Entimation.
THE HONGKONG TELEGRAPH TUESDAY, MARCH 14, 1905.
Auctions.
PUBLIC AUCTION,
WM. POWELL, THE Under goed voe ved structions
LIMITED.!
'ALEXANDRA
BUILDINGS"
Des Viruz Road,
Everything for
Ladies' and
Children's wear.
NEW
CHIFFON
VEILINGS.
RAIN COATS.
BELTS.
LINEN COLLARS.
CORSETS.
DRESS
FABRICS.
NEW
GRANITE TWEEDS.
NAVY SERGES.
FANCY VOILES.
FOULARDS,
AND
A splendid selection
of.
NEW MUSLINS
at
Moderate Prices.
GENTLEMEN'S.
DEPARTMENT,
28, Queen's Road.
NOW ON SHOW.
SMART SILK
AND WOOL
SHIRTS of beautiful quality, newest patterns.
OPEN KNIT SILK SCARVES.
LIGHT-WEIGHT RAINCOATS.
INSPECTION INVITED.
To Sell by PUBLIC AUCTION,
FOR ACCOUNT OF THE CONCERNED, TO.WORROW,
the 15th March, 1905, at 2 P.M', at their Sales Rooms, No. 8, Des Voeux Road,
· comer of ice. House Street, A VERY FINE COLLECTION OF JAPANESE CURIOS,
Comprising:- SATSUMA CLOÍSINNE VASES, WALL PLATES and INCENSE BURNERS, SILK EMBROIDERIFS, WALL HANGINGS, CUT-VELVET PICTURES, BRASS VASES, SILK EMBROIDERED SCREENS, SILVER CLOISONNE WARE, &c., &c., &c
Catalogues will be issued. TERMISAs Usuai.
- HUGHES & HOUGH,
Auct.uneers. Honybang, 14th March, 1905-
PUBLIC AUCTION. "HE Undersigned have received instructions TH
to sell by
PUBLIC AUCTION, FOR ACCOUNT OF THE CONCERNED, TO-MORROW,
(WEDNESDAY) and THURSDAY,
Entinuations.
WHAT IT WILL TO. A woman baya a sewing machine for
what
grievance was that they had got watered shares. instead of bona-fide shares, and that the firm of Bewick, Moreing and Co. and Mr. Morcing was itable in damages because they were the people who carried out the transactions through
His Lordship. Have you any doubt about that? Witness: "No. His Lordship: You seemed to have. Questioned as to what the fish tres would be worth if the paid up capital it had been (875,00 instead of £1,co2,000, wit
iness said he could not tell As far as he know, their agents. The complaint against Mr. no shares in the company were offered for Moreing was breach of contract. He desired 'public subscription. He did not know that to see the terms of the breach, and the difficulty 415,000 fully paid shares had been paid to tde could not be got over by saying that he was Apglo-Continental Syndicate. Asked whether party to the water.ng of the shares. In order if he had known that he would have certified to get the necessary capital to finance the com- the accounts as correct, witness said he thought.pany, to pay off the pressing liabilities, and to he should have reported upon it to the shareges a reduction in the interest on the harbour holders. We did not care to express any opio-Toan from 12 to 6 per cent., the shares had to ion whether the company's borrowing £500,000 be issued as fully paid up, and the case set up and paying Bg per cent, in fully-paid shares that there was an agreement that no fully. for the loan was an advantageous transaction; paid shares should be issued beyond the but it would have been more advantageous if three hundred and seventy-five thousand ab they had only borrowed £300,000.
will do not as an article of furniture. A man carrica a watch to tell him the time; not as an covestment of surplus capital. The same principle when one is ill. We want the medi. cine or the treatment which will relieve and cure. The friend in need must be a friend indeed-something, or somebody, with a repulation, with a good record, with a history that justifies our confidence. There should be no guesswork in treating disease. People have the right to know what a medicine is, and what it will do, before they take it. It must have behind it an open record of benefit to others for the same diseases,-a series of cures that proves its merit and inspires confidence. It
is because it has such a record that
WAMPOLE'S PREPARATION
[351 is bought and used without hesitation or doubt. Its Good Name is the solid basis for the faith the people have in it; and a good name has to be earned by good deeds. For the purposes for which it is commended it is honest, true and prictlcal.. It does what you have a right to expect it to do. It is palatable as honey and contains all the nutritive and curative properties
This concluded the evidence.
* SPEECH FOR THE DEFENCE. Mr. Hugber, K.C., on behalf of Mr. Moreing and Howick, Moreing and Co., said he could not understand what was the case alleged against his clients. He had heard a great many vague suggestions of fraudulent conduct, but he had not heard anything like a specific charge formulated as arising out of such fraud as suggested. It was pleaded that the transfer tion by Hoover that the memorandum would in was executed by Chang upon the representa fact be binding on the defendants and upon an agreement that the conditions would be sentation upon which an action of deceit could observed by the company. That was no repre be base. It was a representation upon a ques
solutely broke down on the facts. In view of the financial and political situation in Chiny the transaction was a very beneficial one for done extremely well out of the transaction. the company, and the old shareholders had
Mr. Haldane argued that this agreement had Director-General, and that a China board was been performed, that Chang had been made constituted. If that board had not been satis. factory it was the fault of the Chinese for oblaining the interposition of the Viceroy, which put an end to the whole transactions. China board in accordance with the provisions The company had offered to reconstitute the in the articles, but the plaintiff was not satisfied with that. The company had been in posses. expended capital upon it, and had issued deben- son of the property for four years; they had tures and incurred liabilities; and restitution
the 15th and 16th March, 1955, commencing of Pure Cod Liver Oil, combined with the tion of law. If it were held by the Court that in a case of this kind was out of the question.
2 P.M., each day, at their Sales Rooms, No. 8, Des Voeux Road, corner of Ice House Street, A VERY FINE COLLECTION OF JAPANESE CURIO 5,
Compound Syrup of Hypophosphites and the Extracts of Malt and Wild Cherry. In Scrofula, Anemia, Nervous and General Debility, In- fluenza, Blood Impurities and Wasting Com Comprising
plaints, it is to be thoroughly relied upon. Dr SATSUMA CLOISONNE VASES, WALL J. L. Carrick says: "I have had remarkable su ceas with it in the treatment of Consumption, Chronic Bronchitis, Catarrh and Scrofulous Affections. It is of special value in nervous prostration and depraved nutrition'; it stimulates the appetite and the digestion, promotes assimilation, and enters directly into the circulation with the food. I consider it a mar- velous success in medicine." Every dose effective. "You cannot be disappointed in it Sold by chemists.
PLATES and INCEN E BU. NERS, SILK EMBROIDERIES, WALL HANGINGS, CUT-VELVET PICTURES, B¦ ASS VASES, SILK-EMBROIDERED SCREENS, SIL: VER CLOISONNE WARE, &c., &c. &c.
Catalogues will be issued. TERMS—As usual,
"HUGHES & HOUGH, Auctioneers.
Hongkong, 14th March, 1905, „
PUBLIC AUCTION.
[357
THE Undersigned have received instructions
to Sell by
PUBLIC AUCTION,
FOR ACCOUNT OF THE CONCERNED,
on
THURSDAY,
the 16th March, 1905, at 11 A.M., at their "Sales Rnoms, No. 8, Des Voeux Road,
corner of Ice House Street,
THE
NOTICE TO SHIPPERS.
5
HE NIPPON YUSEN KAISHA are prepared, during suspension of their Trans Pacific Service and until further notice, to BOOK CARGO and ISSUE BILLS OF LADING to SEATTLE, WASH., VICTORIA, B.G., and PACIFIC COAST PORTS, also to OVER LAND POINTS in the UNITED STATES Handsomely Embroidered and Suitable for and CANADA in connection with the GREAT
A NUMBER OF ROLLS OF SUPERIOR SILK FROM THE IMPERIAL LOOMS,
Decorations.
TERMS As usual,
HUGHES & HOUGH, Auctioneers. Hongkong, Toth March, 1995,
[347
THE
PUBLIC AUCTION:
HE Undersigned have received instructions from the REGIStran, Supreme COURT,
to sell by
PUBLIC AUCTION,
оп
THURSDAY,
the 16th March, nos, at ri_a.M., on the premises, at No. ro3, Queen's Road Central, THE GOOD-WH 1, STOCK-IN-TRADE, FURNITURE,
&c.,
Wm. POWELL, Ld. |
HONGKONG.
Hongkong, 8th March, 1ços.
&c.
TY
&
OF THE
SING FIRM,
as a oing concein.
TERMS :—15 usual.
HUGHES & HOUGH,
Government Auctioneers. 318
Hongkong, 13th March, 1905.
PUBLIC AUCTION.
HE Undersigned have received instructions THE
to Sell by
PUBLIC AUCTION,
FOR ACCOUNT OF THE CONCERNED,
An
FRIDAY,
the 19th March, 1903, at Naon, at- the Hongkong & Kowloon Wharf & Godown Company's Godowns, West Point, 1,687 BAGS WHITE SUGAR. TERMS:-As usual.
HUGHES & HOUGH,
Auctioneers.
Hongkong, 10th March, 1905.
1355
PUBLIC AUCTION. [HE Undersigned have received instructions
to Sell by
PUB IC AUCTION,
FOR ACCOUNT OF THE CONCERNED,
ON
FRIDAY,
the 17th March, 1905, at 2.31 P.M., at their Sales Rooms, No. 8, Des Vœux Road, corner of Ice House Street,
NUMBER OF
IRON SAFES, SCALES,
ALSO
ENAMELLED WARE, SOCKS, FUR NITURE, GLASS WARE, PICTURE, CROCKERY, COOKING STOVES, BICY CLES, &c, &ch
TERMS:-As troual,
HUGHES & HOUGH, Auctioneers, Hongkong, 13th March, 1905.
· [356
GOVERNMENT NOTIFICATION,
PARTICULARS AND CONDITIONS of the letting by Public Auction Sale, to be held on MONDAY, the 20th day of March, 1905, at 3 P., at the Offices of the Public Works Department, by Order of His Excellency the Governor, of One Lot of CROWN LAND
NORTHERN RAILWAY FROM SEAT- TLE, as hitherto, by the Steamers of the NORTHERN PACIFIC S. S. Co., BOSTON STEAMSHIP and TOWBOAT Cos., OCEAN
S. S. Co. and CHINA MUTUAL S. N. Co.
For further Particulars, apply at the Com pany's Local Branch Office in PRINCE's BUILDINGS, First Floor, Chater Road.
-1′′ B. MORI, Acting Manager,
Hongkong, 24th January, 1905,
[68
THE FAMOUS Yabar
Razor
ASHARPUTTLE SHAVER
• WEIGHT LESS THAN FOUNCES,'
HIS DWARF RAZOR has superseded The old fashioned clumsy, Razor and by
its use Shaving becomes a pleasure. It is manufactured in Sheffield, England, from a special amalgam of steel which makes imita- tion impossible, and in consequence it enjoys the largest sale of any Razor in the World. Thousands of Testimonials testify that the little "MAB" is the finest shaving implement ever produced.
|
Will be mailed to any address on receipt of the price (82), post free.
To be obtained from THE MUTUAL STORES, Watkins, LIMITED, and all first-class stores in the Colony.
Sola Agents for Far East, Howard & Co., 29, Des Voeux Road, Central, Hongkong Agent, wanted in every port,
For particulars and terms, apply to--
HOWARD & Co. Itongkong, 24th November, 1904. [61
THE CHINESE ENGINEERING
AND MINING CO. CASE.
CHANG YEN-WAO V MOREING AND OTH ́RS.
[Continued from yesterday.]
Mr. Lean Troust, a director of the defendant company since 1901, said that in Noveniber of that year he went to China on a tour of inspec- tion. In the course of it he was introduced to Detring, with whom he had several conversa tions. In February, 1922, he returned to Brussels, with a rote of the agreement he had made with Detring, and in April this was ratified by the board. Under this agreement he was to be elected a director of the company at the next meeting of the board.
His Lordship asked what counsel was trying to prove.
Mr. Hamilton said that the board had been anxious to arrive at an agreement with Chang as to the interpretation and carrying out of the memorandum of February, 1901.
His Lordship said he would assume they had been endeavouring to come to an arrange ment. Mr. Hamilton said it was more than that; there was the question of interpretation.
His Lordship said it was absolutely contrary to the defence, and counsel had become embarrassed over the case. Mr. Hamilton said his embarrassment was caused by the way in which the case had been opened against his client. His Lordship: I did not mean what i at Barker Road, in the Colony of Hongkong, said just now to be taken absolutely and liter for a term of 75 years, with the option of really as truth; but it is very likely it is so. newal at a Crown Reat to be fixed by the Sur (Laughter.) veyor of His Majesty the King, for one further tions had been going on between the parties. Mr. Hamilton said that all this time negotia-
His Lordship said that was absolutely contrary to the defence. Mr. Hamilton said the plain tiffs could not obtain restitution on this point. His Lordship: We shall res. Me Hamilton Not on that ground. His Lordship agreed, and said it might be assumed they were ne gotiating, Mr. Levett said that was so. His Lordship said the end ofibe negotiation was that they disavowed any agreement.
Mr. James Henry Dixon (a chartered at 55 99.416 160 3.639 countant) gave evidence with regard to the value of the shares, and in cross-examination said the effect of what Mr. Lavett called water ing the share was to decrease the dividends on (353 them, and make them less valuable.
term of 75 years.
PARTICULARS OF THE LOT.
Boundary
Herrementa
I No. of Sale.
Rural Building Registry No.
LOCALITY.
Barker Rond
*.*.
je
DR
the M. ff.
$45-0.
13.0
(35 | Hongkong, trih March, 1905.
Contents in
Square feet.
- Annual Rent.
+
-Upset Price.
the memorandum was binding, then the repte: sentation was true. It had not been proved that it was false. There was no evidence that in making such a representation Hoover had acted otherwise than in perfect good faith, and in the belief that it was true. The action against Mareing was founded on fraud or noth. ing. Ching must be presumed to know the law of England in the transaction he entered into.
His Lordship: You are dealing with a China man in China Ought he to be presumed to know the English law? Certainly he is not presumed to know the English Statuie-book or the law of joint-stock companies.
Mr. Hughes: I do not concede that proposi
tion,
His Lordship: you will find any case in which, under circumstances like this, a foreigner dealing with an Englishman in a foreign country had been deemed to know English law, should be much obliged.
Mr. Hughes: Whether Chinaman, German, or anybody else, I submit he must be presum. ed to know the law respecting the English com pany, so far as it applies in his case. It must be so,
His Lordship: It is no use saying, "It must be so, You must give me authority for your proposition.
Mr. Hughes submitted that it would be im possible for business to go on if his proposition did not hold good. The representation made by Hoover was not a representation of face within the neaning of that term as used in actions of deceit.
His Lordship: You must pot assume that | assent to that, in any sense or shape. I think there are some very difficult questions which may possibly arise in this case.
Mr. Hughes said the evidence was conclusive that Hoover believed the memorandum would be carried out.
His Lordship: My, impression is that the care on representation does not arise, and it is a cabe of the contract or nothing.
Mr. Hughes assented, and said no one enter ed into an agreement to bind the company. Mr. Honver gave an assurance of honour, no doubt, that so far as his influence west, the memorandum would be carried out; but no
On that ground alone there was an ear of the case as regarded rescission,
Entimations.
YOU WANT
PROVISIONS
AND
WINES
IN
1905.
GET YOUR SUPPLIES
FROM
point abjourned.
The further hearing of the case was at this A. CHAZALON & Co.
our last issue, the evidence given by Mr J. 1. In the report of this case which appeared in fames on the ninth day of thelial was unfor tunately given under the cross-examination of Mr. Bover. The evidence of Mr.ames, an English barrister, who went to China in 1898 the Tiensin University, under the Chinese to take up the position of professor of law at invernment, commenced with the question: "Were you very busy at the time of the Boxer rising ?" The rest of the day's proceedings was occupied with Mr. Eames's evidence.—L, &• C. Express.
COMMERCIAL.
FREIGHT.
Messrs. Lamke and Rogge, writing unler date 11th inst., state-Since issue of last circular, bearing, date the 25th ultimo, a larger amount of bu iness has come to pass than during the preceeding fortnight and, in face of inquiries for tonnage continuing to come in more freely from Southern ports, the re-opening of the Northern ports being also near at hand, there is very fair reason to believe that the lull, ever existing since the Chinese holidays, will soon be a thing of the past making way for a lively s; ring season.
From Sagon to this, only a hand to mouth business has been done, the local rice market having not yet sufficiently recovered to permit of transactions on a larger scale, but a revival of affairs can merely be a question of time, depending greatly also on a renewed demand for Japan ports, which is shartly expected. Closing quotation for this pprt is 15 cents per picul with a moderate demand for small
steamers.
From Saigon for Philippine ports, a some- what better inquiry has cropped up, resulting in three fresh charters at rates ranging from 30 to 32 cents per picul and though at the moment the one could believe that he made Chang under-demand would seem to be sate fied, it is quite stand he was bin ling the company
on the cards that further su table tonnage will he wanted at no distant date.
His Lordship asked why. Mr. Morting did not say in the defence the memor ndum was binding.
Mr. Hughes contended that as Chang and the company were at arm's length, it would have Deer Yong for her forcing to have made
such a statement as would have prejudiced the
company.
Hughes's cross-examination directed.
His Lordship asked to what end was Mr.
directed to any dispute with regard to the Mr. Hughes replied that it was not at all
memorandum.
His Lordship: I wished to be assured of that Counsel had not concluded his speech when the hearing was adjourned,
-
THE THIRTEENTH DAY. The hearing on g'h ult was devoted to summing up by counsel.
Mr. Hughes, K.C, on behalf of Mr. Moreing and his firm, argued that the evidence of Chang and Detring plainly showed that they knew fully that a large number of shares, fully paid ep, would have to be issued in order to carry the transaction through. If that was so the number of shares to be so issued did not munt. fer. The plaintiff's case was that only 175 000 sh res were to be issued, but it must be borne in mind that Chang and Detr ng did not stipu- late as to the number, because they knew that such a stipulation would have prevented the matter going through. If they had made such a stipulation Mr Hoover would have said it was impossible for him in China to say on what terms the mon-y could be raised in Europe for the undertaking,
PROPOSED AMENDMENT OF CLAIM. Mr. Levett, K.C., for the plaintiff, here asked leave to amend the statement of claim, by alleging that Detring was induceed to agree to the alterations in the agreement by the misrepresentation of Moreing and Hoover, He also desired to add that Chang was induced to execute the indentures of transfer by the inisrepresentations of the same gentleman,
Mr. Hughes and Mr. Haldane, K., opposed the amendments, and said they would wal particulars of the alleged misrepresentations.
Mr. Levelt, in answer to his lardship, said he meant fraudulent misrepresentation.
Mr. Justice Joyce said that when he gave judgment it would be time enough for him to say whether be allowed the amendment or not. The case would probably go to the Court of Appeal, but he doubted the wisdom of saying "fraudulent misrepresentation."
Mr. Levelt replied that he would bear his own burden, and he suggested that two letters from Moreing and Hoover to Detring were wickedly untrue.
For Java ports, loading at Saigon, some fur ther chastering his come to pass at sliphily better rates than last quoted, viz, 33 cen's per picul, whilst from Java back to this a fixture is on record at 33 cents per picul dry and/or wet sugar.
From Saigon 10 I port Japan, a large carrier has been fixed locally at 32 cents per picul which, however, seems to fill requirements for the time being.
Bangkok business, as far as outside steamers are concerned, still remains conspicuous by its absence but, it being rather early in the season, it is expected that matters will end in course
of time.
As regards Northern ports, it is premature to form any currect idea as to open rates. It is said that local Cos.' hoats are holding out for
cents per picul Newchwang/Canton and it entirely depends un produce being scarce or otherwise, whether that figure will be procur able. The weather has been unusually cold of fale and it is quite possible that Newchwang may be ice-bound up to the end of the present month.
(SUCCESSORS TO
G. GIRAULT)
6, QUERNS ROAD CENTRAL
Opposite Connaught Hotel.
Who are Suppliers of High Class
Wines, Spirits and Provisions,
French Bakers,
Navy Contractors,
and
Commission Agents.
BRANCHES :
HONGKONG; SHANGHAI, HANKOW, Hongkong, 22nd February, 1905. [31
THE WINE GROWERS SUPPLY CO.
TRAO
BARRETTO & Co., General Agents, Hongkong,
PORT WINE, Direct shipments from the COMPANIIIA AGRICOLA E COMMERCIAL DOS VINIUS DO PORTO, (Successors to DONNA ANTUA JA A, FERREIRA),
Monopoly for China, of THE WINE GROWERS SUPPLY CO..
Per Case of
1 Dozen,
Coal freights from Japan ports have shown a little more life during the fortnight and several settlements are reopried Moji In this at $1,40 te $1.50 per ton; in addition, there are several inquiries for coast ports at equivalent rates. For 2 ports Philippines a charter has been drawn a $3.50 per ton. For Singapore, the Dry No. 1 rate stands nominal at $1.75 per ton.
On monthly terms, four fresh fixtures are on record at fairly good rates. Suitable steamers can still be placed to advantage under inquiries mostly emanating from the North.
Sa Freights-No demand for tonnage. Sail-Tonnage loading or to load-For Balsi- more and New York. American ship Manuel, Llaguno arrived 1th February, from Chefoo.
Disengaged:-British ship King George, 2057 tons. French ship 51 Louis, 1,625 tons.
Departures: None.
TO-DAY'S EXCHANGE.
Selling. London-Back T.T.
...1/10).
.1/10/
.2.36
..45+
1.92
1391
Do, demand................)/109/16 Do. 4 months' sight France-Bank T.T. America-Bank T.T. ............. Germany-Bank T.T. .... india T.T...
Do. demand....... Shanghai-Bank T.T. Japan-Bank T.T. Java-Bank T.T.
4 months' sight L/G. 6 months' sight L/C
Buying.
זו
Selected Old Pon $50.00
#
2
11
15
15
35.00
Quinta do Posto Dry No. 3
>>
11
>
30.00
to
+
46 25.00
"
20.00
11
2T
" $5.00
14.00
13.00
12.00
(1,00
10.50
10,00
Quinta da Ciranje Tawny, 1887, Vintage Tawny, (White Labol)................. Medium Tawny, (Brown Label}] White Tawny, (White Label} Fall Wine, (Brown Label)........ White Tawny, (Brown Label) sie Light Tawny, (Brown Label).
MELROSE WHISKY
Scotland's Best.
1124
Delicious Mellow
47
30 days' sight San Francisco & New York..461. 4 months' night
do. 30 days' sight Sydney and Melbourne......1/II} 6 months' sight 4 months' sight Francs.3.40
4 months' sight Germany ...........................................90% Bar Silver......................................27 3/16 Bank of England rate
73%
Mr. Justice Joyce said that before he deter mined the matter he must look very carefully into the evidence,
Mr. Hughes pointed out that the action had been going on for two years, and this was the in consequence of any mis-statement on the first suggestion that the alterations were made
part of Hoover. ---
His Lordship said nobody bad said that the document of July 30, altered, was binding on anybody. He had a strong impression it was not. Mr. Hughes said at present it was not suggested that the deed of February 19 was not effective. His Lordsbip said his present impression was that the document of July 30 was superseded by that of February 19. Mr. | - Malwa Newähr. Hughes was of the same opinion. His Lord- ship said it must be borne in mind that pos sibly the English company bad some rights under the document of July..
"
........2.414
OPIUM QUOTATIONS. To-day's quotations are as follows :--
and Matured.
PROPRIETORS
Bowen & M'Kechnie.
ODPA RUBY RIOJA CLARET,
$0:00
per
dozen.
Direct Importers of Wian, Beer and Spirits from well-known Growers, Brewers and Per chest Distillers. Price List on application, .. 1,150/1,200 Old 1,150/1,380 Older
..........................................@ 1,300/1,350 Oldest .....
....@ 1,380 Pata Now, orisalbastrerin Mr. Hughes asserted that the plaintiff's case Benards New was - an-aver-varying one. Their original | Persian (Paper)
#
Yon
@ 1,140 in© 1.075
790/91a
BARRETTO & Co Agentij
Nos. 22 & 24, Bank Buildings Queen's Road Central:
Hongkong, 26th January, zpof,
No comments yet.
Private notes are available after approval.