1907-07-03 — Page 3

that the work could reasonably have boon com- pleted by the date of completion, original or tobalitated. It ser ms clear to me that, the works not being completed on the given date, the duty of the engineer was then and there to certify that they could reasonably have been completed at that data. What Mr. Danby has done is as arbitrator, after basing been called on to express an opinion on to the areasonableness of the

I

THE HONGKONG DAILY PRESS, WEDNESDAY, JULY 3RD, 1907.

LAW REPORT, MAY 31.

HOUSE OF LORDS.

(Before the LORD CHANCELLOR, LORD MAONAGHTEN, LORD ROBERTSON, and Lon ATKINSON),

THE NATIONAL BANK FOOLE AND OTHERS 1.

CP CHINA (LIMITED). The following is the judgment of Lord Macoaghten in this esse, the decision in which

is reprinted:

"TANSAN”.

Beware of Bogns Imitations!

.'

3

The only genuine TANSAN bears the name of J. CLIFFORD WILKINSON OD the latel

Hard water hardens the arteries; Soft Water helps to keep them slastio and puke-rosponsivo · TANSAN ie the Softest of all Drinking Waters.

WATERS.

delay. I am of opinion that he had no right to The plaintiff's evidence supplies the key to what was reported in The Tries of May 99th, and by reduction proposed wos in all respoelotly TANSAN mixed with Milk, Wines, Spirila, ote., neither impairs nor in any way saltors, excep

do this. Further there is no substituted date within the meaning of the continet, none having been fixed by the engineer. Therefore, so far as Contract No. 49 is concynd, the certificate should have been given within a reasonable lima after January 25, 1902, I, therefore, answer tho first question in the afbræutive, athjeet to the

auspouse. That there was no consideration for it Sa manifast from plaintiff's own evidence. His version of the case is that $250 was to be paid for signboards, eighty-five per cent for the Australian debis and the other debis at face value. It is impcesible to give a face vaine to there Wa Tai doble, therefore, the plaá ntiff nye he wae going to get them for nothing, which is highly improbable.

was passing in bis mind. I wanted to kbow what the legal expenses would be before I accepted nud Chan Yam refused to tell mo. He said that if they did not alter the draft of the agreement from exclusive to inclucivo they would have to pay bim expenses. For the life of me I cannot follow it. If the debt bad bean the delt and the consequent Inbilities. What he really wanted was to get rid in some way or other of his share of the liabilities. The probabiliti BOU.

br Tects

with aro ent'rely defendants and in favour of nielusion. With th

regaid to advertisements each party was al liberty to insert one, and an inference had been drawn from the fact that the debts or rather their exclusion wes not mentioned. Nor, may it hen marked, was their inclusion. Too great an inference Lai been drawn from the advertica- ment,

a

interpretation I have just given of the morning includul the purchaser would have taken over of the Court of A: peal in the present case and / Power conferred by the Act of 1 67. 1ean sne

JAR

of substituted dalo which affects the meaning of the last winds of the question," or any substi- tuted date." There is however a further question as to Contract No. 476. So far

Tract No. 476 is concerned I answer question in the negative, for the reasons given above, and the third question mast also be answered in the negative. The fourth question Lua no reference to this antract, but the answer to 19 « Bfth question, so for ng 1ùi, contract is concerned, is in the affirmative. But

for an ectracta Nes. 474, 475 and 476j are concerned, the

Bikers to questions Ine Az il tren

10

After referring to other exbibi ́s. His Lord- depend on the ship concluded: Ieg tirely gres with the find BULWOT to question Cour, which invrives | ing of the learned Puisno Judge, the interpretation of the Chinese" agrement of July 1, 193, which İy

The Paine Judge-This is in appeal from a decision of my own sitting in Original Jurisdie in paragraph of the accial case. By this tion). The question arose on the transfer of the agreement the järtles themselves substituted business, etc., of the Wah Hing Luong Arm by A přil 15th, 1984; ns the data on which contraef some of the partners to Ue other partners. In N 475 was to be complete. Iem of opinion the original draft-of the memorandum of such in the first pliers thet this agregent undoubt

transfer certain debts due to the Wah Hing adly unlified clause 18, to far as the Equidated Loong by the Wah Tui and Fung Shing fies damages era concurned and it must, therefore were exciuiles. This admitted that this draft nullify the clase so far as the engiucer's cer -tificate is concerned. The damngue for failure Court and saed on those debts word included, so Iwas altered and in the document produced in to complete on April 15th, 1904, must be that the question before the Court was whether arrived at by interpreting this agreement. that alteration was made before né after execu By it, if the shops are not handed over by tion. I was of opinion that it was made after and, Apul 15, 1984, Chey lau will then require therefore, of course, frandabout and a forgery, Trang King to cimponate le Chor Chau $3,000 and I gave judgment accordingly for the for the first month of the building contractor's defnadauts with costs Overtime and $600 for the second month. I may have had or am supposed to have What the parties meant by this I havs net te fiz en that point at that time, I have none remofest le. I mast, however, undeniour te ZIGW. This opinion was and is mainly based ou ascertain its legal effect. Deva il menu $6.00 for the second neabsequent mentis Clearly Bot. Then are here two automate, singly or collectively, a peulty or liquidated damages To my mind the very that of there being two

differnt some for the dist and second mont shows that they could act to frented as liqui- dated damages. They certainly are not genuine pre-estimate of The

it

Whatever ilonuts

the uvidence of the plaintiff himself and his witness (the accountant). The plaintiff stated that previous to the date of the agreement fle parties had not consulted and arranged that a n account was to be made out that the price agreed

fo expand their respective natural Havera,

PER CASE OF 48 HALF-BOTTLES

DOZEN

do

F

CASE OF 10) QUARTER BOTTLES DOZEN

do

SOLE AGENTS—

$6,25

100 8.45 1.10

H. PRICE & CO., LTD.

TRUMPHONE No. 135, 361

WINE AND SPIRITMERCHANTS,

12, QUEEN'S ROAD CENTRAL.

THE

relative whether of the individual or of the nation. The rights of the individus are limited and de Ened by the rights of the cow- urity end the rights of our ene nation or group of individuals a depondent upon the ROBINSON PIANO righis of the community of uations.

The right of the Filipinos to independence) depends upon their power to conform to what is required of independent națiorg Ly interna tional publio pinion--Cablenews.

MORRISONIGRAMS.

CO., LTD.

that Mr. Justice Farwall was quite right in disregarding their opposition." The Yearnod Judges of the Court of Appeal did not dissent from the view of Mr. Justice Farwell, but there was some expression of doubt and hesitation. There were two other points raised before the Court of Appeal which the Court evidently thought of some importance. Although the order of Mr. Justice Farmel was afirmed. the learned Judges of the Court of Appeal do not seem to have been quite ertised that the TANSAN is entirely free from the ohnexious taste peculiar to salted or other fabricated

propar, cause they doubted whether it was Loid Macnaghton-I quits agree with my commensurate with the Icas aofually proved. oblond learned friend on the wolack that that material in such a case as this, when this appeal must be dismissed. I venture to add the interests of the public are not concerned?- few observations, because there soms to be a Sfar as lossise unily pre ved the case is one

મ growing Landsney to narrow and restrict the of thoun saans specially mentioned in the power to reduce capital conferred by the net of ¦ Act of 1877. So far as the reduction вония 1807 on companies limited by abares. That beyond the actual lose it is within the general tendency is a parent, I think, in the judgmout

objection to it It i it is a prudent and business partiendors in the addition which that Com the measure, not unfair to any shareholder and has made to the order pronaurced by hir. Justion not detrimental to the public. Farwell. The power

by the set of other point which the Court of Appeal Fork 1667le perfectly general. Any restriction upon it into custastation, rather unseerily as I not authorized by the Act of 1967 is or the Act venture to flink. The of 1877 is calculated, I think, to lead to incra-

a copany had established Jurid ont

surplus profits which they called venience and expense, and to hamper and on-profit reserve fund."

Part of it the company barrass companies in the ceudnet of their do had resolved to use for the purpose of waking mestic affairs. The subject of reduction of good loss of capital. The rest, some 211,00", capital was very fully oursidered by this House they proposed to retain. The petition states Trustee and Finance Corporation 2. Comper' 11894 in the case of British and Ameris n that the retention of a reserve fund of at least th ainouut proposed to be retained was necess (LR, 194, A ( 390; 63 LJ.. Ch., 425). Insary to support the credit of the empany na a that case Lord Herschel, after referring to bank. I want say I should have thought that the Acts of 1957 and 875, said →" It will be teme reserve was an obviens necessity. It was, observed that neither of these statates prescribes of course, quite proper for the petitioners to state the manner in which the reduction of capital is all the simsinners of the ensu frankly and to be effeted, nor is

is there any

limitation of the fully, but still this was a purely domestic matter power of the Court to cons, the reduction allogether outside the proving of the Curi. The except that

must first be satisfied that all Court of Appeal was not quite satisfied about the creditors tacitled objest to be the propriely reduction are either coasted ur berore land. That is in handy part af real was allowed poid ccured. Later

dag to

to pass on the comprus giving an undertaking, with the case before the House, he which is embodied in the order, that no part of The Inesis of creditors are not involved, 24 sum retained our of the prast reserre fund and I think it was the policy of the Legislatore should be applied therwise than for enpital to trust the prescribut majority of the

As the company offered this under share. Furposey. helders with the decision whether there should taking I do not propose to your Lordships that be a reduction of capital, ned, if so, how it should it should be omited, though I do not quite adds this observation" There can be no dent long it is intended to last. But I must say. be carried into effect." By way of caution he understand what the undertaking means or how that any scheme which does not provide for speaking for myself, that I do not think that uniform treatment of shareholders whose rights this addition to the order ought to be treated ne are similar would be most harrowly sentinized | n preement in any other cure. With these by the Court, and that no such seheran.ought to

observations I concur in the motion which has Le gonfirmed unless the Court be satisfied that it been proposed. The appeal must be diemisted will and work unjustly or incouitably. But this with coste. is quite a different thing from saying that the Court has a power to sanction it.'

same view. This Lord Watson tutes the words are these Apar. from the interest of creditors, the question whether exeb member shall have his share proportionately reduced or whether some members shall retain their shares quished upon their recoiring a just equivalent, ubroduced, the abares af udders being extine

is a purely domestic ratior, and it might be greatly for the advantage of the company that the latter alternative should be adopted." Speaking for myself, I see no reason to alter modify what I said in that case. "Creditors." I observed, tara protected by express provisions. This consent minst be procured or their claims must be satisfied. The Fablic, the shareholder, and every class of shareholders individually and

or

of

ura

કર્યું.

the

ALL FREE AND EQUALS

The bistory of the United States is so full of the Fourth of July, the Declaration of Independence and fireworks that the average called self-ovident truths which constitute his American rover realizen bor many of the so

political gospel are but half truths, ntil be at formula that served sory well for the attempte to make a universal application of solving of some American problem.

Ax 1

mafter of fact very few of the glit tering general statements on political and social questious, flat came into

Vogue in the United States with the Revelationary War D get into our state papers and were

Following are resent isleg sms from the TALKING. is correspondent at Peking

Peking, May 30.

MACHINES

AND

RECORDS.

By the outgoing feruan mail party of 25 select students from Shan Univesite pro cued d to Foglead to completo their education by a five years course of study, all their expernes are paid, except in the case of two who are more wealthy, from the provincial roventes. This is the first fruit of the line of action taken by the British missionary societies in Stan-, who declined to accept an indemnity for the losses which they cabstained daring (ho Boxer ent break in 1960, and arranged that the e compensa tion offered them by the Chinese Governmcat should be applied instead to the erection and endowment of a provincial University. for Western education under foreign professors.

The province is making good progress with LARGE AND VARILD ARICLIMENT the railway which vill unite the Ta

yen-fo, with the main line to t

which will be completed this your. Shuts indeed, shows such a friendly disposition to foreigners and foreign enlighteume that it is regrettable that our future good relatin should be jeopardized by a misunderstanding On January 24 the British between the province and the Peking Syndicate. Ouverament presented to China a demand for ocmpensation January 1 of this year for every day's delay by on behalf of the syndicate for £207, a day from the provincial authorities in issuing a parrai for the syndicate to legis mining operations in this prasizce. There is reason to fear that the manifesto defining its claims, which distributed by the agent of the syndicate among the provincial authorities, known to the British authorities when they

The Chinese are pot acting unreasonably. The agreement now known as the Pulang Syndioste's Shan-si concession was signed on May 21, 1898, by the Suan-si Bureau of Trad and the Italian Signor Luzzatti The views of the latter as to the methods of dealing with the Chinese are revealed in a halter quoted at the géneral mooling by the clairman of the Pekin Syndicate, according to the report published in The Times Financial and Commercial Sapple. ment on February

then taken up by other people who presented their domand,

instcation or the application of gold scientific analysis. These political platitudes Lave come dowu to us es part of the heritage left us by the fathers They are as inash a part of American thought us are the actual provisions of the Constitution and they disqualify the average American for governmental adminis. tration of a certain surt.

apon excluded theso dobts, and it is brious that the plaintiff was a party to that ngement. Further where the plaintiff goes in to give amount of reasons for such exclusion, that the Wa Tai damages likely to be suffered (see Co- had a counter claim for 815,000 against the protected by the necessary but the their initutions from us, will bar missioners of Works. . Hill. For I caus! Wah iling Loong, and they were evidently in see how each an estimate van vary in respect foar and trembling that that eksiu might be of two capéecutive months. They are a pea-successful and in that ease their eisim against alty: and, therefore, I think the law is that the the Wah Tai would he swamped and the Wah plaintiff may either take the penalty or ranover ifing Loong would be ruined. The accountaut the damages ha ha in fuct suffered. The stated that he drew up erhibits and deducted anewer to the feasth question is, therefore, that the Fung Shing debts (which of course include domeges may he recovered under the Chines, the Wah Tai defendants, as both stand on he agreement for delay in not completing the same footing so far as this cass is concerundy couts set by April 15th, 1904, The auswer to and be further states that on that beets the the fifth question is in the affirmative, though agreement was draw up. It is, there for I feel considerable doubt es to the view of le substitution of the Chinono agreement The auswer to the sixth question is in the affirmative with regard to both contracts taken together.

IN APPELJATE JURISDICTION.

clear that up to the date of the execution of the assignment or possibly a short time before the plaiali had agrand for the exclusion of these datondants. He then says he changel bis mind at the twelfth bour. I must my if the case had ended. Chers and there was no further appearanco on behalf of the defendanta I should have had to give judgment for the plaintiffs: CBAN WO AND OTHEHAN TABI

should have done so will great relustance. uf Their Lordships delivered judgment in this coures what happened was that when the netion in which the plaintifs were the appell | plaintiff bugan to think that Lasso debts hnd ents, and the defendant respondet, the appear; some value he, with his acevantant, altered the being against a judgment of His Houen: the assignment. On the appeal Mr. Pollock laid Puise Judge.

stress on certain exhibits. One was the advertis

REFORE THE FULL COURT.

Sir Henry Berkeley, K.C., and fun. Mente inserted by the plaintiffs and defendants H. E. Pollock, C., instructed by Mr. C, D, respectively, and it is true that they cou'ain Wilkinson tuf Messis. Wilkinson and Grist), no referencs to the exclusion of theas debts, appeared for the plante, and Mr. M. W. and it was, therefore, argued that this was Sinde, instructed by Mr. G. K. Hall Brutton ovidence in favour of the coutoution that th fof Messrs. Brutton sid Hett), represented alteration was. roade in the assignmat

bofera erocution. the defendant.

As to the exhibit 4, is bad bacu characterised either directly or in ferentially by the defendant and bis witnesses as a forgery. Mr. Pollock argued on this

r98500

After the appellaunts had concluded their argument the Chief Justice intimated that he alid not wish to bear Mr. Slade (for respondept and said: Now, this appeal was pat to me tu point that it was bighly improbable the plain- this way. The balance of probabilities did not tiffs should have annecessarily gone in for inoline as the learned Puis Judge thought forgery on such a large scale, and pressed they did and the question pul to us first was the point that there was no object or Was it more likely that the debts were exclusive for such furgoy and, therefore, that, if the er inclusive? Unless the ease can be put higher Court came to the conclusion that exhibit 4 was than this the appeal must fail, because it falls Pota forgery, this would throw sach discretit within the principle of doubt in the ouse just the evidence for the dofondant as a whols quoted, and not only fail, but I thjak, be dismissed. that the court could not hold that thò assign- I printed this out to the hurred counsel and afterwards the ground for appeal was put down

|

по

wox

1902 (18 The Times Law Raports, 75;

was not

Why do you not hegin work at Shan vi?! Never mind what the be, go to work. In Chins the great thing is opposition of the local authorition and the local gentlenen may the fuit accompli, and if they do kill suine of our engineere und stuff, so much the better: for then you will have a goed,

case for compen antion with the Chiness Government."

Clause 20 provided that the agreement should be written in a Chinese and a foreign taxt, English not being posited. In orory other agreement signed by England and Ulion a lause bas always been inserted specifying that the English text shall be authoritative. The omission of such a clause in the syndicate ngre ment gives a presumption that the Chinese text was to be authoritative, and, acting on this, the Chiness caim that in all they have done they hars not exceeded their rights ander the agreement.

NEW STOCK JUST ARRIVED,

MUSIC:

LATEST COMIC OPERA SCORES

ASD.

DANCE MUSIC

JUST ARRIVED.

flou kong, 29th November, 1996.

NO REST FROM BURNING HUMOUR

Painful Swellings Formed in Arm- pits and on Bask-Itching Pre- vented Rest Suffered Six Weeks and Became Run Down from Want of Sleep-Three Full Sets of

CUTICURA REMEDIES

ENTIRELY CURED HIM

"I had been founded will swellings under the armpits atst on the pinall of the back accenpanied by a burning Itch to ich an extent that I got very ttle rest, day or night. This and Tru gelig on for six wellotge more and I had tried various soothing intinents, these, however, gave only temporary relief, and as I was getting run dow from the wait of rot, £ degin to com sult a doctor, but on noticing the Cuti- eura Itemedios advertised in the paper, I though I would give them a tigh I used Cutiewen Soap first, but this did not give the desireel 'relief, then I tried Cuticura Soup, Cuticura Olutment, and Cute Resolvent Fills for three suc- cessive times. I am thankful to say that, though my, trouble waa painful and sever, Iny cure was comp.co within a month, and I in the future thall urge any one whom I come acress afflicted with skin troubles to use Catt- eurs Remedie, knowing as I do the great good they have dine me, I ar never without à hox of Cuticura Oint- ment in my home. Robert Beatzon, 81, High St, Fort William, Dec. 6 and 12, 1900.

+37

proceedings and by the discretion that is trusted to the Court, Laul confirmed by the Court the proposed reduction is act to satisfied. When it is confirmed the memorandum take effect, though all the creditors have been is to be altered in the prescribed maguer, and the company, as it were, makes a new departure, inconsiderable, the Act apparently leaves the With these safeguard, wich ocrtainly are not

The members of the Continental Congress company to determine the extent, the mide who originated the doctrine that all men are and the incidence of the reduction and the rented fresand equal and drew on the data of application or disposition of any capital money their own limited experience to formulate and which the proposed reduction may set free state a law that should be as general in its Sush being the views expressed in this House, looked uver the men of the thirteen colonies without any dissent or

application

the law of gravity. These men qualification, I was surprised to hear it argued by the learned who belonged to the sums raco as the British counsel for the appellan's that the Court has subjects a the other side of the ser, who in

jurisdiction to entertain a position for the herited the same political past and the same reduction of capital, unless it be proved that the social institutions, and found that these colorials capital which the company proposes to cancel were as intelligent and as capable of zalf- is lost or unrepresented by available asse! No government as were their cousins across the water. doubt some countenance for that proposition They also observed that the man of each of the may be found, oron in cares which have occurr 13 Colonies were equally intelligent and that the ed since the decision of this House in. The whale constituted a people practically without British and American Trustee and Finacce classes or castes or grades; altoost nu ideal do Corporation . Cooper." In the Barrowmocracy. The peculiar environment under which Hematite Steel Company (1980, 2 CL they conquered the American wilderness had wade 86: 09 LJ, Ch. 839), where the schems the colonists as nearly a pure demacy as the

obviously unfair 10 proposed

the world has over known. And strange enough preference shareholders and the petition was their experience in the American wilderness very properly dismissed, there are some expres.

had made them mers capable of self-government There, a serious discrepancies in the two sions in the judgment of the learned Judge who

that were their English cousins as a whole. text. The indicate claims that the English decided the care which, taken apart from the

than they themselves would

have been tea gives it the "ole right"; the Chinese contention. The decision of Mr. Justice Buck. conditions. The members of the Continental Chinosso that gives it only a special privilege," context, may seem to appear to support that trained in old England under less strenuous have high authority for contending that the ley in In ye Anglo-French Exploration Congress observed these things and wrote hat and that as s.ninst other foreigu syndicates all men were created free and equs!. What desiring to work wines in the area mentioned. 2 Cb., 845) gera area further. His they really meant was that the people of the The English text gives the syndicats tho right language, if correctly reported, seeme to imply cole

colonies were as good as the people of to apply for a permit, provided the proposed that because the Act of 1877 specifics certain

Hinglaadad atood ready to prose it. No works are not injurious to the place. white cases and declares that the

& power

conferred by one beli ves for au instant that John Adainu the Chineso text states that a permit will be the Act of 1867 "joclud, s

6p: cified, í

meant to include the American Indiune against issued if "local conditions pressul no obstacles," is to be inferred that in all other cases the whom the colonists had been struggling in Bat Ional conditioar in view of the syndicate's jurisdiction of the Court is excluded. If that his "all mer," or that Richard Heary Le claim to a monopoly, do present an obstacle,

the weaning of what the learned Judge thought of the slaves on the Virginia plantation is

therefore the Chinese decline to issue a permit. said, with all respect, I am unab'u to agres

ea as free and equal to biawelf. with his rier. The condition that gives juris.

As a matter of fact the statement as they mesut the official statement recently published in in its prospectus of March 6, 10, and in diction is not proof of loss of capital or proel it was true ad self evident, but as they stated English and Chino in Chios the syndicate that capital is unrepresented by available assets, it utterly erroneous and incapable of verification, claims that it has the sole right for 61 years to or that capital is in exces of the wants of the

The members of the Continental Congress mine coal throughout 20,000 square miles in company. The jurisdictis n arises whenever the who signed the Declaration of Independence, Shu-si prevines, the richest coal-mining aren company seeking reduction bas duly passed a in spite of their inheritenes of thren hundred in the worl, whose people are almost wholly special resolution to that effect. In the present They had to learn that the more declaration did throughout this vast area all Chinese mira

f political experience had much to race, dependent on this industry cosa crediture are unt concerned at all. The redtellon does not involve the diminution of not take the solonies independent. They had

or olored down, but,

chris 20 desire to payment to any shareholder of any paid-up the war with the mother country that made their stand

upon the capitul. The only questions, therefore, to be struggle a revolution instead of a rebellion did right, it is ready to oncede to natives copsidered are these() ought the Curt to not make the colonise independent. The seven mining in the old way, with native methods and refuse its sauction to the reduction cat of regurd years that followed the close of the war ware

ware ativa capital, the privilege of working tusir to the interests of the members of the public the most arilial years of their experience. mined so

area or enter into competition to. company and (2) is the redaction fair and

with the syndicate ontside the district' equitable as between the different classes

Further, the syndicato demands throughout shareholders F Now their eters

could not establish a

a national incora sufficient give the

this from the date of the signature of the

prea, | shareholders flat full st information us to to rou a government or obtain pule eredit

the reasons for the redastion and the causon abroad. Had it not bash for the fact that agreement, "recognition of the syndicate's sol

right to open ocal-misca under this agreement, which led them to prepove it, All this mes of unsural Huanchal gesius and abounded to the exclusion of all other new minst and all explained in this

It Last been public spirit, such as Hamilton, Washington other foreign machinery." In enggested that the proposed reduction is und Franklin, were available in the crisis, the meant to be ironical, the syndicate decurs syndicate receive the reply that the matter is

pisango not

to any

therefore, must be this it fair as the war fought to no purpose.

it will prove itself a

true friend, bring ug British Government. between diferoal classre of shareholders? The To member these things will help the education, enlightenment, and prosperity to the enly

objection put forward is made on the part American who is troubled in conscience when province of Sban-si."

PRKING, May 31. of an in-iguificant number of holders of foun-

he hears the Filipino politici quiling the The provines nake how long can native min lost evening by Sir Robert Hart and M. The Dairy Customs agreement was signed der's shares. There are two individuals who American Declaration of Independenes working with antiquated methods and forbidden Hayashi, and if the necessary preparations ary bold fire founder's shores each, and there is a proof that these islands have a moral right to for 6 years le use fortigt muchinery, able to completed is will brooms operative on July 1. public company holding 24 founder's stores. be independent and on this bypothesis arest alongside a foreign syndicate with the The directors in their circular to the share capable of independence,

mothods and machinery. When similar termes after 2-át spring in the light of the The agreement provides for a revision of its latest shares were of no com. The teaching of history and experienos is that mercial value. That is not

ic Shan-tung the British Governme..t and utility..

years of

*

I elims that

ment was a forgery, as it would be, if the any liability in respect of unpaid capital or the to learn that even the successful termination of/ "pened since May 21. 1808, are to be excluded défoud ala' contention was corest. Although

to the fact that the debts could not have I agree that the authority or fulitz of tho

to the assignment.

(or

been excluded. I find it difficult to keep defendant's evidenco as to exhibit 4 has off the question of probabilities, became a tearing ca the oredibility đang đ they figured so largely in argum at, It seems fondant's evidenes as to me that the probabylīties are that if the vendor yet holding as I do thể ord wished to exclude special debts he would havojas a whole) that the alteration in the assign. insorted paragraphs to that off-ct in the agros

ment was made after exccation, I cannot think ment, and if he meant to include thero was no supposing for the sake of argument the defou acessity for such paragraphs. He did ins rt dant's evidenci as to exhibit 4 to be fals") than?

the absenes of mention of exclusion in the the clause which shows very clearly what was in his mind. The acçoxutam's oviteuco agress | advertisements under the special circumstane s

drawn up, that shows that Chan Yanveertaibly | cau dobar the defvadunt from su ewding in this bad it in his mind, to exclude special debts. Į action on the main points as to whethør thø There is also the probability that if the paralteration in the assigament was prior or sub- clasor had intended them to be excluded he sequent to excention, my decision as to which would baro naked :—Why did you introduce this is mainly based on the evidenos given by, and on

letter

of its

who may be induced to tuk shares in the They were men of the same race and blood with cate's gay they do not invade the syrali-,

пров

litica

one language and yet they were unable and form a govoranout for 1-1 years.

CUTICURA

The Great Skin Cure and Purest and Sweetest of Emollients. Cuticura Ointment is, beyond ques- tion, the most successful curativé for torturing, disfiguring humours of theskin and scalp, including loss of hair, yet com- pounded, in proof of which a singlo Anointing willi Cuticura (stmont, pře- ceded by a hot bath with Cuticura Hosp. and followed in the severer caseabyn does of Cuticura Pills, is often euleent to afford immediate relier in the most dis- tressing forms cf kiching, burning, und sealy humours, eczemas, washes, and irri tations, permit rest and skep, and peint to a speedy cure in the majority of cases, when all else fails,

A Bingle Bet oftra Cunas fold throughout the world. Depose London, 27, Charterkons, Bei H. Tawas C. STUDY Dozen, Ltd. Uspe Toit, etc.: . Paul, Calentia: Pullet Vinz & Chim. Corp., bote Prove, Cinicura Booklike

51-5

with this. As to the form of agreement when of this case and false evidence as to exhibit question, clien en publio grounds TL»j da olnuntion would have been made in rain and that, if this recognition be given to its munepols. no long in its hands, but in the of th

teatouch?

I admit that he might have behalf of, the plaintiff. 1 think the appeal holdore, stated that these denied. It is pro- there is little moral right aside from praoticalactionary claims were demauded by Germany | experience gained in the meantime. It contains.

forcibly effvoted his end by altering ex- should be dismissed with ocats.

clusive to inclusive, if defendant agrard, but this leads us to another probability,

Press vigorously protested.

In the old days when Europe ast the pattern in astonishment of Shan.agine, then. two annexes, one similar to the Kino-chau inia farthings governmentala great deal was heard about British Government comerface when Customs agreement of April 17, 1859, with the

posed to PLY the dissentient shareholders the par vains of their shares out of profits, and to How To BE BEAUTIFUL-Keep your com- extinguish they render it

it dilleul, if nut

with exactly

jomission of articles 13 and 16, the other based It is more then improbable it seems to me that plexion, Mrs. Ellon's Crêma Charmante, Lait sible, for the company

the divine tight of kings. In these modern days the same demands and claims heavy compete agreement of April 7, 1904,

on the Kiao chau inland steara. navigation Charmant and Special Skin Tonio and Pondra The dissentient sunrebolders do not demand, when the political fashions originate largely in tion for failure to give them neseat. Many Charmante will enable you to do it. Her and never have demanded, better peory and talk too much about absolute rights of the a claim made in error and will insist on the ohurie, in which Japanese action is regarded by

Washington,

The question of posts and 'telegraphs in Mau- people go to the other extreme hope that the British Government will withdraw terms, but they insist Specialities for the Skin are the study of a

on retaining their strictly speaking lifetime. A.B. Watson & Co, Ltd.; Bole Agents holdings, which in all reasonable probability individual person and the individual group of syndicate's coming to compromise. The the Chinese as a serious infringement of their a bad debt, lat culy one very much in

can never bring any profit to them, and may persons called a nation. As a matter of fact be detrimental to the company.

I think there is no euch thing as rights that are not proviuoe is willing, but all overtures to the sovereign rights, still remains unsettled.

the vendor would have thrown in what was

called a bad debt for no consideration.

know that it was not

We