1910-01-29 — Page 5

Intimation.

Powell's

Third Annual

CASH

CLEARANCE SALE

Gentlemen's

OUTFITTING

GOODS

OMPRISING";

SHIRTS

THE HONGKONG TELEGraph SaturdAY JANUARY 29 1910

Public Companies

THE CHINA Provident LOAN 'AND MORTGAGE COMPANY, LIMITED.

THE THIRTeenth ordINARY AN- NUAL" MEETING or SHARE. HOLDERS in the Company will be held at the OFFICES of the Company, St. George's Building, No. 6, Connaught Road, on SATUR- DAY, sih February, 19to, at 15.30 AM, for the purpose of receiving a Statement of Ac counts and the Report of the General Managers for the year ending gist December, 1909, de claring a Dividend and electing a Consulting. Committed and Auditors.

The TRANSFER BOOKS of the Company will be CLOSED on MONDAY, the 31

1910, bull days-inclusive. 1.

January, until SATURDAY, the gib February,

RUSSU-CHINESE BANK APPRAL | is the seguire, for the defendants. The Jury

UASE.

IMPORTANT HONGKONG CASE DECIDED

IN LONDON,

London, Dec, 28. „Before the Judicial Committee of the Privy Council yesterday there was beard the case Russo-Chinese Bank ↑ Li Ziu Sam, whịch was

Court of Hongkong of July 24th, 1908. an appeal from a judgment of the Supreme

Intimations.

THE BRIGHT SIDE

Consignees.

"BEN LINE OF STEAMERS,

NOTIOR TO CONSIGNEES.

5.S. BENCLEUCH," FROM MIDDLE BRO ANTWERP, LONDON AND STRAITS,

CONSIGNEES of Cargo are hereby

found for the plaintiff for the foll amount claim- ed and must therefore be taken to have any swered the third question in the affirmative. The bank moved the Supreme Court to have of life. It is a feeling common in the majority that verdict and judgment set aside, or that a of us that we do not get quite the amount of new trial should be directed on the grounds, happiness we are entitled to. Among the count among other, of misdirection by the, Chief less things which tend to make us-more or less Juntice, and that the verdict was against the miserable ill health inkes first place. Hannah | weight of evidence. On July 24th, 1908, the More said that sin was generally to be attri

Supreme Court dismissed the appellants mobuted to biliousness. 'No doubt & crippled ffon with cos's

liver with the resulting 'impun, blood, is the Cause of more mental gloom than any other single thing." And who can reckon up the fearful aggregate of pain, loss and fear raising from the many ailments and diseases

cloud it hangs over a multitude no one which are familiar to mankind; like a vast

can number. You can see these people everyject to rent, where. For them life can scarcely be said to have any "bright side" at all Hence the angemess with which they search for relief and cure. Remedies like

Mr. Scrutton, K C11and Me F. D. Mackinnon, were counsel for the appellants; Mr. Duke, xc, and Mr. A. O. Nesbitt, for the respondentif

The arguments were beard last month before a Bird composed of Lord Macraghten, Lerd Atkinson, and Lord Collins, whes judgment

was rastrved.

Lord Macoaghten, in delivailog (for Lord FISA kinson) their Lordship, jud ment recently said the plaintiff (the respondent) in the action

SHEWAN, TOMES & Co., General Managers. Hongkong, 110d January, Icto

THE KOWLOON LAND AND BUILDING COMPANY, LIMITED.

NOTICE is hereby given that the TWEN. TY-FIRST ORDINARY MEET ING of SHAREHOLDERS in this Com pray will be held at the Company's Office, Victoria. Buildings, on MONDAY,' the 7th February, igro, at a clock Neon, for the purpose of receiving the Report. of the Direc tors, together with Statement of Accounts for the year ending 31st December, 1909,

The REGISTER of SHARES of the Com- pany will be: CLOSED from THURSDAY, the 3rd February, to MONDAY, the 7th

THE LAW OF HOLDING OUT! There was no dispate as to facts, and little, say, controversy as to the law. It was up Zoubled that a person who dealt with an agent, whose authority he koow in this case, did so at his peril, in this sense, that, should the agent be found to have exceeded his authority, bis principal could not be made responsible. While the several authorities cited by Mr. Scrutton from Grist v. Norway" down. to," Roben

||

WAMPOLE'S PREPARATION

"

informed that all Goods are being landed a thoir risk into the hazardous and/or arteg hasardaas Godowns of the Hougkong and Kowloon Wharf and Godown Co., Ltd., whence and/or from the wharves delivery may be obtained.

ing undelivered after the 19.b inst., will be sub- All Calme agalust the Steamer must be pre seated to the Undersigned on or before the 5th prox, or they will not be recognized.

All broken, chafed, and damaged Goods are to be left to the Godawas, where they will be

No Fire Insurance has benn' affected. | Bills of Lading will be countersigned by

GIBE, LIVINGSTON & 0, -Agents, Honukone, 24th January, roz

(128

No Claims will be admitted after the Gooda bave left the Godowas, and all Goods remain.

FROM EUROPE.

THE H.A. L. Steamship

"SEGOVIA,"

| is a palive Chinese binker carrying on business the Great Flogall Consolidated" establish in various parts of China, and having a branch, ed in their Lordships' opinion the propozi at Hongkong, managed on his behalf by ace list that in order that the principle of have not attained their high position in the red on the 20th fast, at is AM. Lau Chung Yu The defendants (the appellholding out" should, is any given calls confidence of the people, by bald assertions ants) are a corporation established under of agency, apply, the act done by the agent and and boasting advertisements. "They are Russian law. They carry on broking business relied upon to bind the principal, must be an obliged to win it by doing adually what is at various places, and, like the plita iff, have a fact, of that particular class of acts which the claimed for them. That this remedy deserves branch it Hoogkung, which was managed by | 2g00t was held out as having a general author- !ta reputation is conceded. It is palatable 'a ons Exorst Freyvogel. For the purpose of do ity on behalf of his principal to do, and, of honey and contains the nutritive and curative ing business with Chinese custe mare, there was course, the party préjudiced must have belle properties of Pure Cod Liver Oil, combined carabi shed a department in the defendantsed in the existence of that general authority with the Compound Syrup of Hypophosphites Hokong bank, managed by a Chinese official, and been thereby misled. fo other words, if and the Extracts of Malt and Wild Cherry. styled a "Compradore," with the aid of two thasgect he held out as having only a limited Nothing har such a record of success in Scrofula, Captain Sachs, having arrived, Consignees Chinese cashiers and an assistant, also officials authority to do, on behalf of his principal, acis Anemia, Throat and Lung Troubles, and of Cargo are bereby informed that their Goods of that bank and in its employ. The powers, of a particular class, then the principal was not emaciating complaints and disorders, that tond are being landed and placed at their risk in A. SHELTON HOOPER, duties, and obligations of the compradors were bound by an act done outside that authority to undermine the foundations of strength and the bazirdous and/or extrd-hazardous GodownI Secretary to the Hongkong Cand lavest enumerated and dracibed in great detail in an even though it ba ̈no act of thái "particular vigour.., Ito use helps to show life's brighter of the Hongkong and Kowloon Wharf and Go-

ment and Agency Co, Ltd.

indenture entered into by him with the bark or class, becaure, the authority being thus represide. Dr. H. L. Reddy, B. A., M. D. L. R..C.dows Company, Limited, whence delivery may Agents for the Kowloon Lasd and Building Co, Ld.

the purpine of giving necurity to his employers sented to be limited, the party prejudiced bad S., Edinburg,L. R. C. P., London, Physician stained against Bills of Lading counter», for the faithful discharge of his duties. In that notice and should ascertain whether or not the Bishops College, Canada, says: "I have much notice to the contrary be given before TO

Woman's Hospital-Professor University of

signed by the Undersigned, [139

Optional Cargo will be carried on unless deed it was expressly provided that "He is op act was authorised. no account to borrow or lead any moray or se

DAY. curity for money on account of the bank, or in any way to pledge the credit thereof, withe ut the

F. broars (both days inclusive), during which period no transfer of Phares can be registered,

By Order of the Board of Directors,

senekary, 28th January, 1910

Notice of Firm.

CHARGEURS REUN'S,

BY Mutual Agreement between the Com

pagnie des Messageries Maritimos and the Compagnie des Chargeurs Réunis, the HONGKONG AGENCY of the CHARGEURS BRUNIS will, from the tit laneary, 1910, be transferred to Mesri. P..A. LAPICQUE & CO. (Qiten's Building No. 4).

CHARGEURS REUNIS.

P. A. LAPICQUE & Co.,

----- Agenjo. ----- MESSAGERIES MARITIMES,

P. THOMAS,.

Agent.

Hongkong, 29th December, 1979.

Dentistry

1876

All Claims must be presented within ten days of the steamer's arrival here: after which date they cannot be recognised.

No Claims will be admitted after the Goods have left the Godowns and all Goods remaining undelivered after the aeth inst, will be subject to rent,

In their Lordships' view there was, no ́avid-pleasure in stating that I have used it la cases ence that the fraudulent.comparadore bad, or of debility and have found it to be a very was believed to have, or was held out as hav. valuable remedy as well as pleasing to take written crment of the manager, agent, or altering, any authority beyond the strictly limited You can take it with the assurance of getting ney for the time being' in charge of the back onu mentioned, "He was authorised to arrange well. It never disappoints. Sold by all in Vongkong first bad and obtained." From the details of, the negotiations for the "tele-cherutsta the prol-evidence given at the trial it was graphic transfers" of motoy to be submitted olearibat the compradore had got authority to to the manager for approval, money for the HONGKONG GENERAL CHAMBER OF be left in the Godowns, where they will be receive in behalf of the bank, frem its cus purpose of uch'aragfejs until those details had tomers any sams by way of deposits, ar lodge been so submitted and approved of-le, until a ment to the credit of their account, or for the bluding contract bad baen estared into“ by' the purpose of financing by anticipation contracts manager on behalf of the banke, so transmit the for what was styled in the cass "elegraphic money on the terms approved of when received.

COMMERCE. -

NOTICE.

trap sferi" which might subsequently--be enter. The bank had not, by any negligent or; impro- ANNUAL GENERAL MEETING";

ed joto belgeen the bank and those customers, The authority of the compradore as agect of the bank was limited in all those respeels,

per act on their pait, allowed the comprador to ba apparently invested with an authority be- yond or greater than the limited authority which the plaintiff knew biņi to possess." Everything which he was by them permitted to do from the beginning to the end, of the busi ata was as consistent with the exercise of that limited authority. There could therefore bo. any estoppel against the bank lo respect xf" any ́‚of" the stops. ip the transaction, since they FLOOR,

had not done, or permitted, anything by which the plaintiff was deceived. It was contended by ve Duke of behalf of the respondent, that in dealings such as these which took place in this

10

of the Members of the Hongkong General Chamber of Commerce will be held on MON DAY, the 31st January, 1910, at 4°E.M., pre- is in the CITY HALL for the following

purposes:

(1) To, receive the Report and Accounts of the. Committee for the year ended 31st December, 1999.

(a) To alect a Naw Committte. (3) To transact any general business.

By Orderi

E. A. M. WILLIAMS, Secretary. Hongkong, 24th January, 101

TELEGRAPHIC TRANSFERS. The action arose out of negotiations which took place on January 3rd, 97, in respect of are of those called telegraphic transfers. The Dature of tifose Tranactions was thin, A cus tomer at Hongkong, desiring that a certain sum should be paid to his nominee at Shang hierher place at which ihn bank (the de fe: dants) had no ríffice, estéred into a contract or arrangement with their Hongkong branch U.S.A.ha, ie ensideratite of the payment by bim 10 that brar ch, of i'sum which at the cur rent terms of exchange at Panglong would case with the Chinese customers of the bank, LI {represent the wylue there of the sum to be the comparadore was the biter ego of the mans- aid elsewhere, plus a certain prefit to theger, and that as thỏ plaintiff's money bad bank, the latter undertook to arrange by tele-admittedly been handed to him, and the receip! pb for the payment of the sum speciofit acknowledged by the proper bank official fied at the place nimed to the castomer's la the compradore-department, it must be taken somiace. to the case of a pative Chinese cos to have been received by the bank, was' now piner like the plaintiff, the negotiations leading held by them, and should be returned to the up to the making of such a contract were carri- plaintif Their Lordships thought that that r'dan through the compradore. The customer contention could not be sustained.

Dr. M. H. CHAUN, DENTAL SURGEON;. 33, QUEEN'S ROAD CENTRAL, 1ST FÅ

Rooms 1 and 3,

From the University of Pennsylvania,

Telephone 116. Hongkong, “th January, qts

TSIN TI G.

LATEST METHODS OF DENTISTRY,

STUDY No, re, (9'AquilaN STREET,"

REASONABLY FILS.

Cogenheizme` Ving

COLLARS,

TIES,

flongkang, 19th June, ring

For Sale.

SOCKS,

FOR SALE

AT

HATS,

&c

UNDERWEAR.

BOOTS,

SHOES,

GRACA

27, DES Vœux ROAD.

D

CAPS, ASTATIC POSTAGE STAMPS

WAISTCOATS,

ETC., ETC., ETC.

Now

Proceeding.

28, Queen's Road,

Hongkong, 19th January, 19ʻ0;

and

VIEW POST CARDS.

Stamps in Solo, Packets, Bags and Single. Assortment of Stamps and Post Card

Albums.

Postage Stamps Catalogues for 19 0. Stock Books, Duplicate Pechat Books, Transparent Envelopei.

Tweeters, Magdifying Glasses, Perforation Gauger

Nevels. Pooks for parlour and Bousehold ure. Toy Pooks for Children.

Prayer Books. Religious Pictural, Pendants, Medals Statuettes, Flower Seeds,

Relial Serpt and Scrap Album.

MANILA CIGAR AND CIGARETTES.. &c,

&c.,

Inspection invited, Hongkong, 11th Jaounty, roid,

&c.

PABST EXTRACT.

โรง

On the

or ver came into contact with the manager, Mr. whole they were of opinion that there was so. Freyvogel, and usually never saw the docu-evidence to support the finding of the jury on ment. which formed the basis of the context the third question left to them, that the appel though it would be shown to him if he asked lants were therefore entitled to have the judge for it. The Chief Justice had stated, in their ment entered for the plaintiff in the action set Lordships' opinion quite accurately, what was aside, and judgment entered for them with the true position of the compradore. The costs, and this appeal should be allowed. They compradere' was the bank's intermediary with would hambly advise his Majesty accordingly Chinese customers, His duties were to make Revlog come to that conclusion, it was with them those contracts which the manager unnecessary for shoir Lordships to deal with the authorlted him to make and nose other. As question of the alleged misdirection of the The Chinese customers were usually seen only Chief Justice in bis summing up. They thought by the compradore, the manager's only means it right, however; to say that while he sum ol kac wing whether the latter accurately carried marised the evidence with the greatest out his inmauctions consisted in the written do clearness and accuracy and directed the cuments banded to him by the compradore. Jury's attention to most of the material The agiharity given to the compradore caly ex-points he appeared to have failed to op torded to arranging with the customers the preciate how inapplicable the doctrine of those details had been arranged, the contract the agent's authority was, to the knowledge of details of the proposed transaction. When holding out" was to a CAVS in which embodying them must be submitted to the the person dealing with him, limited, and that

of recognise any contract which did not bear mansser for his approval. The manager would

his initials. Te appeared to their Lordships that it would be difficult to devise any method of transacting business of that character more calculated to Nord no real protection to the Chinese customers of the bank or to afford greater facilties to the compradore, its officers to commit frauds upon, these customers. It was not surprising that he crailed himself of his opportunities. The respondent alleged'ibat, on January 3rd 1607, be requested the bank, through the compradore, to remit to Shanghal by telegraph, and paid to the compradore with That view $40,961 jo, and that the bank gave bim a written acknowledgment of the receipt. The money was not transmitted to Shanghal, and the respondent sued the back to recover the m.ney so fald to their agent, the com.

HE best TONIC for keeping in perfect | pradora.. THE

health in the Tropics.

It is a liquid food in predigested form, con taining all the bracing, soothing and toning effects of the choicest hops, Nearly Noo alcobolic,

Highly reccmmended by the local medical profesion in cases of Debility after Malaria, from overwork, or biker causes, Aramis, Harvonines or Dyspepsia, Sempits on application,

ALSO JUST RECEIVED- PABST (American) BEER, in barrels of 120 battles. In view of the arrival of the Americas first in a few days, please order | early, as our stock is limited,:

SIEMSIEN & CO, Agante,

practically to misdirections, by which they by reason of that his observation to the jury, at several portions of his charge, amounted might possibly bave been misled, though it was by no mesas clear that they did not, in fact, fully understand the nature of the ques- the costs of the appeal. ticos left to them. The respondent must pay

QUELTIONS FOR THE JURY. and a special jury of six, The Jadge left to The case was tried before the Chief Justice them three questions, v. (1) Did the bank, in fact, instinct the compradore to transact ex- change business wish Chinese costomers in any 'other way than by receiving special authority in ach case to do ro) (a) Was thers such authority given to this case? and (3) Did ike bank pot the compradora in such a position that be could pretend to the plaintiff that he had the necessary, anthority to coceira the money, and, if so, did the plaintiff, believing he bid that authority, hand over the money to the com- [pradore, in, that ballet? He fnstructed them that, he would stiame they would answer the Arst two questions. In tha pagative; but that, if they "answered the third in the affirma/lvd)| they should-dad a verdict for the plaintifıp ii.

THERAPION MAY NOW ALSO BE OBTAINED IN DRAGEE (TASTELESS) FORM.

SELF OURE NO FIOTIONI

MARVEL UPON MARVELS 伪 NO SUFFERER ་

NEED NOW DESPAIR,

lithout running a doctor's bill or falling into the deep ditch of quarkary, may safely, speedily Abi sezonically cure himself without the know badge of a second party. By thefatroduction of THE NEW FRENOM REMEDY

THERAPION ·

14 complete revolution has been wrought in thja department of malica) sciases, wallas thousanLI bara hsen restored to banish and happiqnie wida for years previously had been marely dragging Got glasrable Palstances *****HERAPION No. 1-The Sovereign

ismady for tlcharges, supersading isjec. * Most of which dosa fitoparabla Sarni by

·layer the foundation of stricture and other

rious diasasen.

THERAPION NO. 3-The ovarie

kamitoy for primary and secondary la eruptious, alceratione, pains and swelling of the jalats, and all those complaints which maIENTE Cand naresparilla ere popularly but acrognatily supposed to curs. The preparsilas buries the whała system through the blood and thoroughly Mininales all

HERAPION ter from the body.

No, 8-The Sovereign- Meinedy for deally, narvonsmást, lampaitad giality, sleepinnanana, dinasty and incapacity for

of lose and Indiguéian, palop in the back and bendy.. Målsorders roryžting Irons, disalpation) early ag

"Canine kin Which Lin faculty so pesulatantlyžinoma, · ·

ijë impotest to cure of gros pellere.

Jofriacipal

THERAPION

Is from 10 Louiero Medidan Cou

kan Keglans. 1/9. In orderfagy usate, which of STRERATION! Appäsi. En. Bijisk: Gloves

FURNITURE WAREHOUSE.

[133

2

All broken, chafed and damaged Goods most

examined on the 28th idst, at 3 P.M

No Fire Insurance will be effected by ar in any case whatever.

HAMBURG-AMERIKA LINIE, Hongkong Office. Hongkong, 24th January 1910,

(129

"SHIRE" LINE OF STEAMERS, " LIMITED.

THE

NOTICE TO CONSIGNEES.

FROM EUROPE,

“HE Company's Steamship

"CARMARTHENSHIRE," having arrived from the above Ports, Consignees of Cargo are hereby informed that their Goods are being "landed and placed at their dak in the Hongkong and Kowloon Wharf and Godown" Co's hazardous and/or extra hazardous Godowas at Kowloon, where each consignment

can be obtained as soon as the goods are landed.

KWONG LOONG & CO., Gironed out mark by mark, and delivery

。

CASINET-MAKERS AND ART DECORATORS,

from Shanghai, has re-opened their FURNITURE STORE

No. 39, DES VauX ROAD ŰENTRAL,

The only Shop la Hongkong with this name

Wry description can be made to XHERE HIGH-GLASS, FURNITURE

order le any design required.

Have been patronised by the Hongkong Mestre, A. S. Watson & Co., Firms and other Club, Hongkong Hotel, Telegraph" Co.,

whom reference can be made as to the 1Jlog Kstablishments, in the Colony, 'to

Superior Workmanship and Materials of the Foraltare, &c, supplied,

?

Marsrs. A. S. Watson & Co., Ltd," write as followi:--

Goods not cleared, by the 'and Feb, at 6 A.H., will be subject to rent.

No Fira Insurance will be effected by us in any case whatever.

All damaged packages 'must be left in" Godown, where they will be examined et 9.30 AM. on the rat prox. No Claims will ba

nor will they be recognized if presented after admitted, after Goods have left the Godowa

to days of the vessel's arrival here.

JARDINE, MATHESON & Co, Ltdy.

Agents Hongkong, 16th January, 1910, [137

NORDDEUTSCHER' LLOYD, BREMEN

· IMPERIAL GERMAN MAIL LINE.

NOTICE TO CONSIGNEES.

"We have pinanore to stating that Mr. LITB Beamship

KWONG LOONG furnished the AnnoxO to our Dispensary and gars as ovary satĺk» faction,"

(Sd.) A S. WATSON & OC.

"YOROK,"

baving arrived, Consignees of Cargo are hereby Informed that their Goods, with the exception agth May, 1891.".

of Oplum, Treasure and Valuables, are being landed and stored at their risk into the hazardous ORDERS punctually attended to, and and/or extra hazardous Godowns of the Hong- CHARGES most madorate,

AN INSPECTION INVITED. Booking (95 Enema, vent

Consignees,

NOTICE TO CONSIGNEES. Steamship" KNIGHT OF THE THISTLE"

FROM TACOMA, seattle, vancOU- VER, YOKOHAMA, KOBE AND MOJI,

НЕ

THE above Steamer having arrived, Con- signees of Cargo are hereby requested to sand in their Bills of Lading for countersigna- ture and to take immediate dillvary of their. Goods from alonguide.

Cargo impeding the discharge of the Verse! will be landed, and stored at Consignees, risk and expense.

No Fire Insurance will be affected by us in any case whatavar.

DODWELL & CO., LIMITED, Agents

Hongkong, 23rd January, ryto.

Irgo

BANK LINE, LIMITED,

NOTICE TO CONSIGNEES. STEAMSHIP “OGBANO," FROM TACOMA, VANCOUVER, YOKO, HAMA, KOBE AND MOJI. THE abore Steamer having arrived, Cos- Triguber of Cangor daring arrivequested

to send in their Bill of Lading for counter- signature, and to take immediate delivery of their Goods from alongside,

|

kong and Kowloon Wharf and Godown Dom- pany, Limited, at Kowloon, and West Point Godowas, whance delivery may be obtained;

No Claims will be admitted after the Goods kave left the Godowns, and all Goods remain. ing undelivarad after the 3rd of February, will be subject to rent,

All broken, chafed, and damaged Goods are to be left in the Godowns, where they will be examined on the 3rd of February, at OSOAM.

All Claims. must reach us before the 7th of February, 1910, or they will not be recognized.

No Fire Insurance will be effected.

|_ Bills of Lading will be countersigned by the Undersigned.

NORDDEUTSCHER LLOYD,

MELCHERS & 0

General Agents.

» Hongkong, syth January, 1910.

· NOTICE TO CONSIGNEES,

FROM SINGAPORE, PENANG'AND CALOUTTA

THE Steamship THE

"JAPAN,":

having - arrived, from the, above Porti, Con- signeas of Cargo are hereby informed that their Goods will be delivered from alongsidaja

Cargo impeding the discharge will be landed at once, at Consignees' risk and expense,

Cargo remaining on board after 4 PM, of the 29th fast, will be landed at Consigness risk and expense.

Contigones of Cargo from 'SINGAPORE" and PENANG are requested to take M MEDIATE DELIVERY of their, Grods (primide, auch Cargo impeding the die charge of the vessel will be landed and stored

Clone zases risk and expense, pro No Fire Insuranca has been affected,

Cargo impeding the discharge of the Vessel will be landed and stored at Consignees' risk and aspenser DLA MNEA 18

No Fire Insurance will be inacted by uî în:

DODWELL & CO/LIMITED,

• Bille of Lading will be countersigued by

DAVID BASSOON:

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