May 1, 1895.1
CHINA OVERLAND TRADE REPORT. will be reversed on appeal. The case may be a very hard one for the shareholders, especially for the shareholders in the Far East, who have not been consulted as to the management, but it would be a still barder case for the depositors if they found that they were unable to recover even to the extent of the uncalled capital of the Bank.
THE PLAGUE.
THE PLAGUE AT MACAO.
25th April
ful to briefly recall the facts of the case. M. LEPISSIER was a shareholder in the Bank, but sold his shares. The shares, however, were not transferred, and remained in his name. Subsequently calls were made and M. LEPISSIER's name being still on the register the Bank asked him to pay the said calls. M. LEPISSIER resisted and a suit was brought against him in the French Consular Court at Shanghai. The case was duly tried and the Court gave a most remarkable judg ment, one which, had it been upheld, would have absolved French shareholders in public Macao boat when she arrived at Hongkong on There were no Chinese passengers on the companies registered under English law yesterday morning. An unusually large num from all liability towards such companies. ber of coolies assembled on the wharf at Macao What the court said was in effect that unless waiting to board the Heungshang in the early an English company had complied with all morning, but the proclamation of the Governor the minutiae of French company lay-which had been made known to the Steamboat Com of course no English company possibly could pany on the previous evening and, of course, the do-it could not recover calls from French Chinese were not permitted to board the boat. shareholders. The Court of Appeal at Sai- All the junks and other craft coming from gon overrules that and decides that a com.
Macao are now being carefully watched by the authorities, and they are thoroughly over- pany regularly constituted according to hauled in the quarantine anchorage before English law has the right, under the conven- they are allowed to discharge cargo. The Can- tion of the 30th April, 1862, to ask French ton boats are running as usual, no medical ex- Courts to order the execution of agreements amination of them being made. It is thought, entered into between it and third parties. however, that this precaution will be shortly English companies may therefore with safety that the rain, has at last made its appearance. taken. A propos of the plague it is gratifying allow the names of Frenchmen to appear on their register of shareholders, which they only replenished the reservoirs, but has given The long, steady downpour of yesterday has not could not have done had the judgment of he the drains a wholesome cleansing. Last year Shanghai Consular Court been upheld. That the rain did not come until the plague was thick judgment was commented upon in these upon us, and it was then thought that the pro- columns at the time it was given and was longed drought had not a little to do with the shown to be opposed alike to common sense rapid spread of the disease. It was the 16th and equity and to the terms of the Anglo. May last year before rain fell in any consider. French Convention of 1862 entered into forable volume, the total for April being only
2.48 inches as against an average of 7.53 inches. the express purpose of establishing the rights and liability of Frenchmen and Englishmen respectively in regard to companies registered in accordance with English or French law.
The Saigon Court not only finds that French shareholders in English companies are liable to pay calls properly made, but also that in this case the calls were properly made. On this point the judgment is of interest to shareholder in the Bank, whether English or foreign, who have it in contemplation to resist payment of calls, on which subject some cor- respondence has recently appeared in our columns. Two other cases have been tried in Consular Courts at Shanghai, one in the United States Court and the other in
the Danish Court. In the latter judgument was given in favour of the Bank, but in the former the Court held that the defendant could not be compelled to pay the calls sued for, the judgment being based chiefly on the ground that the directors had entered into business which was not authorised by the articles of association. That judgment has been appealed against, but the appeal has not yet been decided. The judg- ment of the U.S. Consular Court was cited before the Court of Appeal at Saigon, but the Court did not adopt the view of the American Judge. The bad management of the finances of the Bank, the violation of the articles of association, and the loss of a part of the capital, even if established, would not the Court said, relieve shareholders of their liability to pay the calls made, but could only serve the basis of a demand for the disso-
as
A gentleman, not a Government official, who arrived from Macao on yesterday, expresses his very firm belief that the number of cases of plague which have occurred at that port in no way justify the statement that it is epidemic there, He says that there have been a considerable number of cases and some deaths from diarrhoea, caused, it is believed, through the wells from cooking water having become foul owing to which the poorer classes of Chinese obtain their want of rain. He thinks that the officers from Hongkong have mistaken these for deaths from plague; but admits that there have been one or two isolated cases of true bubonic plague. The authorities, he informs us, are taking prereu. tive precautions and yesterday commenced flush- ing the drains with strong disinfectants.
i
27th April.
Mr. Romano, the Consul General for Portugal, late on yesterday afternoon received a telegram from the Colonial Secretary of Macao request ing him to protest to the authorities of this co- lony against the information given by Inspector Quincey that there had died in the Rus Feli- cidade thirty persons on one day and seven on ning of this month there have only died three auother, it being certain that since the begin persons in that street, one an old woman who had been a long time sick and two children. The Consul. General is accordingly requested to pub. licly contradict Inspector Quincey'sstatements.
PLAGUE NEAE KOWLOON CITY.
29th April.
The plague bas made its appearance at Sha Po Tsai, which is about a quarter of a mile six days there have been six deaths, but, as far north-east of Kowloon City. During the last as has been ascertained, the disease is not very rife, as there are now, it is believed, only three patients suffering from the plague.
PLAGUE IN HONGKONG.
29th April.
lution of the company. This is commou We regret to learn that the plague has made sense and good law. Shareholders who its appearance in the colony, three cases having think dissolution advisable may take
occurred. The patients have been removed to what steps they may be advised to bring ing houses it would seem the disease has been the plague bospital. As they came from board- it about, but there can be no doubt that introduced from outside the colony, and with the courts of law to which the shareholders the prompt isolation of the cases it is to be hoped may be respectively subject, whether English its spread may be prevented. or foreign, will hold that the shareholders are liable, to the extent of the uncalled capital, to meet the obligations incurred by the Bank, and that any judgments to a contrary effect giyen by the inferior courts
The bull, standing and running rigging, engines, boilers, and stores of the Nora have been sold at auction at Shanghai for Tls. 1,100 and the cargo for Tls. 900.
$25
CHINA AND JAPAN AND FOREIGN INTERVENTION.
RECTER'S TELEGRAMS.]
LONDON, 23rd April.
has issued a Proclamation highly approving of The Treaty has been ratified. The Mikado the terms of the agreement, declaring his ardent dosire for peace, and stating that his object is national prosperity. Hopes the Japanese will avoid self-contentedness and modestly strive to perfect their defences Enjoins friendly rela- tions with China. The Japanese Government declares that the commercial concessions obtained from China will extend to all other Powers in virtue of the favoured nation clause.
LONDON, 24th April.
The Times considers the Government have acted wisely in refusing to join the other Powers in putting pressure on Japan, and that the proposed naval demonstration is not only unprecedented, but impolitic.
The conditions of peace do not directly menace British interests.
LONDON. 25th April. The French, German, and Russian Ministers at Tokyo have officially remonstrated against any cession of territory on the mainland of China. LONDON, 26th April.
Japan replies to the remonstrances of Ger- many, Rassis, and France that should the Powers regarding the cession of territory on Government yield to the protests of these
rising of the people, who, drunk with the suo- the Chinese mainland, they would risk an up cesses of the Japanese arms, would brook no concession or curtailment of the fruits of victory.
The British Press approves of Great Britain not joining the combination, and believes that Russia is making catspaws of Germany and
France.
LONDON, 27th April. Germany, Russia, and France declare that their protest is a friendly one and maintain that the cession of the Liaotung peninsula to Japan would be a constant menace to Peking and to the autonomy of Korea.
Shanghai reports that the situation in Peking is critical and that same Generals are in favour The ratification of a continuation of the war. of the Treaty appears to be uncertain.
THE IMPERIAL JAPANESE PROCLAMATION.
Tokyo, 23rd April. An Imperial proclamation has been issued in which the Emperor declares that he is convinced that through peace the national prosperity will be prometed, and since his accession to the throne it has been His Majesty's desire to preserve peace that may be of lasting advantage to the country, His Majesty repeats his former regrets at the rupture of friendly relations with China, and says that his Ministers, acting in concert with the Army and Navy and both Houses of the Diet, have done all in their power to further im- home to elaborate plans of action, supply money, perial objects, and nothing was left undone at and perfect national defences; whilst abroad, unmindful of the bitter winter cold or blasing summer heat, the expeditionary forces, triumphing over every difficulty and enduring hardships, bore their standard everywhere victoriously, and earned a reputation for discipline and humanity. His Majesty praises their earnest loyalty and valour, and expresses his high pleasure that ne- tice has been prolonged to permanent cessation gotiations have terminated and that the armis- of hostilities. His Majesty is certain that China has shown sincerity in repenting of breach of faith, and while addition has already been made to the glory of the Empire, yet much remains to be done during the march odward to
His Majesty hopes. increased civilisation. that his loyal subjects will guard against a conceited spirit, but with modesty and humility ing to extremes, and promote education and strive to perfect military defences without go- refinement without er gendering effeminacy. His Majesty severely rebukes beforehand all at- temple, through conceit on account of recent victories, to injure relations with or insult friendly Powers, especially China. After the exchange of ratifications friendship should be restored and endeavours made for increased har mony. His Majesty requires his subjects to respect his wishes-N C. Daily News.
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