1911-12-02 — Page 3

AND POWERS.

THE HONGKONG TELEGRAPH SATURDAY DECEMBER 2 1911

to

DIRECTORS AND THEIR sary under the Act of 1008, nowin LIABILITIES, DUTIES force in England, that he should obtain his qualification within two months after his appointment, or such shorter time as tuny l "(Continued from last Saturday.) fixed by the regulations of the No clause similar to thisappears Company. It was similarly pro in the Companios Acts or Or-vided by the Act of 1900, the pro- dinances, and therefore it might visions of which have not been well be inferred that thero is introduced into Hongkong; but nothing to prevent him either from neither the Act of 1862, nor the votings, or from acting asan officer Hongkong Companies Ordinancca of a Company. It is, however, dif- require a person who accepts the ficult to conceive the likelihood appointment of a director toobtain of an infant being chosen by the his qualification within a defi- shareholders of the Company asnite time. It has, however, been oneofitadirectors. There appears decided in cases under the old Act to-be no record in any reported that "where a nisu has accepted case of this having been done, and the office of director, and noted itis therefore not proposed to deal as such, tliore ought to be infor- with the question of the liability of red an agreement between him -a person, appointed a director, who and the Company that he will happens to be an infant. It should serve the Company on the terms be stated that...as against the as to qualification and otherwise, suggestion that an infant may bo-contained in the Articles of As- come a director of a company," sociation” (Isaacs" caso (1892) there is authority (in re Royal 2.Ch. 158. See also Salton . New Naval School 1910 1 ch. 806) to Reeston Cycle Company (1800) the effect that where there is no1 Ch. 775). Therefore if the Artic- express provision in a statute les provide that the qualification as to the capacity, or otherwise, of a director shall be the holding. of an infant to become an officer by him of a certain number of of a corporation, and to take sharos, it is his duty to obtain part in the management of its af- thom. But although it in his duty. fairs, his ability to do so deponds to do so, the authorities under upon whether or not he is capable the old low (which is similar. of undertaking the duties of that to the present law of Hong- office which are contemplated by long) are somewhat conflict- the Statute. An infant may well ing on the question as bo capable of undertaking the whether he can be compelled to. dutios of secretary to a com-take up, and pay for, his qualifi- pany, but he can hardly be consi-cation shares, unless provision is dered to be capable of underta-contained in the Articles that he king those of a Director, whose shall be deemed to have agreed duties involvo entering into con-to take them. An attempt was tracts. And in the much carade-in the ease of In re Wheel lier caso of Claridge v Eva-Bullar Mines 38 Ch. D, 42 to lyn B. & A. 81 whore the hold a director

so liable, question under consideration but Lindley L. J. in that. Was whether or not an infant case aaid: "Tain one of those who could be validly appointed"think that the law on this sub- to a certain past of trust it ject is not on a satisfactory foot- was held that he could not be."big, and that it would be just Bayley J. aying: "a person who for a person who acts as director is not legally responsible for the to be held liable for the shares discharge of the duties of his without which he had no right "office, cannot, in point of law, beto act, it that does not enable "considered a proper person to us to infer an agreement to tako exconto it" and Holroyd J. sa- "them." But in a lattor cane ying; "a the law will not allow (Molineaux - London Brighton "an infant to act upon his own dis- dv., Co. (1902) 2 K. B. 580) it was "oration, so as to be civilly respon- laid down by the Court of Ap

sible for his own nets, it will not pol that apart from the Act of "allow him to be responsible for 1000 and "on principle, and apart "the acts of others."

"from authority, it seems to us The inference to bo drawn from that a person who accepts an the foregoing authorities is that appointment as director, know- although an infant may be a share-ing that the holding of a cer- holder, and may, under certain tain number of shares is a neces- circumstances, be a de facto direc-" sary qualification, and acts as tor by virtue of his being one of director, must ho hold to have the signatories to the Momoran-

contracted with the Company dum of Association, he cannot that he will, within a reason- exercise the discretionary powers"able, time, obtain the requisito of a director, and cannot therefore shares, either by transfer from bo validly appointed a director, oxisting shareholders or directly Ho may be so appointed under a" from the Company what misapprehension as to his true

nge, just as a clergyman might bo, undor a misapprehension as to his vocation, but after the dis- covery of the irregularity of his appointment it would not be con- sidered to be valid, and he could not be allowed to net.

+4

21

"

is a reasonable time must de- pond upon all the eircum- stances." 11

There is nothing to provent a ban rupt being appointed a Director of

Company 3

(To be continued)`

BOXING.

The first bout, in connection with the tournaments at the City Hali (Dawson v African, etc., Co. to-night will bo the ten round con (1898) 1 Oh, 6). But he must, Lest between Littlejohns, II.M.B. Ta-

|

“And you must

take Sanatogen regularly for

several weeks

This urgent advice is given by physicians every day, in every civilised country, to sufferers from Nervous Debility, Driin-fag, Lack of Vitality, Sleeplessness, Disordered Digestion, Poverty of Blood" and various Wasting Diseases.

Physicians know that Sanatogen is a true scientific compound of organic phosphorus and pure concen. trated proteid, forming a new substance which in eagerly and completely absorbed by the tissues and. possesses unique tonic and reconstructive qualities.

The Supreme Restorative.

Physicians can speak from experience of the great recuperative effects which Sanatogen has upon the brain, serves, blood and muscles. They have watched its revivifyług action upon people whose nervous -strength has beeu depleted by over-work, worry or disease. They have noted how Sanatogen gives lasting benefit, how it regenerates the appetite and digestion, brings back the bloom to the cheek, replaces wakeful nights by sound refreshing, sleep in short, enables the human machinery to perform its functions so perfectly that the patient loses his depression of spirits, gains confidence and courage, and finds life again worth living.

Fighting Malaria and Dysentery.

Apart from its value asa general tonic, Sanato- gen is of the greatest service to the physician la fight ng Malaria, Dysentery "and" other acourges of tropical climates.

On this subject, Dr. H. H. W. H., of Baba's Enral, United Provinces, writes :-" I have much pleasure in cartifging to the vale of Sanntogea in cases of Dysentery, Exterio Fever and other exhausting diseases. I have used it regularly in my practice for the part twa years, and in no single instance have I been, d'sappointed, with its resalts. I can honestly affirm that many of my worst cases owe their recovery to Sanatogen."

Try Sanatogen To-day.

At the head offices of the manufacturcks of Sanatogen there are filed more than fouriech thousand letters from practising physicians who certify to the value of Banatogen, Truly a magnificent monmucit to the value of this unique.toule-food i But no less impressive is the enthusiastic testimony of patients themselves. Thousands of well-known people in every walk of life have publicly testified to the wonderful benefits they have received from Sanatogen, and a few of their letters are reproduced here.

Beglu to take Sanategen to-day, and thus lay the foundation of new health and nerve force, You can get Sanatogen in Hong Kong from Messra, A. Watson & Co.; The Sincere Co, Ltd, 215/21, Vosveux Road; and of elf -Chemists,

Consignees,

TOYO KISEN KAISHA. NOTICE TO CONSIGNEES.

FROM SOUTH

S.S. HONGKONG MARU."

AMERICAN PORTS, HONOLULU and

JAPAN PORTS. . ·

Godowa Company, Limited, Kowloon,

The Hon. Mr. Juntico

Robertson, Judge of the Supremo Court, Lahore, Puhjak writes:My experience with Banalogen lins been very favourable. I took It for some months during the most trying season of the year, and found it a great strengthener,"

Sir Charles A. Cameren,

CuBy M.Dn st writes"Sanatogen is a substance of the highest nutritive value, contai ing

It

does a

a large amount of organic phos phorus, la exactly the form fi which it can be eaally absorbed. It is an excellent nerve food."

Mr. Shirley Tremearat,

Editor of "Capital," 98, Clive Sizeet, Calcutta, writes: "I cannot speak too bighly of Sannlegen,

not only kept me up during a sharp attack of fever, but afterwards re -stored me once more to fall vigour. In fact,

1 was better and stronger after this course of Launt-

ogen than before he Mitack."

110

"The Medical Tim'*"'- says "There doubt whaterer that the untrition of patients Laking Sanatogen in- proves wonderfully, dus, In all probability, to i being easy of assimila tion and to the organic absorbable phosphoru which it contain.

Sir Gilbert Parker, M.P., the popular Novelist, writes 20, Carlton House Terrace, S.W.- I have used Sanstogen with extraordinary bene.. fit. It is to my mind a true food tonic, feeding the nerves, increasing the energy, and giving fresti vigour to the over-worked body and mind. **

Prof. Dr. C. A. Ewald,

of Berlin Univerity, writes have used Sanjatogen in a number of cases, mainly of nerycus or cerastfient. origin, and have obtained excellent resul."*

Entimations

THE GENERAL ELECTRIC

CO..OF CHINA, LTD.

Telegrams: Sparkless

Telephono

518.****

18, Des Vous Rd., Hongkong.

HEAD OFFICE: 7 JINKEE ROAD, SHANGHAI, DIREUT AGENTS OF THE MANUFACTURERS

OF ALL KINDS OF

ELECTRICAL_MACHINERY, APPARATUS, FITTING ACCESSORIES, TELEPHONES, Wires and Cables, &c., &c.

1308]

RETAIL SUB-AGENTS—

WM. C. JACK & CO., LTD.,

14, Den Voux Road, Hongkong.

MANCHURIA OD

SOUTH

ARAILWAY

SHORTEST & QUICKEST ROUTE

~~{BETWEEN

THE FAR EAST & EUROPE, ria DAIREN, WINTER SCHEDULE.

(Effective from October 28, 1911.)

IHRICE WEEKLY EXPRESJ TRAIN SERVIUL, composed of excellently equipped. Sleeping, Dining and 1st Class Cars, is operated between Dairen and Ubangehan In connection with the Tmas-Siberian, Express Trains. and with Dairen-Shanghai Direct Steamer Barrice by the 8.8 Kobe Mara!! and “Saikio Maru" (each 2,877 tous) as follows:

Irt Ulass

FATOR

NORTHI BOUND.

Shanghai (Steamer) .............. Lv.

TIL95 Makden

11.50 Changshan

Thurs. Ban.

$40.00 Dairon(

...Ar

Bat. Tro

(8.M.B. Train)... LV,

8.00 ..

Sun. Wed. Fr.

...AT.

H

8.50 p.m.

12

J... Liv.

4.05 'n

"

J.Ar

10.80 "

17

89.8

(Russian Train). L. Harblue

11.50",

...Ac.!

*8.10.1.

Mon. Than. Bat.

State Wa

Stata,

Ex-

gon Ex.

AND

KOMOR

for Mon for 84 Moscow cow. Pet'g

State | Blats Wagon

Br

Like

and West Point Godowns, whenas KUHN

delivery may be obtained

Options! Cargo will be forwarded on unless intimation is received from the Consignees before Noon TO-DAY, requesting it to be landgil hare.

No claims will be admitted after the Art Curio Dealers:

Goody have left the Gódowns, and all

goode remaining undelivered after the INSPECTION INVITED..

7th of December, will be subject to

Che abpre-named Steamer having rent.

of course, acquire the qualifica-mar, and Seaman Heath, of H.M.Barrived, Cousignees of Cargo are hereby

side.

All broken, chafed, and damaged

No Fire Insurance will be effected. Bills of Lading will be counterdigued by the andersigned, by

Friday

A. KUHN,

Proprietor.

PHILHARMONIC concert.

tion which the Articles of Associa-Minotaur. The contest between Pri- natifled to send in thair Bill of Lading Goods are to be left in the Godowns, tion provide shall be necessary. vate Potter, K.O.Y.L.I., and Bands for countersignature, and to take im-where they will be examined on the The acts of a person who isappoint- od a director, but who is not quali-mar Shuter, H.M.8: Minotaur, will wediate delivery of cargo from along-7th of December, at 9.80 .. fied to hold that position, arothian take place, and should they ga

All claims must reach us before the Dec, 8th nevertheless valid until the defect the extent of the fifteen rounds there THURSDAY, the 90th Nov., at 5 pm, not be recognized.

Cargo remaining undelivered on 12th of December, 1911, or they will 9.15 p.m. in his appointment is discovered will be an interval of fifteen minutes. will be landed at Consignees' risk and and they

ara valid both as On the other hand, should the fight pense and delivery must then be between members of the Company be short and sweet, P. O Duna,

taken from Company's Godown. and outsiders, and alsoas between members of the Company inter 11.8. Minotaur, will mest Stoker affected. 86, and members of the Company Biggins to decide the lightweight au- and the Company itself. This Framacy, and the interval will be betite Goods have left the Steamer or Hongkong, 80th Nov., 1911 was held in the case last cited, tween this contest and the main down, and all Goods remaining and also in the later case of vent, Bill Lovis v. W. Hudson, British-Asbestos Co, Boyd R.A., which is a twenty three (1003) 2 Ch. 439. The decisions minute round bout. The booking at in these cases rested upon the the Robinson Piano Company close 12 noon. The first bout will take

No Fire Insurance whatever will be

No Claims will be recognised after

undelivered on MONDAY, 4th Deo, afternoon, will be subject to rest and landing charges.

All chafed and otherwise damaged Cargo to be left on board, or Godown

K. MATSDA,

NORDDEUTSCHER LI.OYD,

MELCHERS & CO.,

General Agents.

B.

PUBLIC WORKS DEPART- MENT.

[7.

construction of Section 87 of the place at nine sharp. Mr. Murdock. ang amination of same to be arranged. Aot of 1862 (Sec. 95 of the Hong-Moners. Jarding, Matheson and kong Ordinance).

All claims must be filed on or before WANTED for the Water Works MONDAY, 4th Des otherwise they Co., has kindly consented to act'as,

Branch CLERK to take The Articles of Association referee. P. 9. Smith will be .C. will not be recognised. of a Company almost invariably

charge of the accounts and correspond The twenty-round. bout between

ence Must be a good writer, quick stato what the qualification of a Jack Blackiero and Seaman Grant songkong, 27th Nov., 1911.808 and accosts at accounts and have a director shall be, and under what at the Empire Theatre should prove

Salary-$110 per month rising to good knowledge of office routine. circumstances his capacity to act willing right from the word

The mon finished their training oper-

#180 by $10 blennially?”.

Applications stating age, together

Bo.!!

NORDDEUTSCHER LLOYD,

BREMEN.

BOOKING.

LANE CRAWFORD & Co.

ANNOUNCEMENT,

ROYAL GEORGE HOTEL, KOWLOON.

Connecting Harbin with press (Litator pro

SOUTH BOUND.

from from Mow- Pet'g.Moscow BOT

B 9.80

Y11.50

Connecting at Harbin with -| pross press From

((Harbin (Russian'Irain).........Lv. - *12.00a.m. | Mọn, || Wed.] Fri

Changolian (

...At 8.40 p.m. 12 (8.M.B. Tnin)...Lv. 10.00

**

•

"

*

94

Malden

ท

14.95 Dairen

n

... Lv.

M

Ji.AT.

Steamier S... Lov

5.00... Tues. Thurs. 5.15 1.20p.m 20

Noon

Bat

Wed.

Bus

Fr.

240,00 Shanghai S...Ar

Russian Train Time is 28 minutes faster than S.M.E. Time. For instanss

J

6 p.m. by the former is 5.87 p.m. by the latter. Supplementary Charges on DAIREN-CHANGCHUN Service.. Experts Extra FRI......18.00.. SLEEPING CAR Supplexent...... Y5.00

ANTUNG-MUKDEN LINE-Opened for standard gauge trafio and ́ operating thrice weekly express service between Changchun and Seoul, changing

at Makden.

TICKET AGENCIES—The Company's rallway and stoutor Liskets, are obtainable at all the Agencies of the International Bleeping. Car & Expion Trains Co.; the Nippon Yusen Kaisha, Blianghai ; Mosers. Thos. Cook & Bon i and Reisebaroan der Hamburg-Amerika Linis..........

BAILWAY HOTELS-YAMATO HOTEL (Tel. Add. : “ Yamako "?) sk-

in informing his numerous patrons and pany's management.

"Mr. H, Buitonsce has much pleasure Dalten, Port Arthur, Mukden, Foshua and Changobun, 'all nuder the Come

the public in general that be will on

December 1 open Pabile and Pers

Dais and Billard Room in connection

SOUTH MANCHURIA RAILWAY COMPANY“. DAIBEN.

with the above Hotel, to be conducted Tel Add. “Mantatsa”. Codes: A.R.0. 8th. Ed. A. 154" Lisbar'a'

as a director shall cease. If by anyutions yesterday, and report them- IMPERIAL GERMAN MAIL with coples of tatimonials, to be sent | BTRICTLY ON CASH BASIS. Ho

chance the Articles are silent on the subject there is no obligationslves to be in remarkably fine fettle. The fight should prove most attraes

LINE.

NOTICE TO CONSIGNEES. THE Steamship

"KLEIST,"

on a director to hold any qualifi- tive, as the men are two entirely dif- oation at all, or to possess any ferent types of boxers. „Grant is big shares in the Company (Do Ru- and muscular, while Blackmore vignes Case 5 Ch. D., 300). The tithe and particularly olever on his qualification is generally stated feet. Although he will go into the fn the Articles to be the holding ring many pounds less than his op having arrived, Consignees of cargo are by a director of a certain number-onent, Blackmore possesses a sleep hereby informed that their Goods, with of shares in the Company, Where producing punch in either hand, and the exception of Opium, Tressure and this is so, and a person is appoinxpects to gain the decidion after a Valuables, are being loaded and stored ed, who has secopted theappoint strenuous battle Grant is equally their slak (ute the hirestone and/or ment of a diretor, it is necesident of catching the big end of entr

the purse

tha

himself, baing a direct importer of all the Best kinds of Wines and Spirits, is In mugs better position to retail lig drinks at prices 15 to 20 per cent, nerdchempar, than any other Hotel in the

Colony, which is to make purchases and locally, and therefore pay higher pricas, At the same time, the high standard of Liquors supplied will be strictly mada- falped.

to the shore office not later than 194 'clock on the 25th instant.

WOLLATHAM, Director of Public Works. Public Works Office, ***

Hongkong, 17th Nov., 1911, [1496 BOARD AND RESIDENCE

"HOMEVILLE Morrison Hill splendid, view of the harbour, 10 minutes from Foot Office by T 153

MJ, NATHAN,

FUSHUN COAL

THE BEST STEAMING, COAL IN THE FAR EAST, Yrsak, akooke always on band at Dalton, Newchuang, and Jiantam Dapota, also at Chaloo, Shanghai, Hongkong, Singapore sad Penang.

MINING DEPARTMENT, T

· SOUTH MANCHURIA BAILWAY COMPANY BRAVARDAIREN.

Mantelane Oodias A. B. O. 5th, RL, AL, & Lisber's

MITSUI BUSSAN KAISHA LTD

**** **%* Octolt av: 101 Le