1912-07-13 — Page 5

WHANGPOO WHARF

CASE

Appeals Dismissed.

THE HONGKONG, TELEGRAPH, SATURDAY, JULY 13, 1912.

THE OUTRAGE ON MR. TANG.

RECEIVED

NEW SHIPMENT OP

AUSTRALIAN

DESSERT APPLES 25 cents per lb.

THE DAIRY FARM CO., LTD.

Shurholdors Intentions. to the word "undertaking" and

Question of Costs This is all true and it confirms I think that its use undoubtedly Mr. MacLeod raised the ques may view at the trial that from means that the company shall go tion of costa, saying there had Alrol 1011 down to July 24 when on; it contemplates not only the been an appeal in the case, both the company went into voluntary property but the works necessary of which had been dismissed. He

The O.M.S. Esinming arrived liquidation, the Company, its to applying the property to the supposed each party would pay In IBM.'s Full Courtat Sheogahareholders and the managers objects of the company, and there- its own costs, Mr.. Oppe asked at Shanghai from Tientsin on hai on July 5 judumont was deli-were all trying to evolve a sabeme fare clauso 4 (b) must be read to for the costs of the appeal becauso July 8, but those on board lad vered on the appeal and cross which would lead to the extinc-apply to the sale of a going coa-it was plaintiff's appeal which little to add to the news already sptical in the case of Mesertion of the company with as little corn. This view is based on a made the cross-appeal necessary conveyed by telegraph of the Shwau, Tomes and l'o. nguinst loss as possible to all concorn consideration of the definition of If they had not appealed the attempted outrage upon Mr. Tang G. H. Thomson, liquidator of the el. In accordance with the undertaking" on the Clauses oroas-appeal would not have boon Shao-vi. The first information Whangpo Wharf and Godown re-olutions the company was Consolidation Acts and the cases, necessary. They were put on which Captain Blethen received Co., Lid. Mr. II. 8. Oppoappeare ||wound up and the sale particularly. In ra Panama, oto.their defence by their action and of the affair was shortly after for defendant and responden ami to th Oakn Syndicate Royal Mail Co. 6 Ap: 318, and ho submitted respondent should midnight on the 5th instant, Mr. R. N. Mauled for plaintiffs in the terms of the resolution was Wallace v. Universal Automatic get coats of the appeal.

when he was summoned to the and appellants. The Jugment, carried through by the liquidators Machine Co. 1894, 2Ch. 547, The Chief Judge: Thoordinary saloon, to find Mr. Tang, and dismissing both appuni mnd cro-in September 2. Tho salo by the Undertaklug to Last 25 Years rule would be that the parties Wong, his alleged assailant, on- appeal, was as follows;

| liquidators to the Osuka Syndicate Moreover the intention that the losing shall pay the costs of what gaged in conversation. A great The hief Judge said Thore and the transfer by them to the undertaking of the company over they have lost and it is quite deslofexcitement was caused at the is one shors point in the plaintiff's South Manchurian Railway both should be carried on for twenty. true in this case that respondent time, but it is worthy of note that offers the best possible value in sparkling Wines. Dry Royal is a appoai. It he, are they entitled took place on September 2, they five years stands out from every was brought here by the action Captain Blothon saw no revolver

duties for branch of contract were part of the same transaction. part of the contract. In clause of appellants, and probably, he produced, whilst it may be men celobrated brand and has been a popular favourite for over a

The South Manchurian Railway 1 the torm of twenty-five yours is would not have appealed if there one that Waug's right arm it contury. A Special feature of Dry Royal is its moderate price. have never carried on the busi-fixed by clauses 2 and 3 the had hoon no original appeal on about ly powerloss, a result, is

to Tl-, 31:250 or to the sum of

Tls. 13,500 which the Court as Sossed on the rule in Yelland's ones on the wetuni damgas which they had wristine? Or to a it in noother way, have the parties fixed the danges for the brench so as to preclu to the Court from enquiry into the actual duniges suffered? At the trial there were Smany facts

tu

L

|

I

monies for a week and that the question of whether he should be further restrained could be dealt with on the application for leave to appont.

1

The Chief Judge to Mr. Oppe: suppose you will give that un- ortaking,

Mr. Oppe: Yos.

Commodore Robert H. Anatrú-

Special Duty. Two rank and file of the Royal Engineers proceerlod from Hong- kong to Canton on the 10th inst. for special duty.

LAW LIST,

Supreme Court.

ACKERMAN

LAURANCE'S

DRY ROYAL

GARNER OUELCH & CO.

SOLE AGENTS. Ta. 636.

ASAHI BEER

SAPPORO BEEL

TO BE OBTAINE

Note, our Price $12.00 per os con

taining 4 dosen quarts or 6 dozen pinta,

(70

SAVE

YOUR EYES.

If your sight in failing, or your egas trouble you ame in and have them examined,

It costs you nothing. WE ARE

PRACTICAL

OPTICIANS.

And osa grind nay lease or make a screw to air of Specta- oles on tho premises.

Don't throw your framça away; have thom repaired by

N. LAZARUS, OPTICIAN.

IA. D'Agullar Mirnet, "ongkana

{Hongkong. 28th June, 1912.

ness of wharfingers or warehouse nagers are given fuil control behalf of the appellants. Thoro said, of former wounds. 'At the mon but have used the property of the business and clause 6 makes fore I think the ordinary rule close of the incident Mr. Tang er- WHY BUY EXPENSIVE WINES WHEN YOU CAN OF-

connection with their own elaborate provision for sale should be followed and appellants plained that nothing serious was business owners of a railway guarding the rights of the pay the appeal and respondent the matter, and in fact is under-TAIN THE SAME VALUE AT A CHEAPER PRICE? und steamships.

appellants and securing their con- the cross appeal.

stood to have attributed the con- Clauses and Memoranda. tinuing as General Managers.

Mr. MacLeod: The liquidator duct of the man to inebriety. The contrack our of which this No doubt were the liquidation a has certain monies in his hande Mr. Wang continued his pass- claim arises recites the agreement colourable one to avoid the con- which he is naturally anxious to age aboard the Hainming, and bu paquired to sorve as in inngers and the insequences of clauso 4 it would listributo. I was instructed that was one of the very first to leave to and there is appeal is corporation of the company and not avail the company but there the event of the appeal being her upon reaching the wharf. He to the finding of fiet but then in chuse 1 provides for the is nothing whatever to lead me to dismissed I should apply to Your was lavishly decorated with me- it may by as the appellants appointment of the appollants as the conclusion that it was em Lordships for an order that he dale at the time of the meating contend, that tJudge mitted zoneral man geu. Clauses 2 and barked on and carried through should be restrained from dis- with Mr. Tang, but with the ex- as ovilance of their intentious 3 provide fur the way in which otherwise than in good faith tributing those funds for a matterception of this one extraordinany certain considerati insan oxpress goneral mangers should For those reasons I am still of of a week, for me to make an incident, his conduct gave no sions of the parts which ougherry on their business, and opinion that the sale which tack appeal to the Privy Council, I cause for comment," N. Chins not so to have been c'usidored in clano 5 for their remuneration place was not a sale of a life therefore ask that he should he Daily News." construing the amtrict. Taisopauses 4 and 6 so the material undertaking but was a sale of restrained from distributing these port inity of omsidering dispas-eluses, Clause 4 contemplates the the property of one which was termination of the agreement by alrouly dend in order to give it sionately their position.

The intention of the partie ho Company in two ways: oither decent burial and pay its creditors. must be gabored from the don by dismissal, of the general By clause it is agreed that the tract itself and the surrounding monogors in which event the comparty is to have no power to circumstances. O, July 9, 1900, jompany must pay à eum of Tls, terminate the agreement, but in by an agreement recited in,

17th 64,500) or (b) by the sale of the fact the company has terminated now under construction the who of thesepiny's property the agreemont by going into pollants agreed with Tom Wa to and undertaking and the payment liquidation. As far as I can become gonoral manngers of of a sum of 2.1-2 per cont, on the understand the action of tho wharf and godown bustless he was price, and the clause onds "Bat partios this part of the agreement THE NEW COMMODORE. ostablishing in Shanghai which exdopt under the circumstanson has been waivod subject to any was to be owned by a contem auri Tupon the terms above mon rights that the rest of the continet plated company "The Whongportioned the company shall have no may coufor on them. The com Wharf and down. Compary power to terminate or in any way pay by going into liquidation thor, C.M.G., is to make his offi- Ltd." The company was formevary the agreement." I think that has put an end to the agreement cial landing on Monday at 11 and on April 1 1910, the ugree- if the company terminates the and the general managers, who Mossrs. Shewan, agrement under circumstances assisted at the meeting of July with Toxics and Co. to act ne general which come within this clause 24, which was presided over by managers was signed. Owing shy mast pay what the clause their manager, assented to the the instability of the wharf obliges them to pay, but, in order rosolution to wind up the erecte! the company, in which to succood, the plaintiffs must company. Tain Wintorosts wore para-show that the events con. mount, was failure. In the templated either by (a) or by spring of 1911, whon' the failure | (b) have arisen; if not they are If the sale to the Osaka Syndi- was past romody, saps wore relegated to their remedy by cate is a sale within the meaning taken to obviate the loss which damages which must be passed of clause 4, the plaintiffs' damages was imminent.

in accordance which the appro-under the contract have been Tam Wa and, the Commission priato rule of law. There a noassessed under that clause and

claim ander (a), and I have now must be paid, but I have come t Claim. Amongst other things Tum Wao cosider whether a claim un- the conclusion it was not such tried to induce the appellents to der (6) can be sustained. The sale, and the question then is are

gland emtemplates "the sale ortho plaintiffs entitled to dumagos Sergeant Adlington hust night forego their claim to the coun mission which is cha su jact as transfer of the whole of the com: for their dismissal from the post of executed an opium divan warrant general ninnagara their assenting at 210, Queon's Road West and this action; thong, this wil Pony's property and under- refas ut, lesphs worn fout thing" and the sum payable to to the quidation in no way arrested 22 mou for mokinu. it wouli na biastest on, an the general managers is "2.1-2 implies an assent to foregoing the Ono man has estreated his bail in the on an arrangement wiper cent. on the price actually-ums due to them andor the of $250, and at the Police ma lo with a bit of into the company is respect contract, or for damages for its Court this morning the first do- geath-amen contr Hted by Tam Wa such so or transfer." The reach In the Court below I fendant was fined $60 and the enlled the aka Synheats to furandum of association of assessed the damages at Tis. remainder $2 each the defond- sufficient money to purchase the the company sets out its objects, 13,500. That decision has not auts ploaded guilty. The opium proporty, and to put it more or which are, inter alia, to carry on heon seriously attacked, and I see and the apparatus were confiscat- loss into working order with view to a te ale to the South Man churian Railway who were not purchasing the business

ment

the business of wharfingers and

Assessment of Plelatiffs' Damages.

Lm.

fired from the shore battery as A salute of 11 guns with be the now Commodore lands.

AN AMERICAN MISSING.

An American named Richard Hostey has boon roported missing from the Grand Carlton Hotel. It is stated that he left an unpaid bill of $200 at the lotol.

no ciuso to ultor my conclusioned. warehousemen and the proprietors or modify the reasons which led

wharvo, to enrry on any other business which can conveniently

mo to it.

by

OPIUM DIVAN RAID.' - མ་ཡ

Letters Without Stamps.

A man was fined $50 at the Police Court to-day for carrying

without stamps. lottor from Canton to Hongkong

Opium.

Criminal Jurisdiction,

Before the Chief Justice Mr. W. Roes Davies, K.O.

Thursday, July 18. - Criminal Sessions. Rex v. Li Hon Hung.

Original Jurisdiction.

July 25.-Full Court, ro Wo Cheong Koe v. Prussian National Insurance Co. of Blettin. Motion for security for costa. Appellate Jurisdiction.

July 30.-Fook Lung Firm v. You Wo Firm.

DON'T FORGET.

Tuesday, July 10, Lady May at Home.

Thursday, July 18. Li Hon Hung trial Criminal Sessions.

Annual meeting Messrs. Claude Price & Co., noon.

at

Friday, July 19. Baudmann Opera Co., Theatre

Royal, 9.15.

Saturday, July 20.

Bandmann Opera Cu., Theatre!

Royal.

Monday, July 22,

'Bandmann Opora Co., Theatre

Royal,

Tuesday, July 23. Christian Science Lecture, City Hall.

Wednesday, July 24. Extraordinary General Meet

Star Ferry Co., Ltd., 12.30.

Yesterday, Sergeint Adlington was responsible for having a man fined $200 for keeping an opiuming, divan, and the remaining nine- teen smokers fined $2 oach

Ammunition.

է .

To-day's

Advertisements

Bank Premises our temporary

he carried on in connection with

This disposes of the appeal. JOF ing encru but who wanted a

raised the points he afore-mentioned businesses, the respondents in the oros wharf on the Whangpoo and wore prepared to buy this one if cor- and to construct, manage and

and it does not now nriso. The tain comitions w re fulfilled. So work any warehouses, lighters, appeal, that of waiver is the chief far was it recognised by all con- etc. which contribute to the com- suggestion that the deed appoint ing the appellants to be general cernel, io. Thin Wa, the Company's objecte. pany and the general masaga16, General Managers' Plans. managers was insufficiently ex- that the company could no longer! The general managers by Clause ecuted I do not think we ought bo worked, that they all were 2 of their agreements are to take to entertain. Thore WAB trying to find a purchaser for outi e superintendence and direc doubt of the good faith of the the considerablo sets of the tion of the business and work of parties or of those who assisted

A Chineso passenger of the s.8, Company, viz., the land buildings to company, and by clause 3 are at the execution of the deed Sum Wui charged at the Police and wharf. In the end a meeting in discharge the dution of a board which has always been treated as Court this morning with being was called for the purpose of of directors, by clause 6 they are binding and acted on by overy in possession of 342 rounds of passing two resolutions, one for paid a commission of 5 por contous. The respondents failed on rifle ammunition. He was fired DEUTSCH ASIATISCHE BANK. tho voluntary liquidation of the on the gross takings. It is quite so much of their counter-claim as $25. company, the other for the sale obvious from this that the com- was not admitted, I think the Dangerous Property, of the property to the Osaka, pany contemplated currying on a judgment as to the water right.

The inhabitants of 34, Lower DING the rebuilding of our Syndicate, and the words of the large bu-in sa pe wharfingers and The amount in dispute was that Lascar Row report that the pro- Office will be in the Qaren's Building, resolution are "land, buildings, warehou-omen; they were not of the salaries of employes of the perty is in an unsafe condition Corner Chator Host and Ice Hou etc." not the business of the merely the owners of a wharf and company, engaged by the appol- and they have left. The police arcot as from MONDAY, 16th last company or the concerns or warehouses which they would { lants, dus before the agreement is are in attendance to prevent Hongkong. 18th July, 1912.). (2 the undertaking of the come out for, biro, for such a pur-general managers was signed but people, going too near. The pany. It is clear to my mind, po they would not require after the incorporation of the com- PW. D. has also been acquaint and the parties substantiaily the assistance of general mann-pany, By the articles of associated with the facts. agree, that theed two resolutionsgers such as the plaintiff nortion the appellants wore in prac

Leave of absence on private must be read together as forming would, they have agreed to se tice the directors of the company a scheme to put an end to the onerous a contract to secure it. and under the articles they were affairs; to the neighbouring coun company and to realize its assots. I am quito clear that though at as directors entitled to act in the tries, has been granted Sister L It has been said that in Tam Wa's the date of the contract this land management of the company; the M. Toller, Q.A.I.M.N.S., from 30th mind the iden of a sale was up with the attached wharf and ware-engagement of the particular ser- July to 2nd September, 1012, both permost, and that he kept urging houses was the only properly

"vante roferrod to in the counter | dates inclusivo, astazija the postponement of the liquida-of the company, the "undertak-claim was held to be reasonable "Station leave has been granted tion until his arrangements for a ing" meant a great deal besides. and this decision has not now to Lieut. H. R. Walker and C. N. salo had been made; on the other the time of the sale the underbeen seriously questioned. The Steel, 23th Panjabis, from 15th hand it is said that the appellants taking had ceased to exist and respondent erose appeal also fails, July to 20th July, 1812, both manager, Mr. Rutherford, who was the sale was a sale of the property and both it and the appeal must dates inclusive. Chairman of the company, agreed but not of the undertaking. Again be dismissed.

to the winding up, and put the ty te in the forefront of Poli to the mesting.

Military LeaVO,

I

NOTICE.

have tukos Mr. W. LOGAN

partner in my business of SHARE

the 1st July, 1912.

and GENERAL, BROKER as from

The business will bo carried on under the style of Raymond and Logan.

EDWARD M. RAYMOND, 4. Ice floure Btroot. Hongkong, 16th July, 1912

VOR BALE.

THE MOST DELICIOUS NATURAL MINERAL WATER IN THE WORLD I

MICROSCOPE

ISUAN

and

OTHERS

THE SELECTION WE LEAVE TO YOU!!

"THERE IS A REASON"

THE CHINA COMMERCIAL COMPANY, 3, Duddell Street.

Tel. No. 1208.

A PERFECT SCOTCH WHISKY

(MELLOW LIKE A LIQUEUR.)

On account of its Exceptional Quality D. & J. McCallum's "Perfection" was the Sole Whisky supplied at all Functions during thé visit of the King and Queen to Elinburgh, May, 1903.

PRODUCE OF SCOTLING

Perfection

esinsical

SCOTCH WHISKY

Avoid Imitations.

D. & J. McCALLUM:

PERFECTION

D. & J. McCallum's Name is the

bast Guaranted of Quality.

Edinburgh Birmingham & London,

SOLE AGENTS:

PRODUCE OF SCOMNAMO

Perfection

SCOTCH WHISKY

:: GANDE, PRICE & CO., LTD.,

Lioat. N. J. Williams, A.§.0., though we were not invited to do The Assistant Judge after a has born granted Station leave FOR SALE Bull Terrer, Male,

Age 10 months. For sabg counsel, I have consider lengthy summing up, concurred from 15th July to 122nd July, apply A, B, Hongkong Telegraph ed the meaning giving in law with bis Lordship,

1018, both dates incluye, Hong lower, 18th July, 1912,

Wine Merchants.

Telephone No. 135.

12, Queen's Road Central, Hongkong.

Hongkong, 12th July. 1012

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