1914-02-13 — Page 4

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THE HONGKONG TELEGRAPH. FRIDAY, FEBRUARY 19, 1914,

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"HONGKONG TELEGRAPH."

The Hongkong Telegraph.

MONGKONG, FRIDAY, FEBRUARY 13, 1914.

THE COMING reform of EDUCATION.

DAY BY DAY.

IT IS EASY ENOUGH TO BE HAPPY WHEN LIFE FLOWS BY LIKE A

BONG.

JUT THE MAN WORTH WHILE. 18 THE MAN WITH A SMILE WHEN EVERYTHING GOES DEAD

WRONG.—ADOD

to-morrow.

"

Siberian Mail-Closes per 8.8. Chonan at 5 pm, to-morrow,

St. Valentine's Day. To-morrow is St. Valentine's

Arrived,

CHIEF JUSTICE'S BEREAVEMENT.

Cable Informs Him of His Brother's Death,

"THE IDOL'S EYE.”

J

SHEWAN TOMES & CO. and the remainder that does not one which was mentioned by the consist of goodwill he must pay learned Chief Justios in his jadg. the market price for on the day.ment.

Partnership Dispute 'Appeal on Dissolution Action.

(Continued from Extru)

in

cust the

i

010.

Ilay the greatest possible stresa The Chief Justice:-What do on those words, most carefully you say about Stewart and inserted by the skilled draughts-Gladstone? man-property other than good Mr. Alabaster:-They are all There was no sitting of the Falluta'd-r. These rticles give will, which he refera to as regard taking over cases they have Court of Appeal to-day. In fast him that right, but they also the earlier alauses. (Mr. Alabaster been used against me as taking over on valuation. The drafts- The Mails.

it has been adjourned until Thurs- give him the right to refuse then read the agreement).

Alabaster man has to remember these quses; American Mail.-Leaves per s.sday next.

to take it at valuation if it does

Continuing, Mr. Minnesota at 4 pm. today. This has been caused by the not suit him. I would point cut said-I have given two reasons, and provide for them. Jennings English Mail-Arrived per s.. sudden news of bereavement that "shall be at liberty occurs and the chief which I have al-and Jenninge is the other case

Assaye this morning. which the Chief Justice, Sir W.in 11 and 15. The word

"may"

ready given in he cannot dispose mentioned by the Chief Justice Siberian Mail.Arrived per 8.8. Rees Davies, has sustained. has been used.

of the goodwill without mention and is a cass which we are sap- China this morning

In a communiostion to the Prosa The Chief Justice: It amounts ing it, because you cannot say posed to have relied upon but that American, Canadian and Siberian the Chief Justice intimated that to the same thing.

the market price of the day, and is a taking over case too. In that Mr. Alabaster-It means the for the remainder of the property case the old partner became ven" Mila-Laft per a e. Shinyo be had received a cable this Maru this afternoon morning informing him of the same thing. If he does not like you can say that. And as they dor and purchaser. They Sibrian Mail.-Clus98* per

8.8.leath of his brother, Dr. Stanley it ho need not bay. He is given intend to deal with the goodwill all taking over cases and so I go Assaye at 5. p.m. to-day. Davies, at sea.

a right which he does not other here, they have got specifically to back to that part of the judgement- Eoglish Mail-Closes at 11a.m. Dr. Stanley Davies was medical wise possess to take it at the mention the goodwill here. It which says that Prima facie pro an perty and effects convey every- officor in the Leeward Islands and valuation or to refuse if he wants need not be mentioned in

be thing but in other cases of course. to. He refuses and either does nuotion "clause; it was aged 47 years.

not take over at all or he takes mentioned

pther they don't. And the cases where over, under clause 15, which is clause if it is to have a value at all. they don't are "taking over" cases. the option clause. If be prefers There is another reason for men- In a taking over caro they, the auction value he can take it tioning the goodwill in these don't unless it is specially mou at auction value under clause 15, olhuses and it is this the earlier ioned. That is shown by the or if he prefers he can take it at solause of course 15 is what I recent cases. [Continued from Page-1,) The part of Mr. Brewstor was fixed price which outsiders would called an auction clause, but the in the hands of Mr. W. A.not be able to close with.

earlier clauses contemplate the The Chief Justice-It comes disappearance from the business Hannibal, who made a great hit. As a self-made, uneducated man to the same thing.

connection of one of the partners, of wealth he was extremely suc- Mr. Alabaster: If he refuses and, secondly, co-relative to cessful in the presentation of the to buy under the earlier clause it that, these earlier clauses, con- part, nd he did much to keep the is put up for sale. If the fixed template piece moving Captain A. H.K, price is less than the actual value of that Watson; in the role of Branscombe he scores over the outsider. Bat other was another big success, and he il the goodwill is higher than the cases which decided that if any cases seem to show that goodwill played the part with a rare con-option value he does not take over such state of affairs should come must be specially mentioned, but ception of what was required of the goodwill because it is not up as the taking over of another's these casas don't say that it in so According to Progress, the An- him. Mr. V.G. Smyth and Mr. worth his while, and he bids by the other the whole business in auction clauses. In that osse 8.L. Webber were entrusted with against the outsider at the auction connection--if the goodwill is to the court would look to the that could be conation's magazine, theY.M.O.A. Camera Club is booming and now the characters of the prospectors That, I submit, is the reason why be paid for specially it must be best price

benefit "bat these clauses have been in provided for in the terms of the ascertained for the "prospect members are joining every week. (who liked any

work), and they 100 were alto-serted, and the next question in taking over. The leading casef both parties. That is shown Brigadier General T. D. Foster gather faultless in their work. why they were so drafted. There i call it the leading case, as the by a recent case of Smith and why the other 01883 follow it and Nelsons 92 Law Times Report Inspector of Army Service Corps, The author of the play took one several reasons

by arrived here

the ER the character of Lai On, and his draftsman drafted them in this date from that case, although 1905 at page 316 and 317. Now In clause 15 it is not sometimes it is miscon- that principle is always adopted, visit of was certainly the cleverest work way. Assaye to-day, on a inspection.

Y.M.C.A. Members.

Day,

Mr. J. Bell Irving arrived from Shanghai by the China to-day.

Lord Herschell's Visit. Lord Herscheli is. at present staying at the Hongkong Hotel.

!

Social.

Tea Y.M.O.A. is arranging a ncial evening for the 28th. inst. Mr. Fuller Leaving... Mr. Desman Fuller leaves the Colony to-morrow by the e..

China

Y.M.C.A. Camera Club.

"General Arrives.

What's. In a Name?

On A Vilt.

:|

The President:What do you

call exactly a "taking over" case?

Mr. Alabaster-The case con templated in articles 11 to 14 where a right is given.

The Puisne Judge. Of option? the taking over Mr. Alabaster :-An option is bey connection by the conferred even if it is insisted Now, there are certain that he must take it over. These

On

Ная

The Chief Justice :-Bised on,

it

of the evening. The astute, necessary to mention goodwill strued-the leading oase on that by draftamen of partnership wily Chinese servant could specifically because of the three point is the case of Hall and articles and is shown in the form The following have been elect not be better portrayed, and ulauses which I have cited, for the Hall in 20 Beran, where the state given in the book of forms, Ea of the words in it are sufficient to convey of affairs are provided for con-oyolopaedia of Forms, and other od members of the Y.M.C.A.-by his "handling Mesra, A.S.D. Coneland, W. E, part Mr. Oroase showed himself goodwill, but in the earlier clauses templates the taking over of the books as I shall show. These Douglas, J. H. Hearne, H. Holm, a clever observer of Oriental it is necessary to mention good-business as a going concern from provide for goodwill and for pro- (for A. F. Knapton, D. C. Ross and characteristics. Captain Skrim- will specifically for reasons which the partner who is going out by perty other than good will I refer shire did the love-sick Arthur Taball give. The first of those the partner who is remaining to Encyclopaedia of Forms and A. W. Tickles.

during the term. Dane just as it should be done, reasona is this:The earlier in

The Precedents D at page 489. 439 first form I draw your Advertisements and Subscriptions which are not ordered for a fixed

period will be continued until countermanded.

The appropriateness of a name while Mr. G. P. Lammert could clauses give the continuing park whole thing then is, if the is the (Payable in Advance.)

in a money lending case drew a not possibly have been improved ser an option to buy at the fixed goodwill has to be paid for it Lordship's attention to 202 is an remark from the Puisne Judge in upon as Wo Pak, the Abbot of price. Now, in order to get the must be mentioned, and the lead-alternative form. the Summary Court this morning, the How Kwik Monastery. He fixed price for the goodwill it is iug case on that is Hall and Hall.

in his essential to mention it. It is it is an authority in my favour Davidson? The plaintiff's name was Lender was ably seconded

'Mr Alabaster :-Yes and Fri- Fiogb.

efforts by Mr. R. G. Manro essential to mention it because although it has been used against A Woman's" Loss.

This case is decided in deau, Clause 21, expresses the 35 Hang On, his assistant, you can fix or arrive at the price of me.

even without mention Bevan, the claim of a retiring general rule upon the determing A married Chinese woman re- and Messrs. H. I. Jones, J. A. assets iding at 5, Chean Hing Lane, Young, R. Brown and M. F.ing the figure, because you can say partier for the share of the value tion of the partner eto. There is reports that some pers has Murray as monks of the same it shall be at the market price of of the goodwill of the business no mention of goodwill.

The PresidentWhy should stolen from her cubicle seventeen institution. Of the ladies chief the day. The goodwill you must dissolated, 20 Bevan page 139.

The PresidentIt is an in-there be if the partnership comes pieces of silverware value $30 honours fell to Miss Robertson, mention and say it shall go at so and three pieces of clothing who was particularly sweet and and so. And so it is essential instance of a case in which the to an end?

Mr Alabaster I say there valued $18.

vivacious as Patricia, while Mrs. the valuation clause that the court will not allow a compensa. Discharged.

Francia Clark gave a very smart goodwill must be mentioned, tion for goodwill but it does not should be none.

The Presidoot: Why? A girl of fourteen years, living interpretation of Mrs. Andton, and that, I submit, alone is ny that it will in no case.

the constraction of the documente Mr Alabaster:-Goodwill, oan at 16, Possession Street, was the giddy widow with an eye sufficient. charged before Mr. J.R. Wood at to the main chance. Mra. The next point-the draughtsman it is possible that the court would he sold without incluing novels, the Police Court to-day with steal- Copley Moyle as Daphne Price, in drafting these clauses has been held it was not contemplated that snoludes goodwill taken from tae general managersbip. God- ing a silk jacket from the roof of rather overdid the part, though scireful to avoid the construc- it would be.

Mr. Alabaster-There is an will is not mentioned and there is of No. 24, but was discharged. she was always dainty and tion which unfortunately has been

fascinating. Others who ap- put on these siteles. It be basolt book on partner-hip-Duno necessity for it to be mentiɔn- Should the present Liberal Government manage to survive

Mr Everard Digby, formerly peared in the caste as guests at any other express word luton Partnerships in 1860 at page, it is uotu "taking over" clanse as a determination. That is the sufficiently long in office, we may soon expect to see the country editor of the Indian Daily News, were:-Mesdames Carter, Dobie, thee clauses, it has been over 480.

The Obiel Justice: I suppose general rule in the bracketed once again convulsed over the education controversy, which some Calcutta, and now director of the Evan-Jones, Forbes, Huat, Relooked in the reasoning part of few years back caused such bitter antagonism in sectarian oirdles Indian Telegraph Press Newe bertson and Wenborn, Misses the judgment. If your Lordshipa it would apply in Hongkong. clause. As to the alternative, intended the There used be no surprise that an Agency, is on a visit to the Colony Main, Macdonald & D. Robertson, will turn to the first page of the Supposing there is going to be a t up and down the land. Education Bill is foreshadowed; the surprise is that it is so long me has a brother on the staff of Messrs. Archbutt, Abney, Biden, judgment, articles twelve and definite purchase of the good will next clause is the alternative.

The price to be pail for the articles of partnership?

nat to be sold on the' coming. For it has to be remembered that is is from the extreme the Medical School of the Hong- Brown, Jones, Murray, Rosser thirteen, article twelve rearle it must be mentioned in the lanes if is intended the goodwill

kong University. On his return and Young.

A word must be said of the shares by the deceased

or bank Nonconformist section that the Government draws its main support, Mr. Digby proposes to make a

Mr. Alabaster.-If the artiole fetermination, it is specifically and the demands of this element-consonable or unreasonable briof tour through the Malay staging of the play, which rupt partner shall be the same contemplated the taking over by mentioned in

altogether beyond zo-twenty five thousand dollars-one partner during, the time of clause which is 22. So on the though, they be-have never been met. The securing of so-called States.

Overdose of plum. « proach. The first act was very largely increased, or a sum agreed the other, if it gives him that determination we have got no "justice" to Nonconformists in the matter of educational facilities

A married Chinose woman, prettily laid, while the second, apon, and the price to be paid right to take over any share of mention if it is to be sold, but if was the pet cry of the party when it came into office; yet to-day, aged 41 years, from 46, Square that of the Monastery, wasmagai for the deceased share or bank the valuation it is proper to state it is not to be sold it is mentioned. after many years of holding the reins of administration, the Asquith Street, was removed to the Go-ficent. The scenery for the latter rupt's share of the property other what shall be paid for goodwill, That is the determination-23 is Ministry stands precisely where it did on the question. Nothing vernment Civil Hospital yesterday was lent by the Ping On Amateur in the goodwill shall be the whereas in the auction clause is the taking over clause.

The Chief Justics-22 is the and died shortly after admission. Dramatic Society. Mrs. Somer-next value thereof," and that is is not necessary. That was a

Mr. Alabaster: Yes, being in On the general question of educational reform, quite apart from Her death is said to be due to an ville Dobie kindly assisted with exactly the same in clause 13. taking over case and it is explain alterastive? the narrow-minded sectarian standpoint, there can be no doubt of overdose of opium stated to have the costumes, which were most The price to be paid on the ed as I shall explain it, adopting

been adzainistered by her husband effective; and the whole stage parobate of the shure of the the language of Dixon. So it brackets this indicates the And it is to be to ease stomach paine,

partuer in the need of a consolidating and unifying measure.

the would be to meet that ease and alternative forms. You will find The effects were a tribute to Mr. John retiring hoped that it will be in this spirit that the Government wil Lusband has been detained for Robertson, who produced the business twenty-five thousand others lies it that the draftaman special clause to deal with it. play. Music was supplied by dollars, now $150,000-and would find it essential to put it in 20 is not in brackets and it is the approach this vitally important subject. Year. by year the cost of police enquiry.

Minnesota Delayed. the D.O.LI. orchestra, while the the retiring partner's property as an option clause but not as an taking over clause and expresses elementary and secondary education has been progressively increas

The Great Northern liner Mia orchestration was carried out uther than the goodwill shall be auction clause. The Chief Justice Le general law in a taking over ing. Ons result of this has been to cause education to grow innesota was to have sailed for by Hanumaster Roberts. The as in article 12, so the most i referred to Hall v. Hall on pages the purchase of a share unpopularity all over the country, and the problem which has now Seattle yesterday at noon, but the audience was much appreciative, portant words carefully placed in 6 of his judgment and another ufa decessed partner. There is to be faced is how to awaken in the nation as a whole a true sailing had to be postponed in and at the close there were insisto guard against any possible case in his judgment which the general law; it is exactly alates was followed, is ty same in the general appreciation of the value of education and a genuine enthusiasm for consequence of a strike among tent calls for the author, who misconstraction are the words be

the Chinere firmmen, sme 110 appeared before the curtain and property other than goodwill. shown in Law Times Reports law of portions of the detera it. That is no easy matter. For with all the money which is now in number, who demanded more made a few remarks, Among In other words it is this: a valua pigs 307. Also I would say about mination clause, in the non- spent on education, and with all the elaboration of the school wages. We are informed that those present were His Excellency tion clause of property includes it, it is followed by others which taking over clause goodwill is cases by one not mentioned, but in the taking. Durriculum, the results, so far as the finished article the bay or the strike has bean settled and the Governor and Lady May, H. goodwill. The two cases show are "taking over

over, clause it is mentioned" be- that the steamer leaves at 4 p.m. E. Admiral Jerram and Mrs, 1, 80 I say that for the good- of the partners. the giriis concerned, are anything but encouraging.

to-day.

The Chief Justice. It is decid-oause it has to be mentioned to It is one of the weaknesses of our pressat educational

Latest Advertisments, Jerram and H. E. Major General will portion of the property

the continuing partner pays ed on authorities? meet these cases. Clause 25 the fixed price anamed, The weights for the Foochow Kelly and Mrs Kelly, system that in some areas anything but fall and adequate facilities

aad Mr. Alabaster:It is decided one of the alternative clauses, bat for the portions of the on authority. So I distinguish 23 and 24 convey the mode of are provided, There are vartain counties where only the poorest Cup in connection with the

property other than the good will, those cases on the same ground. payment of purchase money which type of teacher can be secured, and as a consequence the cause of Races, ere published.—Page 5.

The Exchange, Fire and Marino

The remaining portion of the pro- The next case refered to by 18 immaterial. The alternative s orsation of a instances Officer will be closed education suffers severely. What is needed is the

perty, he takes it at the ascertain the Chief Justice is Stewart and clause in 25, in heavy brackets truly national system, the object of which should be to provide that on Monday, Tuesday and

Hongkong Shield Competition, able fluctuating price it is Gladstone. That is alto I think page 403, and in this event.

lized at. It is flectoating, but taking over case. That is question of goodwill is me in all parts of the country children of all ages may have the Wednesday next.-Pago 5.

Consignees notice is issued The ma'ah. EM.S. Minotaurortainable price. He says the case where there is the dis again. In the event of dess opportunity of enjoying g instruction appropriate in kind and satis regarding the Benlomond.-Page v Hongkong. Olab will be played the continuing partner takes cussion as to what is the meaning any partner and the arobase of factory in quality. As we see it, there need be no tinkering with 15 on the Club ground-instead of

tho property the

tint includes of goodwill. It ia a "taking over is share of the the bitter question et denominationalism, let all energica be Mr. G. P. Lammert has a sale the Naval ground as previously the goodwill and so much of the cass on valuation. Gray and surviving partnera, or

property that consists of the Smith 63 C.D. ja another taking value shall be placed on the pentred on the framing of s great unifying scheme. If such an of valuable houss hell forniture notified to-morrow afternoon at

zoɔms on the 2014 elook:

goodwill he must pay $25,000 for over case. The next case is the ters are hopes for the future. But only so.

MAP Storris apta sa referee.

has been done."

188

FOOTBALL

the alternative