1911-07-29 — Page 9

*

WAS THE AGREEMENT

BINDING ?

RESUMED APPEAL

THE HONGKONG TELEGRAPH SATURDAY JULY 29

forward to new edcount", 24, 128:00

What is the effect of the contract COMPANY REPORT. 19 le carrio of the 11th January if it cannot be proved? You will find that'! the verbal agreement being in- valid; inasmuch as it is not in writing and does not satisfy the Statuto of Frands, the original written contract stands. -

#gregment

The Hongkong. Canton and Macao Steamboat Co., Ltd. The following is a report of the Burd of Directors "of the abovej named company":→→→→

Cr.

164,428,80

$102,555.37

30 June, 1911. By ansient bought for-

srail from last novcun!......$ 20,000.00 liyat carnings of stemmer 187,176.22 by income from luvestiments 36,309.16

lly transfer feeN

Board and submitted in to neunl form,"

Board.

In furt thio

Governmont 70.00 Gazotto" of 7th July records the fact that they were nude by the Sanitary Board,

KID2.085.87 Depreciation and Insurance

Fund.

Dr. 30th June, 1911.

Mr. Potter's Submissions.

Before a full court Wodnesday,

The directors beg to submit to the hearing of the appeal in which Put it in another way. Take Li Po Hung was the appellant the contract, which must be in the shareholders the report and und Li Ling Shi, Li Tsing Pak, Liwriting to satisfy the Statute of statement of accounts for the half Po Ling, and Po Ling were the Frauds, and is reduced to writing. your ending 10th June Jast.

After paying running expeuses, respondents, was resumed before Subsequently a verbul : Sir Francis Figgott and Mr. Jus-is come to varying that contract, Bulacics, premia of insurance, re- tico Comportza

The verbal agreement is invalid pairs and all other charges there. Mr. C. G. Alabaster us counsel because it is it in writing, and romains, including $20,000.00 for the appellant asked that judg-the written contract remains bo- brought forward from. ment "delivered in the action en cause apparently, you cannot account, the sum of $104,128.30 balnnes March 3rd be roversed and that rescind or substitute ariavalid atcródit of profit and lossaccount. From this amount the directorsi it may be judged that the plain-contract for a valid one.

recommond that a dividend for tiff recover against the respon-

the half-year of one dollar and dents' contribution in respect of the sum of $88,212,10. and in-

twenty-five cents per share or lly anant at grelit...$630,000.00 $100,000 bo paid to shareholders, tuiest theroos as claimed in the

$630,000.00 writ of summons in this case and

$20,000 be written off book value

Agreement Good and Binding The Puisue Judge: It is nullity.

a

瓷

Mr. Potter: Yes, it is a mullity,

last

Now us to the merits of the retention or deletion of the words by the Sanitary Board I have nothing more to any and if the

1911

THE LATE FATHER POLETTI

288

COMMERCIAL,

Shanghal Share Report.

shures ut homo.

Banka.-H. & S. Banks. No change; rates steady at $17.1-2. Insurance-Yangisza. Insur- auce. Stondy at present quota-

tions,

The Council therefore approved

'An Impressive Funeral. them without having them in

Messrs. J. P. Bisset & Co, suy : their hande previously for ex- The mortal remains of the late-Gonorally sponking the tons of aminition and being given to un-Father A. Polotti, of the Roman the market has beon porcoptibly derstand they were made by the Catholic Mission, who died at the fitmer during the past wook. Rub.. Government Civil Hospital on bers in a number of casos slowed Monday last, were laid to rest in advaucoupon provious quotations, the Catholic Cemetery at Happy probably due to the improvement Valley yesterday afternoon. In in the price of rubber and rubber the morning a requiem muss wus hold at the Cathedral of the Im

nulate Conception and in the afternoon the first part of the ...$630,000.00

burial service was held at the

Shipping-Sales of ordinury $630,000.00 Board had retained them Ishould

Cathedral. The funeral started Tags Toportel at Tls. 20 and have bowed to thoir decision.

from the saurod edifice at 5.30 Koulions at Tls. 30. Markot very The grievance I complain of is:-That an act of the Board P. Immediately following the quiet.

Docksnud Wharves-Shanghai hoarse was tho Rt. Rev. Bishop and Hongkow Wharf. Sales havo after full discussion is unconstitu-

Pozzoni who was chief mourner. been done during the wook at by the Legislative Council or Fis $25,000.00 Excellency the Governor but by some Department of the Govern- mont without a reference back to the Board or without even in- forming the Legislativo Council; $250,000.00 | that the words complained of had Special Repairs Fund. been by Special Resolution dis-

Dr.

approved of by the Board, 20th June, 19H.

The President of the Board

Cr.

31 Pecember, 1910.

his costs of nation and of this up but the writton contract remains, of steamors. $5,000 be written Equalization, of Dividend Fund tionally and illegally aut usido notis Lordship was supported | prices ranging from Tls. 82 to Tis.

poal to be taxed."

binding the parties.

off wharves and proporties, $10,000 be transferred to depre- ciation and insuranes funds, $5,000 be transferred to special | pairs faut, leaving balance of $24,428.30 to be carried for- ward in new account.

Dr

30th June, 131.

To balance 40414

Cr

$270.000.00

ist Dember, 1910., By amount at credit ......$250,000.00

The case concisely stated By

Provec-ling, Mr. Putter said :- Mr. Alabaster was that the parties To show you that the decision were brothers suing ouch other, of the Court below was correct plaintiff sing his brother and there is o additional reason his mother-she might be a

why the judgment is correct. concubine-but the male doThis is a contract in which the

There is nothing of special in- fendunts were the sons of the doctrine of part performance terest to report in connection with Lato Loo Sing. One of the applies. I now assume the con- the working of the steamers. The sons, Li Pok, contracted a

tract must be in writing, and sal overlinis and repairs have number of dobis 21 the

that being so, although the co-been effected during the half-year time when he was manager of the tract ought to have been in writ and the steuners are all in good To Sundry bursements $4,919.50

To Bilance..... Lip Hoong Hupk; and

ing to satisfy the Statute of running order. was brought to bear on various Frids, the Court will' enforce members of the family to pay his that contract, because it has been debts, and eventually a lotte of guarantee was signed in which part perforint. The authority

pressure

Mr. R. Shewan resigned his seat on leaving the Colony.

4.18.statos:-

;

Mining. No business reported. Lands. Shanghai Lands wore done at Tle. 93.1-2 with inquiries for more at this rate.

Plantations-Almas doclined

by Rev. Fr. A. Placzek, 84.1-2, the market closing firin close friend of the late Fr. Poletti at the latter figure. and Father Banque, ·· Following the principal mourners were the members of the Catholic clergy, Rov. Bro. Christian, Director of St. Joseph's College, and the steadily to Tle. 7.1-2 and aro whole of the European staff, the wanted at this figure. Anglo- Sisters and girls of the Italian Juvas showed a marked improve- Convent, a largo number of tout duo to the reassuring Chinese converts from the main-report just issued, and advanced 1. He was not aware of the land and friends. Arriving at rapidly from Tls. 5.3-4 to Tls. 7, sales being offected on the 18th the Monument the mournful pro- addition before it was submitted to

cession was augmented by a con-at this rate. Sonawangs declined |the Legislative Council.

idorable number of followers re- from Tis. 30 to Tls. 25 and remain For this is found in MeManns of association Messrs. F.A. Gomes il members of the family guar-Cook that lays down definitely and it. Fahrmann retire from the By Amount of Crodit......ed by the authority of the Colonial organisations

2. That the words were reinsert-presenting the various Catholicinally at Tls. 26. Raton of

in Hongkong.

other rubber shares remain steady anteed to pay all such debts up to that the doctrine of part perhard by rotation, but being

Secretary.

When the hoarso arrived at the at previous figures, but in many $115,000. Paintill had, underformance is not confined only to eligible, offer themselves for re-

interest in land but applies to election.

It is extraordinary and incon- Comotory gate the collin, over casos a distinotly better feeling is. this guarantee, puid the sum of $80,000.

ceivable to me that the very words which rested the surplice and evident.

Cottons. Ewos aro enquired struck out by the Sanitary stole of the deceased priest, wore

lies from Fr. Poletti's district. tons at Tls. 51. Sales of Lagu Colonial Secretary unless he word asked to do so and as the President It so happened that a large num-Kung Mows are reported at Tls. Industrials-Langkats are a of the Board denies that he was aber of them were present in 54. Others remain quiot.

Hongkong to attend a conference and others came across from Sai- little easier at Tis. 97. Sules of king and vicinity. especially to Shanghai Gasshares were offcoted attend the funeral.

on the 12th at Tls. 107.

In accordance with the articles

Mr. Eldon Putter uppoured for any contract which the court of The retiring auditors, Messrs.)

three of the raspondents,

Mr. Potter Answers Mr.

Alabaster.

*$ 8,90000

Bist December, 1910

* 8,233.35

oquity will grant specific per- 3,0'; Gourdin and W. Ilution] OUR LETTER BOX. Hoard wore re-inserted by the drawn out by sight Chinese catho- for at Tis. 67.1-2. Shanghai Cot-

Potts, offer themselves for re- election.

Balance Shoel

Labilities.

Jane 30, 1911

formance of.

I submit that this is the law. When the case came up for hoar-The contract nood not bo in writ ing this morning, short discus-ing sign onsnod lutween the Puisne My friend says it is void, and Jadge and Mr. Potter as to the invalid. I subtuit the finding uittance of certain documents, of the court below is a good one, Then Mr, Potter, opening, mid:—had that the family agreement is

At the lastsitting of the Court a good, binding and proper one. Amount at Crait of He- I submitted to you that there was

no necessity for this ngroomont to

Just before adjourning for fillin, an argument ensued as to

·

$

Antus of Ospital, 80,000 shares of $16 each fully paid up....... 1,200,000,00

preciation and lussur- ance Fand.......

nt Credit at Equalization of Divi- dend....

bo in writing because it did not the admissibility of certain duct-unt come within the Statute of Frands, monts. On resuming after the

rostinent

Account

Fluctuation

C10,000.00

250,000.00

[The opinions osprossel by our correspondents are not necessarily those at "The Hongkong Telegraph."}

Mr. HOOPER'S RESIGNATION.

[To the Editor of the "Hongkong Telegrapu."]

party to it. Who did so? and Why?

The powers of the Board huve uf lato years been so considerably. curtailed in a constitutionai mun-

A procession was then formed; ended by the Bishop in his mitre

Behind

Tls. 50.1-2.

יג

wanted, especially

Rubber Quotations.-London

Miscellaneous. Tolophones ner--which had to be inevitably

changed lands at Tls, 64 and Tls, his Lordship walk 5 Tramways. Business done. Sir,-As I have now received aocopted by the Board-that when His Excellency the Governor's its actions are set aside irregularly the Italian Fathers, follow-als. 50 and more are wanted at I feel that howover much I may ing whom were the priests Dubontures. All good deben- acknowledgmont of my resigna-

Missions Etrangeres, tion as one of the members of tho wish to assist, for the general good of the

of the public, I cannot waste my

the Spanish Procuration and tures are Sanitary Board elected by the time at a public body working others of the Benedictine Order, Municipal and Gas. 81,610.70 community, I desire to communi under statutory powers when such Then came the coffin, followed

cate to them the reasons for ro treatment as above indicated is by the hundred odd natives from quoted Para Rubber, fine hard 421385 signing six months before my moted out to its members.

the interior, the European friends curo, spot or near, on July 5, 48. 44.00 term of office expiros..

For those ressons I would ask of the deceased brought up the 2d. buyers;, 4s. 21. valuo; 7, 4s. 21,814

69,380.70

On the 20th June the President you to elect some other member rear. The Convent Sisters and value; 8, ds. 3.1-2d. buyers; school girls in their uniforms 10, 4s. Gd, layers; 11, 4s. 10d. submitted to the Board a new set in my place. of Draft Bye-Laws relating to fit and Loss Account... 164,428.30

Sterling Quotations.-TheT.T. lined up in double file on either value. side of the gravel pathway from the gate to the graveside. Besides Rate on London to-day is 28, Bishop Pozzoni, who road the

The following is the business impressive service there were also present:--Rov. Fathers L. Ro-orded- hert, F. Naval, procurators of July 7.-11.&S. Banks $17.50 the French and Spanish Missions, cash. Fronch Municipal 6 per respectively; Senhor J. J. cent. debentures TIs. 103 cash.. Leiria, Consul for Portugal; Saugalas Tls. 2.50 cash. Domi- Mr. Galuzzi, acting Consul nions. Tls. 25 cash. General for Italy, Mr. J. Osmund, Dutch Tis. 1.05 cash. Telephones Ordinances, 1003-09), and publish-

representing the European On-Tis. 84 cash, tholic Union; Chevalier Fran- July 8.-Langkata Tls. 97 chalı, ...1,062,000.00ed at page 180 of the Regulations of Hongkong, 1916, under the

cisco Tso Yat, president of the Tobongs Tls. 13 cash, Dominions Ts. 25 cash. Anglo-Juvas Tis. Chinoso Catholic Union and mem- 7,000.00 heading Scavenging and Con-

servanoy" are hereby repealed There was launched Wednes-bers of the Catholic associations, cash. and the following substituted day at 10a.m.from the Shipbuild-enced the service with the in-

The officiating prelate com- 8017.1-2 cash S. & II. `Wharf,

$2,808,573.

Assets.

June 30, 1911.

I just before the Court rose adjournment Mr. Potter drew at- quoted a passage from Chittention to a letter mentioned and nut Credit of In- ty on Contracts showing you dated March 8th.

case # contract, which

"It had boon snggosted by the Amount at Credit of Sipe- Heed not be written, had in fact plaintiff's solicitors," said Mr. cial Repairs Fund...... fon roduced to writing, you could | Potter," that a mortgage was Plaimed Dividends....... afterwards, by a vorbajugrṇenjent, made in pursuance of the family | Sundry Creditors.......... extoad, vary or qualify that con-agreement, and my friend contends Accounts Payable... tract as you plonso. The author-that the family agreement could amount at Crailjt of Pro- ity for that proposition is the case only mean the written agreement of Goss v. Lord Nugant. It is of the 11th of January. "If their important to notice that there was Lordships would look at the latter pusubstitution, as my friend would portion of the letter of March 8th

· favo your Lordships to hold. He that our clients were willing to suggested that by reason of this assist their brother in the settle- further oral agreement there was a ment of his affairs to thwoxtent of | Rubstitution of the oral for the 115,000 dolláre, that wald not written contract. That is not the mean the written agreement be- case, ns in pointed out in the case use it was only for 80,000 of Goss v. Lord Nugent: Take the dollars. It meant the written plus written contract, the family agroo-the verbal agreement,' jon pr any contract where there 3 subseqioni “verbal agree- mont extending it. The verbal agreement does not constitute now contrael, but take the old one the written contract and the subsequent oral agreement—the two together form a contract, The Puisso Judge: Yes.

Video of Stemets " Ho- nam,Hengshan," “Snj An” “Яúi Tai," and Hoi Bang," is of “ Kin-han," and frð of "Sainio," "Spo- ning,"bintas," and "Samui",

Value of Lighters “Sun

lec" nput" Woke Value of Wharves, Hylki

Stores.......a

*

Scavenging and Conservancy to replace the existing ones.

Before considering and making the new ones it was necessary by Special Resolution to repeal those ets.thon in force,

The Hopesling clause subunit ted in draft was as follows:-"All the bye-laws originally contained or since added to Schedulo B of the Public Health and Buildings

horefor:-

་་

In severing my connection with the Board 1 desire to express to His Excellency the Governor, the public and the President of the Board my thanks for the support they have given me in my enden- vour to improve the status and use fulness of the Board.Yours, etc.

A. SHELTON BOOPER. Ilongkong, July 20th, 1911.

NEW TUG AND SALVAGE STEAMER FOR TAIKOO.

36

4.3-48.

Anglo-

July 10-H. & S. Banks

"No Verbal Agreement " Mr. Alabaster rising said: My friend reljes very largely on. what he calls a verbal agreement.

and Moorings.......... 127,748.1 Not only has that verbal agree-Vale of Propertica al font never boon proved, but thero

Canton, Hongkon and

I approved of the repeal but ing Yard of the Taikoo Dockyard toning of the hymn "In Para-Ts. 82 cash. Anglo-Javas Tie, nover was any vorbal agreement.

and Engineering Company of disuum;' Wushow............... 117,806.77 objected to the words" and at page

then the "Kyrie 6 cash. Anglo-Dutch Tls. 1.05 Cbangs Tls. 3.1-4. casli, That arises from your Lord-value of Spare Gear and

480 of the Rogulations of Hong-Hongkong, ltd., a handsomely Leison" was sung, at the con- cash. 1,997.70 Mr. Pquer: If the Statute of ship's question as to the evidence

kong 1910."

modelled twin screw tug boat elusion of which the mourners Tobongs Th. 13 cash. Senawangs 1,000.00 Frauds applies, then of course you of verbal agreement. My friend Value of Furniture........

1. Rouse they were unnė.

រំ which

· been built recited the Pater Noster, the Tls. 95 cash. Semambus Tls. 50 could not bring in the subsequent was hard put to it to find Value of Shares in Public

Bishop leading. The Benedictus cash, Ziangbes Tls. 4 cash. Companic......... 713,978.00 .cessary, tho said yo-laws being verbal agreement and sat it any ávidondo at all, because, up as the agreement. The real submit, there never was any ans on Morgage... 158,000.00 complotely and accurately dog for service at the Dockyard and having been sung, His Lardship Pengkalans Tls. 16 cash. Almans Tls. 7.1-2 cash. Shanghai Lands proceeded to bless the corpso, cribed and set out in the Schedulo for salvage work. Hongkong and Shanghai

of the Ordinance itself which had The vessel, which is 100 foot at the conclusion of which the Tis. 33.1-2 cash, Tramways Tls. 44.555.39 boon upproved by the Legislative long by 20ft, Gin, beam by 13 ft. caskot was lowered into the grave 50 cash. Telephones Tis, 65 cash. July 11-8. & H. Wharf Tis.. 321.68 Council and published in the 6 in, deep, is fitted with two by deceased's own converts from 20,585.18Government Gazelle," being the large multitabular boilers and the New Territory. The whole 82.1-2 cash. Anglo-Javas Tle. 0.1-2 cash. Yangtszd Insuranco 17,504.00 only official record recognised by two sets of compound surface coromony was most touching.

the Courts of Law.

condensing enginos, and all the During his last illness, the late $200.00. 2. Because the book referred latest auxiliaries, and will de- Fr. Poletti spent a few days at the to I had never seen and as far as I volop about 1,600 indicated horse Calvaire whore he was most kind-83.1-2 and 84 cash. Anglo-Datob am uwareit is not a Public Record power; and will thus rank as one ly attended to by the French Tls. 1,05 cash. Anglo-Javas Tls. or evidence of any act of the of the most powerful towing craft Sisters, before being transferrod 6.60 cash Pengkulans Tls. 10 Legislative Council or of the in the East. Steam windlass, to the Cavernment Civil Hospital.eash. Shanghai Gas Tls. 107

caah. Sanitary Board admissible in astean winches, atear steering Court of law.

contract in this case is the written such agreement, and at last

Banking Corporation. pontract of the 11th January, plus he dug out two little things from

Carrent Account this subsequent verbal agreement, the judge's notes. Ilis caso is

Interest Actraal........... Substitution.

that tho vorbal agroanent was The Puisne Judge-What made between all the brothers Study Debtor......

Accounts Receivable....... evidence is there of an oral agree-exactly the same parties as inter Marino and Fire Jusas-

ested in the writton family agroc iment?

nice Premis nusxpired Mr.. Pottor: There is ample mont. That is his oase,

When we coine to see where the evidence, my Lord, and there is actual oral evidence of that oral verbal agreement sprang from, we And there is an find it referred to Ho Yu Ming's agreement, agrosment to increase the 80,000 evidence where he refers to a dollars to 115,000 dollars,

The Chief Justice, And to bring

in the two elder brothers?

It cannot be said that the con- more. But he would not. It in tract of the 11th January was not quite clear there was no verbal

0,013.01

$2,808,573.99

Profit and Loss Account. Dr. 30th Jung, 1911.

$1.25 por share on 8,000) shures......$100,ORCHI

gear have been installed and the

!

PREPARED OPIUM,

4

July 12.-S. & H. Wharf Tls.

July 13-11. & S. Banku $917. mooting where the written family

1-2 oush. S. & H. Whort Tiu. 84 agreement was signed; and it To amount paid for repara

to steiners and wharves.$ 21,877

I therefore proposed the dele-vessel has a large hold and heavy

and Tls. 84.1-2 cash. Tugs (ord). appears in the judge's notes,

[ii] To directopa' and anditars

tion of the words complained of, mast and derrick for salvage To be Taxed in the Interior.

Tia. 20 casli. Kochina Tle. 30 Mr. Potter: Yes; reference is some days after the meating,"

4,75004 which on being duly seconded, work. Quarters have also been made to the elder brothers in the Mr. Ho Yu Ming had an inter-

view with the plaintiff endeavour T, dividend of

Balanco to be appropriated, riz.: the Board ordered the words to arranged for carrying a largo THE "TELFURAFE" COVERSPONDENT cash. Lou Kung Mowe Tla, 54 evidence somewhere.

Canton, July 25. cash. Gula-Kalumpongs. Tis, II be struck out. The President of silvago party, Continuing he said:

ing to persuade him to subscribe

H. E. the Viceroy isinreceipt of 3-4 cash. Java-Consolidateds the Board informed me that the The launch was witnessed by Bye-Laws and the repealing a large party aprong whom were a despatch from the Ministry of Tls. 4.1-2-onkh. Anglo-Javas Tls. clanse were sent to the Govern-Mr. D. Macdonald, Mr. John Foreign Affairs to the effect that if 10.00, 0. 3-4 and Tis. 7 cash. Tolo- ment as amended by the Bour. Lambert, Mr. J. Von Reiron, the authorities could intraduce a phones The 15 cash,

On the 6th July-1 days after Mr. J. Nailson, Mr. J. Finlay tssation on prepared opium in the Board mude the Bye-Laws Miller, Mr. A. Ritchie, Captain the interior without applying same

The telegram quoted below the Colonial Secretary at the Lo Douglas, Captain Arthur, Mr.to the treaty ports, they are at gislative Council in inqving the Van Zuyton, Mr. Murray liberty todas. H. E, the Viceroy was received at the American D. Templeton, as instructed the Anti-Opium Consulate (ionera!, Hongkong, approval of the Council stated Soott, "Thus the Byo-Laws only reached Captain I. Innos, Captain J. Buron to consider the mattor and from the Manila Ubservatory at the office a short time ago and Sutherland, Mr. J. Lennox, Mr. soo whether tendera can be invit-11.25 am:Manila, July 25, that it was not possible to get M. Murray and Mr. G. M. Young, ed for the collection of the tax for 10.45 a.m. Cyclone or typhoon them in the hands of Hon. Mem. The launching ceremony was the Government. The Anti-W. of Balintang Channel moving bers previously-I understand gracefully performed by Miss Opium Bureau is drafting the E.N. E. Cyclone ur syphoon F, of

Nahn inclining northward.”: regulations. they were passed by the Sanitary Roy McGregor.

off bek valtio

of steamers, 20,000,00

The family agreement |

off book yalyo of properilen and whatyos

5,000.00

a sufficient contract. The written agreement between the brothers To be written contract of the 11th January ol to subscribe any larger amount. viously is a proper contract and As rogardad the latior of March entisfies the requirements of the 8th, the mortgage was given in To be written Statute of Frauds. That is to say, pursuance of the family agroo- assuming for the sake of argument ment." that the contract must be in writ-refers to lie written agreement, To be endod ing, then as my friend has con-I want to make that clear, because tended, possibly the verbal agree-it knocks thoir case out, They mont cannot be provod.

depend upon the verbal agros- possibly" because inent. there is another reason why the The onse was proceeding as wo verbal agreement can be proved, wont to press.

I only say

4

་

to Deprocin- tion and In-

Barance Bund 10,090,00 To be ernied to Special Bo

pairs Ford 5,000.00

Air,

Typhoon Warning...

..