296
THE HONGKONG WEEKLY PRESS AND
[October 7, 1901.
note, because, there was no consideration for! POINTS FOR THE JOCKEY CLUB. | SPORTING AND OTHER NOTES. the promise to deliver to the ho'der of it.
The plaintiffs parted with their bill of lading or document of title to goods in return for the short delivery note: that was a consideration, and if necessary, an implied promise to pay storage dues could be added as a consideration.
The defence of negligence also fails, for there was
no voluntary acquiescence of the plaintiffs in the infringement of their rights by the defendants: it was merely the loss of the short delivery note which delayed action being
taken.
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Then it was said that plaintiffs were out of time and could not bring an action on the con- tract. This was said in reference to the phrase "dal up to 22nd September, 1899," which appears on the face of the short delivery note. Other short delivery notes put in show that this, in full, is deliver up to 22nd September, 1899," and not "delivery up to 22nd September, 1899." The former phrase is an order, the latter phrase is a promise. The construction which the Court places on "deliver up to 22nd September, 1899" is that it is a direction to servants of the Wharf and Godown Co. and is not an integral portion of the short delivery note. If that construction is wrong and the phrase is to be construed as equivalent to delivery will be given up to 22nd September, 1899. and is to be viewed, as contended, as a condition precedent, I observe that this is a condition which is to be fulfilled by the defen- dant Company and one which, if not enforced by the plaintiffs, becomes a mere warranty giving rise to an action for damages, but does not operate to discharge the plaintiffs. If the phrase means "delivery is to be taken by 22nd September, 1899," it is also clear that, if it was a condition precedent, the defendants have by their conduct allowed it to deteriorate into a mere warranty sounding in damages, and that this does not operate to discharge the defendants. Having regard to the practice of the Wharf and Godown Co. to keep goods four or five months, and to the words themselves, it seems to me to be impossible to make the words del. up to 22nd September, 1899," read as if they meant, We give you up to the 22nd September, 1899, as the limit of time for clearance; if you don't clear within that time, we shall dispose of the goods as we see fit." I feel almost sure that the defendants did not mean this, and I am sure that the plaintiffs would not
แ
have contracted on such terms.
As regards the point that delivery was to be taken within a reasonable time, I think not only that the demand of the 20th January, 1900, was made within reasonable time, but also that no idca that the goods had been kept for an unreasonable time had occurred to the defendants, otherwise due warning would in fair play have been given to the plantiffs.
If this action for damages for breach of con- tract to deliver had failed, it would be surpris- ing if the defendants were not liable in conver- sion as well as upon au implied contract created by the relation of the parties.
The plaintiffs are liable to the defendants for $6 storage, and this will be set off against the sum of $276 claimed.
The result is that judgement will be for plaintiffs for $270 and costs, which, I am sorry, cannot be as between solicitor and client, be- cause this is not matter of equitable jurisdiction. Mr. F. B. Deacon, solicitor (Messrs. Deacon and Hastings), appeared for the defendants; and Mr J. Hays, solicitor (Messrs. Johnson, Stokes and Master) for the plaintiffs.
(Daily Press, 4:1 October)
Far be it from me to do otherwise than to To-morrow there is the annual General Meet- urge the cricket material we have got to do ing of the Hongkong Jockey Club, Yesterday, their utmost to become efficient in all depart- two days before the meeting takes place, seventyments of the game, but isn't the enthusiastic two walers were landed in the Colony, and author of the article in your issue of the 25th I have no doubt that the meeting will discuss alt, a little severe when he says that it is matters affecting these ponies and their owners, hopeless to convince a man who has played. besides other matters connected with racing. cricket since he was ten years old that there Now how are these matters going to be dis- is any other game in the world and that other cussed? I venture to suggest that there are forms of outdoor recreation are aught but a large number of very important points which flippant pastimes? It may be so-but it's a ought to be dealt with in connection with pity to admit it, and the man who is incul- racing in this Colony, consequent to a large cated with such enthusiasm stands on dangerous extent upon the introduction of walers. Is ground. Are racing, football, steeple-chasing the old China hand going to have it all his to be included in the category of flippant own way, and are we going to muddle along pastimes? It seems to me that the most ander conditions which did very well when ardent lover of cricket need not be quite so there were nothing but China ponies, but wrapt up in the game as to argue thus. It's which will do very badly for walers? Is the old tale of the foxhunter and the shooter; there any one who is going to make a move it has been remarked by the latter that the and say what he thinks; and if he does, former as a class are the most inconsiderate will he be listened to I sincerely hope and selfish of mortals. Perhaps there is some- that there will be some one. I have, at thing in it, or at any rate some shooters think different times, drawn attention to various so, and some cricketers may go so far as to say points which I have considered important, and cricket is the only game worth playing. But, it is now my object to give a short résumé of whilst recommending all cricketers to follow those points in the hope that I may suggest the spirit of the advice of your correspondent, one or two that might not be anticipated at the let na live and let live." meeting. The Jockey Club has within the last day or two sent. round a report. On the debit side there is an item of $1,109 for tiffins, besides an item of $230 which the stewards 'blow" in one dinner. Now every one knows that you can't have race meetings without tiffin- ing; that would be like a dance without champagne-it won't go off, it would be flat (the dance, I mean). But even if a portion of these amounts were saved for a year or two it would soou pay for the suggested alteration of the
mile course; the present one is the worst mile course in the East. Must every good suggestion end in nothing but talk in Hong- kong? That is one point for the meeting to consider. Then there is the question of weight per inch. Why should we be different from every one else? It may be too much to ask the old China hand to adopt the Indian scale of 3 lbs. a quarter of an inch straight off, but at all events try and arrange a compromise and make it 2 lbs. per inch and thus teach beginners (2.6., by making it 2 lbs. per inch instead of, say. 4 lbs. per 4 inch or 8 lbs. per inch) the desirability of accurate measuring and the necessity for cleaning and preparing their ponies' hoofs and taking off their shoes before bringing them to be measured and also teach them the difference a pound or two in weight makes in racing anything but a China pony.
have
It is reported that the German authorities are making, preparations for the appointment of a consul or commercial agent at Moji or : Shimonoseki in the near future. In conse- quence of this, the people of Moji and Shi- monoseki are seeking to obtain the establish- ment of the Consulate at their respective port.
My next point is that it would be better to ve some rules-some proper rules incorporated in one book-the rules of racing, rules of con- sitation of the Club, and local rules and con- ditions all together. At present a man who wants to look up any particular points has to get the Club book of so-called rules. Ruff's Guide, and an old race-book for the conditious and bye-laws; and if he is lucky he may find what he is looking for. Then there is the ques- tion of what races are going to be set aside for last year's griffins. It isn't much encourage ment for a man to keep a pony for 12 months not knowing at the end of it if there will be a race he can run him in. That is one way to ensure the scarcity of ponies for gymkhanas in the summer complained of in the report just issued. This matter (the fixing of races for last year's griffins) should have been settled before the ponies were pat up to auction after last year's meeting and not left till now-if that had been done, a good many more members would probably have kept their ponies instead of letting them go at any prices for hacks. With so many new waler griffins in the Colony it will be impossible to distinguish them for some time unless they are marked or numbered in some way, and i would suggest A defect has lately been discovered in the bed that the Committee ask the owners to put on of the Russian naval dock at Vladivostock, and their animals a light white square numpah the dock is now being reconstructed with stone when they are at exercise, with their drawing procured from the quarries at Tokuyama. The number marked on each side of the cloth-the work is being carried on under the superintend-number to show below the cantle of the saddle. ence of Russian experts, but it is reported that owing to the large number of Japanese labourers employed in the work it looks more like a Japanese undertaking.
This is done at race meetings in America and elsewhere, and has been found the best dis- tinguishing mark.
VETERAN.
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The Gymkhana on the 28th ult. merited a bet- ter attendance, as it was quite a good one, and every praise is due to Mr. G. C. C. Master, the Secretary, for the way the arrangements were carried out. There is a good deal more trouble than most people think in getting up a Gymkhana. The mile handicap was won by Loyalist, and Mr. Cruickshank rode a well- ridden race and was able to make him try to beat Favourite Rose, who at the last Gymkhana beat him twice; but on Saturday last one must remember that, instead of Loyalist having to give Favourite Rose 3 lbs., he was receiving 7 lbs.-a difference of 10 lbs-moreover the latter got a very bad start on Saturday, so that it is really almost impossible to say which is the better pony of the two. Some of the other events were quite amusing, and the distance handicap was a credit t the handicappers, Messrs. White and Master, as they brought scratch and limit together very well indeed. Mrs. Hawkins won the Ladies' Nomination, and she threw the tennis ball to her nominee, as he galloped past, with great accuracy. Mr. Bishop showed decidedly the best form in tent-pegging and well deserved his win-he was the only competitor who took the peg near the ground, which is a great point, as if the spear pierces the peg near, or better still an inch or so under, the ground it is more easily lifted and there is no chance of its splitting—if taken high up it is, of course, harder to lift and even if it is taken out of the ground probably splits and comes off the spear.
The Commodore's "At Home," which, by the way, was a big success with croquet, tennis and a putting green (the latter great fun), not to forget the ices which were excellent, may have accounted for the poor attendance of the fair sex, as only two or three came on to the Gymkhana and we missed three or four pretty dresses in con- sequence. Mrs. Powell looked very nice in mauve muslin and mauve orchids in hat, and Miss Powell in pink muslin blouse with lace sailor cellar and pink silk baby hat. Mrs. Langlands in white embroidered muslin-trimmed insertion, big blue satin sash and white hat with blue satin bows and pink roses, looked very pretty. Mrs. Playfair was quite smart and white figured maslin, black lace and in black
insertions, white chiffon yoke and bell sleeves run with narrow black velvet, and large black and white toreador-shaped hat. Of those who came on to the Gymkhana, the Hon. Mrs. Bertie had on a white lawn dress, trimmed with torchon lace, and carnations in her hat. Mrs. Retallick looked very handsome in a white frieze coat and skirt, and black lace picture hat with pink roses. Miss Hutchings was perfectly charming in pink muslin and black hat, as also her sister in white silk with a blue sash and white hat. At the Gymkhana, Mrs Rubles bad the smartest and prettiest dress on the field and looked sweet in pink and white muslin trimmed with white lace, bolero with lace edge and elbow