1911-12-31 — Page 3

THE HONGKONG TELEGRAPH SATURDAY DECEMBER 30 1011

DIRECTORS AND THEIR LIABILITIES, DUTIES

AND POWERS.

(Continued from last Saturday) From the judgments in the foregoing Authorities tho fellow

evolved:

*

his trust....but I do say that he

put himself in a position

which the law does not allow “' an agent to assume”.

I

•

In the later dam of Archer's| caso (1602) 1 Ch. 322, a director had accepted the position at the request of the prometer of the

ing propositions of law Company, upon condition that, if at any time lie should desire to (1). It is the duty of a diretor,

part with the qualification shares or other person filling a fiduciary he had purchased, the promoter position towards the shareholdere world take them from him at of a Company, to disclose any their par valno, Some time after- personal interest he may hain words the shares become practi- the property purchased for the call valueless, the director Company.

ragigned his nost, and his quali-

(2) An anion tounskasidh fastion, styres way, parnhasadı diaplosure é vithai," the general | from him. We the promoter at body of a alinorą to dam thojeg nar value, The, fact of resnisian at t'ın con eset ta mure this amreement hatween

A

Villepotizma,

Kokotor Aşka permintam cie-iga hea na hom rendore, ben havin tígal (n't aithes ta impracticable, or,

1

to the (3). To clain en ce iant, find flympise I was hald - that thi payment of k-profit is impro- { Ajronton arse lichla in nam to the; perly are the director Engilat roof the Căm, gan the the subs of von mperty pumh samount of the muselasa manne ed by the Compter, but

he had, cassive ? Line T, J (4); “Į of the vare avenue referring to "the, ango algil 4t of such claim t'i shew thy the Bentingh v. Benu,' solta tha price it which the property wis decision, in that ense that #d

h. Po

sold to the Como ay was in nonsence ti alapú that the 1'pope Cara of what high -- 1, esil at that freq! "varel of beek' 2 magħat

lin a trai ty- Plans, Plooy oran real pasar that no valu ("~

(5): Ti vengeleul in Af a, gode of "Ay warply for property to the monny "Comvay lying lemn, chimed, on the ground of failure" vat în nuɔther songs, they laya "bran kopf out of the whical on the part of a director to dia- j close his poräonal interaat, and “they have..n right to radaiwn; nondisclosure is almittel, such a

“and although in one song Mr. clain will fail if the interest of the "Archer has not milo any profit. director was subsequently dis- closed, and the shareholders either expressly or by plain implication elected to uphold the transaction."

'out of this transactin, yet in "another and`alvary rail gengg "ho has, and that profit balonga "to the Company and not him- "self."

And in the vory recant ese of (6). Where thero ia an in- ferential allegation of fraud, as In re London and S. W. Cangl whore a claim is brought against Ltd, (1911), 1 Ch. 346), whore a director for an account of sporet directora nocepted 'and held their profit' alleged to have been mado qualification shares at the will of by bin, the onus lies upon the the promoter, to whom they claimant to prove (u) that there handed blank transfers, it wha was no disclosure at all either hold that they were guilty of

misfensance, and they were or to the Company generally, or 10 persons representing the dered to pay to the liquidator of Company such as to the other, the Company the par value of the and independent, directors, shres, which had become value- and (b) that the concealment of less in the market, Swinfen-Eady facts resulted in a pecuniary loss stating that "It may be that "if the application had been to the Company.

"framod on different lines & for

(7). A director, who has emit ted to disclose his interest in pro-" heavier liability might have

perly sold to the Gorapany, can- not be called nipon to account to

"been established ".

The idea in tinta director, who the Company for his share of the is an agent for his Company, proceeds of such aale, nor for any cannot accept anything in the profit made by him thereon, if nature of a gift or bribe for loving such profit wero honestly and legi- assistød, or which may tempt him timately made by him at the time, to assist, the giver in the carrying on his own account, and not isan out of transactions with the Cam- agont, and if, therefore, his omie-pany for which the director is sion to disclose his intereal did agent. It does not matter that not result in any pecuniary loss the Company has not been, or is to the Company,

not at all likely to be, prejudiced by the director's acceptance of the gift; and that if the director is

:

"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, Brain-fag, Lack of Vitality, Steeplessness, 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 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, nerves, blood and muscles. They have watched its revivifying action, upon people whose nervoUZ strength has been depleted by over-work, worry or discase, They have noted how Sauatogen 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 50, perfectly that the patient loses his depression of spirits, gains confidence and courage,..... and finds life again worth living.

Fighting Malaría and Dysentery.

Apart from its value as a general tonic, Sanato gma is of Use greatest service to the physician in fighting Malaria, Dysentery, and other scomges of tropical climates,

On this subject, Dr. H. H. W. H.,. of Babu. garah, United Provinces, writem:-"I have much pleasure in certifying to the value of Sanatogen in cases of Dysentery, Enteric Fever and other exhausting diseases. I have -used it regularly in my practice for the past two years, and in no single instance have I bem disappointed with its results. I can honestly affirm that many of my worst casos own their recovery to Sanalogen,"

Try Sanatogen To-day.

A e head offices of the manufacturers of Gaugtogen there are died more than fourteen thousand letters from practising physicians wlio certify to the value of Sauntogen. Truly a magnificent moment to the value of this unique tonic-food!

But no less impressive là the enthusiatic testinsony of patientá- Uitemselves. Thousands of well-known people in every walk of life have publicly testified to the wonderful benefits ilicy have-

·received" from Saratogen, and a few of their Iellem are. reproduced here.

Begin to take Sanatogen fo-day, and thus lay the foundation of ucw health and nerve force. You can get Sanatogen in Hong Kong from Messrs. A S. Watson & Co.; The Sincere Cod 1ld, 215/21, Vosveux Road; and of pil Chemists.

Prepaid Advertisements.

WORDS $1 for 3 inanties or

$2 for one week.

RESIDENCE.- BOARD AND

"HOMEVI LE," Morrison Hill, splendid view of the barbour. 10 minates from Post Ofoe by electric cars; entrance 158, Wanchai Road, - Telephone "No, $12. [ 1280

NOTICE.

marked by two red and white dinas by

The two entrances armed abors are

lay and by two white and red li«his at

kl.

H.

W. BECKWITH, Commander, R.,

POWELL'S

FURNISHING DEPARTMENT.

Upholstery

OF

EVERY DESCRIPTION

RE-COVERING

and REPAIRS.

LARGE STOCKS OF

Velvets,

Leathers, and

Harbor Master, &o. Leathercloths.

27th Des 1411

NOTICE

1507

“APITAL for Bons-file Industrial

CAP Schemes and Couce sluk, Mant eipal or Commercial Losus ar anged

REASONABLE PRICES.

PHONE 346.

There are nevertheless, other

LL vens ls are warard clint in passing into the Mongkok Tani authorities which show that

Typhoon Shelter now in course of where a director, or other person forced to make over that gift 10 oustraction only the Entrantes st in fiduciary relationship to the the Company a totally unexpected sumati and Tai Kok-tul are to be Company, has, by virtue of his hanafit will aderived. Someone werd na the rabble, mund te per the

must gain the benefit. The agent race and farms a danger to nasig-Tapestries, position, received a gift, or other cannot be allowed to, and, there-tien personal profit, which he has not fore his principal, the Company honestly earned, and which he is entitled to it. fails to disclose, he can be alled

(To be continued f upon to account for it, although apparently the Company was not

Lord Kitebener, says the "Echo prejudiced by his receiving it.

de Paris," mouthpiece of the Thus where a promoter, being the Trenol War Offics, is to receive owner of properly sold to theCom- the war, medal for having servad pany, accepted shares in lieu of with the French Army in 1870

but though the fact of this service cash as the purchase price of that has often been asserted by the property, and made a gift ofsome French, "K. of K," himself has of those abares to another person novereither admitted ordenied," on the latter becoming a director, During this war he was a Woolwich it was held thit the value of one cadet, and in the long vacation ho jointed his family at. Dinan in shares must be accounted for to Brittany, to rub up his French. the Company (Eden v. Ridale's Nearest the truth, perhaps, ie the Radway Lamp, &e, Co. 23RD. writer who says: "Lord Kitohe-

08). The reason for it being so ter's first experience of war was Bills of Exchange re now OD held was, as Lord Esher M. Runder the French flag. In 1870 icon requisition at the Stamp Oface. he enlisted as a private in a mobile said, because the shares were battalion under General Chausy, on sale without requisition at the

The 5 cent stamp will contine to given to him because he was an He saw m fighting, but assisted General Post Office as, wel nu at the agent... I do not say that he took in some baloon ascents that ended Stamp Office, W

citrico in valchill and an atinck of

A.M, THOMSON, Ithew shares on the under-

That would be standing" that he was to betray;

De 1911 - - [ 1669

Application to be treatel strictly confidential. ·-

Addres" PAST and WEST,"

olo The HongLong Telegraph." Hongkong, 15th Nov. 1911. Tiếng STAMP OFFICE NOTIFICA-

"TION..

HE SPECIAL STAMPS for

William Powell, Limited

Hongkong, 20th Oct., 1911,

KUHN

ANIT

1069

KOMOR Art Curio Dealers.

INSPECTION INVITED

UHN

The Hon. Mr. Justice

Robertson, Judge of the Supreme Court, Lahore, Punjab, writes My experience with Banatogen linn been very favourable. I took it for some months during the most trying season af the year, and found t great strengthener,”

Sir Charles A. Cameron,

GB, HD, etc. writes:-"Sauatogen is a ambetance of the highest Butritive value, contaiu-. ing as it does large amount of organic phos phoras, in exactly the Jarm in which it can be easily absorbed. It in t excellent nerve food."

Mr, Shirley TremaRrne,

Editor of "Capital," 98, Clive Street, Calcutta, writes: "I cannot speak too highly of Sanalogen, It not only kept me up during a sharp attack of fever, but

but afterwards re- stored me once mure to full, vigour. In fact, 1. was better and stronger after this course of Satiat- ogen than before the. altace

** The Medical Timin¬ says "There is no doubt whatever that the

antrilion of patients taking Sanatogen im- proves wonderfully,due, In all probability, to fla being easy, of "assfulla tion and to the. orgoule

phoplioru

absorbable

which it contains.

.

Bir Gilbert Parkar, M.P., the popular Novelist, writes: "20, Carlton House Terrace, S.W.- I have used Sanatogen with extraordinary bene- ft. It is to my mind a true fool tonic, feeding the nerves, lucreasing the energy, and giving ficali vigour to the over worked body and mind."

Prof. Dr. C. A. Ewald, .. of Berlin University, writes

have used Sanalogen in a number of cases, mainly of nervous, or neurastheni origin, and have obtained excellent results,"

AERTEX

CELLULAR,

REGAL

SHOES

J. T. SHAW,

TAILOR

and, OUTFITTER,

Fatimations

LTD.

THE GENERAL ELECTRIC

CO OF

Telegrams Spark

HEAD OFFICES 7 JINKEE ROAD, SHANGHAI DIRECT AGENIS OF THE MANUFACTURERS OF ALL KINDS OF ELECTRICAL MACHINERY, APPARATUS, FITTING ACCESSORIES, TELEPHONES, Wires and Cables, &c, &c.

-1308]

RETAIL SUB-AGENTN-

WM. C.

MA

JACK & CO., LTD.,

4. Los Vooux Rond, Hongkong,

SOUTH RAILWAY

SHORTEST & QUICK ST ROUTE

BETWEEN

THE FAR EAST &

la DAIREN,

WINTER

Effective from Cctober 28, 1911/

KOPE

LABICE WEEKLY EXPRESS PHAIN ARVIOR, composed of

dxcollo atly equipped Stormår. Digaz

Daizoo and Changekan in contaction vink

and with Dainn-Shanghai Diret So

-sparatad between

Expre» Trim Kibe Marth

and "Saki Marn" (cach 2,477 vins and equipped with wireless telegraph) follows:-

Thar. Bun

Bet. Tum.

NORTH BOUND

Irt Ulase

Faros

$10.00

Ibanghai (Steames) ................ ¡.v. Dairen)...Ar

T14.05

(S. M. R. Train)... Lv.

8.00

Mukden

) .AT.

1

JALAV

8.50 p.m 4.05

"

177

Y11.50

"

++

H

Changchun (

...AT.

10.30

13

·R3.6 0

Harbin

í

Bun. Wed. FL.

#

Mon. [Thurs. | Sai.

(Busino Train)....... Lv, #11.50 „,

...AT 8:10 am.

Connecting at Harbin with ?

SOUTH BOUND,

Stats Wa Blais Ex-gon. press Láta for. press for 'Mos-for-St

Moscow cow. Pet'g

Slate Blate|Wagon

Ex- Ex Lite

Connecting #sbin with press

fromStrani Mos Fetg. Moscow GOW

B 9.60

X11.50

...Ar. (8.M.R. Train)...LY. 10.00' Mukden

Ar

714.95 Daires

[Harbin (HussianTmia)...Lv.] *12.00 s.m.

Changchun (

8.40 p.m.

5.00a.m. 5.15.

Mon. Wed.. TA

Tues. Tham, „Bet,

ม

11.

[1258

)....Ar] (Steamer j...Lv.]

1.20 p.m.

Моод

Wed.

140,00 Shangha(

Ard "

Fr.

21, Hongkong Hotel Buildings,

Q:60's Bond.

MEE CHEUNG. ART PHOTOGRAPHER HONGKONG. *TELEPHONE NO. 1013. DEVELOPING, PRINTING & ELAN

Hovgkry, let Max. 1931.

To Let OFFICES fu King's Buliding.

Apply to

1099

THE HONGKONG LAND

INVESTMENT & AGENCY

COMPANY LIMITED. ́ ́| Hongkong 14h Die 1911,618

OFFICES TO LET, FIRST class, cential nocommodation,

Hght and alry, on Firet, Second,

Bosnian Train Timno is 28 mine faster than 8.M.B. Time For fastanos

6 p.m. by the former la 8.87 p.m. by the latter dere Supplementary Charges DAIREN-CHANGCHUM Service, P BE EXTRA-FER......78.x. SLEEPING CAB SorPLAKET... 5.09 ANTUNG-MUKDEN LINE-Opened for standard' gangé tramo sad operating thrice weekly expressers botween Changchun and Seoul, changing at Mukden.

IN TICKET AGENCIES The Company's railway and stemmer tickets 'azi obtainable at all the Agendas of the International Sleeping Car & Exposes Trains Co.; the Hippon You Kelabs, Shanghai Messrs. Thos. Cook & Bon and Releebureau dor Hamburg-Amerika Linie,

* RAILWAY HOTELS YANATo Hotel (Tol. Add t " Yamato ") at Dairen, Toit Arthar, Makden. Fushun sud Changebun, all under the Opm -fany's management. capel

SOUTH MANCHURIA RAILWAY COMPANY DAIREN.

Tel Add. Mantalin,”* : « Coder 1.A.0,0. 5th. Ed. A. 1. & Litber's

FUSHUN

COAL

THE BEST STEAMIYU COAL IN THE FAR RAST. or Third Floor, in uew building being Fresh stooks always on hand at’Daired, Nowobwang and Tientsin erected for ESBRA. WHITE sad also at Cheloo, Bangkal, Hongkong, Singapore and f'on ng is

AWAY LAIDLAW & CO, LTD. Entance from Di Veras Rond

Electric 3 ifs to all floors, Elastele light throughout The plan can be seen and all particulary obtained, at the Office of

MINING DEPARTMENT

SOUTH MANCHURIA RAILWAY COMPANY

DAIRENT

MESSRS, PALMER & TURNER, Jol. 464, y Man'a ai Co:0]; A. 3. 0.6μhe Bễ, A L. – Lärber Alexandre Befldings Bud TheraS Agent MITSUI BUSSAN KAISHA LTD

* - Hongkong, 8th Dos; 1913;:

Komnegro 154 Pazomber, 1911