1915-01-26 — Page 3

GERMAN SHIP'S CARGO OF SUGAR.

THE HONGKONG DAILY PRESS, TUESDAY, JANUARY 26rn, 1915.

not acquired an English domicile, and thereby become resident and consequently become an English corporation in the INTERESTING ARGUMENT IN THE eyes of the law, the writ could not be

SUPREME COURT.

served on them under Order 0, Rule 8, which expressly dealt with the cases of corporations which were actually resident

At the Supreme Court yesterday, the Chist Justico (Bir W. Roos Davies, and domiciled in England. In Hongkong

schiffart

Govellschaft

VOIL

WAR-ZONE IN SHANTUNG PROVINCE,

CHINESE GOVERNMENT NOTIFIES POWERS OF ITS ABOLITION

JAPAN REFUSES TO KEED NOTICE

JAPAN REFUSES

The Chinese Government on the 8th instant notibed the representatives of

KUNG YIK COTTON MILL

ANNUAL MEETING.

The fifth ordinary meeting of share Holders in the Kung Yik Cotton Spinning and Weaving Co., Ltd., was held at the officea of Messrs. Jardine, Matheson & Co., Mr C. E Anton presided, and there general managers, Shanghai, last week.

were also present-Mezare, C. W. Wright

A Brooke Smith (secretary), G. P Forster, H. D. Morrison, Pan Ching-poo, CHCI Platt, H. Macphail, H. H Woods and J. P. Lowe Lennox H. J. Clark, F. J. Burrott, A.

K.C.), and Mr. Justice Gompertz heard the mere carrying on of business according Japan, Great Britain and Germany of son and Chai Lai-fong (Consulting Com- an application by Mr. Eldon Potter to the law was not considered equivalent the abolition of the war-zone in Shantu mittee), J. Kerfoot (mill superintendent), (instructed by Mr. A. H. Crew of to residence according to section 41 of the Messrs. Hastings and Hastings) for leave Cole Residence here would, however, to proceed ex parte with an application acquire domicile, but domicile of a foreign made by Sam Bro & Company, of Hong firm could not be acquired by the carrying Long, against the Flensburger Dampf on of business in the Colony through an 1869, as agent or agents. The case of Princess Follows: (1) For the return of $14,000 Clementine was on a par with Mesars, paid by the plaintiffs to Messrs. Deacon, Siemssen's case; they were agents for a Looker, Deacon & Harston on behalf of number of companies, but Mesars. the defendants to obtain the release of Stemssen employed their own staff, paid 1,169 bags of angar, the property of the their own staff, and paid for their own pisintiffs, and then on board the defen- offices. They were agents, and not, in dants steamship Serta, in the port of fact, servants of the foreign corporation. Bwatow, and which sugar the defendants Thus the service of writ, according to wrongfully refused to deliver to the plain Home law, was not good. It must be tiffs or their order. (2) For a declaration served on a representative of the com- that the defendants were not entitled to

the way through. However, he claimed The test was one of residenco all

INTIMATIONS

LANE,

CRAWFORD & Co.

JUST RECEIVED:

ANGLO-ORIENT

SEAMLESS REVERSIBLE

CARPETS AND RUGS.

TWO WEARING SURFACES INSTEAD OF ONE

IN CHARMING COLOURINGS AND DESIGNS.

THEY ARE OF

immediately sont a reply stating that its province. The Japanese Government actions would not be restricted in the least by the announcement. on the 8th instant, the Chinese Govern In this connection, the Asuhi says that, ment addressed a Note to the Japanese Tho Secretary having read the notice Minister in Peking stating that the war convening the meeting and the auditor's abolished, and demanding that in conse zone in the Shantung province had been report, quence Japanese troops in the aistrict report and accounts having been in The Chairman said Gentlemen, the should be withdrawn. When Tsingtayer hands for some time, I propose, with fell, says the paper, the Peking Govern your permission, to take them as read. ment approached the Japanese Gorera- ment with a demand for withdrawal, au: As you will have seen the profit for the Japan refused to entertain the proposal of T15 6,018 43 brought forward into the year is Thr, 150,607, and, will the amount prevailed. In the middle of December account, there is available for allocation on the ground that a state of war sti!! the Peking Government repeated the sum of Tis. 158,313,43. Last year the demand, and Japan again refused to proft amounted to Tls. 188,383.08, but priety of approaching her again en the to show so good a result, I think that on comply with it, pointing out the impro-alhough on this occasion we are unable

observed silence, but, on the 8th instant, ment of accounts shows clearly the same question within a fortnight. Since the whole there is reason to be satisfied that time the Peking Government has with what has been attained. The state-

different to English law, and that accord international custom to abruptly declare special comment, except that I may draw was financial position of the company as at It is argued as being against November 30th last, and calls for no served on the agent, but the agent could the withdrawal of the Japanese troops the year, as shown in the balance sheet, tug to Ho gkong law the writ could be the abolition of a war-zone and demand your attention to the expenditure during DURABLE AND INEXPENSIVE. not be sued. According to the Code, if without any previous negotiations. Sir for additions to property, buildings and a corporation had an office in that Colony, is reported as strongly opposed to the With regard to the amount available for

John Jordan British Minister to China, plant and machinery they could leave the writ in the office attitude of that Republic.

appropriation it is proposed, as stated in The Koksnin says the authorities of

pany.

that Hongkong law on this point was the above-mentioned declaration

made.

p to the issue of the writ in this action If a man not resident.in Hongkong had the Foreign Office are fully convinced of the report, to pay a dividend of Tls 1.20

alien or charge upon the said 1,168 bags of sugar for the payment of any sums due or alleged to be due to the defendants under a time charter party, entered into between the defendants and the Man Sang & Co. (3) Damages for wrongful deten- tion of the said 1,188 bags of sugar. -Mr. Potter, explaining the facts leading

said that Messrs. Siemssen & Co., who

pany, which Company was realdent in Germany, chartered a ship the property of the defendant Company, by name Sexta, to the further order of the Man Sang firm, which firm, in turn, sub chartered it to the plaintiff. The Man. Sang firm really did not affect the case at all.

an agent here they could serve a writ on

the necessity of adopting resolute per share. If, and when such dividend is attitude towards Chinn. Consequently paid, it will mean that since the formation

BRITISH MANUFACTURE

BOTH

WE HAVE THEM IN

SQUARES 3 by 21, 3 by 3 and 3 by 4 Yards.

were the agents for the defendant Com him by serving it on his agent. Baron Kato, Minister of Foreign Affairs of the Company four years ago share AND CORRIDOR.HEARTH SOFA.

At this poins the Chief Justice remarked will visit the Genro statesmen and with holders will have received in dividends

The plaintiffs, under their sub charter, took tho Sexta on a voyage to Samarang, and there loaded her with sugar. The ship then proceeded on her voyage to Amoy, but was held up in Swatow owing to the outbreak of wor, because the owners felt that if the ship went out of port she would be captured, The next thing that was relevant was that apparently the Man Sang firm became insolvent, and as a consequence of that insolvency

Messra. Siomsten & Co.'s gente in Swabow, acting or instruc tions from Messrs. Siemssen & Co., asked the plaintiffs to pay direct to them, under the charter, money which plaintiffs would pay in the ordinary course to the Man Sang. That procedure was, of course, quite proper, and plaintiffs acquiesced at once, and paid the money. Furthermore, the plaintiffs advanced considerable sums to the Captain of the ship at Samarang. That was not disputed. But on the 19th August plaintiffs received a further letter from the agents in Swatow. In that letter for the first time there was a claim pre- ferred against the plaintiffs for all monies due by the original charterers under their charter. It was fairly obvious that the olaim was not preferred by the owners personally, because at that time the war and it had been in existence for 10 days,

owners in was very unlikely that the Germany were able to get in communica tion with Messrs. Siemsson & Co., in Hongkong. He thought Messrs. Bienssen & Co. were acting in the ordinary way on behalf of the owners. Messrs. Siemssen & Co.'s agonts refused to give plaintiffs the sugar unless they would pay the amount they claimed against the original charter, and eventually on payment by plaintiffs of $14,000 to Messrs. Deacon, Looker, Deacon & Harston, the sugar was released. course, plaintiffs had already paid con siderable sums, and that was taken into consideration in fixing this amount of $14,000. It was in respect of that deposit of $14,000, which had been paid auder protest, and was paid in order to secure the release of the sugar, that the action was brought.

O

that he agreed with the frequent conten- tion of Sir Francis Piggott that English law was not good enough for the Courts of Hongkong.

Mr. Polter-Tho reason, I submit, is that you have not similar conditions of trading in this Colony to those which prevail in England.

The Prisne Judge-It would be much better it we had special legislation.

Mr. Peter I am submitting that we have special legislation, and that is why I am arguing the very thing which we have not got at Home.

The Chief Justice-I am not saying you do not come within the English law.

Mr. Potter-I really think we do. Counsel went on to contend that Hongkong law was entirely different to English law, and that the service was good. He was also. going to say that according to English law also the service was good.

The Chief Justice remarked that the case was an important one, and they were prepared to hear Mr. Potter at length. They did not want to go against Mesars, Siemssen without having heard, every argument, because there might be no remedy if Messrs. Siemssen were of the opinion that their finding was wrong.

Mr. Potter, on this point, contended that after the war Messrs. Siemssen could come back to the Court and ask for leave.

them discuss the question, and a Cabinet on the share capital as rer cent., which Council will shortly be called to decide think will be recognized as affording a on the policy to be adopted be the very fair average return on their invest- Japanese Government vis-à-vis the ment. Further, it is proposed to write off subject-Japan Gazette.

for depreciation Tis. 12,000 on buildings and Th. 30,000 on plant and machinery. These Bams are somewhat larger than those provided last year, and this is due

ROYAL HONGKONG YACIT CLUB.

AND BEDSIDE RUGS,

COLOURED LITHOS ON APPLICATION.

to the additions to our properties which LANE,

I have already referred to. I need not enlarge on the necessity for providing The fifth Club Championship races for yearly adequate provision for deprecia- the Handicap and One Design Classes tion, as you no doubt readily realize that were sailed of on Saturday, 23rd instance, as a me

is is called for as a matter of sound

from North to East during the afternoon. The wind was somewhat flukey, veering

Details:-

HANDICAP CLASS.

Course: Kowloon Rock (8), Mark Buoy Quarry Bay (8), Meyers East Buoy (5), Kowloon Rock (5), Mark Buoy Quarry Bay (8). Distance 101 miles-

H'cap on Finishing Corrected

Course. Time Time

Name.

Dione

La Linda Rolla

Kathleen Colleen Dorothea Ayesha.... Position,

M. §. 2. 3. 8. 1.35. 8. Scratch 5 1 18 5 1 18- 9 26 4 59 614 53-26: 825 D:N.S:

050 5 16 18 5 00:23

- 0 £0 6 33 31 6 29 41-

(1) La Linda

IL 67 6:10 J24:58:15

10 15 545 20 5:30:05

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of Ts. 20,000 to equalization of dividends Now we come to the proposed transfer

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good years, but at the same time we must not ignore the possibility of lean years also, and, that being so, I cannot too strongly recommend the increase of our reserves to an extent which will be a help Simplicity, Compactness, Durability, Portability. Weight 16 he, in leather travelling case 21 lbs

to as in times of bad trade. The bonus it is proposed to pay to the mill staff amounts to Tls. 1,700 as against Els; 1;500 last year, the increase recommended being due to the greater European supervision. While on this subject, I would like to mention. that thanks are due to our mill super- intendent. Mr. Kerfoot, and staff, who

Pts for rece Pts. to Date,hare carried on their duties satisfactorily,

-28

(2) Dorothea

20

(S) Dione

32

(4) Kathleen 4. (5) Colleen (6) Ayesha

16:

28 13

·Rolle

The year's trading has from time to time varied considerably as regards the demand for our productions and also in respect to prices, but on the whole the off-take was good, although the margins of profit we had to be content with left, in many cases, much to be denred. We experienced during part of the summer a shortage of labour, and having regard to the increasing number of spindles and

to have the judgment set aside; and, on ternis, they would no doubt get the order, If they came along represented by Counsel at the end of the war, and Counsel satis fed their lordships that his (Mr. Potter's) contentions were wrong in law, then their lordships would have full power to grant are-hearing of the whole case, and on any Buoy (5), Channel Bank (S), Mark Buoy coms in and round Shanghai there is terms which they liked

Course: Channel Rock (P), Cust Rock Quarry Bay (6). Distance 3.8 miles

The Puisne Judge-The plaintiffs may or may not be here at the end of the war. Mr. Potter said, he thought they were more likely to be still in the Colony when war was over. It was a good substantial arm, and they felt they were rather put were not pressing it. It was a great hard in a corner by the point; though they ship on them that they should be owed 814,000 for a long time,

The Chief Justice-It simply comes to this, I think We are bound by the facts given by you unless we can confirm the allegations contained in their solicitors letters,

And you contend that, on the facts put forward by you, there is ample authority in English Inw to do what you ask?

Mr. Potter-That is so, my lord. The hearing was adjourned until this morning.

HIGH SHIPPING FREIGHTS.

All records" are believed to have been broken by the high shipping freights paid on the Baltic on December 18th. Mr. Potter went on to point out that From the United States came an urgent Messrs. Deacon, Looker, Deacon & Hars demand for tonnage to bring the cotton ton had made a certain communication to crop to Europe, and both the North and the Court on the matter of the action, but South Americas called for ships to load he submitted that, as they were not able their wheat exports, ships to accept a writ on behalf of the defen dants, they had no jurisdiction either to address the Court or to negotiate with the plaintif, and they should not really have asked as they had done. Counsel

:

the insistent demand was for smaller than The amount of tonnage available to mest before the war broke out, owing to large numbers of British steamers being in the direct service of the States, and German ̈ boats no longer available. Almost every day has seen a further strengthening of

the market

Name.

Ailsa Bonita

Daphne

Halcyon Alanah

ONE DESIGN CLASS.

Position. (1) Daphine (2) Ailsa (3) Allanas Halcyon -Bonila

ETC. ETC,

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The Hemington JUNIOR" is

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Scratch

4. 48 59. D.N.S. 4. 43 50 D.N.6 453 GI Pts, for race Pte. to Date,

12

18

18

11

CRUISER” CHAMPIONSHIP RACE,

sailed on Sunday, 17th instant, resulted as The Second Cruiser Championship race

under.

Course Datum Rock (P), Mark Boat off N. W. point Lamma (P), Green Island (5), Distance 165 miles:

cap on Finishing Corrected Name

Course. Time. Time.

Mirando Scratch 2:38 49 - 2:38 49 Oneono"...D 132 3-00 05:12 58 33 Saipe

01-32 D.N.S. Queen Bee09 15 243 02 2.93 47 Frene: .......0 18.30 D.N.S. Erin

0 18 30 DN.SE Iris

0 18 30 D.N.S. Scotengden 0 37 00 2 57 05 2 20 05 Dorothy II 0.37 00 DNS. Tuttan

1 14:00 DN.S. Flora

Position. (1) Flora (2) Scatengden (3) Queen Bee (4) Miranda (5) Oreone

1 32 30 3 19 14 2 16 44 Pts. for race Pts. to Date,

19

Erin Irene Iris ... Tuttas Snipe Dorothy H....

0

·12.9-

සපස පළප මු

their factories running.

There has been a sufficient supply of China cotton of about average quality, and in this connection I refer, as I did at last year's meeting, to the excellent work of the Cotton Anti-Adulteration Association. As you have probably already heard, steps have been taken by the Association to start an experimental cotton farm with a view to an improve ment in cotton cultivation methods in this country, and it is to be hoped that this! new undertaking on the part of the it deserves Association may be attended by the success

During the year 100 looms were added to our weaving plant, and in the spinning mill several additions and improvements have been made. The buildings also have been extended and improved, and the whole mill compares favourably with what it was a year ago. Owing to insufficient. pressure so far out as Jessfield, our water supply has become inadequate, and I regret to say that the result has been the partial loss to the mill of the insurance allowance, for sprinklers and fire appli ances. It is hoped, however, that this will be remedied at no distant date.

With regard to the future, it is perhaps no advisable to make any forecast, but I may say that our New Year commenced with yarn in good request. Our cloth is, however, not going off so well as we would like to see, and this, to a considerable extent, is due to the shortage of aniline dyes which have risen to almost pro- hibitive prices. ORGAN

There were no questions, and the Chair- man moved the adoption of the report and accounts, as presented. This was seconded by Mr. Wrightson, and carried.

also

then dealt with the different application A British steamer was chartered on of Home law and Hongkong law in December 18th to bring grain from the

The following resolutions were relation to the case. According to English Plata to the United Kingdoni at 40s. per ton-a rate which compares with 12s. 6d.

passed unanimously p law, for which the case of Princess accepted in the summer.

In normal

That & bonus to the staff, amounting to. 11. 1,700, be paid-Proposed by the Clementine of Belgium was relled upon, times owners considered us an excellent rate. Italian charterers had to pay 425.,

Chairman, and seconded by Mr. Platt Mr. Potter pointed out that an agent and gladly gave guarantees that the whent The Sultan of Turkey, in his speech et That a dividend of Tis. 1.20 per share arting for å foreign corporation could should not be re-exported from the count the aponing of the Turkish Parliament, for last year, be paid proposed by the not be served with a writ against the try. The record rate of 955. per ton declared that when Turkey was firmly Chairman, and seconded by Mr. Clark

was paid for steamers to bring cotton

That Messrs. C. E. Ant, C. W. corporation. Such a writ had to be from Savannah to Liverpool.

observing the strictest neutrality, the served on a representative of the com- All these extraordinary good freights Russians attacked her Black Bea fleet, and Wrightson and Chai Lai-fong be re-elected

are earned by the owners of tramp England and France sent troops to her members of the Consulting Committe pany. Before a foreign corporation steamers, who, when times were had borders. She was therefore compelled to Pronosed by Mr. Burrett, and seconded could be served with a writ in England the depression must. The past policy of go to wor. The Sultan added that he was by Mr. J. P. Lowes they had to have acquired an English these owners in perpetually laying down convinced that Turker would add frook That Mr. G. R. Wingrove he re-elected domicile. If a foreign corporation had more ships has now through the war been victories to thoses gained by the glorious Auditor. Pronosed by Mr. Woods, and

amply justified.

German and Austrian armies," seconded by Mr. Barrett.

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