A
Intimations.
DR. FENWICK'S FOOD
POR
THE HONGKONG TELEGRAPH, MONDAY, APRIL 2, 1894.
Intimrations.
to be deterred by the lowness of price from trying them all. For a soda-whisky, Thorne's Blend and Watson's Glenorchy are equal to say. NURSING MOTHERS AND INFANTS Abeloar-Glenlivet is a very old Feat Whisky, that could not be replaced in stock at the price. D and E are too well known to need comment. IRISH-
For down Cam
ALSO FOR
DYSPEPTICS AND INVALIDS.
is specially recommended as an articla of.
ITi
dlet for NURSING MOTHERS as it w}} rengthen and anpport them and at the same
A John Jameson's Old, Green
Capsulo
B John Jameson's Fine Old,
Green Capsule
1
$12.00
15.000
C John Jameson's Very Fine
Old, Green Capsule......... 18.00 All these are very fine and old. C has been stocked in Hongkong in word for 30 years,
VLADIVOSTOCK has now had a four days' thaw | THE German gunboat 7//is returned to Shang- -the first since winter set in. The thermometer hai from the Yang'sa posts on the 28th alto. to-day registers 19 there,
AROUSE-ROY, recently in the employ of Governor the number of visitors to the City Robinson, was arrested by Inspector Quiucer THE returns Hall Museum for the week ended April yet at his private residence in Third Street this are Europeans, 167; Chinese, 1,811; total morning owing to some knives, bed wheels, and napkins, all bearing the V.R., and broad arrow 1,978.
brand, being found in his possession. He pleaded guilty before Mr. Wodehouse this morning, and as he seems to have a great fancy for the brand arrow he will bear that mark of distinction on bls. manly breast for three calendar months,
WE are informed by the Agent of the Messageries Maritimes Co. that the steamer Yarra, with the next French mail, left Saigon the this port at x p.m. yesterday,
THE Chinese men-of-war Ting-yuen, Chen-yuen, King-yuen, Lol-yuan, of the Pelynng squadros, returned to-day from their cruise in the Straits. The Chi-yuen is still in Java waters. D'ARC'S MARIONETTES are playing to crowded houses in Shanghal, the performances being enthusiastically received by the audiences and Par daran Cam highly praised by the local prest.
time enrich the Natural Milk and increase the there being little sale for Irish Whisky in the
Supply.
INFANTS FED on this Food put on flesh rapidly.
Is two and sixpenny and one and sixpenny bottles at $1.10 and 70 Cents
AGENTS IN HONGKONG :
DAKIN, CRUICKSHANK & COMPANY, LIMITED, VICTORIA DISPENSARY, Hongkong, 11th January, 1894.
A. S. WATSON & CO., LIMITED.
Colony. AMERICAN-
Genuine Bourbon Whisky, Fine Old, Red Capsule, with our Name and Trade unkavseuws-ག་་ང་
$11.00 Sample bottles and smaller quantities will be supolled at proportionate wholesale rates.
We only guarantee our Wines and Spirits to be genuine when bought direct from us in the Colony, or from our authorised Agents at the Coast Ports,
136
A
WINES AND SPIRITS.
.
On and after the 1st April, 1894, the Prices of our WINES and SPIRITS will be as follows:-
PORT.
(For Invalids and general Use.)
B Vintage, superior quality, Red
Capsule
Per doan Case,
$1440
C Fine Old Vintage, superior quality, Black Seal Capsule
16.20
D Very Fine Old Vintage, exira
Enterior, Violet Capsule
(Old Bottled).....................
20.40
Pert after removal should be rested for a month
before use. Wine required for drinking at once
GIN.
For dexes Cam. Fine Old Tom, White Capsule $7.20 B Fine Unsweetened, White
Capsule
1:00
RUM.
Fluest OldJamaica, Violet
Capsule ...................................
Good Leeward leland .......
$15.00
$150.00
Good Leeward Island...8a.ço per Gallon, Sample bottles and smaller quantities will be
supplied at proportionate wholesale rates,
We only guarantee our Wines and Spirits to be genuine when bought direct from us to the Colony, or from our authorised Agents at the
LIQUEURS.
Coast Ports.
Benedictine, Curaçao, Chartreuse,
Maraschino, Heerlog's Cherry Cordial, Dr. Sieger's Angostura
Bittera, &c,
PRICES ON APPLICATION.
should be ordered to be decanted at the Dispen A. S. WATSON & CO., LD,
sary before sent out. These wines are too well known to need comment.
Sample bottles and smaller quantities will be supplied at proportionate wholesale rates,
We only guarantee our Wines and Spirits to be genuine when haught, direct from us in the Colony or from our authorized-Agents-at-the Coast Ports.
SHERRY.
Per darm Case. B Supeilor Pale Dry, dinner
wine, Green Seal Capsule. $10,80
G Marzanilla. Pale Natural,
CC Superlar
Sherry, White Capsule ... Old DIT, Palo
13.00
Natural Sherry, Red Seal Captule
11.00
D Very Superior Old Pale Dry, chaice Old Wine, While Seal Capsule.nation
14.40
E Extra Superior Old Pale Dry,
very finest quality. Blick- ScalCapsule (Old Bottled)
20.40
B. C, and CC are excellent dinner wines or
HONGKONG DISPENSARY. Hongkong, 30th March, 1894.
MARRIAGES.
|
THERE were no fewer than five fires at Weschow on the arst March. Over forty houses were destroyed and a large number of people rendered homeless, but fortunately no lives were lost, "HER Majesty bas 'graciously' approved of the appointment of the Han, C. P. Chater as an unofficial member of the Legislative Council of Hongkong," says the Government Gazzila of March 31st.
In the Chinese vernacular press may be relied on, a mist will sharily be established in Shang- bal, at the lastance of the Director of the Klaag nan Arsenal und under the direction of Nanking official,
It la notified to Saturday's Goreffe that the Officer Administering the Government has been pleased to recognise Mr. Shigeki Somers as in charge of the Japanese Consulate at this post, during the temporary absence of the Consal for Тарад.
A NEW TUGBOAT, the Złkowe, is shostly expected in Shanghai from England. The Zitowed is a steel bost, 120 ft. long with 20 ft. beam, and 10 ft. depth of hold, and was built in 1989 Her ballers have a working pressure of 110 lbs, which should give her power enough for anything.
Our Shanghai Chinese contemporary the Hufao says that the younger brother of the famous Shear, Tactal, lately lost over taels 12,000 gambling with a Chinese military officer at Tiantais. And not having the shekels to 'ante up, the noble Celestial performed the Vanishing -Act, stering a couse due south.
Is
Fax selling spirituous liquor without a licence At Shanghai, on Tuesday, 27th March, at : yesterday Madam Adellaa George, hostess of HI, German Majesty's Consulate Generat, by Graham Street coffee palace, war to-day fined Dr. Eiswalde, and afterwards at the Ualon So by Mr. Wodehouse, before whom Detective Charch, by the Rev. Dr. Faber, Fastor PAUL Holt proved the case up to the hilt. The good KRANZ, to EMMA ALGAR
lady smiled when she heard the magisterial. On the 28th March, at H.B.M. Consulate decision and gracefully hauled a healthy looking General, and afterwards at Holy Trinity Cathe-roll of bank notes out of her right boot and dral, Shanghai, by the Rev. FL C.Hodges, M.A.,anted-up' like a man 】 WILLIAM PEARCE BROWN, Chinese Imperial Maritime Customs Service, to EDITH CHAR- LOTTE, youngest daughter of Charles Hanry Smith, of Fulham, Middlesex, England.
BIRTH.
At No. 1, Albany Gardens, Shanghal, on the 28th March, the wife of F. F. FERRIS, of a son.
DEATH.
On March 25th, at No. 26, Seltlement, Yokohama, MARIE LOUISE, the beloved wife of
fox invalds and delicate stomachs. D and Ey, BILLFELD, Yokohama, aged 38 years.
are after dinner wines of a very superior vintage, Ail are true Xerer wines.
Sample bottles and smaller quan`itles will be upled at proporitonate wholesale rates,
We only guarante our Wines and Spirits to be genuine when bought direct from as in the Colony, or from oor authorised Agents at the Coast Ports.
CLARE T.
B St. Estephe, Red Capsule......
C St. Jullen, Red Capsule...
D La Ree, Red Capsule...
Sainte Foy...
Cosaze
Per Per Сая
dos dos. Quaite, Pla
6.96 7.56
9.00 9.60
1296 13.93 720 7.91
- 9.60 10.44
Château d'Anglade unio. 13.20 1440 C14'cay Hout Bilǝn Larrivet 18.60 29.20 Cheat Mouton d'Armail-
baiq......
ht
honghong Teleguaph.
HONGKONG, MONDAY, APRIL 24, 1894.
TELEGRAMS.
SIAM
LONDON, March 30th 1894-` Sir Richard Temple, member for Kingston, asked when the papers relating to Slam would be put before the House Sir Edward Grey ..................... 21.00 22.20 | (Parliamentary Secretary to the Forelga Ožice), Our Clarcia, including the lowest priced, are in replying, said the production of the papers gaaranteed to be the genulae product of the had been delayed because an immediate settle. jaice of the grape, and are not artificially randa from raisins and currants, as is generally the ment between France and Slam was expected,
case with cheap wines.
Sample, bottles and smaller quantities will be supplied at proportionale wholesale rates.
We only guarantee our Wines and Spirits to be genuine when bought direct from us in the Colony, ar from our authorised Agents at the
Coast Ports,"
HOCK.
Ter Fer Case CKLA s dos, dan, Quart Plats. Nierstelse være......$12.00 — Rudesheimer................................. 21.00 - Hockheimer ................................ 2400
BURGUNDY, · Chablis, white wioc.......... 13:00 - Meursault, superior white wine 18.00 - Volnay, very superior red wina 21.00 23.20
MADEIRA AND CHAMPAGNE. Full particulars of the various' Brands on application. BRAND Y
A Hennessy's Old Pale, Red
Capsule
B Superler Very Old Cognac, Red Capsule.trate
Pardoren Case.
$14 40
C Very Old Liqueur Cognsc...
16.00 10.40
D Hendey's Finest Very Old
Liqueur Cognac, 1872 Vin
tae, Red Capsule
Finest Very Old Liqueur Cognac, 1862 Viotage......
36.00
48.00
THE P. & O. Co's steamer Gwalior, which arrived here from Bombay on Saturday, is bound for Kobe, where she will, we understand, be purchased by the Japanese firm that recently ought the same Co.'s steamer Teheran. The Gwaller is an iron screw steamer of 1603 tons reglater, 500 horse-power nominal, and was built by Danny Bros. of Dumbarton in 1873.
LAST Saturday evening Water Police Constable Papper seized four chests of Patna opium, valued at about $1,500, on board a sumpan to the barbour, and has, we understand, applied for a summons against the Oplum Farmer charge him with removing the drug after prohibited hours. The case will probably be called on in the Police Court on Toursday, when the Crown Solicitor will prosecute and Mr. J. J. Francis, Q.C., will appear for the defence.
TO DAISY BELL.
(Not forget'ing her best,) There was a man on a football paper who wa foolish enough to try to write while" Dilsy Ball" was witble range. He had an hour of it and then retired in despair. He has poured forth his troubled soul thes
Daisy, Daisy,
For heaven's take, drop dead, do! I've gone crazy
List'aing to songs of you.
If you'll only skip the marriage
I'll furnish a handsome carrlage
For you and your bein
Laid two in a row,
•
The following changes in the Chines Imperial Maritime Customs are reported from the North Mr. A. E. Hippletry, at present Commissioner at Shinghil, Mr. E. Oh'mer, from Peking, being apps (Macao). will succeed Mr. Fargo at transferred to Lappa, Mr. A. J. Plry goes from Canion to Peking, and it is ald that Mr. Tarago and Mr. J. O. P. Bland are also poder orders for bead-quarters. Mr. W. T. Lay, Commissioner at Kiokiang, will take charge at Chinklang, and will be succeeded by Mr. Noyer- Morehouse, who has recently returned from leave. Mr. J. Achises, Actlog Deputy Com missioner at Shanghai, has been transferred to Canton, Mr. Léalasfer taking the vacant position, Wire Mr. F. Nevil May, who goes home on
teave.
DR. G. R. FERRIS, before the Indian Oplum Commission: The conclusion I have been obliged to come to is that, to s country like India, having regard to the habits of the people, the character of their avocation, the peculiarities of the climate, and the particular character of their food, opium is distinctly beneficial-that it not harmful, that it is not a vice, that it does not in any way promate immorality, that it does not increase, but distinctly decreases, mortality, and that without it the vital returns of many parts of the country wou'd be sim-ly appalling." In a word, comments Sydney Bulisfin, op'um to India does no more harm then does claret to France. Years ago the present writer met an old doctor who, for 30 years, had been an official physician in Hongkong, de strongly defended the use of optem, and sald that his unrivalled experience of oplam-smokers was that they were not necessarily any more unhealthy than people who used tobacco.
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$1,2001 336 argament) tends
to show that TS
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I concludo had directors' signatures to It, was Queen LR. 7 H. of L, 496, Rouse. William- given him by the Company's secretary. This on 38 Ch. D. 483) merely show,
my mlad, that an equitable in crest in shares is subject receipt was in the following terms: "Received from Mr. W. G. Johnson the sum of $75,810 to any prior or saperler equity which may in full payment of 736 erdinary shares and 148 have been created in them by denilags subić- founders' shares in the Hloge Hotel Co. (Ltd)." | quust to allotment, and do no, affect s'io quas, The parchase money for the Hotel property had sion of estoppel arising from the "decoripitan áf thus brea settled as follows:-Cab, 199,380 the shares themselves. The case bisher Rom- 400 veu 'or'a ordinary shaies, '$40 000; 80 ford Canal Co. 24 Ch. 12. 85′′) vendos❜ founders' shares,
dinary shares not taken up by the Futile, be cisimed by an equitable
tha! 333,600 63 founders shares $1,020 total, extent of securing to himself equitabåge relief. $175,100 On the gh October, 1890. Mr. These debanturen had been irregularly figured to Butt, who at that time was the Bank's Agent at a person aware of the irregularity, Sony of these Kobe, advanced $8,000 to Mr. Jahnson against | debentures were depostred by way of security 160 of bis ordinary shares. The provisional with a person unaware of the irre ularity, and certificate for the 736 ordinary sharce was upon the liquidation of the Compaor the equit- deposited with the Banke, and, I believe, able mortgagee was held enttiled to recover such rum, not being greater than the nominal case, the Directora receipt abov: men. though I do not think that it affects the
value of the debentures tioned; and Mr. Johnson executed a blank provetbat be bond fide advanced upan them. It eposited, as he could transfer of roo ordinary shares in the Bank's was then laid down that, if the original conduct favour. In March, 1991, the provisional cext of the Company in Isaulog debentures was such ficates were exchanged for scrip beating the that the public were justified in treating it as a Company's seal, and Mr. Johnson in lieu of his representation that they were legally transf 1- for different lots, amongst which were one for one certificate for 736 shares obtained certlācates able, there was an equity on the part of any pers son who had agreed for value to take a transfor 160 shares (Nos. 327 to 486) and one for 316 of these debentures, to restralo the Company from shares (Nos. 1 to 316) which together make pleading their invalidky, although that might be up tha 486 shares, which are the subject of the a defence at law to an action by the transferor. present dispute. As in the provisional centlicate, The principle of estoppel was applied in favour the shares in the sealed certificates are des- of a person having no equitable interest though cribed as fully paid-op. The certificate for 150 not in quite the same way as it is in favour of : shares was handed to the Rank presumably ax legal transferee. As the right in the debentures 1000 as it was fraged. In August, 1701, Mr. | was merely equitable the relief was given on Cook being then the Bank's agent at Kobe in equitable terms. Had there been a transfox of succession to Mr. But, the certificate for 316 | the debentures to the claimant he would have shares was deposited with the Bank as collateral been entitled to the fall nominal amount of the security for an advance to Mr. Johnton of debentures. In the case of the Babis and San $15,000 and a further transfer in blank for the Francisco Railway Co, LR. Q.B 504, 4 person 326 shares was executed by Mr. Johntos in the who had bought shares on the strength of s Bank's favour. Mr. Johnson died on 8th certificate which had been imu:d by the November, 1891. On or about November 16th Company on a forged transfer was held to be following, the blank transfers were filled in with entitled to damages; an estoppel from the terms the name of Mr. Cook as transferee, and were forwarded with the scrip for registration. A correspondence thereupon ensued between the Bank and the Company, the gist of which may, I think, be stated as follows:-The Company at | first refused to register the transfer on the ground that they had a claim against Juhnson's for damages arising out of the contract of sale, but they abandoned this position and gave Mr. Cook notice that as the shares had not been paid for in cash they would if transferred to him be liable under the 24th section of the Ordinance to calls for the payment of the creditors. Mr. Cook repudiated such liability and demanded registration of the transfer. The Company agreed with a reserva- tion of what was described by the Secretary as the " lalot of lähllity" above raferied to. "Me. Cook declined to recognise the reservation and The Company then registered the transfer. NEW RECRUIT FOR THE "DEVIL'S BRIGADE." Upon these facts the first question argued was The Hon.W-M.-Goodman, Attorney-General, |-whether these sbares-must-not-be-deemed moved "that Ernest Hamilton Sharp, of the to have been actually paid for in cash. From Inner Temple, London, barrister-at-law, be Spargo's case L. R. s Ch. 407 and other cases approved, admitted and enrolled in the Supreme it appears that where no actual cash has passed, Court of this colony as a barrister of the Court."' on the day when the payment is alleged to He was informed by the Registrar that the have been made there were two contracts each necessary documents and certificate had been creating a debt, and an agreement was then made filed, and the papers were all lu order. There to extinguish one debt by the satisfaction of the was an aff tavit by Mr. Sharp that he had taken other, there has been a sufficient payment within the statute. If therefore it were shown that the degrees of M. A. and B.C.L. at Oxford, was | admitted as a student in 1887, and called to the Mr. Johnson agreed to take the 736 abates in bar at the Inner Temple on April 22nd, 1E91. the ordinary way and the Company took pay
meat of them by crediting him with the amount There was also a formal affidavit of identity,
His lordship—I am obliged to you, Mr. of the purchase money then due to him, the Attorney General, for moving the Court for this statute would be satisfied. This, however, order, which I have very "great pleasure in in my opinion what took place. Mr. Johnson making. I wish Mr. Sharp á successful career seven took the shares with the Ides of being indebted for them. As to the 400 vendors) in Hongkong.
shares it was part by the original agreement that they should not be paid for, and as to the
directors receipt, because it testedes the 400 remaining 336 shares no presumption of payment or of any agreement to pay arises from the shares for which it is clear no payment was in tended. It is quite certain to my mind that the directors agreed to give and Mr. Tahnson mereed to take fally pail up shares to satisfaction of This is a summons of the liquidators of the this contract of sale. If so the shares were in no senne paid for in casb. (la re Johannesburg Hiogo Hotel Co., calling upon the Hongkong and Hotel Co. L R. 1891 1Cb. 119.) Thenext point Shanghai Bank to pay $48,600, being the amount of 486 ordiassy shares of $100 each in the Com-whether, although the shares were not paid for in cash, the Company so con 'octed themselves any, standing in the name of Mr. Robert that at against the Bank they are precluded undertakes all the liability of Mr. Cok in the
SUPREME COURT.
IN ORIGINAL JURISDICTION. (Before Sir Fielding Clarke, Chief Justice,) April zad.
THE HIOGO HOTEL CASE.
A. J. Leach Q.C., instructed by Mr. E. C. El
judgment was given in this suit, in which Mr. (Mr. V. H. Deacon's office) was for the plaintiffs and Mr. J. J. Francis, QC, instructed by Mr. G. C. C. Master (Johnson, Stokes and Master) for defendants.
His lordship sald :—
Cook, an officer of the Bank. The Bank has
estale
not
English law of evidence which is known by the from demanding payment. The doctrine of the name of estoppel is that a man having at one time represented a state of facts can.
not
}
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betwesa
of a share certificate was thus established in favour of a purchaser who had acquired no interest elther "legal or equitable in the shares, That was a special case but Cockburn L. C. J. said "In whatever form of action they (the claimants) might shape their claim the measure- of damages would be the same. They are entitled to be placed in the same position as if the shares which they purchased owing to the Company's representation had in fact been good shares and had been transferred to them and the Company had refused to put thêm on the register, and the measure of damages would be the market price of the shares at that time; it not market price at that time then a jury would have to say what was a reasonable compensation for the loss of the shares.” This was followed in Hat Frontino and Bollvie South American Gold Mining Co. LR. F. 11, and the authority of these two cases is fully recognised in the case of Simm and others v. Anglo- American-Telegraph Co-where, with-reference to stock in trade to which there is a fatent Aw, the distinction is pointed out * purchaser for value relying apon statements of the Company and ong relying upon statements of his vendor. Raising money on thates by deposit of the certificate and execution el a blank transfer is a transac tion of an ordinary a mature as to be fully wlibia the contemplation of a company when they issue shares describing them as fully paid up, and I think therefore that before the application to register was made the Bank an equliabla mortgageen had by reason of the company's representation acquired a right to regard the deposited shares as fully paid up, not for all pur- poses perhaps, but at least for the purpose of securing the advance made on them. Under Art. 19 of the memorandum of Association the Directors had a power to refuse registration to the case of a transfer of shares not fully paid up, but had they refused to register Mr. Cock it seems to would have been immediately liable to the Bank me that on the auibarity of the above cares they
to the extent of the adv.nces madeon the shares. The relief which, the principle of estoppel applies, is to place the party acting on the ropre. sentation, as far as possible, in the same position been true. Legal rights of others sometimes as he would hare held it the representation had intervene to prevent the possibility of the same position being exactly enforced, but in such cases damages afford the proximate remedy. It is not I think necessary to decide whether If the Com- pany had refused registration the Bank a équitable mortgagets could have compelled it, or whether they would only have been entitled afterwards seek to show that his re- to be indemnified in damages. I am inclined to presentation was false if in the meantime ibink that they could only have had damages, another perion relying upon the representation but their right to the relief appropriate to their has been induced to alter his position. I am position could not, as it seems to me, be taken satisfied that at the time when advances were made away by a mere notice from the Company given against the two lots of shares respectively, for the first time after the application to register had been made. By registering the transfer the neither Mr. Bett nor Mr. Cook know that they were not fully paid up. Mr. Batt knew that Mr. Company made the Bank legal instead of equit. THE Marila papers which arrived by the 20Are
Johnson was to have obtained some vendors able mortgagees, but they had no right by co on Sunday bring no further details of importance
shares but he did not know that the 60 shares doing to take away or depreciate the security ss to the fighting in Mindanao, nor anything to confirm the rumours of trouble in Seoles,
which the Bank were to have a lled over were which the Bank had taken in reliance upon their part of the vendors' shares originally bargained representations. The Bank In its new position Heavy reinforcements are being harried away
for, nor indeed can it be said that is now estab was entitled still to say to the Company "you to Iligan, in the province of Misamis, Mindanao,
shed. For anything Mr. Butt is shown to have cannot go behind your own description of the where the Moros were reported to have been
known, at least 336 of the 7:6 shares represented nature of these shares, upon which we relled "embed" the craisers Reina Cristina, Velasco
by the provisional certificate might have been when we advanced cor money." The estoppel and Marques del Duero bave also been ordered the Company and the costs, charges and ex-
oild for in cash. He states at the time when the was established when the money was lent. The to go there, and arrangements are being made en of the winding-up, sed for the ray-
may be required for the $8,000 was advanced he believed the hypothe subsequent change in the Bank's position may for the establishment of a milltary hospital atment of each sums
cated shares to be what the certificate descifbed | have altered the nature of the relief to which Ilgan. There are now probably over 4,000 destment of the rights of the contributories Spanish troops on the spot, and the Governor. amongst themselves, with certain qualif. them, vie, fully paid up, and this statement is they are entitled, but it should not in my opinion General of the Philippines has gone to conduct cations not now relevant; and (2) the 24th set in my opinion contradicted. Mr. Cook is not extinguish their right. As equitable mortgagees shown to have had either notice or knowledge of unable to obtain registration their_title_to operations in person, together with a number of election of Ordinance 1 of 1877. which is *= the principal military officers. All this prepara- follows "Every share in any Company shall the terms of arrangement made with Mr. Johnson feller would have been that the Company and his statement that he did not know that the had led them to believe that they could be deemed and taken to have been larued and tion does not look as if the enemy had been to be held subject to the payment of the whole 316 shares had not been paid for in cash must be get traarfer of fully paid up "sbares; completely wiped out!
amount thereof in cash, unless the same shall fully accepted. I biak. therefore that the Bank and as registered shareholdere the relief Ax English steamer, the Baku Standard, has have been otherwise determined by a contract in making, the advances must be presumed to is I think that they are entitled as against the been filled at Newcastle-on-Tyne with a new duly made in willeg and died with the Registrar the Company in their certificate that the shares any rate they must I think he entitled so to have relled upon the representations made by Bank'to regard their sharen as faily paid up. At apparatus specially constructed for the consump of Compaules at or before the issue of such tion of oil instead of cost... On a hip from San.share." As these provisions are taken wardalim were folly paid up, and, if I am right to this, it regard them for the purpose of avoiding a liability darland to Dastmonth recently the arrangement from the English Companies Acts, the decisione is clear that if the Bank had obtained regista which they hadavery ras son to suppose would not answered admirably, and four superlatanding of the English Courts upon the corresponding on before they were andeceived a to the real attach to their security at the time they first took 1 engineers came round in her, and the results were sections of the Egilsh Acts are entirely appli- character of the shares they would have been Two other questions were raised, which do not, beyond their expectations. Whilst bez consump, cable. It is admitted that the payment required entitled on the principle of estoppel to have held in view of my conclusion on the last matter tion of coal averaged 30 to 33 tons daily, only is from the Bank is not wanted for creditors of the the shares for all purposes as against the Com-considered, now call for decision, but as to which I think it better to shortly state my opinion, tons of all does the same work, while her staff of Hotel Company or for the costs of winding-op, pany an shares fully paid up. The representa Areman is reduced from tan to six. No difficulty and also that no contract was registered having tions by a Company that shares are folly paid First it was cald that as the Company, in the up is in favour of a person acquiring the shares correspondence which Immediately preceded the THE four-masted ship Susquehanna has been
was experienced in getting steam, and there was reference to the shares. The capital of the Com- chartered to load 95,000 cases of eil at New an absence of diet or smoke. The oil is non-pany was $175,100, divided into 1,700 ordlamy in the ordinary course of business unless it can registration, represented that the sharea if be shown that be either knew, or but for culp-registered would be liable to payment in the shares of $100 each und 440 founders' shares of York for Yongkong at 17 cents, or Japan at 18 explosive, the bensine having heen press $15 each. From the prospectus, dated july able negligence would have known that the interests of creditors, the liquidators cannot now
extracted, The Báku Standard is about 1,000
claim
payment on behalf of shareholders. I do tans register.
31st, 1890, it appears that the promoters agreed representation was focorrect. It is not enough to purchase the Hotel property at Kobe from W. to show that he had the means of knowing it, not think that this point is tenable, as the Bank, G. Tohnson, since deceiard, for this sums of Barkinshaw v. Michell, LR 3.App. Ca. 1004 in repudiating all liability, can hardly be said $175 100, of which $133,000 was to be paid in Re A. W Hall & Co. L.R. 37 Ch. D. 713. But to have relled upon the representation. The CARD, $40,000 in 203 folly-paid-up ordinary the present case can be distinguished by the factsther question was whether the object of the sbares, and the residue to Bo founders' shares. that before the Bank acquired a property in the 24th section was not limited to the protection As between Mr. Johnson and a Mr. Carroll, shares by registration they had actually notice of creditors and consequently whether a call $90,007 of the purchase money was payable fa that there had been no payment in cash. Under upon vendors' shares for the benefit of abate Gath to Mr. Carroll for his laterest in the Hotel the bank transfers and depoult of the certificates holders could be justled under the 27th section an property, the sale of which Johnson negotiated the Bank were merely equitable mortgagees being required for the adjustment of the rights with his consent. Applications for shares were sod su much they were not shareholders and of the contributors as amongst themselves." invited to be made el her to the Hongkong and could not be made Hable as contributories, but This seems not to have been d cided in England 5 Shanghat Bank or to the Company's brokers, completion of their trasfer and registration though it is suggested that conflicting dicta en but seem all to have been made to the Bark, they became shareholdera and members of the the point are to be found in Blyth's case 4 Ch. D. The subscriptions of the public paid into the Company. They therefore in one sent altered and the Yakannesburg "Hotel Co's case man Back to respect of shares allotted amounted to their posilon after they had received notice. At floved above. I do noi think that the point was $99,250. On the 30th Sept, at the second the same time the correspondence shows that dealt with in either case. My opinion is that the meeting of the Company's Directors, it was they did not in any way mean to abandon suy 37 agreed that a sepurate cheque for $90,000 should right that they had previously scquired by be given to Mr. Carroll and a cheque for the toppel, and I therefore think that it is notes 25 balance of $9,70 to Mr. Johnson, and that Mr. 3y to consider their position as equitable Johnson should be handed a certificate of 736 mortgagees. It is said that an equitable mort ordinary shares and 148 founders' shares-ta | gagen of shares can only take such Interest as cover to fall the Company's purchase from him, his transferes had and cannot rely upon the On the 8th October a provisional cerilicate for docnice of purchaser for value without notice 130736 ordinary shores, described as fully paid up, but the case cited in support of this contention
was issued to Mr. Johnson, and at the same (Société. Generala de Páriz u. Wather lak. 11. lime a receipt, which, from the correspondenor, App. Ca., Shropabice Canal Co. The
INDIA MENACED.
Sir Richard Temple, referring to India, said
that the recent action of France and Russia Was
the mast serious menace to India's safety that bad occurred during the present generation.
EARTHQUAKE IN THE PHILIPPINES.
BOLINAO, April and
A severe earthquake shock was felt here this morning at a quarter to three o'clock,
LOCAL AND GENERAL,
H.M.S. Daphne left Hankow for Shanghai on the zoth fast.
THE German gunbest Wolfleft Naganald for Shanghal on March 27th,
Tax P. & O. 5. N. Co.'s steamer Caxton arrived
at London on the afternoon of the 31st nito.
ir is stated that of the one hundred medical missionaries at present in China, fifty-nix ure
worien.
All our Brandy guaranteed to be parecents each. Cognac, the difference in price being merely a quesilon of age and vintage.
Simple bottles and smaller quantities will be supplied at proportionate whalesale rates.
We only guarantee our Wines and Splits to be genulae, when bought direct from us in the Colony, or from our authorised Agents at the WHISKY,
Coast Potts.
SCOTCH-
A Thorne's Blend, White Cap-'
Buic
Ferdorin
B Watson's Glenorchy Meliuw..
Blend, Blue Capsule with Name and Trade Mask .... ** 10.80
C Watson's Abelour-Glenlivet, Red Capsule with Nama and Trade Mark
m
D Watson's HKD Blend of the
kles, Visiet Cagzale............
12.00
Finest Scotch Malt Whis
1440
E Watson's Very Old Liqueur
Scotch Whisky, Gold Cap-
15,00
A REGULAR meeting of Zetland Lodge. No, gas, will be held in Freemasons' Hall, Zeiland Street, tbls evering, at 8.30 for 9 o'clock precisely. Visiting brethren are cordially invited."
We regret to learn that Mr. E. Robinson, bayrlater-at-law, and Mr. Francis, QC, HI suffering from measles. We always thought the Ca.1-gal profession was feclined that way,
A SYDNEY Eburban storekeeper who sold out a large business 12 months ago, bellaving he poiseased an assured Hfe-Independence, WAD tempted into gold-mialog, and figured the other week among the applicants for ext-door die- pensary relief in Sydney Domain *********
AMONGST recent launches from the busy Chinese shipbuilding yards at Hunjbam, we note a slout. looking faunch, 55 feet long by 10 feet 6 inches beam, built to the order of Messrs. Butterfeld and Swire; also, a flush-deck launch, 65 feet long, by 12 feet 9 in. beam, now being
Our lowest priced Whisky is of excellent engined by the Kwong Tak Cheong irm, of quility and of greater nga than most brands in Wanchal, which will be delivered to her owners the market. We recommend sur austomere not' in Bangkok about a fortnight hence,
|
And a coffļo that's built for two,
ALICE MEMORIAL AND NETHERBOLE HOSPITALA Slattities for March, 1894,
AM.E. X.E. In-Patients remaining in Hospi
tal on 1st March
24 In-Patients admitted to Hospital
£18
22
during March......isa 32
Total number treated as In-
Patients
2013 Of these therN WEID :--- Discharged cured mum. 18 Discharged relieved Discharged on other grounds 3 Died in Hospital"
54
In-Patients remaining in Hoepi-
tal on tat April, 1894
Out-Patients, new cases... 893 Out-Patients, return visits 1000 Total number of Out-Patient
visiskanon gouping 1,84il
THOMAS Į. BURTON, MB, CA,
matter, and in treated by censeal as standing in Mr. Cook's place. There is also a Crost-summoas by the Bank for the removal of Mr. Cook's name from the list of contributories, The Company is registered under the Hongkong Companine Ordinances, and has is so-called registered office at an address in the Queen's Rond, "It falu the course of being wound-up under the supervision of the Court, and accordingly the provisions of the Hongkong Ordinances spply as between the present sigants. The material sections of the Ordinances are: (1) Sec. 37 of Ordinance 1. of 1865, which provides that in the event of the Company formed under the Ordinance being such Company shall be liable to contribute to wound-up "Every present and past member of the assets of the Company to an amount suffi clent for the payment of debt and Kabilities of
i
enacting words of verzevery bur shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash tiras dc," ar absolutely imperative and that in cases within the secifón, payment could be enforced, for distribution amongst shareholders. The section seems to me to give them a right to the money, and, If so, its collection would be necessary för an adjustment of their rights as amongst themmiven The liquidators' summons must be diamloved,
P
TH
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