1914-05-27 — Page 5

Cutler Falmer &

The Wine Merchany of the Casti

NAPIER JOHNSTONE'S

"SQUARE BOTTLE”

WHISKY.

UNVARIED FOR OVER

150 YEARS.

THE SAME TO-DAY AS IN 1745.

BEWARE OF IMITATIONS.

SOLE AGENTS IN HONGKONG

LANE CRAWFORD & CO.

sad from ALL-WINS MERCHANTS.

~233 Appointman to 31.M. King George V.

-it

must

be

[63

Bovril

Proved by inde pendent scientific investigation to have a Body.

Power Building

of 10 to 20 times the amount taken

dvár 30,yanis ago the lace Lord Beaconsfald tested the benefits be received from HIMROD'S CURE and every post brings similar letters to-day.

ROD'S

ICURE for

ASTHMA

FAMED ICH 40 YEARS.

Sold in tins by all Chemists and Stores throughout the Country. Beware of imitations.

"Oh! I say! It's Good!" Coolingrefreshing and 'snappy

"Montserrat

LME JUICE

is the ical Summer beverage.

Lage supplies have Lately

be shipped from London.

KONTRAST & want by niż teading fasolower,th,

95-2

68-1

THE NW FRENCH REMEDY. ⠀⠀ THE APION No. 1.

CORM DISCHARS, KITIZERS, WILINGUT LAJMOTIONS.

THE APION No. 1

COLM BLOOD WIN, KID, LEN EIN HAUSTIONE

THE APION No. 3

ORAS CHRONYHANNKASM, DRAINS, SOFT, VIEos, &c. BOLD BY GRATE CHEMINŢE, PRICH IS ENGLAND 29, FREE BOOK TO La Chans no. Da HAVRESTICA BHAMPRtead, LondON, WAT WWW DRJONTATERLUSE) FORM OF

THEIAPION

A CUBE FÖR YOU

KANT TO TAK

IZANTINAR CREJ

KEN THAT TEAĮxaxaxi WORD "TERRAMON IS DE BANE, BOVT. STE AFFORD TO AID GENTINA RÁZKUS, INSISTON KAYING: THERAPIEN.

175

BE

HONGKONG IRON

MINING CO., LTD.

GEORGE LANZIUS 7. SIR PAUL OHATER.

FULL TEXT OF JUDGMENT.

THE HONGKONG DAILY PRESS, WEDNESDAY, MAY 8/18, 1012

At the Supreme Court yesterday, the Chief Justice, Mr, H. H. J. Gompertz, gare judgment in the action in which Mr. George Lanzina, a mining engineer, sued Sir Paul Chater, C.M.G., in con- nection with prospecting and mining transactions. The plaintiff claimed: (1), The sum of $45,000; (2), 166) fully paid up shares of $100 each in the Hong- kong Iron Mining Co., Ltd, or, in the alternative, the sum of $15,650);

Mr. C. G. Alabaster and Mr. Eldon Potter (instructed by Mr Willson, of Messcs. Stephens & Willson) appeared for the plaintiff, and Mr. Sharp, K.O. (instructed by Mr. Looker, of Messrs.,

WM. POWELL

LTD.

Taïapkonn 348. E

CRETONNES

AND

TAFFETAS

FOR

NEW

VICTOR

S.S.

SHIPMENT

OF

RECORDS

RECEIVED

BY THE

EMPRESS OF INDIA.”

INCLUDING ALL THE LATEST LONDON AND

CONTINENTAL SUCCESSES.

INSPECTION INVITED.

EXCLUSIVE DISTRIBUTERS:

Deason, Lesker, Deacon & Haidon), LOOSE WASHING COVERS. MOUTRIE'S

represented the defendant.

on

His Lordship said This was Д Argument

certain legal issues under an order made with the con currence of the parties by the Chief Justice. The arrangement has no doubt some advantages, but it has also draw- backs. It is not always possible to disentangle issues of law from issues of fact. I have heard argument on the second issue propounded by Mr. Sharp, but the question here is at any rate one of mixed fact and law, and I must decline to determine it now; it will have to stand over till the trial. Again, on the con

SHE OUR WINDOWS FOR

SMART DESIGNS.

We shall be glad to forward complete sets of patterns on

application,

(649

BANKS

(51

BANKS

THE CHARTERED BANK OF INDIA NEDERLANDSCH-INDISON

HANDELSBANK, AUSTRALIA AND CHINA,

(NSTERLAND INDIA COMMERcial Bank.)

ESTABLISHED 1869.

INCORPORATED BY ROYAL CHARTER, 1953.

*HRAD OrrICH LONDON.

Paid-up Capital

£1,200,000 Reserve Fund

£1,800,000 Beserve Liability of Proprietors £1,200,000

Genermé

struction of the documents. It would INDO-CHINA BRICKS. TILES. PIPES FOREIGN EXCHANGE

perhaps have been more convenient if

I had had the whole of the facts clearly before me, with the circumstances of the case and the relations of the parties. Possibly, however, the facts which are common ground are sufficient basis for me to proceed. If I find myself in any real difficulty I can always stay my hand until the evidence has been taken.

The first question arises upon the construction of the agreement of 22nd July, 1905. Did Messrs. Chater and Mody contract to pay remuneration to Messrs. Lanzius and MacMilian? This agreement is in the form of a letter. It is headed, "To Sir Paul Chater, C.M.G., and H-N. Mody, Esq.," and proceeds as follows- GENTLEMEN,With reference to out" con- -vération as to Minerals in the New Territories and adjacent British Islands, we understand that you will act with us for the purpose of prospecting for same and if thought advisable for acquiring mining rights and developing the same, the terms being that you are to have three-fourths interest and ourselves one-fourth in the venture

T

"We understand that you will pay such wonies (not exceeding $1,000) as you think. necessary for the cost of the prospecting outfit and also such expenses for the pros pecting as you think proper and reasonable,

It is further inderstood that in the evout of your deciding to exploit any discoveries you will apply to the Government. for the mining rights of the several areas, and will find such money for scquiring such mining rights as you may think proper and reasonable

"It is understood that all discoveries. which we bave already made of Mineral

COMPANY. LIMITED.

FIRE CLAY BEST FIRE BRICKS AND PATENTED ROOFING TILES.

Guaranteed against Typhoon and Leakage,

MORE THAN TEN MILLIONS IN USE IN THE FAR EAST. SAMPLES AND FULL PARTICULARS FROMI

P. SOFFIETTI & Co., 14, DES VOUX ROAD. TEL, 289.

ALWAYS IN STOCK.

[1049-2

Summer Excursions

TO

JAPAN

BY THE STEAMERS OF

CANADIAN PACIFIC S.S. LINE. PACIFIC MAIL S.S. CO. TOYO KISEN KAISHA.

of the probability of Minerals shall be GOING AND RETURNING WITHIN PERIOD 1 JUNE-31 OCT disclosed to your on the signing of this document and that all discoveries made by

us during the continuance of our joint

RATES FROM HONGKONG+

venture shall be at once disclosed to you and NAGASAKI $120.00, KOBE $135.00. YOKOHAMA $150.00.

shall be the property of the joint venturers, and that we shall not dispose of any such discovery to any other person, neither will wo directly or indirectly apply for or hold any mining rights in the New Territories and adjacent British Islands.

Tickets aro

are interchangeable for return by any steamer of above-named Companies and include Rail between Japan Ports of call I desired.

and Banking business transacted t

CURRENT ACCOUNTS opered and FIXED DEPOSIT received for 1 year or shorter periods at rates which will be quoted en application,

A. 8. HEWETT,

Acting Manager Hongkong at March, 1914.

INTERNATIONAL

CORPORATION.

[2494

BANKING

HEAD OFFIGS: 60, Wall Street, New York, LONDON OWPICH: 36, Bishopsgate, E.Q.

BRANCHES:

Bombay. Calcutta.

Kobe.

Manila.

Canton.

Cebu

Calon,

Empire.

Hongkong

Hankow

Mexico.

San Francisco.

Panama.

Peking

Shanghai.

Yokohama

CAPITAL AND SURPLUS Gold $7,900,008.

equal 21,480,000

EVERY DESCRIPTION OF BANKING

BUSINESS transacted. CURRENT ACCOUNTS opened on the usua

DEPOSITS RECEIVED, Axed for one year "at per cent, per annum or for shorter periods, at rates which may be ascertained on application. BILLS NEGOTIATED and COLLECTED. REMIT MAIL and TELEGRAPHIC

TANCES made lake and LETTERS OF CREDIT and - DRAFTS

granted on all the principal iti in the World.

Authorised Capital, FI: 80,000,000 (£9,500,000) Paid-up Capital... Fl. 17,407,000 (£1,450,588 Reserve Fund. FL 3,618,000 £543,168)

Haid Orrian: AMSTERDAM. HEAD AGENOT: 'BATAVIA

LONDON BANKERS: THE WILLIAMS, URACONE BIKE. Swing BANE VERBÍN,

The Bank transacta avery description of Banking and Exchange business, roogivan money on Current Account and on Fixed Deposit at rates which may be ascertained on application...

G. VERMEY, Manager, No. 8, De Veux Road Central. Hongkong, 3rd October, 1913.

[21

HE BANK OF TAIWAN, LIMITED."

THE

(INCORPORATED BY Semcial ImerKIAS CHARTER).

Capital Bubscribed...

Capital Paid-up

Reserve Funds

Yen 10,000,000

7,499,250

3,430,000

HEAD OFFTON TAIPES, FORMORA.

#BRANOHES AND AGENCIE

Amoy Kinkiang Shanghai Batavia Koby

Bombay London

Singapore Swatow

Calcatta Manila

Ticha

Canton

Tainan

Dairen

Takow

Foochow

Newchwang

Tamsui

Takyo

Yokohama

Hongkong Now York

Kagi

Keluar

R

Oik

San Francisco Etc.

HONGKONG OFFICE,

By Dar Vous Road, Interest allowed on Current Assounts, Deposits received on terms which may be had on application. Takrat

Hongkong, 19th February, 1914

THE BANK'S CIRCULAR LETTERS. TSUDZURABARA, Manager.

CREDIT ste available all over the World.

COMMERCIAL LETTERS OF CREDIT

PURCHASE and SALE of Stocks and.

Shares affected. TRAVELLERS' CHECKS sold and sashod

GEORGE, HOGG: Manager. Queen's Road, Hongkong, 21st October, 1913.

Passengers may go and/or return TIA MANILA without additional charge by steamers #, calling at that Port so indicated in schedule of sailings shown below.

on the Coust.

The Steamers operated by the Companies named are the largest fastest and most farnirioak

It is agreed that you are at liberty to withdraw from this arrangement at your JOINT SCHEDULE OF SAILINGS TO AND FROM JAPAN PORTS. pleasureYours faithfully.

We agree to the above-

To JAPAN.

NADABAKS ·Hoa PORGIZANIA

ABBIE!!

·ABRITE),

FROM JAPAN.

(Signed) A. CAMPBELL MACMILLAS.

(Signed) Gro. LANZIUS.

KORE YOKOHAMA

LIVE

LEAVE

Hakskor AKTIVE

STEAMER

HONOKOKO Leiva.

MANCHURIA

·June:

12 June

K OF ABIALIKE 10

TENTO KABU-

KILE NIE..

3 June

June

II June

(Bigned) CP. CHATER.

(Signed) H. N. MoDy

Now the circumstances, as I have them before me, are shortly as follows:- Some time in 1903, not long before the date of this letter, Messrs. Chater and Mody, men of business and capitalists in Hongkong, were approached by the plaintiff and s Mr. Macmillan, who were mining engineers, that is to say, professional men with no great financial resources, apon the subject of mines and minerals in the New Territories and adjacent islands. As a result this agreement was entered

The plaintiff's claim to a salary is based on paragraph 2 of the letter, "We under stand that you will pay

such expenses for the prospecting as you think proper and reasonable." After the signing of the agreement it is common, ground that discoveries already made by the plaintiff were disclosed and that he did for some time prospect for minerals within the area designated.

I am not quite sure if it is agreed between the parties what the words "expenses for prospecting" properly cover, but it is not disputed that they would under some circumstances have. the meaning contended by the plaintiff, eg, if A and B capitalists enter into a joint prospecting venture, an agreement by A to pay the expenses of prospecting would clearly make him liable for the salary of the prospectors Whereas in this case the agreement is between capitalists on the one part and persons who themselves. do the prospecting work on the other, the question is less simple. Prima facie 1 suppose that unless that construction was repugnant to the sense of the agreement taken as a whole that the words. cover prospecting expenses** would salary.

[Continued on page 6.)

TED

↑ Retursing via Monila,

NIPPON MARU

E. OP JAPAN JA

KONGOLIA

MONTRADLE ZOP RUSSIATM F'KONG HARUN

July: PER81A

SHINYO MARU

EL OF INDIA KOREA BAAR. CHIYO MARU.. SIBERIA

Aug OKINA LA

MANCHURIA OF JAPAN TENYO MARREY,

NILE MAS

E OF RUSSIA MONTERGLE NIPPON HARU?

Sept. MONGOLIA

8. OF INDIA 17 PERSIA SANTA

SHINYO MARU

E. OF ASIAN BO UKOZO MARUR. I KOREA

CHIYO MARUI 19

-14 June: 18 June

18

July

July

Steamere proceeding vis kasus do cot call at Shanghai,

STURGEON BRAND

REG

TRADE MARK

Going win Marsifa

(630

JOHN & E. STURGE, Ld. Birmingham (England),

PRECIPITATED

(Calo. Cars Prop) CHALK

All Grades, From Lightest to very dente, to suit all needs.

CITRIC ACID, BICARBONATE OF POTASH, ROCHELLE, SALTS, and PULV. SEIDLTZ

920

[104

HONGKONG SAVINGS BANK.

THE Business of the above Bank is con To be the HONGKONG AND SHANGHAI BANKING CORPORATION Rules may be obtained on application

INTEREST on deposita is allowed on the Minimum Monthly Balances at 81 per cent

Depositors may transfer at their option halacons of $100 or more to the Hoxazos And ShangBar Barg to be placed on FIXE DEPOSIT át 4 per cent. per annum.A)

For the HoNGLONG AND SEATOKAI

BANKING CORPORATION,

A. G. STEPHEN,

Acting Chief Manager Hongkong, 14th May, 3014

[16

APIOLINE

(CHAPOTEAUT)

SAME

LADIES DY

For functional troubles, delay, pain and those rregularities. Peculiar to. the sexONTAN

Prescribed by the highest French 31 dieal authorities and superior to Tasey, sleei Drops and Peruty toyAL- CMAPOTEAUT, 5, rue Vivienna, Paris. hald by a Chamista

103-5

[648

AND⋅ SHANGHAI

HBANKING CORPORATIONA

Paid-up Capital. Reserve Funds :--

Sterling

$15,000,000

£1,500,000 at 2/$15,000,000 Silver...

$17,650,000

$82,650,000 Beserve Liability of Proprietore $15,000,000

COURT OF Demorona."

Hon. Mr. D. LANDALF-Chairman. W. L. PATTENDEN, Esq-Deputy Chairmans, 8. II. Dodwell, Esq. F. Lieb, Esq. GT. M. Edkins, Esq. J. A. Plummer, Esq. C. 8: Gubbay, Esq.

Hon. Mr. E. Shellim, H.A. Siebe, Eq P. H. Holyoak, Esq.

Ad. Widman, Esg C. Landgraf, Esq,

CHIRF MANAGER ? Hongkong-N: J. Stans.

ACTING MANAGER :" Shanghai J. D. SMAr

LONDON BANKERS : LONDON COUNTY AND WESTMINSTE

BANK LIMITED."

HONGKONG-INTEREST ALLOWED.

On Current Account at the rate of Twa per sent. per sanam on the Daily Balanse, ON FIXES Dzzonirs..

For 5 months, 2 per cent. per Annazı For 6 months, 3 per cent. per Annum, For 19 months, 4 per cent. per Anna, AG STEPHEN,

Acting Chief Manager.

1914

110 Hongkong, 14th May, 1

MERCANTILE BANK OF

T INDIA, LIMITED

Anthorised Capital

Subscribed

Paid-up Reserve Fund

BANKREE BANK OF ENGLAND,

485,000

LONDON JOINS STODE BANK LIMITED,

INTEREST allowed on Current Ascount at 1 per cent per sanum on Daily Balaam and on Fixed Deposits at rates which may be ascertained on application.

A. B. LINTON,

ag Manager.

1288 Hoogkong, 14th July, 1913.