April 8, 1899.]
·CHINA OVERLAND TRADE REPORT. be increased by the creation of 30,000 new Page, H. J. Limby, J. A. Stewart, and Capt. shares of $10 each. That the new shares be Parker. At the Extraordinary meeting, which called preference shares and that every holder followed, the subjoined resolutions were adopted thereof shall be entitled to be paid a cumula- on the motion of the Chairman, seconded by tive preferential dividend of a sum in dollars Mr. Limby, after some remarks by Mr. Evans:→ which at the rate of exchange at Singapore at 1. That the capital of the Company be re- the date of such payment is equal to one shil-duced from $200,000 (Mexican) divided into 200 ling and three pence sterling per annum, or Founders' Shares of $20 each and 9.800 Ordia such other amount as the Directors shall whenary Shares of $20 each to $91,845, divided into issuing such shares decide in respect of the pre- 123 Founders' Shares and 6,000 Ordinary ference shares held by such holders which Shares of $15 each, and that snch reduction shall have been fully paid up. That in the be effected by cancelling 77 Founders' Shares event of the Company being wound up, the and 3,800 Ordinary Shares unissued by holders of the said preference shares shall be the Company and by cancelling Capital entitled to have the surplus assets of the Com- which has been lost or pany applied and paid, firstly, in paying to by available assets to the extent of $5 per share is unrepresented every holder of preference shares a sum in upon each of the 123 Founders' shares and dollars which at the rate of exchange in Singa- | 6,000 Ordinary Shares which have been issued pore at the date of such payment is equal to and are now outstanding. one pound sterling in respect of every pre- ference share held by such holder which shall have been fully paid up, and secondly in paying off the arrears (if any) of the preferential dividend aforesaid to the commencement of the winding up."
Mr. Thomas Scott said that he wished to pro- pose an amendment. There was much room for criticism in the resolution just read, also in the remarks made by the Chairman. As he had many friends on the Board he did not wish to take up that attitude, but might say, however, that the closing remarks by the Chairman af. forded ground for what he was about to say. They all know that the position of the Company was extremely bad, and he therefore proposed that the Directors be instructed to wind up the Company in the most prompt and economical manner they could devise.
On being put to the meeting, the amendment was lost by 10 votes to 8.
Mr. Scott then requested that a poll might be taken.
The Secretary replied that it was necessary that three members should make a demand for a poll before it could be granted.
Mr. Scott's proposal on being put to the share. holders was not supported.
The Hon. G. S. Murray remarked that the directors would like to support Mr. Scott in derauding a vote.
Mr. Scott replied that he did not wish to put the proposal forward now, as he was of opinión it was too late.
The resolution proposed by the Chairman was passed by twelve votes to six.
The Chairman then proposed the following resolution:That the Article numbered 83 of the Articles of Association of the Company be altered by the addition thereto at the end there- of the following words:" The preceding words of this clause shall not be applicable to shares issued after the first day of March, 1898. Votes in respect of such last mentioned shares may be given either personally or by proxy without regard to the length of time that the holders thereof have been registered as proprietors thereof."
This was seconded by Mr. W. Naef and car. ried.
After a vote of thanks had been accorded to the Chairman, on the motion of Mr. T. Scott, the meeting terminated.-Straits Times.
THE CENTRAL STORES, Limited, SHANGHAI,
3
The fourth annual meeting of the shareholders in the Central Stores, Limited, was held on the 24th March, in the Central Hotel, Shanghai, Mr. Edney Page presiding. There was a large attendance but everything passed off smoothly enough. After a slight preliminary skirmish with Mr. A. M. A. Evans about the reading of the minutes and some remarks from that gentle- man about the Secretary relying on newspaper reports for his minutes of the list meeting, the Chairman moved the adoption of the report and accounts and reviewed the year's business and the changes introduced into the operations by the closing of the Stores, dwelling briefly on the improved outlook. Mr. W. W. Clifford seconded the adoption of the report and accounts, though he did not agree with everything the Chairman had said. The report and accounts were then adopted, and Capt. J. II. P. Parker was elected a director in place of Mr. W. W. Clifford retired, the board now consisting of Messrs. E.
|
2-That in respect of each of the Shares in the Capital of the Company upon all of which the sum of $15 (Mexicau) has been paid up, Capital be paid off to the extent to $3 upon the footing that the amount returned or any part thereof may be called Gazette.
up again.-China
CORRE-PONDENC..
[We do not hold ourselves responsible for the
opinions expressed by our correspondents.
THE ALLEGED SERVING OF A WRIT ON AN AMERICAN CITIZEN ON BOARD A FRENCH MAIL STEAMER IN HONGKONG HAR BOUR ON THE 25TH MARCH, 1892.
TO THE EDITOR OF THE
#1 DAILY PRESS. Sir.-I have to request that you promptly publish a very clear retraction of the absolutely false, grossly misleading, and exceedingly libel. lous allegations contained in the following paragraph as published in your journal on the 30th of March, 1899:-
On Saturday a writ was served on W. F. Sylvester, of the firm of Louis Spitzel & Co., of Tientsin, by an officer of the United States Con- sulate-General, on board the Messageries Mari- times steamer Caledonien. The writ was in a suit filed with the United States Consular Court at Canton on March 17th, 1899, E. B. Drew versus W. F. Sylvester. E. B. Drew seeks to recover the sum of 15,000 taels alleged to be due under a bond to the petitioner from the de- fendant, which provided that the American steamer Abbey should convey direct to the port of Singapore, and to no other place, 500 Man. ser rifles and 500,000 Manser cartridges. On the strength of this bond a Customs permit was granted. The shipment, however, was not landed as agreed in Singapore, but proceeded to the is land of Luzon. The steamer Abbey was seized on or about the 25th September last, and is at present in the bands of the United States Naval Authorities."
There is no truth in the statement that Mr. W. F. Sylvester, of the firm of Louis Spitzel & Co., was served with a writ on board the Messa- geries Maritimes steamer Caledonien either by an officer of the United States Consulate- General," as asserted, or, as would, if necessary and justifiable, by any officer, bailiff or detective, in the service of the Government of Hongkong. The petition of Mr. E. B. Drew, Commis- sioner of Chinese Customs referred to, was, as stated, filed in the United States Consular Court at Canton, to recover on behalf of the Chinese Government the sum of taels 15,000 on a bond signed by Mr. W. F. Sylvester. The whole matter was referred from Canton to Shanghai, where the United States Consul-General, in whose Court the suit will be heard, decided to postpone hearing sine die.
There has been no writ served at all in this matter. Mr. Drew filed a petition and it ap. pears that a copy of this petition and of the bond in question in some way reached the United States Consulate in this colony, and that Mr. A. O'D. Gourdin, who is entered in the Directory as Secretary of the United States Consulate, proceeded on board the Caledonien and handed to Mr. Sylvester a document par porting to be a certified copy of Mr. Drew's petition aforesaid. Mr. Sylvester informed Mr. Gourdin that the whole matter was now in the hands of the United States Consul-General'
201
Goodnow, at Shanghai. There was no reason why the United States Consul-General in th colony should have interfered in this
this having no jurisdiction in the premises, and no matter,
writ having been issued in the matter, either in where else, it may be taken for granted that no an American Consular Court in China or any. bailiff or any officer or employee of the United States Government served on Mr. Sylvester on board a French Mail Steamer in the waters of this British Colony a writ as set forth in the offensive paragraph in your journal.
not landed as agreed in Singapore, but pro- You state as a fact that "the shipment was
yet been no bearing in the matter referred to, ceeded to the Island of Luzon There has as and it is therefore clear that no evidence has been led which would justify such a positive
assertion.
that the arms in question were sold in the In justice to Mr. Sylvester, I have to state month of June last; that he (Mr. Sylvester) would have ignored any United States Consul-General in this Colony
" service
by the in connection with proceedings in a United States Consular Court in China, and in so doing would be justified, for it is well known that the Hongkong Government employs officers who alone are legally entitled to "serve writs" and perform other duties pertaining to the Courts of this British Colony.
I have yet to learn that an American Consul accredited to the British Government can fering with any American citizen, on British exercise jurisdiction in, or is justified in inter
of a writ would be done when necessary by territory. I should have thought the serving some officer of the Hongkong Government acting upon the definite instructions of the British authorities.
Therefore, being no truth in the assertion that a writ was served on Mr. Sylvester, and libellous nature, I request that you will publish your paragraph being of a most offensive and this contradiction in your next issue.—I remain, Sir, yours faithfully,
£
LEWIS L. ETZEL, Hongkong, 1st April, 1899.
"
TO THE EDITOR OF THE 66
DAILY PRESS." SIP, Referring to the letter in the Daily Press of 4th April signed by Lewis L. Etzel for Louis Spitzel & Co. wherein my name is mentioned as having served a certain paper on one W. F. Sylvester of the firm of Louis Spitzel & Co., a passenger on the M. M. steamer Caledonien on March 25th, the document served was a certified copy of a petition filed with the United States Consular Court at Canton on March 17th, 1899, in the case of E. B. Drew versus W. F. Sylvester. The petition after setting forth that the conditions of the said boud was declared to be "that if the defendant should by himself or his agent produce and deliver to the petitioner within the period of six weeks from the date of the now reciting bond a certificate signed and sealed by the Consul of the United States at the port of Sin- gapore to the effect that the 500) rifles and 500,000 cartridges aforesaid had duly arrived on board the steamer Abbey at the port of Singapore then the said bond should be void and otherwise should be and remain in force and virtue," stated that the said rifles and cartridges were shipped on board the steamer Abbey, but the defendant (either by himself or his agent) had never produced before or delivered to the petitioner any certificate signed or sealed by, or any proof whatever that the said rifles and cartridges had arrived at the port of Singapore, and, in fact, the said rifles and cartridges were never conveyed to Singapore, but were con- veyed to the island of Luzon, or to one of the Philippine Islands." The petition stated that payment of the sum of fifteen thousand taels had been demanded from the defendant, and was refused, and the petitioner in consequence prayed that judgment might be given against the defendant accordingly with interest and
costs.
46
Not finding the name of Mr. Sylvester among the published list of passengers I enquired of an officer of the Caledonien if he were a passenger. He replied “no.” Haying seen in a New York paper that W. F. Sylvester was known in Philadelphia as F.W. Sutterle,
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