1915-05-12 — Page 8

THE HONG KONG TELEGRAPH.

“ALIEN ENEMY'S AFFAIRS. one year, but he was putting it

Sued for Rent.

EXTRA

HONGKONG, WEDNESDAY, MAY 12, 1915,

YACHTING.

ROYAL HONGKONG YACHT CLUB.

On

Denone Cup.

TO BE WOUND UP.

THE YUB HING "COMPANY

LIMITED

now that defendant was unable personally to occupy it and he said that because he was not personally able to occupy the house and had left it on cocomnt In the Summary Court, this of Lae interning act of the afternoon before Mr Justice Government, that 39 far 58 Hazeland, Mrs. Hickie, of Mont he was concerned, the contract pellier, Queen's Gardens, Peak was finished. Well this was a The race for the above Cap Road, a boarding-house keeper, case where the house which was kindly presented by the Hon. sued Messrs. Lowo, Bingham and let to the tenant was occupied by the Colonial Secretary, was sailed Matthews, liquidators of the an alien enemy and he had not off affairs of B. Beilkan, an alien even the opportunity, apparently, fresh north easterly breeze over Saturday last, in a enemy, formerly superintendent of letting it to anybody. In this the following course, starting engineer in Hongkong to the case, apparently, occupation of from an imaginary line drawn Norddeutscher Lloyd, and now the house was taken from the from Murray Pier to a Mark Baat prisoner of war in Hung hom tenant and be was unable to out in the stream. Lyeman and Hastings, appeared for the oamp, for $440, being rent of

occupy it himself and apparently Beacon (S) Kowloon Rook (F) No. 26 Belilice Terrace for the was unable to let it to anyone Channel Rock (8) Cast Rook meuthe of November and Decem- else; nevertheless, in this case the Boy (P): Mayora East Buoy (P) ber 1914 and January and rent continued to be payable... Distance 10 miles, and resalted February 1915 at $110 per His Lordship:What became as follows :- month..

of the alien enemy; ia he burned out of the house?

Mr. H. K. Holmes appeared for the plaintiff, and Mr. Dixon, of Messrs. Wilkinson and Grist, appeared for the defendante.

of summons.

Mr. Holmes: As far as I can gather, the alien enemy occupied the house, depriving the tenant of In opening the oase for the the benefit of it. He could not use plaintiff, Mr. Holmes said in this it and could not let it to anyone base the facts wore set out rather else because an alien enemy o6- mare fully than usual in the writoupied it. Defendant said he was not going to pay the ront; it waO His Lordship: Have you leave not his fault that some event over Mr. Holmas said, that he had which he had no control deprived been informed by the Attorney him of that house. In that case the General that he had leave and that rent continued payable. Against written leave was on its way. The events he should have protected Ordinance did not say "permis- himself by insurance. If a man sion in writing" but he did not protect himself from the could sagare his Lordship that damage caused by fire etc, he he had permission. The parti- omitted the insurance at his own culars on the writ of summonerisk." If the tenant wished to were agreed to and the argument protect himself he had to do BO resolved itself solely into que by a proviso in his agreement, or on the point of law as to whether embodied in his contract. If he the internment of the defendant was not able to occupy the operated 08 nullifying bis

contract.

His Lordship: You agree to

that?

Mr. Dixon-Yos my Lord. Mr. Holmes said it was a ques tion of whether the notion of the British Government in interning he was in the Hung-hom camp

Name

LL

COMPANY REPORT.

The Hongkong Electric Co., Ltd.

VOLUNTEER ORDERS.

Corps Orders issued to-day by Lieut-Col. A. Chapman V. D., state

Leave.

teste of absonce from 11. 6. 15 to Sapper W, Trueman is granted, 11. 8. 15. k

to be received with great caution and it had therefore boon necessary to look for independaas corroboration of the mass of documentary evidence which was before the Jourt in relation to

· various transactions in the com- panies affairs..... ohm sem eru sto

I am The following is the report of constrained to observe that the the board of directors to the circumstances in this case are twenty sixth ordinary yearly meet probably unique and it la incon- ing of shareholders, to be held at

Resignation. ceivable that care of this the company's offices, St. George's

Private G. Cormack is per character, covering an is does, building, at 12 noon on Saturday, mitted to resign, on Medical an extraordinary Geld of alleged May 22, 1915.

Grounde, dated 11. May 1915. ever have a precedent in the have the pleasure to submit the oriminalty, has over or could Gentlemen, Your directors.

Parades, Parades for Thursday, 13th ic- English Courts."

accompanying statement of the stant. 5.10 p.m. Centre Section The conclusions his Lord Company's accounts for the year M. G. Co-Company Drill & ship arrived at were, that ending February 28, 1015./ Skirmishing at Kowloon Djoke. the petitioner had not proved that The balance at credit of profit Launch leaves Statne Pier at 4.50 no statutory meeting was held. and loss account is $418,375.66; p.m. 5.15 p.m. Civil Service Co. There was, as he had already and after deducting directors-Aiming Drill & Muskotry Exer poisted out, a grave suspicion at fees ($3,000) there remains a sumcises at Headquarters, taching to some of the transactions of 8413,375.86 available for ap Detail-On duty antil 7 a.m. and it was possible on that issue propriation, and your directors 15th instant H.K.V.E. Next for that systematic and fraudulent recommend that this be disposed duty-Centre and Left Bectiona ingenuity, triumphed, but the of as follows:-

M.G. Oo, and No 4 Seations Scouts Oo, Officera on duty. Captain G. G. Wood and Lieut. A. M. Preston, b

cent.

T

Sir William Ross Davies (Chief Justice) gave his decision in the Yue Hing Company Limited the winding up petition, at Supreme Court, this morning. Mr. i. O. Jenkin instructed by Mr. MoNeill (of Shanghai) and Mr. Crew, of Messrs. Hastings petitioners, and Mr. C.G. Alabas ter and Mr. Eldon Potter, in- structed by Mr. C. E. E, Beavis, of Messrs. Wilkinson and Grist, appeared for the company and Mr. Potter further represented certain shareholders who opposed the petition.

The case was of interest to local merchants. The petition stated ons of establishing the allegation To pay a dividend of 20 per that the Yus Hing Co., was was on the petitioner. Apart from

norporated

ander the the alleged fraudulent documents, Say $2.00 per share Hongkong Companies Ordinance he was confronted with a bulk of on 60,000 shares..$120,000.00 of 1011, on April 20th, 1912, direct confirmative evidence, To place to reserve... 70,000.00 with registered offices at 95, Jer-whether tzde or false, in To write off plant ac- vois Street. The nominal capital support of the respondent's was $200,000, being divided into oise, and further the peti 2,000 shares of $100. "The tioner's two main witnesses. amount of capital paid up or ere themelves tainted with oradited as paid up in respect of guilt. He desired however to add, the first call was $100,000, and, that his decision on this point was as far as the petitioner was aware, based strictly on failure of proof another amount of $43,500 by the petitioner and that he was had since been paid up. The not to be regarded as relying on objects for which the Company the credibility of the respondent's was established were to carry on witnesses-On the second point

59,760.00 the business of opium merchants, he was clearly of opinion that the and to act as general agents for combination of circumstances

$413,375.56 The Toronto horse show, which |the sale of opium and other goods, disclosed in the affairs of this Directora In accordance within ordinary times is a most eno

and for the objects sat forth in company with which he had the Articles of Association Mesers, cessful social event, has been can- Special Police Reserve Orders the Memorandum of Association. dealt, required him to order it be S. H. Dodwell and J. W. C delled this year. Instead the issued to-day state :----

In the petition it was coning wound up and heaccordingly Bounar retire, but, being eligible, directors have voted $5,000 for tended that it would be did so. The costs of the petitioner offer themselves for re-election. the war and patriotic fands.

Beuter.

Irene

M. S. H.M.S. H.MS Miranda Saratch. 4.14.44 4.14.44 Оздола 1.40: D. N. F Queen Bee 5.00 4.33.38 4,28.38

Dorothy II 5.00 D.N.F. 5.00 D. N. F.

Scotong-

6.40 4.24:394.17.59 den Fiors Tatten

25.00 D. N.8. 25.00 'D. N. F 1st Miranda: 2nd Sostengdan. 3rd Queen Bee.

SPECIAL POLICE RESERVE ORDERS.

Parades. Central Police Station:

count for deprecia tion

199-440196-919 'as que

To write of property account for depre ciation

To write off furniture account for depre ciation ...................) To pay a bonus to staff To carry forward to

next account

Capitali 60,000

...

145,216.26

0.00

LATEST SHIPPING NEWS.

MOVEMENTS OF STEAMERS. The C. P. B 18. MONTEAGLE'Isf Yokohama on Tuesday, the" 11th May, p.. due to arrivs Vancouver on Tuesday, the 25th May,

The P. M.89. PERSIA will be despatch-- 633.31ed from this port on Tuesday, May 8, st 7,765.37oon for San Francisco, vis Manila, Nagasaki, Kobs, Yokohama & Honoluta.

J. W.O.BONNAR,

Chairman.

just.. and equitable. that and those of the company would Auditors. The Accounts have May 12th.-Fire Control Drill the Company be wound have to be paid out of the estate; besa sudited by Mr. O. Barnard for picked men from Chinese, up because of certain oiroum the parties who opposed the Brown, who retirea, but offers Portuguese, and Indian Comstances connected with the man- petition should, of course, pay himself for re-alention. panies only, 5.30 p.m.

agement of it and which it was their own costs. He desired to Thursday, May 13thRifle contended required strict and add that Ku Yin-sun, had been Exercises for whole of Ohiness immediate investigation. It was guilty, on his own admission of Hongkong, 7th May, 1915. Company and for Indian Platoon.alleged that "overwhelming in most reprehensible conduct, and 5.30 pm, Nos. 1 and 2 Platoons finence" had been exercised by had he been the petitioner, he of let. Chinese Company will Lee Hysen, the permanent manag (bis Lordship) would have dealt parade in uniform for inspection ing director, whose conduct had with him in the apportionment created a deadlock in the conduct of coats, but there was no power af the Company'a affairs. It was under the circumstances to malas had been made in the Company's to do. further alleged that fales entries him as he should have desired Sandry creditore... minute books, of business pur- Ca the question of a sisy and porting to have been transacted other matters relating to coats, at two general meetings, which it his Lordship invited counsel into was alleged were never held. Ohambers. There was also an allegation of irand.

of same.

Musketry Meeting.

,"

;

INDIAN RAILWAYS.

Proposed State Management.

Balance Sheet" LIABILITIES.

ahares each $10 paid up $600,000.00 Reserve account .. 130,000.00 16,223 76 13,092.23

ber of the City Red Croвa Com- A raffle instituted by a mem

mittee for a German helmet, picked up at the front, which had come into his posses sion, realised £40. The sum has been handed over to the fùnds of the Jity branch of the Red Cross Socisty.

Insuranos, value Dividendeunclaimed

Pruunt, undivided

profit as per last account Not profit for the year ending Feb. ruary, 28 1915

Assets.

Plant and mains aq- count, cost of, as

premises be should have provided protection for such an emergency in his contract. A man looked upon war as being so improbable that he neglected to protect himself, bat he had to pro- test himalf if he wished to be free from the inconvenience of such events. He was not trying to force nullified the contract.

anything that was unreasonable. Mr. Dixton: - Nullifes The plaintiff was renting the suspends the contruct or not. house from another landlord Mr. Holmes asid it would be through Messrs. Linstead and necessary for him to refer briefly Davies-the landlord being Mr. to the facts in order, as it were, to Belilios and as to whether his clear the way for the application proposition was perfectly reason- of certain cases. His Lordship able or not; bis Lordebip

Friday, May 14th-No palade. would see that this was a contract would ese that plaintiff bad Company Rifle exercises, ander Saturday, May 15th-Chinese of tenancy, and the tenancy was been, paying for the house during pang-ila Boylante 3 p.m. for one year, and during that the four mouths and she was year the defendant was interned: claiming from the defendant, the

Sunday, May 16th-Chinese Eis olient was in the position of rent that he had to pay her. He Company at Chinese Recreation landlord, and the defendant, eubmitted that that showed that Club Ground, Causeway Bay, tenant. During the year, the proposition was perfectly reason-

10.30 à.m. sharp, tenancy commenced on May 1,able. If through some inevit Saturday, May 15th-Thirty

Musketry Practice: 1914-at the end of November or able necessity" the tenant had to

In the course of his finding, just prior to November 14, the leave the house, he was clearly men detailed from Portuguese bis Lordship said that this was a defendant abandoned the promises responsible for the payment. The Company-Peak Range, 2.30 shareholders petition asking that because of his interament, being best his client could do, although P.m. Inspector Mason will take the company should be wound up interned at the end of October, under no obligation to do so charge. The Platoon Sergeants by the Joure under the provi- He left the house vacant and was to let the house to someone of steady fog in Victoria Gap at 1911. The company was incor should attend and assiet, la case sions of the Companies' Ordinance ancocupied, in the hands of the else. She had succeeded and had plaintiff and she endeavoured to thereby arved the defendant the 12.45, this parade will not take porated in April 1912 and was let the house to someone else rent for two months of the lease, place,

established, to carry on the basi¬ before the year was up. She had Mr. Dixon anid they admitted

ness of raw opium merchants and succeeded in arranging for some the plaintiff's attitude had been

On May 24th. Mr. E.. Sharp, to buy and sell and deal in opiam body else to take over the house, perfectly reasonable, but the K.C. has offered for this meeting of all kinds and for the other thereupon, of course, the defend question for the Court was whe a Championship Tranoheon. objsols set forth in the memoran-

Delhi, March 25. ant was released from any further ther in point of law his client was Members of the various platoons dum of the association. The ap- In the Legislative Council a claim under that lease. The liable for that rent, and he hoped who desire to compote will sub-plication was made ander section discussion on State versus com- plaim was from the time that he to be able to satisfy his Lordship mit their names to their Platoon 180 of the Companies Ordinance pany management of Indian Cost of plant, since left up to the time that the pre from the latest decisions and text Sergeants without delay, Only 1911, and was based on the grounds railways showed that the Indian mises were re-let. There was books since the war commenced, compete, as otherwise want of meeting has been held since management would saves orore bona fide "good shots" should (1) that no statutory or other members believe that State an interval of four months the that

80 interned German. new tenant came in on March 1, was not liable to pay rent. He time and ammunition will prevent the incorporation of the company of rapses (about £600,000) au- Properly, cost of 1915. He then quoted from the would fist of all quote Halsbury, Rifles will be available.

this shoot taking place. Service section 130-2; (2) that it is just nually, more equitable rates would Laws of England 18-landlord Volume T and

and equitable that the company be secured, and the internal trade tenant. In this Mr. Holmes said be agreed the The following members are should be wrong set out in developed. It was also urged that up section 130 and industries would by batter contract could not be performed warned that they are included in the petition. There was also an the Indian railways should not be when it was executary, and some- the picked mon drawn from this allegation that no statutory report worked on a purely commerci thing intervened and

provented the control being carried out; company-Backhouse, Champ-had been forwarded to the membisis, but used to foster industry. then the argument put forward ion, Grant, Hynes, Jemes, Lang-bers, but it was admitted that An opposite view was taken by Oost of land, since would be perfectly correct.

ley, Watt, Arnott, Bailey, Fother- auch a report was filed, although the representatives of the Bombay Mr. Dizon said he would quote

gill, & Packham.

not for a year after incorporation, and Calosits Chambers, who Mr. Holmes eaid that defendant Trotter on the "Law of contract

The case had been one of abnorarged the maintenance of the said that as he was sent to the during wa." The contract could

mal length, numerous charges present system with more power Installation mater- Damp, he personally could not not be suspended because the might get into trouble afterwards. of fraud and forgery of docu- to officera in India. occupy the house, he could if war might go on for ten years. If They would not make payment ments of character he Mr. Clark, he Commeros Mem-ial, stook of

and ogal would beinequitable to put a man for any premises other than those believed, without precedent, had bor on the Viceroy's Council stock of His Lordship Does the quee in prison and yet hold him liable occupied and any payment for been alleged against the respond accepted theresolution in layout of tion of sub letting, maiter. Is it for rent and responsible for all sorts premises other that thom crap ont's witnesses, whilst allegations Siate management ad expressing Tools, Book of put forward?

Furniture, coat of of legal actions. By American ed, would be an illegal payment. of the ranken perjury were com the desirability for an inquiry Mr Holmes: --

Ter, there law a contract was suspended. A Messrs. Love Bingham and mon to both sides to the contro without committing the Govern as per last account is the term and he can ase it. liquidator was only entitled to Matthews had come into Court to veray. In regard to the charges of meat to stating that an investiga

Lesamoant provid“. Mr. Dixon-I do not think it pay, according to law, for the get a ruling on the point. He forgery, the evidence

tion had already Was based,

been Bagan into odfor depreciation affects the argament

premices that were occupied and submitted that they were not able largely on the information of two the respective economy of Siste Mr. Holmes said the defendant if Mesara, Lowe, Bingham and Mat to make the payment.

Sword admittedly and company management. The had the property for the term of thewe made payment like thatt

parties to it. Budzevids had

ouse owing to the war the defent ant was, he said, unable to continue in personal occupation of his house;

Bis Lordship-Do you admit

that fact ?

Mrs Diron-You.

he could have found a tenant.

British Company,

Judgment was reserved),

-$1,133,34

of

unexpired por

€2,150,00 7,092:49

tions of policies Sundry debtora

Hongkong and

31,688.10 Shanghai banking

corporation

75,516.03 384,707.50

$1.175,691.65 Profit and Loss Account. $416,375.50 To agenoy and office

expenses 1,175,691.65 To rent and taxes...

To insurance To subscription to

To auditora fees..

Prince of Wales' fund

To bad debts

To net profit

121,582.90

per last account, $649,005.88 Less amount pro-

vided for depre ciation.....

added

land and build- inga ag per last account L839 amount pro-

vided for depre olation.

added********

ince added m

$8,000,00

12,343.57

$3,088.55

1,500,00

200,00

10,048,32

384,707.50

$420,787.94

working

$420,079.01

By Ecrip and trans-

for feee...

39.50

609.43

8420,787 94

8627,442.98 By net profit on

236,533.02

763,078.60

By interest

C.P. CHATER $105,000.00 DAVID LANDALEJ

Directors, SEAN (GIBB, LIVINGSTON & CO.

I report that I have audited the 25,000.00 above balance sheet with the

books and vouchers of the Com

and that in my opinion ench $80,000.00 pany

balance sheet is properly drawn 40,430.00 up 80-as to exhibit a true and dorreat view of the state of the $120,430.00 Company's affaica at February

28, 1915, according to the best 59,998,08 my information and the

tione given me and as shown 12,842.22 the books and securities of the

2,554.95 company,

I have obtained all the

1,030,63 ation and explanations Ih

530,531

$500,00

required:

Stooks have been certified to by the Manage

C. BERNARD BRO

Auditor

683.34 Hongkongh Maroby 1917,