Superintendent of Police.

ORANGES.

Automobiles for Hire!

and for Sale at reasonable Prices:

'Phone 2500.

65 Des Vor. Rond

Central.

The Natural Milk Food for Infants, Invalids and Nursing Mothers.

We have just receivest a large consignment!

粉奶牛洲澳

ACTOGEN

THE

RECO

MATURAL MIAK

INFANTS

SHIU FUNG TAI & CO., Agents: Por Hungtung and Houta China, Xas, 47 & 18. Crananghi Bund Central, Hougtong, Telephiude Nos. 19 & 200,

HIGH GRADE

"Embassy

NO. 77

CIGARETTES.

THE LIGARETTE

DE LUXE

Embassy

für "VIRGINIA CIGARETTES

Are made by seventie processes From scrupulously selected and pertecily_maru, Tobacco of the Higher trade civ. Ther are for that reason préferred, and demanded by Spong "men of all kinds

Their World Wide Popularife is based.

upon the unquestioned exceleret...

CAN BE QUTAINED OF ALL KICH CLASS. TOBAGEORISTS IN TENS OF

21 ANO AND BÜZES OF 19.

V. D. D H. D. WILLS, BRISTOL LONDON.

99-

ON SALE AT ALL STORES.

This Advertiscornt is issued by British-American Tobacco Co., (China) Ltd.

LTD.

WATCHMAKERS & JEWELLERS.

Hotel Mansions.

Agents for :-ADMIRALTY CHARTS,

ROSS'S BINOCULARS and TELESCOPES, KELVIN'S NAUTICAL INSTRUMENTS, BENSON'S ENGLISH WATCHES,

ENGLISH SILVERWARE, direct from Manufacturers, High Class English Jewellery.

MACARONI, PASTE STARS, EGG NOODLES, VERMICELLI,

AND ALL KINDS OF SOUP STUFFS,

LE our Pastes beat the "Rooster" label and arnizade from Flour of the Bost A. Quality containing a large percentage af Ginten. Starch and Gluten are the principal components of Flour. Gluten la casier to digent and contains, more nutriment than Starch. Manufactured under the most sanitary conditione.

Large quantities have been exported to various Important cities in the World.

Torms moderate, especially for Agetales: · Ordata achoutšći promptly. THE HING-WAH PASTE-MANUFACTURING CO., LTD, Hasd Cisco No. 37 and 15, Connaught Raid, Central, Hongkongy Tel. 1539 & 2230; - Principal Factory No. 71, North Soochow Road, Shanghai, China; Telephone 3235..

------Branch-Fmatory: Wing Hing Street Canseway Bay, Hongkong.

Cable Address : "Riowan"

HOTELS AND CAFES.

THE HONGKONG HOTEL CO., LTD..

Operating :-

4

*

..............The leading Ectel in the Far East.

The coming seaside resort of South

China.

THE HONGKONG HOTEL. THE REPULSE. BAY HOTEL,

(opening in the Summer of 1919)/ THE HOTEL. MANSIONS

Ofice premises).

The beadquarters of the Canadian Pacific Ocean Services, and the leading American businses concernE...

The Hotel Company, having recently extended their cold storage plast and instituted motor transportation, arg specialising in outside catering such

as banquets, dancea, pirales, etc, sad are prepared to supply all necessary equipméni, decorations, furnishings, and maxio, v

Quotations may be obtained on application at the Hotel Main Office, or representative will esll'on communicating with

Telephone No. 483, Catering Department. Telephone No. 1873, Manager.

J. E. TAGGART, Mixiora.

Fresh Arrival

of

ORANGES.

$1.20

per dozen.

WISEMAN, LTD.

Telephone 407.

AGENTS.

LONDON:WILLIAM SLATES, 42 Great Rundli Bireet, w.q., F.-Azgan, 11 & 12-Clemens. Lama,. Zombard – Bireth- c., T. B. Browns & Co., Ltd.. 163 Queen's Bood, Victoria St., CLARKE, SON PLATT, 86. Grace church Si, x.o., G. 8raang & Co., Led, 30 Comshill, GORDON & Gorch, 158. Bride St. R.. ROBERT WATSON, 150 Fleet Street, C. MITCHELL & Co., Snow”. Hi, Holborn Viaduct, 1.C., D. J KETHER & Co., S Whidriors 6 -za, Marner & CROWTHER,Ltd., 10, 11, 12, New Bridge St., 1.0. BOOTLAND :—Pres. 1. Butoxz, 8 North

B. Dad Street, Edinburgh, PARIS AND EUROPH, MATENCz Fazaa Co....18 Bu de la Grungs, Batal,

NEW YORK-T. E. BROWN, Ltd.

Bollan Hall; West 42nd Street, N York City.

Olan

"

SAN FRANCI800 and American Pors

generally: BRAS & BLACK, Bah Fran

QUOHO-Brocker & Co. AUSTRALIA, TASMANIA, AND NEW ZEALAND:—Bozoon & Joxa, Afd. Bourne del Bydney,

CEYLON W. M. Bra & Co., Taz

APOTERORIES Co. Colombs. BINGAPORE," STRAITS, &c. :--Krizz

& WA LED Singapore. PHILIPPINE ISLANDS —A. 8. WAT.

son & Co., Manila. BHANGHAI-Mosate. KELLY &

LED.

JAPAN :-Leges. Exity & Walia, Lon.,

Дове эта Уокопати

'CANTON—W.G.HoMPHREYS & Co.

THE CHINĂ MAIL, Wyndham Sher), Hongkong,

DAIRY FARM NEWS.

KIPPERS! KIPPERS!

JUST RECEIVED

A Now Shipment direct from Scotland.

65 cents per lb.

FOR SALE

SALE OF GOODS ACT.

“WHAT IS A SUFFICIENT NOTE OR MEMORANDUM OF A CONTRACT ?"

In the case of Kemp v. Lyons, heard before Mr. Justice Greer at the Liverpool Assizes, the decision given in favour of the defendant is of great importance to the commercial frater nity in general. To the lay mind the effect of the decision may seem POSTAGE STAMPS one-sided and illogical, and it may be worth while to endeavour to throw some further light on the subject, says a legal writer.

UNUSED

IN:

COMMEMORATION

OF

PEACE

at 50 cents per set of 4 Stamps.

GRACA & CO.,

No. 10, Wyndham Street, P.O. Box 620.

Hongkong,

JAPANESE MAKERS.

Every kind of Footwear :

MADE

TO

ORDER

CHERRY & CO.

PEDDER STREET,

· Oppoalbe Hamptong Hotel”, |-Telephone No. 191.

Hongkong, March 20, 1914.

MASSAGE HALL. MES. T. SUGITA.

MISS HALU 4. Wyndham Street,

"Hongkong." 4

MEE CHEUNG

PHOTOGRAPHER Ice House Street.

Photo of Peace Colebration Day & Night Decoration

Branch Opposite City Hall

In the first place, it is essential that the exact words of the Section of the Sale of goods Act should be set out. They are as follow:-

A contract for the sale of any goods of the value of ten pounds or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract or in part payment, or unless some note or memorandum in writing of the con. tract be made and signed by the party to be charged or his agent in that behalf

s

ị that note or memorandum, and could It is a little difficult to give a full not have set up as he did in the and complete explanation in this case in question by his pleadings and article, but I am prepared to stand otherwise, verbal terms which were by my crystallisation of the judgment not contained in the note: or in Buxton v. Rust. There are many memorandum signed by the buyers. |other decisions on the point, and it In these days, when there is so much was quite recently dealt with by Mri talk about having. legislation to Justice Bailhache in the case of Thir govern everything, even commercial kell v. Cambi, T.L.R., page 454, and contracts, it is as well to remember I think a quotation from such an that Section 4 of the Sale of Goods experienced commercial judge is Act is practically a replica of the 17th worth repeating. He says Section of Statute of Frauds, and was follows:-"However that might be- intended to prevent fraudulent con- in Bailey v. Sweeting the letter pur tracts being set up against persons porting to repudiate the contract set who had not given anything in writ-out the whole of the terms, of the ing, to bind them to any contracts contract..the authorities were which might be set up against them rather difficult to reconcile, but the It might be said that to rely upon such law appeared to be that where there, a Section savours somewhat of sharp was a letter acknowledging the ex- practice, but it may be said at once istence of a contract of some sort, but that every due effect should be given not setting out its terms or alleging to the Section now under considera any excuse for its non performance tion, and that it affords a very whole and merely alleging that the plaintiff some and necessary protection. In had failed to perform a term of the regard to commercial contracts. The contract, then the letter was not a writer is a strong advocate of "free-sufficient memorandum to satisfy the dom of contract," and would be Section." From this your readers tion is introduced which would tend practically goes on the same lines as sorry to see the day when any legisla-will see that Mr. Justice Baillihche to limit or narrow that freedom of my crystallisation of the judgment in

There are one or two little points. upon which your readers might like information.

contract. It would be more or less Buxton v. Rust. an insult to the intelligence and com. mercial integrity of our business men to introduce any legislation which might weaken the principles of "freedom of contract." 'One is only concerned in this article

However, to with the last part of the Section, but

come back to the it is necessary to keep in mind the question of what is a sufficient note words at the beginning. To bring or memorandum-I am almost in- the matter within the Section the clined to think that it is only neces- contract must be for the sale of sary to quote the decision in the case goods and the value of such goods of Buxton v. Rust reported in L. R. must be 10 or upwards. Further, Exchequer, Volume 7, pages 1 and the Section says that such a contract 279. This case was heard as far shall not be enforceable by action back as 1871, and the expressions of unless

These latter words the judges in that case on the point and in question still stand as good sound require some explanation,

to summarise the various decisions law. Without quoting in detail from

that

al elements

The 'cote or mem- orandum may be addressed to a third party or it may be contained in the minutes of a meeting. Underj some circumstances the signature may be by a mark or initials or by a stamp. The signature to a telegraph. form was held to be sufficient. The signature of an agent in his own name would allow evidence to be admitted to charge the principal. There are many other little points which might be dealt with, but what is desired to impress upon commercial readers is the importance

your

on the subject the Section means the various judgments the decision of seeing that they get a sufficient the contract may bea may be fairly summed up in the fol note or memorandum signed by the good contract, but it is not enforce lowing words "that any note or memo-party against whom the contract is able against the person who has not randum in writing set up by one party to be enforced, and I would finish up made and signed the note or memor to a contract against the other party the article by citing one of the judges andum required by the latter part of to be charged must contain or must (Martin, B.) in Buxton v. Rust,, as the Section. The seemingly illogical constitute an ambiguous recognition follows But here the defendant effect of this is that the party who of the existence of the contract and has signed documents which ... un- has not signed such a note or mem of its terms. Your readers will see equivably recognise, the existence of orandum has the option of making from this that the letter relied upon a contract in the terms of the me the contract enforceable by action or in the reported case fell very far morandum, and it is consistent with not. In the case reported (Kemp v. short of the requirements before set all the authorities to hold that signa Lyons) there was an order signed by out. If there hadbeen a mere reture enough to satisfy the Statute the plaintiffs for 100 tons barytes, pudiation of the contract it is settled and I repeat my crystallisation of and it contained all the essent law going back to going Buxton v. Rust to the effect that a back to the old case of Bailey: v. note ox. memorandum, in writing is to make it а good contract,

vis, the price, Sweeting, 30 LJ., CP 150, that insuficient under Section 4, of the the names of the parties and the there could still be a sufficient note or Sale of Goods. Act 1893 unless it con- time for delivery, &c, but the plain-memorandum if there was a reference stitutes an unambiguous recognition tiffs, although they had signed such to the terms of the contract set up a document could not enforce the and no attempt to introduce fresh contract by action because the terms, that is to say, the person, to defendant who had sold the goods be charged as in Bailey v. Sweeting had not made or signed a rate or might say "I did make a bargain

FOR A WEAK STOMACEL”“”“” memorandum in writing within the with you as you say, but I decline to meaning of the Section under con- have the goods because the carriera ganeral, ruin all you need to da sideration. The defendant, if he had broke them," or he might say that is to adopt a diet suited to you?" wished to enforce the contract, could the person charging him with the age and occupation and to keep your have done, so because he bad got a contract had hiaselt committed some bowls regalar. When you feel that you note or memorandum signed by the breach of the contract set up, and are enten too much, sud when consti patod, take one of Chamberlain's Tabista. buyers, but he, the defendant, would therefore he, the person to be charged, For sale By All Chermals and Store have been bound by the terms of repudiated the whole contracte keepers, demoted at

of the existence of the contract ser. up and of its terms.

THE PEAK HOTEL.

1,500 Feet above Sea Level

15 Minutes from Landing Stage." Under the Management of

Mrs. BLAIR.

KING EDWARD HOTEL

CENTRAL LOCATION ZE

ALL ELECTRIC TRAMS Pa Entranse, Electric Lifts, Fans and Lighting A European Baths sad Sanitary Fittings, Hot and Cold Water System throughout. Best of Food and Sercise.

Teleptone 373 Telegraphié Addrea VICTORIA

J. WITORELL, Manager.

PALACE HOTEL

- KOWLOON.—

(Two minutes from Star Ferry).

and entirely, ander new management. Cuisine under the personil poryfalan Bacsatly renovated and refurnished, electric light and fans throughout of the proprietor, Bar and Billiard Rooms. Torms moderate. Special farmis to families on application to

Telephone K. 3. Telegraphie Add: "PALACH

J. EL OXBERRY, Proprietor.

CARLTON HOTEL.

(TEN ONLY AMERICAN HOTEL, IN THE 'OOLONT.)

**ICE HOUSE STREET,[{"

む

Under American Management Nice and quiet yet only a few minutes walk from the Banks and Central District. <3 Bodgoras, Excellent Cuisine. scrupulously clean. “Moderate Terme. Monthly and Family Bater os application to the Proprietress., Launches mort. Famsenger Bosts.

Telegraphic Address CARLTON

* MIL. 3 E. CAMERON

THE ALEXANDRA CAFE

JT (OPEN: STEZŐ KIDNIGHT): Noted for? A

THE BEST TIFFINS AND DINNERS. FILLET CHADDOORS12, Joiner ICES AND ICED DRINKS. -

CAKES AND PASTRIES. Dinner and Picnic Partica catered for.

"A European Café under European Supervision,

Tel 909

BLUE BIRD

IUE OREAM PABLOUR

AND CONFECMONERE

na

LANG?YUK, Dariz,227

she Into STRAN TING, 14. D'ÁGUILAR Százsz.

TERMS VERY MODERATH -Commal babies' tres."

Tel 9090

CHOCOLATES Piata Keset Vanilla Chocolates

to daith

·Home-Mads Ankortad Chocolates. 1,40 per il "Hershey's: Nestle's and Bordan.

Locolates California. "Bar Chocolates

A per y American Chovalazar #14ố per lb.

Imperial Coco.... du esi per žie

0000.. oper

FRENCH LESSONS!

6. MOUSSIOM.

18, Morrison 2011 Kond.

2TMAHOMEM SAW