April 2, 1906.3
legislature has thought it to introducs in section 201 for the protection of those who do not agree with the policy of reconstruction or amalgamation. For all these reasons I am of opinion that the plaintiff is entitled to judgment on his alternative claim : but the question what form it should take is not free from difficulty. I have found the 4th resolution | invalid because it ignores the ri:hts of the dirsentient members, though I do not think it is ultra vires on that account. The form of the order must therefore restors to the plaintiff and the others for whom he is suing the rights of which they have been deprived. But here this difficulty arises. He is entitled to a declaration in the terms prayed down to the words “either to abstain from carrying the said resolution into effect: but if the remainder of the relief were given as it is prayed. I should be fitting this agreement which is based on the 4th resolution | on to section 201. But, as we have seen, it does not fit at all, because the liquidator has not been authorised to sell for shares in the new com. pany. An injunction therefore becomes in evitable: and it will be granted in terms preventing the liquidator from putting into effect the resolutions but to continue in force | only until and if the shareholders shall have had submitted to them a resolution in lien of the 4th resolution, which shall authorise a sale by the liquidators for shares in the new com- pany and which shall recognise the rights of the dissentient shareholders under sections 201 and 202, and such resolution shall have bean carried by the requisite majority.
Thursday, March 29th,
IN ORIGINAL JURISDICTION.
BEFORE SI Francia Piggott (Cuirf JUSTICE).
CHINA OVERLAND TRADE REPORT.
FRENCH AND JAPANESE NAVAL
VISITORS AT HONGKONG.
A meeting of some of the leading residents was convened on March 22nd by Sir Paul Chater, in his office, to decide" what the unofficial section of the community could and might do to make the visit of the Japanese and French fleets as pleasant as possible,
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The following Provisional Committee was formed: Hon. Sir Paul Chater, Hon. Mr. C. W. Dickson, Hon. Mr. R. Shewan, Hon. Mr. Gershom Stewart. Mr. J. R. M. Smith, Mr. D. R Law, Mr. A. Babington, Mr. A. G. Wood, Mr. A. H. Rennie, Mr T. P. Cochrane, Mr. D. Nissim, Mr. Levy, Mr. G. H. Medhurst, Mr. H. N. M dy, Mr. E. A. Hewett and Mr. T. F, Hough. Sir Paul Chater was elected Chairman, Mr. J. R. M. Smith, Hon. Treasurer, and Mr. Gershom Stewart, Hon. Secretary,
The landing of the Japanese Admiral and suite on March 23rd was attended with the usual ceremonial... A guard of honour supplied by the Royal West Kent Regiment held the approach to Blake Pier, while a large crowd assembled to watch the proceedings. Shortly after eleven o'clock the launch conveying the distinguished party reached the pier and Admiral Shimimura landed and walked to the end of the covered portion, where he and his suite stood at the salute as the band of the Royal West Kents played the Japanese national air. They then entered chairs, and accompanied by Mr. Noma, the Japanese Consul, proceeded to Government House and afterwards made other calls.
Official visits and other exchange of courtesies has been the order of the day with the officers and men of the French fleet, and one of the pleasantent aspects of the present visit was to and the "At Home" on board the Fuerst Bis marck on the 22nd March an international assembly. On the 28th March the Gover- nor gave a dinner party at Government House.
On Mar. 23 the British bluejackets entertained the mate lots of La Belle France to dinner in the City Hall. Some 400 men sat at the tables in St. Andrew's Hall and the music room, the complement including a number of French officers. The pillars at the entrance and the stairway were relie ed with flags, while on the wall of the first landing the words Five La France surmounted the word welcome, the English and French fags drooping on either. side where two armour-clad Orientals stood with
A JURHIYS' LIABILITY, Lam Bin Shang aned O Yik Tong for $3,150, the claim being under an indenture dated 2nd September, 1903, made between defendant on the spe part and the plaintiff on the other whereby the defendant covenanted and agreed to pay plaintiff a sum of $150 per month so long plaintif should remain one of the sareties of one Ho Les Cho, which suretyship existed from 26th March, 1903, to 12th Decom ber, 1904. Mr. M. W. Slade, instructed by Mr. C. F. H., Beavis (of Messrs Wilkinson and Grist), appeared for plaintiff and Mr. E. Sheep, C., instructed by Mr. C. Espear in hand. Vive l'entente cordiale, Une Dizon (from the office of Mr. John Hastings) appeared for defendant.
Kr. Slade, in opening, said that the eireum- stances under which the obligatious arose were
bien venue cordiale ' and 'A l'escadre Francaise were other sentences which stood out in bold letters on the staircase. The dining rooms also wore gay appearance, conspicuous
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countries, we here reafirm the sentimenta s London and in Paris'. As for me these sentiments will never cease, and to drink to the friendship, cordial and lasting of the two navies as of the two nations.
uch
The toast having been honoured, Officer on behalf of his countrymon their entertainers for the reception them and concluded by asking all pre rise and drink to the health of friends at home in England and France. Again hands were raised shoulder high, and the "cup o“ kindness quaffed to absent friends, the old song of They are jolly good fellows" being followed by cheer on cheer.
An adjournment was then made theatre, where an impromptn smoking concert was held. The items which made up the pro- gramme were given with that breeny” swing Which characterises 'sons of the sea, and a fitting termination to a most enjoyabl evening."
The committee, whose efforts made evening such a success ware Capt-in Muller, Commander Collin, Lieutenant Smith and Dr. Sawdy, and they are to be the more con- gratulated on the result considering that all arrangements in connection with the dinner had to be completed within twenty-four hours. The band of the Royal West Kents are also deserving of their meed of praise for the excel- lent programme of music rendered during the evening.
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Not the least interesting of the many func tions which have taken place at. Government House was the "At Home" on the 23rd March when His Excellency waS "at home" to the more distinguished of our naval visitors and the residents in the Colony. Although the weather lacked that brilliance which is so essential to the enjoyment of al fresco events, the conditions were by no means disagreeable, sud the many ladies and gentlemen who paid their respectä to the Governor found the time pass very pleasant- ly. The French and Japanese naval officers. attended in uniform, as did also a number of British naval and military officers; in fact, sil the services were represented, and as a resuit the scene in the grounds was one of great animation. His Excellency received his guests on the lawn, greeting each one with his characteristic cordiality. The General Offcer Commanding (Major Villiers Hatton), Vice- Admiral Moore, Rear Admiral Richard, and Rear Admiral Shimimurs were present, the leading citizens being introduced to the foreign officers. The band of the Royal West Kents discoursed a very enjoyable programme of music.
Another indication of the
that in March, 1903, ■ corporation called the among the figs being the names of the ing between Britain 1977 food fesling
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vessels in the French flotilla, while the Chinese American Commercial Company, a com- placards on which were printed Navarino 1827' pany registered under American laws commened and Inkermann 1854' must have been ploss. business in this Colony andengaged Ho Leeing to the French sailors, reminding them of Cho as compradore under a verbal agreement, time when their forbears were the comrades-in- He seemed to have approsohed the defendant arms of the English as they were now the to find security for him, and the defendant guests. andoubtedly approached plaintiff who had sonsiderable landed property here and asked him if he would mortgage part of his property as security for Ho Lee Cho. After a certain Amount of negotiation plaintiff agreed to do so and in July handed over the titles relating to this properly, and defendant, it was believed, handed them over to the corporation who held them by way of mortgage. Ultimately an agreement between Ho Les Cho and the corporation was made on August 31st, 1905. That agreement set forth that the compradore was to provide a security of $100,000 for the due performance of his duties. Proceeding he pointed out that the liability of the sureties commenced as from the March 26th, 1903. Defendant verbally agreed to indemnify the plaintiff $150 per month in return for pledging his property in this way. That was reduced into writing and exconted on September 2nd.
Evidenco was called at length.
Major Kelsall, secretary of the China United Bife Servios Association, has forwarded list of the succession of scores in the competition for the rife and carbine
pionships. In the former there were 102' on and in the latter 47, while out of 15 ries 14 men shot in the Nursery Competition.
The 'boys in blue' lined up on each side of the entrance as their guests arrived, and as they entered the hall the band of the Royal West Kents struck up the Marseillaise. Then the work of seating began, a British bluejacket being seated between two French sailors, and in this position the handy man, although perhaps he could not speak French, was able to see that his guests wanted for nothing. Com- mander Collin presided at the table at the head of St. Andrew's Hall, the French omoers present being seated with him. After dinner he proposed the health of the King. which being duly honoured was followed by three ringing cheers. Again glasses were charged, the next toast being 'The President of the French Republic. This also was well received, pro- longed cheering following. Commander Collin then mounted a chair and delivered the following address (in French) :
Japan was ception accorded a number of Japanese sailors by their confrères of the British Nary in St. Andrew's Hali, City Hall, on March 24th. The decorations were the mme" as previous sysning, the only alteration being in the placards, a number of which bore oharacters, while of those printed in English the one facing the stairosas contained words,' Banssi Nippop, and two at of the dining room bore tue pames of Togo Shimamura.
The Japanese, on arrival at the hall, wors welcomed with that warmth of feeling which it is customary for Jack Tax to extend to his friends and the hosts left nothing undone that could have been done to enhance the pleasure of their guests. As before, à British sellor wa between two Japanese, and attended to wants. Captan Muller, R.M.L.I., presided ov the gathering, and had seated with him table at the head of the hall » Japanese ant and Naval Instructor Tuok.
After dinner the health of the King drunk, the Japanese, amisted by the sailors, singing the first verse of the Anthem, which was followed by cheering. Then the toast of the Japan was honoured, Anthem was sung, and When it forth afresh. mng in chorus one of their a soug which probably man was singing whẹn hò fell Naval
My boys,-It is my agreeable duty to say few words on the friendly reunion of this evening. It is a new manifestation, after many others, of this mutual good feeling so really felt by the two nations and so favourable to the maintenance of international peace. 1 think that each one of us should give an account of being the serions and durable charactar of that feeling. | addre Though we are so far from our native follow
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