1921-09-01 — Page 3

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COMPANY MEETING. HONGKONG HOTEL CO., LTD.

'

The third extraordinary general meet- Sug in connection with the increase of -capital of the Hongkong Hotel Company prar held at the Hotel, yesterday,' ab

THE HONGKONG DAILY PRESS, THURSDAY, SEPTEMBER les, 1991,

LOCAL MILK DEALERS,

PROSEQUTIONS BY SANITARY. AUTHORITY,

나

A SKELETON » FIRMA ITS RIGHT TO SUE AND BE SUED.

.**

moon. Mr. J. Scott Earston (Chairman) presided and there were also present B Paul Chater, C.M.G., Sir Elli staner and quality demandled by the pur-mises to which he intended to go did not

ALLEGED HIDING PLACE FOR CONTRABAND.

L OPIUM AND A REVOLVER, "Mr. M. K. Lo represented the plaintiff, and Mr. F. E Nash the defendant in

A Filipino named Jose de Castro, who A Chinese dairykeeper named Chan Rents Ordinance case before the Puisne described himself as an eye specialist, Pak Shan, of No. 53, Aberdeen Street, Judge (Afr. J. R. Woud), in the Summary living at No. 18, Wellington Street, first was summoned before Mr. R. E, Lindsell, Court, yesterday afternoon

In this case, the tenant had given noticnoor, was charged before Mr G. N. at the Magistracy, on Tuesday afternoon, to quit, but he had remained in possese, yesterday morning, with the un- pared non-Government ophim, ODA for selling milk not of the nature, sub-sion because, when the Bebts Ordiance lawful possession of seven taels of pre- came into force. the tenant of the pre-

Astra" revolver, nad 19 rounds of ammbuition. vacate. The landlord sought to enforce

Chief Preventive Officer Watt said that Dr. W. W. Has Medical Officer of the removal of his tenant (the defendant

premises bad beer ler to a arm and that night, to search for contraband: In the therefore the landlord was under a legal front part of the floor, over the staircase, he discovered a secret recess in the ecution. Mr. WB. Hind defended.".

Dr. Pearse said that the Government obligation to the intending tenant.

Nash submitted that the contract wooden partition extending on to the TE. Van Eps. Ho Kom Tong, and E. A. analyst's certificate showed that four per was not enforcible. Under Section 4 of flour, above. The partition had false sides The MANAGER read the portion of the milk. This percentage was very small. Late Frauds: (Woodfall on and top. In the top part of the parti-

chaser.

In

"Dajgart (manager and secretary), Rev, Health,"conducted, the case for the pro-action) on the ground that the he visited the flat at 10.30, on Tuesday

doorie, Mr. C. Montague Ede, and Mr. EA. M. Williams (directors), Mr. J. H. Robert, the Hon. Mr. Ho Fook, cars. E. M. Raymond, Fung Tat Hang,

Bam (shareholders). convening notice concerned with this meeting.

cent of water had been added to the

hotte.

the

tica..

The defendant said that he knew that as it was not found in his box. nothing about the contraband. He said drawer or bed, he could not accept that it was in his possession; He, said he did recess in the partition. The packets not know of the existence of the secret

He had lived in the for some time. were dusty and must have been hidden house five months, only, and could pro- duce che landlords rent receipts to prove his statement.

The revolves, which bore the name of a Spanish firm, was handed to the defen .dant, with a request by the Magistrate' to translate it. While admitting that he understood Spanish. the defendant said that he was anable to translate the in- scriptions into English, because he was not acquainted with firearms.

afid Tenant, 90) a contracttion he found the contraband. The paper of this kind must be in writing.

The Judge: Do you mean to say you in which they were wrapped was covered with dust, and gave the impression that an enforcible monthly and, at Brat sight, it would appear that no man would bother to add sach a cannot have

the contraband had been hidden for a small quantity, The analyst's report, tenancy, unless it is in writing.

long time. there is posses- inless that part of the notice which has just felth authorities required three per writing herd that a defence ander The CHAIRMAN said:-As indicated in however, was based on the local stand-Mr.reement to let must be in

ard of milk, which was very low. The 'sion

for however short a time." been read by the Company's Manager, vent. of fat and 8.3 per cent of solide this meeting has been convened for the This standard was recognised as very the Statute of Frauds could only be purpose of receiving a report of the pro- low in other parts of the world, but the raised after 24 hours notice to, the other "ceedings at the second extraordinary Hongkong Government declined to raise side, but the Judge overruled the objec- Mr. Nash also submitted that, as the general meeting of this Company, held on to coafurm with the standard at the 13th instant, in so far as regards the

Dr. Peare added that it was quite new tenant to whom the landlord had into existence the contract was not en- resolutions Nos. 3, 4 and 5 set out in the reasonable for the Hongkong Governt was a firm which had not yet come notice convening such second extraordinat to decline to raise it because of forcible (Laws of England. Vol. VII,

the Goverument insisted on

to condemn 8.970). higher! p.

The memorandum must the parties in such a manner ary general meeting, which were passed; a extraordinary resolutions at that meet a great deal of wholesome food which, at that there can be no dispute as to who

Mr. Nash also said that ing, and of confirming. if thought fit. the present time, could be used. Know they are." uch resolutions as special elutions.ing that the local standard was low the firm could not take a lease in its o

Health Department had determined to name (Lindley on Partnerships) Those resolutions, as you will remember. take action even if a very small

диап

The Judge: We have special provision, tity of water was shown by the analyst's here, for Chinese Arms

iu this Colony it was a (1.)-The division of each of the exist certificate.

practice for Chinese dairy ing 10.000 fully paid up shares of 850 common each constituting the Company's pre-keepers to stock buffaloes, the milk of seat capital of $1,000,000 into five fully which was much richer in fat than that paid up shares of 810 each so as to make of urdinary cows. It was possible that such capital $1.000.000- consisting of if buffaloes' milk was mixed with ardi- 100.000 fully paid up shares of 810 each. nary cow's milk a good deal of water cient

(2) The nosequent increase of the could be added to it and the dairy Company's capital from $1,000,000 con-keepers could still maintain a standard, sisting as aforesaid to $2.300,000 divid. which would show, on the Government ad into 250.000 shares of $10 each by the analyst's certificate, that the milk was creation of 180,000, new shares of 310 good milk. The water added to the milk rach to be issued as indicated in the might be dirty, and from the bacterio- resolution No. 4 set out in the said logist's point of view even a

quantity of contaminated. extremely dangerous.

concerned :---

notice.

(3.)-The capitalisation of the sum of 81.000,000 being part of the undivided

minute water was

Inspector Watson deposed to buying three bottles of fresh cow's milk at No. 55; Aberdeen Street, for the purpose of taking a sample.

The plaintiff, who had been sent to get a memorandum of agreement with his new tenant, now brought the dorn- men into court. After examining it. the Judge asked Mr. Nash," Are you prepared to argue that this is not suffi Mr. Nash said he was; it was insuffi cient becans one of the parties, not being The Judge: It has not get to be signed in existence, could not sign. by both parties, but by the party charged. The party charged. for our purpose, is the present plaintiff. Why is it not suffi

cientl

M. Nash: Because it is not clear who the other party is

The Magistrate remanded the case until Saturday in order that Inspector Watt The defendant was allowed "bait in the might make inquiries about the revolver. sum of $500. Yesterday afternoon Mr. Orme visited the premises in order to see the "secret recess.

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SHARP SENTENCE:' PROCEEDINGS IN MACAO. The Judge said there was a special pro-

Carlos José Sequeira appeared before profits of the Company standing to the

vision in the code giving a firm the right

Admittedly Chief Justice Moncada, at the Judicial credit of its general reserve, such

to sue in their own name. this WAR skeleton firm at present and Tribunal in Macao, this week, capitulisation to be effected upon the

Mr. Hind asserted that his elent used only a small proportion of the capital charge of forgery lines indiented in the resolution No. 5

the shed in conjunction with another had been subscribed. The contract had The defendant was a book-keeper in set out in the said notice. Your will recollect that, at the second maff. His defence was that the inferior been made by the persons who had the Hongkong branch. in Pedder Street, extraordinary general meeting, I dealt at quality of the milk was not due to already entered the firm, in the capacity of the North West Trading Co., Ltd., some length with the reasons which adulteration, but to the interior quality of trustees for the persons whom they and it was alleged that he forged the His signature of the manager of the branch In this Lordship decided that in order must be to 34 cheques, himself on t actuated your Directors in bringing for of the grass with which the cows were intended to invite to join them. ward the three resolutions in question, fed at this time of the year.

Sequeira Mr. Nash asked for three months sus 31st, 1920, on which date suspicions were and I do not consider it necessary to deal connection Mr. Hind suggested that be made for possession. further therewith now. except to remark fore the case continued a proper test be

made under the supervision of the Gov. Pension or the ground of hardship, and first aroused, and rewards for informa tion lending to his arrest have been that at the second extraordinary

Subsequent investiga Ternment analyst and an independent mentioned that the reason the tenants nblished: meeting in question the

Feferred to were pas e above

extraordinary resolutions, and that was prepared to subject the milk of his that the enormous increase of a hundred tions revealed a number of forgeries of

per cent, in the rent had been demanded, the manager's signature as companies

with the provisions of whole herd to examination by analysts.

In giving judgment, His Lordship said cheques and the omission to enter them Ordinance, it The Magistrate said the request seemed the only legal defence raised by the defen in the Company's books. Hongkong Ch the is necessary that such resolutions shall be reasonable.

dants was that the contract entered into were all made payable to "Sequeira.. confirmed as special resolutions, and I Dr Pearse objected and drew his accordingly beg to propose the confirma Worship's attention to the fact that point he bad heard evidence and he cases, bore different amounts from those tion as a special resolution of the first of defendant was given one bottle of milk found that the agreement for a lease which appeared on the cheques them- the said three resolutions, namely:- by Inspector Watson. He should have between the parties was sufficient and selves, and names of persons other than (3.)-That each of the existing 20,000 had it analysed by an independent valid. The defence therefore failed, and Sequira. In other cases--the majority fully paid up shares of 350 each con analyst. if he had not taken advantage judgment was entered for the plaintiff stituting the Company's present capital of it, 21 was his own fault,

with costs, the order for possession to be Dr. Pearse, to prove that defendant suspended for one month." of $1,000,000 le divided into & fully paid up shares of $10 each so as to make such reared buffaloes in his cowshed," called capital $1,000,000 consisting of 100,000 Sanitary Inspector James, fully paid up shares of $10 each.

Reid said he visited a cowshed said to be The Rev. Father Rower secondled the owned by defendant, but he could not resolution, which

carried unani-speak us to buffaloes. mously.

ed as

in order to

Was

The CHAIRMAN: I now beg to propose the confirmation as a special resolution of the second of the said three resolutions, namely: —

Inspector

Dr. Pearse, therefore, based his case on the Government analyst's report on the milk.

ibat

DWELLING OR" GODOWN? QUESTION OF SEPARATE TENANCY.

These

the counterfoils had been cancelled. The total amount involved in the charges was $11,900.

Sequeira, who claims to be a Portu- gucse subject, was arrested by the police" Pit Macao.

A number of witness from Bongkong attended; the Procurator of Macao con- ducted the case "for the prosecution, and Mr. T. M. Mr. H. Nolasco defended. Hazlerigg (Assistant Crown Solicitor) watched the proceedings on behalf of the Hongkong Government.

A claim to recover possession of the Mr. Hind having admitted the report ground flour of premises situated i and declared that he had no questions Pottinger Street, and at present occupied

The Chief Justics sentenced the defen (4)-That after the division afore to ask Mr. Dovey, Dr. Pearse submitted by the Cheung Hing firm, was heard bes said, the capital of the Company be that defendant's admission of the Gov-fore the Puisne Judge (Mr. JR. Wood),

"tant in the Summary Court, yesterday morn- dant to six years' imprisonment at increased from $1,000,000, consisting as ernment analyst's report was aforesaid to 8,600,000 divided into amount to a confession that four pering. The writ set out that the premises Timor, telling him, that, but for extenuat 250.000 shares of 810 each by the crea cent, of water had been added to the in question were used as a godown and ing circumstances, the sentence, would

not as a domestic tenement within the have been one of twelve years. tion of 150,000 new shares of $10 each-milk.

The sentence does not begin to an such new shares (subject as hereinafter Mr. Hind submitted that the analyst's meaning of the Rents Ordinance.

For the plaintiff. Wong Tsai, Mr. F. E. until it has been confirmed by the Partn mentioned) to be issued at such time certificate was bad because the law re or times and on such terms and condi- quired the analyst to report whether Nash appeared and the claim was upposguese authorities at Goa. tions in every respect as the Company's any change had taken place in the cone on behalf of the defendants by Mr. Board of Directors may think 6t

stitution of the milk which would affect. K. Lo. The Hon. Mr. Ho Foox seconded the the analysis. esolution, which was carried.

The CHAIRMAN: I now beg to propose the confirmation as a special resolution of the third of the said three resolutions, namely:

Dr. Pearce: The Government analyst is here. He can be called to the witness box now,

2

Mr. Hind: You can't do it. You have closed your case.

In reply to the Magistrate, M: Bind said that it had been held at home that this report was necessary.

The

Mr.. Lindsell, to Dr. Peaches analyst's certificate is not complete

Dr. Pearse: Very good. I consider

Yesterday morning, the proprietor

-of

He was

The first floor of the same building is also occupied by the defendants and at the outset it was agreed that this por tion of the premises was a domestic tene- ment within ne meaning of the Ordin- ance. The issue was as to whether the two floors were let under a single ten- fancy, or separately, and Mr. Nash under. touk fo call evidence to prove that the latter was the case.

In the witness box the plaintiff stated that the ground floor was let first at a rental of 260, and the first flor later at a rental of 8:0..

Mr. Lu, however, was able to produce rent receipts showing that both doors were let together at a rental of 280 and the Judge decided that the claim should be dismissed.

(5.)-That it is desirable to capitalise the sum of $1,000,000 being part of the undivided profits of the Company stand- ing to the credit of the general reserve, and accordingly that for the purpose of effecting such capitalisation such sum of $1,000,000 be distributed a bonus among I have won my case, the shareholders of the Company in pro- Mr. Lindsell: Perhaps you have won portion to the shares in the Company's a moral victory! I am afraid I have no! present capital of $1,000,000, held hy option but to discharge defendant." them respectively on the date herein. The case was accordingly dismissed, after referred to, and that a bonus be declared accordingly. And further that

His Honour held that the two floors the Company's Board of Directors be a milk depot at No. 97, Queen's Road and they are bereby authorised to East, was summoned for selling skim- constituted a domestic tenement and that satisfy such bonus as far as possible by med milk on which had not been pasted any claim for possession must therefore the distribution in manner aforesaid of a label in Chiflete to the effect that it be brought under the Rents Ordinance. 100,000 sharca of $10 each credited a should not be given to babies under 1 The present application had been made outside the provisions of the Ordinance fully paid up among the person's who are registered as the holders of the year of age...

The defendant said that he did not And must therefore fail sbares constituting the Company's pre-

Judgment was given for the defendants sent capital of $1,000,000 on such date know that it was necessary. as the Company's Board of Directors ignorant of regulations.

The Magistrate said. that ignorance shall decide such last mentioned shares to rank pari passu with the shares con was no excuse, If the defendant chose to stituting the Company's present capital deal is milk, it was his business to make of $1,000,000 in respect of all profits of himself acquainted with regulations re the Company earned since the 31nt, lating to it. If he did not want to bother December, 1920, and such distribution to to look up the law, he had only himself bo in satisfaction of the aforemention to blame. ed bonus.

Inspector Brower said that when he Mr. Ho KOM TONG seconded the resolu- visited the shop on his way to the Court he noticed that all the bottles of skim- tion, which was carried unanimously.

med milk were. labelled. He wondered The CHAIRMAN: Gentlemen, that com cludes the business for which this meeting where the defondant got the labels from.

A 5pe of 80 was imposed. -was-convened, and I thank you for your attendance. There are certain farther

A third dairyman was hocd 25 for a stope to be taken by your Board of Directors in connection with be. Vous similar offence. He also entered a plea mattera mentioned in the said notice and of ignorance, joka ke which have been the subject of the three The Magistrate, remarked that there was extraordinary general mestinge, and these no excuse for ignorance as the regula will be attended to in do pogryn,

tions were given in Chiness.

with costs,

BANK ROBBERIES.

SPORT.

WATER POLO,

UNITED .R.GA,

The following will represent the United in the above. League Water-palo, match. to-day, at 5.15 p.m.-4. E. Simmons, W. Gerrard, J. Rodger, J. C. Finch, D. Laing, C. R. Logan and J. Leonard.

GARRISON AQUATIC SPORTS.

The Garrison Aquatic Sports will be held at the V.R.C., by kind permission; on Wednesday, September 21st.

The quarter mile race is open to the Colony.

FIRE IN YAUMATI.

In a storm of wind and rein the noisiest are engine Kowloon possesses tore down Natbaa Road, at three o'clock, yester day morning, awakening the whole neigh- bourhood, on its way to a fire at Yaumati. The place involved was No. 76, Reclamation Street, occupied by the On the 22nd of July notes of the Cheng Chun Yuen, wine and medicine The outbreak was discovered by Banque l'Indo-Chine to. the value of shop. 8500,000 were stolen from the Amirul the cook. He gave the alarm, and the Fourichon in Saigon harbour. The inmates were able to cetape with some of were part of a consignment of unissued their property. The strong wind render notes for Haiphong, and naturally the ed the task of the Fire Brigade a difficult thieves had no chance. Within an hour one and it was an hour before the flames or so some of the notes were presented at were extinguished. The fire was confined the Baigon office of the Bank to be to the first floor, thanks to the hard work changed into smaller denominations of the Bremen. they were all notes of 8:00. The cashier recognised that they were part of a series Damage was done to the extent of The shop is insured with the totalling two millions and a half the Motor Union Insurance Company and the arriving from France and not yet issued; and he promptly sent, for the police. By Shanghai Fire and Marine Insurance the end of the month most of those con Company. The cause of the outbreak is cerned were under arrest.

87.000.

unknown.

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