.
POLICE COURT.
Monday, 14th January.
BEFORE ME. HAZELAND,
DAMAGING GOYELNMENT PROPERTY,
THE HONGKONG DAILY PRESS. TUESDAY, JANUARY 15TH. 1901
MAKE TERMS.dla pod
PRIVY COUNCIL,
HARBOOK Y. BELILIOS.
ovor, and a visit was paid to bluejacket terri- | NATIVE VIEWS OF THE PEACE, A HONGKONG CASE BEFORE THE tory. The leather was relinquished to Clap her, and some tough work on his wing was followed by a corner for the club, which Clap hara sent in Making good use of a slight opening, Dansio emerged with the ball at bis foot, but a byo was his only roward. A toul against the Terrible for an illegal charge so opportunity gave the club forwards
The Judicial Committee of the Privy Council on the 8th ult. delivered judgment in the above case. It was an appeal from the judgment of the Supreme Court of Hongkong of February Justice.
8
guilty to damaging a padlock in a cell at the to get -away — an opportunity they tili Paper kas manifested anything like aggression 28, 1899, affirming a decision of the Chief Habilities incarred by the trustee by his retan-them appeared to their Lordships indisputable
A sergeant on the U.S.S. Albany ploaded Central Police Station on Saturday. The damage amounted to $20. The defendant was brought to the station on Saturday for being a straggler from his ship, Expecting to be at onos transforret to the Albany, his disappoint. "meat was kran when, instead, he was accom. moistel with a coll. To record his disapproval
in
to such good purpose that Lee was enabled to add another point to their score.. Noble captured from the centre kick, and breaking down all opposition, the club forwards worked their way past the Terrible's defences and once home often the hand her again sending it of this proceeding, the defendant vented his home. This equalised the score, and with the tion to power nor make adequate provision for and Sir Ford North, when judgment was demo ownership of the trust property but costuifque trust. But it was obvious that any
object of gaining the winning point, both sides played with renewed vigour. From this the Ho was fined So and ordered to pay $20 for Terrible ultimately emerged victorious, their shot that the daninge to the padlock. This he did.
contro-forward, Holden, sonding in Wood could not BAYA. -
Kesult-Terrible, 4; Club, 3.
foolings in the manner described.
DRUNKENNESS.
Afroman from the same ship paid $2 for be- ing drunk and incapable in Queen's Hond Central on Sunday.
For advertising the fact that he had been drinking by having in a disorderly manner in Queen's Road Central on Sunday, John F. Bannerman, a European clork, was fined $3 or 14 days. Ie paid the fine.
CLAN FIGHT.
CRICKET AT AMOY.
[FROM & CORRESPONDENT.], The following rabber of matches has been played on the small but picturesque ground at Kulangan, between the Officers of HMS. Ar.
Fic boilermakers in the employ of the Hong-gonaut and Amoy :-- hom Dock Company were charged with quarrell- ing and fighting in the public street at Hung. hom on the 12th int
The fight was similar to that at Jurdine's Bazaar lately, the participants being members of different chang Bamboes and iron hare were used, fortunately, however, without the indiction of serious or even savere injury. Only one man is in hospital, but he is suffering from bruises only. Altogether, about forty men wore ongaged..
The case was remanded till Thursday. The defendant, who represent the two claus, have. engaged solicitors-one for each clan,
HEAVY FINE FOR UNLICENSED SALE OF
LIQUOR.
A cook and a watchman at the Cosmopolitan Docks denied that they had been selling liquor without a linense at the Docks on Sunday.
Two seulen from the U.E.8. Albany gare evidence to the effort that the defendants offered their throa bottles. of gin at a dollar a bottle. The bottles were produced in court
The second defendant alleged tunt the wit- nesses asked him for whisky, but he refused to supply them, whereupon they assaulted him and gave him into custody.
A fine of $150 esal, with the alternative of three months hard labour, was indicted, and the liquor confiscated. Both went to prison.
STEALING FROM GERMAN NAVAL OFFICERS.
Cheung Kau, cook, and Wong Man Kong, boatman, had two charges of theft against their names(1) stealing one nickel-plated silver watch, value $6, the property of the master-at- arms on the Gorman, warship Hansa, and (3) xlealing one penknife, valus $2, the property of the chief engineer of the Hansa on the 12th iast.
They pleaded guilty, and were each sentenced
to 14 days' hard labour and 12 strokes with the birch. The first defendant is at present under- going imprisonment for thaff.
BEFORE MR. KEMP.
RECKLEEB DRIVING,
It la not often, from the nature of the traffic in the colony, that cases of this kind are dealt with, but Mr. Kemp had one before him yester- day. A coolie was charged with recklessly driving a van belonging to the Dairy Farm in Hollywood Road on Sunday, and injuring one Wo U. He denied the charge.
Yong
The complainant deposed that the van, pulled. by the defendant, care along at such a rate that ho (the complainant) could not get out of the way in time. He was knocked down and sustained an injury to one of his logs.
The defendant was fined $25 or two months. The money was paid.
THE WANCHAI CLAN FIGHT.
The twenty-seven coolies who were arrested for fighting with bamboos on the 3rd instant, when six of their number were injured, were again brought up, and further remanded till Wednesday. Bail of $25 each was again sl- lowed.
FOOTBALL.
H.K.A.F.O. V. H.M.8.
TERRIBLE."
These teams met at Happy Valley. yester day afternoon, when the following were the players --
Clab: Goal Wood; backs-Porter and Lcober; half-backs-Beattie, Bunnor, and Von der Pfordton; forwards-Lowe, Lee, Noble, Tallook, and Claphara.
Bartlett
TerribleGoal-Watson; hacks and England; half-backs-Jones, Forbes, and forwards-Butler, Jones, Holden, Dan- Hardy; zie, and Clemens.
Wes
for
'The club started the play, and half a minute late, Noble, receiving a pass from Clapham, opened the mooring. Contred, the ball again became club property, Lowe footing it and
A teslo en passing judiciously to Leo. sued, and the Terribles conceded a corner on the right wing.
g. which was unproductive. A dangerous shot well stopped by Hardy, and Clemens took up the play his side. Well supported by the other for wards, he carried the game into clab ter- ritory. Holden got the pass and shot, but the ball was not followed up and was allowed by Wood to roll part: A corner on the Terrill loft wing was sent over the lar. From tis goal k
Ikick Clemens and Danzie got possession, but is good sprint by the former was stoppet by Porter. Lowe took up the play, and shot. The ball, cleverly returned by Watson, was sent back a few seconds later by Noble, and once more fisted cut. Relieving a rather dangerous pressure, Jones and Butler transferred the The leather to the other end of the tteid.
1ST MATCH.
Played on the 6th December. Result-Amoy won by 147 runs.
former passed to Holden, who sent in a long shot from well out that Wood, probably under the impression it was going past; allowed to This equatised matters. drop into the- ret. Some hard play followed, and the Terrible's half- backs blocked numerous rashes by the clab for- wards. Defeating the defence, Lee sont in
all that, had it been sent just ever so slightly to the left, would have gone bome, As it was, the hall strack the post and bounded Ine't. Following en van play in centre, the Terrible's loft wing carried the leather inside the club's difonos line. A shy against the ground eleven resulted, and from this slight advantage Jones recorded a second goal for the bluejackets, Just as the half-time whistle sounded, the Terrible's forwards were successful, from some forbid
play, in again defeating Wood, and ted the ball for the third time.
Alf-time-Terrible, 3; Clab, 1. The resumption of the game saw play for. a period contined to midfield, but a break
by the club forwards resulted in their the net. Bartlett and England showed topping up well in this half, and fed their forwards. splendidly. Butler, receiving a pass from centre, proved himself a tricky player on the ball, and get the better of Lee, who tried to take possession, Love bad botter, luck, how
netted
H... "ARGONAUT," Bor, A. J. Dexter, b Marshall
Ft. Lindomy, R.M.L.I., Thomas, Pratt 7 tiont. Mullencax, b Simpron Mr. Fellowes, o and h Marshall Second-Llout, St. Clair, o and b Simpson...
.Mr. Wilshin, a and b Marshall
Mr. Hearn, e Daaby, b Simpson...
Mr. Stubbs, e Keay, b Marshall
Mr. Thomas, b Simpson
Mr. Taylor. not out
Capt Hawkins, K.M.L.I., o Thomas, b
Marshall
Extra
Total
ARGY.
W. Milward, b Mullesena w
E. Thomas, St. Clair, b Mulloneix
F. H. Marshall, o Dexter, b Lindley
1
04
17
C. T. Simpson, o Bt. Clair,
Thomas
35
J. T. Pratt. 6 Mullaneux..........
0
7
E. H. Low, b Malloner...
10
W. E. Keay, b Fellowes...........
W. Wilson, b Mullonenx
36
J. J. Dunne, a Stubbs, b Thomas.
10
J. D. Danby, Thomse, b Mullensux.
41
17
14
211
J. Phillips, not out...
Extras.14
Total
DOWLING ANALYSIS.
INNE. OF H... "BONAZT,"
. Simpson
Marshall Pratt.....
..... 10
4
4
1
INNS. OF AMOY.
0. 36.
13.3
0
9
4
0
St. Clair beim
0
Thomasian s
4
0
Dozier engang pan
G
0
Mullonenz Hawkina.....
Fellows...av
Lindossy
2ND MATCH.
Played on the 15th December. H.M.S. Argonaut won by 114 runs.
AMOT,
›C. L. Simpson, rum out........
W. Milward, b Mulloneur ***
J. D. Danhy, e Brown, b Mulleneux
F. G. Kell, at Brown, b Hawtine
J. T. Pratt, b Mulleneur.
F. B. Marshall, b Hawkins
E. Thomas, not ont
J. J. Dunno, b Hawkins
SELEBBSH 5867
enor-ong ANG₫
Rosait
W. E. Keay, o Lindonay, b Fellows....
E. L. Simpaon, o Mullerous, b Bt. Clair...
J. Phillips, b St. Clair
Extras......
Total
30
H... ARGONAUT." Lieut. Brown, Kooy, b C. L. Pimpan... 23 *Rev. &. J. Dexter, o Kosy, b Marahall
It. Mullenenx, e Thomas, b C, L. Simpson 21 Lieut. Lindemay, R.M.JAL, b Marshall Capt. Hawkins, R.M.I..., e Simpson, b
18
L. Brandreth, a E. L. Simpson, b Marshall 0
econd-Lieut, St. Clair, & E. f. Simpson, b
Mareliail
Mr. Taylor, Kell
Mr. Fellowes ant b Kell
Mr. M. Coppin, b Kell...
Mr. Jones, urt out.
Ertra
Hawkins Halloneux
Total.......
BOWLING ANALYSIS.
INNS. OF AMOY,
0
10
5 Fellowest. Sanık v Bt. <lair Lindosay
HLOHO
$12
1
1
INNA OP N.M.8. **ARGONATE,
Marshall Prath
C. L. Simpson........... Koll Keny
3RD MATCH. Played on the let January, 1901. Amey won by 30 runs.
AMOY.
E. Thomas, e Fellowes, b Mullonetix W. Wilson, b Hawkins' mar
..194.
reserved.
was
twas res
COLD STORAGE.
by the trustees into several smaller distinct trast sify could not extend beyond the trust estate or Ace one large trust estate had been converted the absence of special ontract his right to indem estates the liabilities incidental to one of them beyond the respective interests of his ceatule could not be thrown on the beneficial owners of gas trustent. In this case their Lordships had The attitude of the tintive press in discussing
the others. That was decided in "Fraser v. only to deal with a sparson suí juria beno- the recently adopted terms of peace ccstitutes a striking indication of the spirit of justice and
Murdoch" (6 A.C., 855). But where the only foially entitled to shares which he could not modoration with which these terms have been
cestui que trat was a person sus juris the right declaim. The obligation of such a person of the truster to indemnify by him agaiust to indeninify his trustee against calls upon drawn up. So far as we have noted only pus
tion of the trust property haul never been limited in a Court of equity, unless, of course, thor was sotne contrast or other circumstance which or complained of the terms as too severe, and
How there was Mr. Latham, Q.C., and Mr. Whinney were to the trust property; it extended further and the we have heard it hinted that in this case articles referred to emanated from a foreign counsel for the appollant, Mr. Joseph Walten, imposed upon the cestui que trust a personal excluded such obligation.
The argumenta were recently board before a his trustee, That was no new principle batus Benjamin and Kelly on any promise by source. Some have complained of the terms QC, and Mr. E. J. Parker for the respondent obligation enforceable in equity to indemnify one. Whether the plaintiff in this cass could not sufficiently definite and inclusive, and have expressed regret that they do not easure the board composed of Lord Hobhouse, Lord was as old as trusts themselves In "Babsk them to indemnify him need not to discussed. again on liability, incident the obligation of the defendant as the plaintiff's tal to the return of the Emperor and his complete restora Robertson, Lord Lindley, Sir Francis Jeune, Hyham" (2. P.W. 45) trustée sought it Such right, if it existed, in no way affected incurred by him by borrowing payment to the plaintiff by Benjamin and Kelly. the reformation of government in China. It is
Lord Lindley, in now delivering their Lord against a liability perfectly natural that those papers which moro
the appeal was whether the plaintiff, who ceatur que treat. The Court decided that the would reduce the amount which the plaintiff or less voice the sentiments of the Reform party ships judgment, said the question raised by money at the request and for the benefit of his or by the defendant, in respect of the call should take this view of the case; but we are
For those the registered haldor of some shares plaintiff was entitled in equity to the relief could recover from the defendant, or fron somewhat surprised to find the Bhen Pao, the recognized organ of the Conservatives, devoting in a banking company which was being which he sought on the broad ground" that a them, as the case might be. its leading articles to the argument that the wound up, was entitled to be indemnified by thoatus qui trust ought to save his trustee harm- reasons their Lordships would advise ber poace terms are not only moderate and just, but defendsut, who was the beneficial owner of such less as to all damages relating to the trust. Majesty to allow the appeal and to reverse
shares against calls made spon them in the That language (although
who wore not sus the defendant would pay the costs of this op- in many points actually calculated to prove of benefit to China. A recent issue diuussas at windling up. The Courts of Hongkong had applied to cudur que de no criticism if the judgments appealed from with costs, and longth the fifth item, a proposal to prohibit the decided against the plaintiff on the evidence juris and alse sols beneficial owners) showed peal. Owing to the judgment appealed from importation of fire-ams into China. The adduced by him and had entered judgment of plainly enough that it was taken for granted as being a indgment of non-suit only, their Lord-
non-suit
The defendant adduced no evidence, well settled that, speaking generally, absolute ships were unable to advise her Majesty to author notes that during the present outbreak it did not become necessary for him to do so. beneficial owners of property mast in equity order judgment to be entered for the plaintiff the foreigners have found that the most offer. The Chief Justice, who first heard the case, bear the burdens incidental to its ownership and with costs. The defendant was entitled to a tual weapons turned against them have been the gan from their own factories, and they have decided that the defendant was the sole benefi- not throtr such burdens on their trustees. The new trial at the risk of costs. But how, in the naturally decided that this must be made im.cial owner of the shares, but that the plaintiff short report of Baish v. Hyham as given in 2 face of his own books and conduct, he could possible in the future. As for the Chiness and failed to prove any contract by defendant to Eq. La, Ab, 741, fol. 8, alowed that that genreasonally hope for ultimate success their standpoint, we are told that from the very be indemnify him-either express or implied: Oneral rule was well recognized and that the docision Lordships were at a loss to concalve. If, how ginning of commercial relations with the out-appeal the Chief Justice and Mr. Justice Wiso was only an illustration of its application to the arer, he insisted on his strict rights he was side world more money has been drawn away considered that although the defendant had be- facts then before the Court. It was impossible to entitled to have the action remitted to Hong- from China for the purchase of war material come the sole beneficial owner of the shares the rend the judgment of Vice-Chancellor Wigram kong for retrial, and their Lordships would
in "Phend v. Gillan" (5 Ha, 1) without com humbly so advise her Majesty. relation of trustee and cestuíque truet had not than for any other purpose. The govern- mont has expended fabulous rums in the been created between the plaintiff and the de ing to the conclusion that he also regarded the purchase of arms of all descriptions, only to fendant sud that the defentiant had not become general rule as well established. The principle learn in the course of a year or two that some liable to indemnify the plaintiff. Against these soled upon in Balsh 7. Hylam
this well-known case of the "German Mining Co. thing nower and better had been invented and decisions the plaintiff had appealed to the board. considered and most strikingly illustrated in that China must once more put out money if The facts of the case ao far as they were material she would keep up with the procession. This were shortly as follows:-The back in question ex parte Chippendale" (4 De. G. Me and G., enormous outlay might be justifled if it had was formed and registered with limited liability p. 19) where shareholders of a mining company under the Companies Act, 1882. Its capital was di- were held liable personally to indemnify the enabled the country to resist foreign aggres- vided into shares, which were not fully paid up directors against payments made by them in sion, but in not one single instance bas it done when it went into liquidation in December, 1894, discharge of debts contr. ted by them but this. Consequently the sums so spent may be counted as abenlately wasted. Attention is alec Calls had been shade on the costributeries, of which payments created ne legal obligation on He was a contri. the company enforceable at law and could not de called to the fact that so long as the purchase whom the plaintiff was one of arms is permitted it is impossible to re-butory in respect of 50 x10 shares. He had recovered by the directors from the company by strict it to the friends of law sud order been sued by the liquidator for the calls made any action at common law. The shareholders in alone. In many cases already outlaws and on him in respect of those shares, and judgment vain contended in that caso that the direc had been given against him for £402 Rs. 11d.,tors had only a right to indemnify out of Where, as in rebels have been rendered doubly dangerous to the country by the possession of forsign which he sought to recover from the defen-the assets of the company. weapons The complète cessation of the trade dan. The 50 shares in question were placed" Belah v. Hylam," a trustee sought indemnity in the plaintiff's nuts in April, 1891, by in respect of transactions in which he need not will remove this source of peril.
The author now shifts to other and, we think, his then employers, Benjamin and Kelly, have engaged and which were not within the firmer ground, and argaos that wisdom grows who were sharebrokers. The plaintiff nover scope of his trust he must prove that his cestui unly out of difficulties, and that nuen learn to had any beneficial interest in them; but he was que trust either authorized or ratified such tran sactions. But if he had incurred liability with- support themselves only when their props are registered us their holder on April 3, 1891. Á taken away. If China is unable to get her war provisional certificate of his ownership was in the scope of his trust and for the benefit of material made for her in foreign lands she will made out and he signed a blank transfer of his cestui que trust "Ex parte Chippendale gradually learn to make it for herself, and in them, and those two documents were held by showed that nothing more was required. When the course of time will not only be fully pre- Benjamin and Kelly, who paid the application a trustee sought indemnity from his cestui que pared to resist. har enemies, but will have and allotment money and first call. That cer- trust against liabilities arising from the mere nor authority for saying that the trustes need developed her own resources and Industries and tificate and transfer afterwards came into the fact of ownership there was neither principle given prosperity to her people. This particnlar hands of one, Coron, who acted on behalf of a item, then, is one which the Chiness should un-syndicate formed to speciate in shares in an prove any request from his cestui que frust to other company. The defendant financed that incur such ability. In the case supposed the hesitatingly accept without waiting for any syndicate, and the provisional certificate and trast involved such liabilities and the trustee outside pressure. Shanghai Mercury.
blank transfer of the 50 shares in question whilst he remained such could not get rid of were, with other securities, plegal by Coxon, then. He was subject to them as legal owner; | HONGKONG VOLUNTEER CORPS. with the defendant as security for his ad- but in equity they fell on the equitable owner vances. In October, 1891, the plaintiff's pro- unless there were good reasons why they should visional certificate was, exchanged for an ordinary certificate, which the defendant had ever since beld. Tu March, 1892, dividende were paid on those shares, and the defendant, as holder of theshares, deraanded the dividends from the plaintif for them and received them from him. The operations of the syndicate resulted in considerable less. Their accounts with the defendant were closed, and in October, 1892, the 'or sounder than the language of Vice- dufenthat became the absolute owner of the
"MACHINE GUN COMPANY.
The tenth shoot of the present series took place at Kowloon on the 13th inst., when Bomb, P. P. J. Wodehouse scored his first win on the No. 1 and his moond on the No. 2 cap. The following are the best scores ---
200 500 600 H'cap. T 28 42 26
95
Bomb. Wodlehonse Gun. Hursthouse Corph W. King Gun. C. G. Danby Captain Banders Lieut. Fallerton
9
22 20 31
12
86
23 29 22
10
81
25 24 14
21
84
21 26 20
14
81
28 15 19
15
**
BERI-BERI.
Captain Bost, in a contribution so the Inulins Medical Casette, finds that beri-beri is invari ably associated with, and apparently caused by. a microscopio germ belonging to the group known by bacteriologists as micrococci. He has observed this germ alike in rice and jowari grain, and in the rice Liquor which is largely consumed by coolies and sepers in Rangoon, He has also found it in the blood and cerebros- pinal fluid of patients suffering from beri-beri, He has farther induced a disease in fowls, iden- tical with, or at least very similar to, beri-beri, by inoculating them with cultures of the germ ob tained from rice. The conclusios indicated is that the swallowing of grain or rice-liquor of fected by the germ is what causes the disense, The theory is supported by the greater prova. lence of beri-beri amongst sepeys and adult coolies than amongst women and children who consume less rice liquor. An important feature about the germ is the high temperature it can withstand with impunity. Unless cooking therefore, be thorough, there is danger of rice that is infected not being rendered barraless by this process. The point is of importance, especially in jails, where special attention will be needed, in time of epidemic, to ensure the thorough cooking of grain. Captain Rost's ex- periments are remarkably complete, and it will of great interest to learn to what extent further experience confirms his conclusions. Should the theory be suggests be found to be Result- invariably applicable a means will have been provided of protection from a serious disease which has, of late years, been distinctly upon the increase in Burma.
**RES* ***
C. L. Simpson, e Mulleroar, h Hawkins
E, H. Low, at Brown; b Lindecay.
J. T. Pratt, b Fellowan
F. B. Marshall, ↳ Coppîn
F. Kell, not out
W. E. Keay, o Brown, b Mullenou
J. D. Danby, b Malleneur
J.J. Danno, b Coppia...............
E. L. Simpson, a Coppin
Extras
Total.
Me. Stobart, c Thomas, b Low
Extrusio
Total
exwww.
10
14
11.3: ARGONAU,” Lient. Brown, Keay, b Marshall ...... Ruv, A. J: Dexter, a Thomas, b Keli Lieat. Mullenour, e Danby, & Kell.... Mr. Fellowes, o Dume, h Marshall Capt. Hawkins, E.M.L.I., Pratt...... Sond-Lieut. St. Clair, o and b Low.... Mr. Coppin, E. L. Simpson, b Marshall..
4
43
20
12
Mr. Thonu, o Knay, b Low..
13
M, Fanee, o Danby, b Pratt
30
Lieut. Lindsay, R.M.L.L, not out
3
B
183
BOWLING ANALYSIS.
INNE. OF SMÓT,
:D.
Mulleneur Накіда
41
11 S
45
Fellowes Lindessy Chippin Tomas
2
0
21
12.2 3.30. 3
INNS OF H.N
“ARIONARY,
Mareball Koll
Low
G1, T4. Simpson.
be
not.
As regarded shares the right of a trustee to be indemnified by his cestui que trust against calls had been ropeatedly recognized and ea forced on the principles applicable to the quit able ownership. of property and without re- ference to the principles applicable to contracts or specific performance or any other legal or equitable doctrine. Nothing could be plainer
Chancellor James in "Castellam v. Hobson"
THE HONGKONG ION COMPANT, LIMITED THE Hard to receive perishable pre- visions for Cold Storage at EAST POINT at
WM. PARLANE, Moderate Rates,
Manager
Heagkong. 17th February, 1899. R. J. REMEDIOS. NORLIGN AND COLONIAL STAMP
DEALER
No. 37, CAINE ROAD, HONGKONG. Will be glad to send STAMPS on approval to any address on receipt of satisfactory refer- ences.
Is also prepared to purchase used POSTAGE
AGENTS WANTED. STAMPS in Large or Small Quantities for Cask. 15 to 25 per cent Discount Allowed. [3020
BONZOLINE BILLIARD
BALLS.
THE MOST PERFECT
and
ONLY RELIABLE SUBSTITUTE
FOR IVORY BALLS.
P
BONZOLINE BILLIARD BALLS 91"
PRICE RS. 36 per sot.
shates: That at least was the conclusion arriv. LH 10 Eq. 47) and of Mr. Justice Chitty C.LAZARUS&CO.,
BILLIARD TABLE MANUFACTURERS,
Branch
60 & 61, Bentinck Street,
CALCETTA.
Head Office TOKIO.
KAISHA
BAT, SINGAPORE, SHANGHAI, TIEX- Office-LONDON, NEW YORK, BOM- TIN, NEWCHWANG, and all Ports in JAPAN.
AGENCIES :—
Miike Coal Mines, Kanala Coal Mines. Hokoku Coal Mines, Yoshinotaui Coal Mines, Ohnonra Coal Mines, No. 1, Ohtsuji Coal Mines, Ichimura Coal Mines. Kishius Coal Mines, Yoshio Coal Mines, Yamano Coal Mines, Mazonra Coal Mines,
The Osaka Shosen Kaisha, Limited. Tokio Marine Insurancs Co., Limited, Meiji Fire Insurance Co., Limited. Kanegafuchi Cotton Spinning Milk, Shanghai Cotton Spinning Mills, Tokio Cotton Shipping Mills, Miike Cotton Sppinning Milla, Onods Cement Company, Imperial Government Paper Mills,
MITSUI BUSSAN KAISHA,
M. FUJISE,
Manager. (2786
ed at by both Courts in Hongkong from the in "Loring v. Davis" (32 Ch. D., 634) James v. Way" (L.R. 6 Ho. L., 328) pre- entries in the defendant's books, and there were no grounds on which the board could come to coaded on the same principle. Other cases to any different conclusion. In November, 1993, the same effect might be cited, but it was un- a call of £1 per share was made, payable by necessary to refer to them. No case had been four instalments of 58. each. The first three found or as their Lordships believed could be 2123-1) were, at the plaintiff's request, paid by the defounil, which was opposed to those authorities. fondant to him and by him to the bank. The The principle was recognized by Mr. Justice MITSUI BUSSAN defendant said he was not liable to pay them, Fry in " Hughes-Hallett v. The Indian Man- and in his hooln he debited the plaintiff with oth Gold Mines Company" (L.R., 9 Ch. D., No. 6, ICE HOUSE STREET, PRATA CENTRAL those payments, but there was no evidence that 561), although he there held that the application the plaintiff was informed of that. The fact that for indemnity was premature. It was true that at that time the defendant did not dobit Cozen the foots of that case were not in all respeole with those calls seemed to their Lordships very like those in the cases above alluded to. "But strong evidence that at that time (oron's in-although the facts were different the result of terest in those shares was at an end and they them was the same; i.c., the facts were such that belonged absolutely to the defendant. On April the relation of trustee and cestui qu trust was 10. 1894, the plaintiff wrote to the defendant created. In the present case the defendant did asking that the shares might be transferred out not create the trast on which the plaintiff origi. of his name, but the defendant declined to get ually held the shares. The defendent had that done, and the plaintiff said no more about nothing to do with procuring their registration itautil June, 1894, when the fourth instalment in the plaintiff's name as trustee for Benjamin of s. in respect of the call of £l became due. and Kelly and their assigns. That feature of The plaintiff then asked the defendant to pay the case was strongly relied upon by the defen that instalment and he did so, but debited the dant's counsel as distinguishing it from those plaintiff with the amount as before. Shortly above mentioned, and relianes was placed on afterwards the plaintiff's solicitors wrote to the what Lord Blackburn said in "Fraser r. Mur- defondant and asked him to have the shares doch" (L.R., & A.C.) about makers of trusts transferred out of the plaintiff's name, but the (pago 872) and trusts to carry on business with defendant declined, saying that the shares were particular funde (page 875). But their Lord- lodged with him by Coxon, who was absent ships could find nothing in Lord Blackburn'e from the colony. Further correspondence took judgment which was inconsistent with the The fact that the defen- place after calls had been made by the liquids principles which in their Lordships' opinion tor on the plaintiff as already stated, governed this case. but the defendant refused to indemnify the dant did not create the trust on which the plaintiff and the present action was commenced. plaintiff held the shares won they were It appeared from the evidence as it stood that first plaved in his name afforded the de-. the defendunt became in October, 1892, the sole fondant no defence to this action. Although beneficial owner of those shares, the legal title the defendant did not create the trust he to which was rested in the plaintiff. Assuming accepted a transfer of the beneficial ownership that to be established their Lordships were at a in the shares first as mortgagee and afterwards loss to understand what more was required to as sole beneficial owner with full knowledge of create the relation of trustee and cestui que the fast that they were registered in the trast between the plaintiff and the defendant. plaintif's name as trustee for the original pur- In connection with "A Dark Secret," one of The facts that they never stood in the relation chasers and their assigns whoever they might the most popular of the early water-tank plays of vendor and purchaser, that there was no can be. By that acceptance the defendant became it is recorded that at a recent suburban pro-
tract between them, that the defendant never the plaintiff's cestui que trust; and the plaintiff duction the manager, whose knowledge of
requested the plaintiff to become his trustee could not prevent it or effectually dispute his music was limited, saked the conductor to pro were quite immaterial. All that was nece tance the defendant created the trust for him. trusteeship for the defendant. By that accep to establish the relation of trustee and some appropriate melcdions strains. "Lurline" was suggested, then "The Bar of que trast was to prove that the legal title was self. Having done so the defendant as the Biscay, but neither met with the manager's in the plaintiff and the equitable title in beneficial owner of the shares demanded from the plaintiff and obtained dividend declared in approval. The conductor smilingly said that the defendant. That might be proved in
The defendant also paid he knew of one work from which he might ob-
many ways. The mode of proof was quite im- respect of them. tain some selections. What is it ?" asked the material. Being proved, no matter how, the calls unde apon them although he at manager. Hossici's Tancredi," replied the relation of trustee and ceatus que trust was tempted to protect himself from any ad- manager. Just the thing," added the manager. thereby established. No one could he made the mission of liability by entering the pay. We shall have to put it on the bills that we eneficial owner of shares against his will. Any ments in his books sa made on behalf of the play the overture to Tankready!"
attempt to make him so could be defeated by plaintiff. Lastly, when asked by the plaintiff disclaimer. But the moment the defendant to procare a transfer of the shares out of the accepted the beneficial ownership of those shares plaintiff's a name the defendant refused to do so. ho became the plaintif a cesul que trust and and thereby compelled the plaintiff to continue Fer Imperial Gorman Mail steamer Prins the plaintiff had no option in the matter. I be to hold them as his trustee. It was idle after For next step was to consider on what principles an that to rely on the fact that the defendant did Heinrich, sailed on the 3rd January. Genoa-200 bales waste silk, 70 cases raw silk, absoluto beneficial owner of trust property not create the trant in the first instance; and idle to talk of renunciation or disclaimer of For could throw upon his trustee the burdens in- 10 cases essential oil G pkga ton. Smyrna:-50 cases cassia bads. For Trieste cidental to its ownership. The plainest pri those shares by the defendant. He could not 106 cases staraniseed, 10 cases essential oil. For tiple of justice required that the cestui que, now get rid of the trust for himself which he Antwerp-200 cases cassia, 105 bales feathers, trist who got all benefit of the property should created by becoming beneficial owner of theshares 57 cases gallnuts, 33 bales ratancore, 29 boxes bear its burdens unless he could slow some and which trust he had recognized since Chinaware. For Antwerp/Hamburg---20 boxes good reason why his trustee should boar them sabuisting. It was quite unnecessary to con The obligation was equitable and sider in this case the dificulties which would For Antwerp Hg/London 100 himself. bristlee, boxes csasia, 100 balos broker cassia. For Ams not legal and the legal devidons negativing it, arise if those shares were held by the plaintiff terdam cases Chinaware. For Rotterdam unless there was some contract or custom fa- on trust for tenants for life or for infants or 21 bales canes. For Bremen-415 rails mat- posing the obligation, were wholly irrelevant upon special trusts limiting the right to ind" ting, 18 cases ouries and private effects. For and beside the mark. Even where trast pro-uity. In those cases there was no teneficiary Hamburg 223 bales canes, 140 balos feathers, perty was settled on tuante for life and who could be justly szpected or required per 75 cases staranissed, 10 boxes bristles, 5 cases children the right of their trusted to be indem-sonally to indemnify the trustee against. the copperware, 5 cases human lair, I case China. nified out of the whole trust estate against any whole of the burdens incident to his legal Ware's
Hamburg/London-15 boxen bris-Liabilities arising out of any part of it was clear ownership, and the trustee accepted the trust For
and indisputable; although-If that which was knowing that under sach circumstances and in
vide
Eles
EXPORT CARGO.
Hongkong, 19th August, 1899.
MITSUBISHI DOCKYARD AND ENGINE WORKS, NAGASAKI.
CODE WORD: "DOCK." NAGASAKI, A.1, A.B.C., Scotts and Engineering Codes: Used.
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89
77
Width of Entrance on Top Width of Entrance on Bottom. Water on Blocks at Spring Tide, 25.
371 feet.
350
06 58
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PATENT SLIP (at KOSUGE), Can take vessels up to 1,000 tons gross.
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