1912-10-28 — Page 5

ZOROASTRIAN FUND CASE.

Interesting Judgment Given

this Morning.

THE HONGKONG TELEGRAPH, MONDAY, OUTOBER 28, 1912.

The question of costs was re- served for argument.

HONGKONG AND KOW- LOON WHARF AND GODOWN CO..

NAVAL DOCKYARD SHOOTING.

Re-opening of the Tai Hang. Range.

DAIRY FARM NEWS.

DAIRY FED PORK

Charles Lamb in his dissertation on the PIG, was the first to tell us how the Chinese love their pig-dead and roasted; but it is not for us! We know that plg, and SOME of the things he is fed on but not all I

Ah; but this is DAIRY FARM PIG, a dainty little

there any difference in Pork? Well, for good- fellow, fed on the fat of the land, DAIRY FARM MILK and all the good things in pigdom.

ness sake, where do you live? Buy it, try it, eat it, then you will KNOW. Cooked to a turn-the Chinese know how--and the "oraoklingUM.

context in which these words are community are to manage the public spirit. I earnestly hors found, and of the clear and extrust. Sea nases on the powers of that they will put aside faction press provisions of rule 4, I have directors, Automatic Co., and unite wholeheartedly to carry no hesitation in describing them Cunningham, 1900 2. Ch. 34; on the good work inaugurated by na being in manifest contradiction Quin, v. Salmon A.O. 442 1909. their predecessors. to, and nullifying the clear in- Question five is as follows: In the matter of a dead of trust, the authorities referred to in as aforesaid in the ovent of the tention of this instrument. See Whether upon such contruction

On the completion of improve dated July 30, 1874, relating to the ninth chapter of Max temporary absence from the

Tai Hang on interesting coromony ments to the shooting range at the Hongkong and Cliina Zoroaswell's Interpretation of Statutos colony of one of the trustees, bat- trian Community's Religious and (4th edition) and the case woon one annual meeting of the

was arranged for Saturday by the Charitable Fund, an interesting of Rox v. Ettrige, (1000, 2 subscribers to tho fund and

rifle shooting section of the Rayal judgment was given by Mr. Justice K. B. 24) cited by Mr. Potter. another, the subscribers are on-

Naval Dockyard Recreation Club, Comporiz in an originating sum mons, in which Merwonji Paljonli tioit. (2) Whether upon such croating a vacancy amongst the an interest in the daily share Commodore R. Anstrutler RN. Is

I come thon to the second ques-titled to treat such absenco aé

namely the re-opening of the Those of our readers who take range. This was performed by Talato, Dinshaw Kavanjeo Sathna, Ial Ardeshir Byrany, vai construction, as aforesaid, and in trustees and to. alect another report will have noticed that in the presence of a large and in- were plaintiffs and Formojee if at all the oflice of president and temporarily abzont,

what events, and to what extent trustee in the place of a trusted so Kowloon Wharves have been terested gathering, there being Kaislinsroo Ernui defondanta,

stendily on the rise of late. Last representatives present from var Mr. 0. G. Alabaster with whoni secretary enu validly be held by I feel some difliculty in nnawor Wednesday they wore at 675, on ious rifle clubs in the Colony. was Mr Eldon Potter, instructed one and the same trustee. Hereing that question. I am willing Thursday they rose to 68, on The Commodore iras received by by Mr. II. W. Lobker, appeared again there is no real disagree-to go this longth with Mr. Potter. Friday to 70%, on Saturday to 713. Mr. E. R. Bate, chief constructor for the planintiffs, and Mr. F. C. mont. The answer is clearly Yea that I agree that absence does and to-day they stand at 72; and of the Naval Yard, who is Chaie- Jonkin, intructed by Mr. G. K. When there are only three trus Purely temporary absence, in no holders of the stock are unwilling honoured by the firing of a solute. but in two events only(a) not simply mean non-presence. we gather that, even at this price, man of the Club, and was also His Lordship Buid-This in tees available--then until the way interfering with the duties to part with it. This account The Commodore fired the first an originating summons taken next general meeting, the Babe of the trustees, would not, Ied for by the Company's strong shot, and after the company had out by three of the trustees of When at a meeting one or more of removal. But it is quite clear peets of greatly increased profits presented to members of the trustees may fill both officos. (b) supposo, be reasonable cause for financial position and the pros inspected the butte, medals were Parneo or Zoroastrian Community the officers are absentthon that the community have a dis- through the large bulk of cargo Dock yards team for their success of Hongkong and China for tho determination of certain quOR-

again, but for that meeting-only, certion in the matter of removal that has been coming to China in last season's Rifle League con- ion of the rules under the trust

one trustee may fill both poste. and in exercising this discortion since the revival of trade set in. petition. These were received by: dood. While I think it un-

I come then to question thres. they must not be actuated by As a matter of fact, the Company Mesara. E. Hearl (Captain), H. fortunate that some of the question as aforesaid the appointment trarily or capriciously. If they capital with a wisely generous Hearl, F. C. Gregory, T. J. (3) Whether upon such construc-nay improper motive or set arbi-has, in the past, laid out its Elson, D. Stowart, F. Brown, T. tions propoundeil, should 'havo been brought before the court at of a prosidont, and of a secretary, act reasonably and bona fide, the hand; and having cast its brand Fawsett and A. J. Brock. all, belioving as I do time they from among the trustee lies in court has no power to interfere. upon the waters, may now bo soid Subsequently a would not have arison had all the the hands of the trustees or in what the court would hold in any to be reaping a woll-merited parsons interosted taken a brout the hands of the subscriers to the particular case must depend upod harvest. View of their rights and dution, fund created by the above men- the facts of that case. Sos lo re hayo no hesitation in saying that final deed in general meeting? Gresham Life Assurance Society, in those circumstances oven had The answer to this question is not L.R. 8 Ch. 448 Osgood. V. Nelson no friction arison, these trustees directly provided for by the rules, L.R. 5. II. L. 030. aro fully justified in requesting but must be gathered from the

Hall Brutton, for the defence,

follows:-

(15). In the absence of both the prosidont and the secretary or

of

either of them, either or both, a

acting prosident or secretary for

VOYAGE REPORTS.

Incoming steamers, roport as follows.

co-Fine weather throughout Tenyo Maru, from San Francis

voyage.

weather throughout.

Fooshing, from Mexico.-Fine

Chi Yuen, from Shanghai.- Strong monsoon to Breaker Point; thence light to port.

THE SOUDAN.

The Soudan arrived in harbour

nomination

To-day's Advertisemeats

WANTED.

'NGLISHMAN, grallante,

Don't wait for Christmas, you may be dead before

that and so may the pig ! October 18, 1912.

HUMPHREY TAYLOR'S

By Royal Warrant

to H.M.

COTA

LIQUEURS

of Appointment

King George V

GARNER QUELCH & CO. SOLE AGENTS,

TA. 030.

A HANDSOME PICTURE

FREE.

Save the coupons now being packed with Messrs

yesterday morning at 8 o'clock, Eeptional Kaysiege of Chiao, W. D. & H. O. Wills' celebrated THREE CASTLES” haring on board the 2nd Bat- undertakes trausla fons from and to cigarettes. talion of the South Wales Bor- Chinore, fetitions, ato ses ko.. pro-

paper.

ind Iliadustani

(798 ing

shooting competition took place. In the early stages of the shooting the wind was decidedly" puffy, while by the time the 600 yards was reached the light was very bad. However, some fair scores Question 6, Whother upon such

woro, made, the result of the com- an authoritative decision on mai-general policy of the instrument. construction as aforesaid the tak- ters of principle. The question groat doal is left to the dising by the trustees. or any of

1st-Mr. J. O. Gregory, petition being:- is as follows:Whether upon the cretion of the trustees. The man- them of legel advice as to the

nominated by Mrs. Austruibor, true construction of the said gement and custody of the construction of the said deed or deed of trust and of the rules and dunds is in their hands." Rule upon questions arising in conneo-Fine clear weather and light vari-nominated by Mrs. Cooper, 87 Frusang, from Tegn! (Java).-80 points; 2nd, Me, R. Stewart, regulations comprised therein, as in all matters not provided tion with tho management of the able winds to Scarboro Reef; points; 3rd, Mr. H. Elson, subsequently added to or amond for the trustees may net in such fund amounts to blamable thence fresh monsoon to part. nominated by Mr. Poirney, 85 od, the office of president and of manner as may appear to thom nogliganco or misconduct in secratary (whothor in either ease roasonable and propor-and as office or any other reasonable weather throughout.

Changsha, from Sydney. Fine points.

Conductor Tuckor, of the substantive or active) can validly may he beat calculated to promote cause" within the meaning of

Lothian, from Sabang.-Mo A. O. D., won the visitors' prize bo hold by one and the samo to the interests confided to their 22 of the said dood. trustee when there are four tras frust." Rule 26 "Byelaws are The answer is obviously in the from thence to Hongkong strong

dorate monsoon till about 18 N.; with a score of 87.

The prizes were inter presented teos present in the colony. On to be made--not by the com-negative.

rough sea.

by Mr. Bate. The chiof improve- this question there is very little unity--but by the trusteas- Question 7-Whether upon real controversy: Ruloa threo and the Pommunity may approve the such construction as aforesaid a bal-Fino weather.

Don of Camis, from Shang. ment effected to the range has been the widening of the firing four are as follows:-(3) The byo laws so made but have no president can be appointed for a management and custody of the power to add to or amend them," your, and by rotation from among

points, with the result that toams of ten can now be accomodated. anid funds to be loft in the hands Again the position of tho trus-the trustees? of trustees consisting of not more as onco appointed is a very This seems to be purely a than four nor less than three, of trung one-a trustee may only matter of management. In the whom throo shall be a quorum,

be removed from office for absence of bye laws it would be a who may be termed the "manngomo reasonable cane and then matter for the discretion of the ing committee (4) Ono of the only if three fourths of the re-trustees. four trusteos to be appointed assident members qualified to vot

Question 8-Whether upon president and Hour-voto present at the such construction as aforesaid Prysereturs. The thronology in and there is a three fourths fruktens tre doua tried the unambiguous and 1.think the majority for removal. In the directions given to them by the intention is cloar; that when there a ministration of the trust they medium of a resolution passed aro 4 trustees Present in the in certains spceifiod cases to by a majority of the subscribers derers. The battalion, which pa od in other Engih or Chine e. Upon receipt of 100 COUPONS, you will be sent colony, the aflicos of president obtain the sanction of the com- to the fund in gonoral meeting consists of 850 rank and file, moderate terms. Apply X. Hong-postpaid, a beautiful photogravure of a famous paint- and secretary cannot be heldmanity before acting, but, gonor- regarding the management or under Lieut-Col. Casson, is on its koug Telegraph."* permanently by the same indi-lly speaking, they are to be administration of the fund or the way to Tientsin. The vessel was Hongkong, 28th Oct. 1912.

These High Class Plotures, which are suitable for vidual. Then rule 15 is as guided by their own discretiori, form in which notices or reports to mail at 2 pm. to-day.

WANTED. I think the powers vested in them are to bo sont out or circulated

The Soudan came from Home,

framing, mesure 15"x 20". and are entirely free from were intended to be analogous to or na to the documents which vis South Africa. In addition to

Advertisement. Small reproductions of these plotures E NOLISH gradusin giroi kont those exercised by the directors of should accompany notices or re- the Borderers alio has to-day in Englhb, 8.ienos Mathemales are packed in every picket and tin of THREE limited company. The analogy ports or otherwise? The answer taken on board Captain Wood of tc., to Chinese and Indian Papi. CASTLES" cigarettes, together with one or more of must not be pressed too far, but is clearly in the negative. The the R.A.M.C. and ien men from Chinese

apokon.the coupons. the time being to be appointed think that it applies to this principle is to be found in the various Hongkong corps, for Apply Graduate," Once of the from among the trasluga......and extent, that these trustees were onses upon the powers of direc- Tientsin, if desirable it shall be lawful for intended to have the appointment tors. Automatio Coy v. Cuning- one person to fill the oflices off their own officers. I cannot hamo 1906. Ch. 34; Quin V. president or secretary whether "gree that the practice, whatever Salmon 1909 A.0. 442. permanently or acting.

it might be, that his obtained Question 9: Here again the I agree that this rule applies since 1878 can be any guide to answer is that the trustees must only to meetings, whether of the the construction of the dead. use their own discretion and act. trustees or of the members in or- Again it was pointed out by in accordance therewith. They dinary or special general mcoting. counsel that no machinery is may if they choose consult the Tho rulo

third Com

in provided for ап olection of community but the responsibilty, order of four rules dealing with officers by the community. It is clearly with the trustees. meetings; and moreover I think might be highly inconvenient to have now dealt with each of the its wording shows that it is meant summon on a special menting for questions submitted to me in its to regulate the precedure at mest such a minor detail as the ap- proper order, but it may be us inga; and is not intended to have pointment of a siccessor to a well to point out that the require-U. S. RHODES SCHOLARS, a wider application. If both secretary who has resigned that monts of rule 20 have not been officers are absent from the most-ollice while remaining a trustee. carried out. Its provisions are Anonymous Writer Says they are ing then I think that, for the pur-On the whole then I think that imperative and it is clearly the Loss of that meeting only, one of the appointment of the officers duty of the trustees to do that The trustees prozent may be ap-lies in the hands of the trusteos, which is anjoined upon them. It pointed accretary and another pr. But I am not sure that this ox- they are of opinion that sterool5- sident or the same uus'co may he tonde to temporary appointments pod byelawa would be detrimental appointed to act both as secretary for the purposer of meetings to the interests of the trust, it is in an article in the "Academy The above-named steamer having and president. Or if one officer only. In the absence of the regular their duty to take the proper stops for September 21, signed "Young arrived, Consignees of Cango ate only be absent, the other, for the oflicers I think the appointment to get the rule altered. I do not Oxford" "The fact in," thereby notified to send in their Bills of purposes of the meeting, may be of a prosident and necrotary of a of course know whether my con-

writer says, Wo have no use Lading for countersignature, and to appointed to fill his place. And meeting would be in the hands of clusions will be accepted by the for Americans at Oxford. He take immediate delivery of Cargo from this whether there are four tras- the members present at that motpartios. But in any case I should does not understand us and alongside tea in the colony or not. The ing. (4) Whether upon such can-like to warn them that the final takes away false impessions. The Cargo remaining undelivered on only question under rule 15 is ah struction na aforesaid, or other determination of their domestic very best tyre America gives us MONDAY, 28th October, at 5 r... sences from the meeting. I have wise, the decision of the majority differences does not properly rest boars the stamp of ineradicable will be landed at Consignees riak and next to consider the words" either of the trustees of the said deed on with the Courts of law. It would puritanism, an excellent birth expense and delivery must then bas taken permanent or noting." They may questions relating to the manage he quite easy with a little wrong-mark, perhaps, but it is an excel-rom Company's Godern.

No Fire Insuranos whatever will be have been intended to mean that blent of the trust fund provails headedness on either side for the loace that is exasperating. If the effected. a permanent or substantivo pre- and is the decision of the trns-whole administration of this trust young American is not puritan, No Chim will be moognized after sident might be appointed to not tees. This can be answered to be brought to a deadlock. then he is to bo pitied, for he is theGoods have let the Steamer or as secretary for that meeting-or very shortly. am quito The explanation is very simple. usually rather diapicable. They Jodown, and all Goods reusising vice versa or again, that, in the clear that on all questions, of When rules of this sortare drawn do not know how to, shall we say, undelivered on MOBDAY, 4th Nov. absence of both offers, another management and administration up the founders of the trust have very the montony of virtue in a at 5 s., will be subject to runt and trustee might not both as pre-of the fund, except where other confi-lence that their successors manner that is at all plossant to landing charges. sident and secreinry.

wiso, specially provided by the who are united by common tios behold." Apter words might no doubt instrument, the decision of the of race and religion will not re- have been employed to express majority of the trustees should asonably in the settlement of their lias intention. But if that is not travail. They are bound to ex-differences and will make allow- the real meaning, and it is neces- croise the discretion conferred on ance for one another's failings, of a house sary to construe this language as thom and they have no right to The Zoroastrain Community is in Des Vour Road, near the be regalsed." conferring a general power on abrogate their functions in favour honoured, wherever its members Kwangiang Bark gave way to on trusted to hold both offices of even a majority of the oom have found an asylam, for its in- dar, osusing part of the roof permanently, then in view of the munity. The trustee and not the telligence, Ita liberality and fill la

I

The officers of the new draft Hongkong, 28th Oct., 1912. - (707 now on board the Soudan are.---

7

་

Major J. Going.

Capt. W. O. Prichard.

Lieut G. T.G. Barry:

Licut D. G. Johnson. Lieut C. M. Tippetts. Liout A. E. Williams. Liost R.L. Petro.

Lieut. J. Q. Coker.

Liout A. R. Godwig-Austen Lisut A. N. Cahusac.

་་

not Wanted.

"Cada without à senzo of humour, "nio the American Rhodes

scholars at Oxford, as designated

Partial Collapse of a Buliding

It is reported that some beams

TO LET.

Two

*WO Single r some, Arabla Nor"

ember 1st-European Young

Yea's Christian Association, Alexander Buildings

Hongkong. 28 h.Oct., 1912.

I

TO BE SOLD.

(708

O BE BOLD-A Honeg, o

Baker Rod, a at Trim Station.— Denison, Rim & Gibbs. Hongkong, 28th Oct, 1912.

• TOYO KISEN KAISHA.

[:

8.8. "TENYO MARU," FROM BAN FRANCISCO,

HONOLULU JAPAN PORTS and MANILA,

fr,All- obafed - and otherwise damsged Cargo to be left on board or godon is

and

THE

LONDON

D.C.L

BAND.

LORDON

DISTILLERS CL

LIMITED.

DC.L

LONDON

OLD TOM

DEN GIN DISTILLERY 97:TOQLEI SI LONDON,SE, RÇOLSTERLO OFTAR EINNERNIGH

SOLE AGENTS,

mamination of une to be helin GANDE PRICE & CO., LTD.,

TUESDAY, 5th Zor, at 8 mm, IS All claims must bi filed on or before

under ...... repair 17th November, otherwise they will not

BMORIMOTO:

Wine Merchants."" 12, Queen's Road Central, Hongkong. HONGKONG!! Talephone No. 185,3

Horrka-, 10th October (918)

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