October 16, 1905.]
Mr. Calthorp-Who received the interest? Witness-I received the interest and sent it to the country.
Other evidence was called and the case was again adjourned.
Wednesday, 11th October.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (PUISNE JUDGE),
HOTEL METROPOLE LTD. 8. NEWMAN. This action was brought by the Hotel Metro- pole, Limited, Shanghai, against S. Newman, of the Silver Grill, Des Voeux Road, Hongkong, to recover $217,55 for board and lodging obtained by defendant. Mr. Hays appeared for plaintiffs and Mr. Hett for defendant.
Mr. R. F. Chester Master, solicitor, stated that the firm of Messrs. Johnston, Stokes and Master received instructions from the Hotel Metropole, Limited, Shanghai, to commence proceedings against defendant for the recovery of the amount claimed. Witness saw Mr. Newman some months ago, who said he was unable to pay then, but would do so as soon as he could. The money had not been paid.
Cross-examined-He had seen the I. O. U. preduced. The money was due for board, lodg- ing and refreshment. He could not say how much was due for board and lodging and how much for refreshment.
You don't known whether or not defendant did have board or lodgings at the Metropole Hotel or even whether that is his signature?- He admitted to me he had signed an I. O. U for lodging.
You could not swear that he had board and lodging ?- No.
His Lordship (to Mr. Hett)-They can't differentiate between board and lodging and refreshment any more than you. There is the statement by the witness that he admitted it. It won't do any harm to have judgment against you.
Mr. Hett-I think it will, and for that reason I appear here to-day. I saw his wife who tells me he is coming back shortly.
His Lordship-I can't take an I. O. U. as. evidence.
Mr. Hays-If that can't be proved to be hic signature the document is absolutely worthless. His Lordship-I don't suppose can go int the box (laughter). I happen to know his signature.
|
|
Mr. Hett-The business is still being carried on in his name. If they get judgment they would execute at once. I should like to avoid that. The man is coming back. If your Lordship would give judgment and, say, give us a fortnight.
Mr. Hays objected. His Lordship-Judgtmen with costs.
Thursday, 12th October,
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (PUISNE JUDGE).
CLAIM FOR RENT.
Choy Yee sued the Wai Kat Bank for $470 for rent of the premises formerly occupied by defendants. Mr. Bearis appeared for plaintiff and Mr. O. D. Thompson for defendants.
Mr. Beavis stated that plaintiff was the owner of the premises, 101 Queen's Road, which bad been let to defendants at $235 a month. The latter had given notice to quit at the end of July but rem ined eight days over that time and plaintiff now saed under an act of George II. for double the rent.
His Lordship.-This is the first case in the colony under that section.
Mr. Thompson-I had one about six months
ago.
His Lordship-I was away then.
Mr. Beavis said he understood the defence was that they had been allowed to remain.
His Lordship-Are you going to call any evidence ?
Mr. Beavis-No, my lord.
CHINA OVERLAND TRADE REPORT.
your Lordship to nonsuit plaintiff who is out of the colony.
His Lordship-What is your case? Mr. Beavis My case is that defendants have remained over the time when they had given notice to quit. If they are prepared to deny that, my case falls to the ground." I would ask
His Lordship- No, you have chosen your time ani ought to have brought your client.
Mr. Beavis I think it would have been fair- His Lordship (to Mr. Thompson)-Is your client prepared to say there was an agreement?
Mr. Thompson-Yes.
Won Pik Woon, managing partner of the Wai Kat Bank, said he made an agreement with plaintiff for remaining a few days over the period of his notice to quit. Plaintiff allowed him to remain on the premises until he got another tenant. He reo-ived notice and removed at once.
His Lordship-Did you pay rent for these seven days?
Witness-I gave him no rent. He waived the rent in consideration of the fixtures which
left.
I
Mr. Beavis said he was quite prepared to argue on that man's evidence.
His Lordship-Well argue away then. I don't know where you are going to begin.
Mr. Beavis addressed bis Lordship and askel him to give a judgment of nonsuit in that case. Defendant was not prejudiced by plaintiff's absence from the colony. Plaintiff was remaining out of the colony because there were many judgments against him, but that should not prejudice bis case, He had failed for want of evidence.
His Lordship-There is no evidence whatever. Mr. Beavis I ask leave to bring another action.
His Lordship-No, it cannot be done. Judg. ment for defendant with costs.
INTERPORT SHOOTING MATCH.
Bullock Andrews
Parkes... Spooner
263
29
4544534 29
28
24
Total 300
AGGREGATE,
200 500
Welsh Gow Lapsley Simone Parkes Bullock Lammert
32 33
600 34
Total.
32
31 32
30 32 32
33 33
33 31 -29
28 32 32
30 31 29
Manning Spooner Andrews...
33 32 31
29 32 24 24 32
32
29
XXXII¤¤838 | §
304 319 300 923
The record of the Iuterport Rifle matches is as follows:-
1889: Shanghai, 819; Singapore, 777; Hong- kong, 774.
1890: No match.
1891 Hongkong, 867; Singapore, 741.
1892 Hongkong, 835; Singapore, 752.
1893 Hongkong, 822; Singapore, 768.
184: Hongkong, 828; Shangbai, 760.”
Shanghai, 830;
Shanghai, 810;
Shanghai, 802;
Singapore, 817;
1895: Singapore, 934; Shanghai, 903; Hong- kong, 879.
1896: Hongkong, 916; Shanghai, 900; Singapore, 870.
Shanghai, 860.
1897 Singapore, 934;
Hongkong, 916;
1898 Hongkong, 984; Shanghai, 893.
Singapore, 923;
1899 Hongkong, 952; Al-Shanghai, 887.
Singapore, 926;
Singapore, 99;
The Hongkong team, in the annual interport shooting match, fred off at the King's Park Range, Kowloon, on the 13th inst. though a moderate wind prevailed, the light was good, and the day all that could be desired. The shooting also was of a high order and eclipsed last year's total by four points. Firing took place at the 20", 5^0 and 600 yard ranges, Mr. M. S. Northcote, as usual, arranged the details, and, with his usual indefatigable energy. had everything in readiness at the appointed hour for starting.
The umpires were:-Hon. L. A. M. Johnston for Siugapore; Captain D. Macdonald (Messrs; Butterfield & Swire) H.K.V.C., for Hongkong, as well as for Shanghai.
The team representing Hongkong was cɔm- posed of Captain. P. Lammert, H.K.V.C., Ar. Sergt. Simons, R. W. K., Col. Sergt. Spooner, R. W. K., Col. Sergt. Bullock. R. W. K., C.-P.-O. W. Manning, R.N., Mr. J. Welsh, R.N., Mr. J. Parkes, Mr. J. C. Gow, Bergt. R. Lapsley, H.K.V.C. and Sergt. J. Andrews, H.K.V.C.
The scores were as follows:
Bullock Gow
:
28 24
1900: Hongkong, 930; Shanghai, 900,
Singapore, 824;
1951: Hongkong, 901; Shanghai. 841; Penang, 721.
1902: Shanghai, 926; Singapore, 893; Hong- kong, 871, Penang, 871.
1903: Singapore, 927; Shanghai, 915; Hong. kong, 891; Penang, 750.
1904: Singapore, 919; Hongkong, 919; Shanghai, 908; Penang did not finish on account of rain (The Singapore team having made one more point than the Hongkong team at 600 yards was declared the winner.
The result of the match is a win for Hong. kong. The scores are as follows:-
Hongkong 304 319 300 923 Shanghai ...300 302 287 889 Singapore
860
The undermentioned were selected to represent Singapore in the Interport Rifle match:-Messrs. C. M. Phillips, P. Fowlie, H. R. Baker, R. de Silva, V. A. Flower, A. E. T. Murray and C. H. Dumbell, Sergt. Turton, Hav. Ajairam and Jairam.
Reserves:-Messrs. A. Morrison and J.
Flanagan.
The Shanghai selected team consisted of Messrs. T. H. U. Aldridge, W. Brand, J, Christie, C. Dewing, J. Gibson, Chas. Hill. J. Johnson, Kawanami, W. O. Lancaster, E.H Lynch, J. McDowell, P. Mackintosh, H.. E. McCann, C. Moore, C. R'chards, J. E. Watson, Lieut. Col. Watson has consented to captain the team.
ROYAL HONGKONG GOLF CLUB.
200 YARDS.
55
£3
54
33
Parkes
45
33
Welsh
Lapsley Fimons
32
4 4 4 5 3 5 5
3)
Manning Spooner
3455
30
25
29
Lammert
54
4
Andrews
32
Total
304
500 YARDS.
Parkes Welsh
4 4 5 5 5 5 5
33
4 5 5 4 5 5 5
33
Simons.. Lammert
534 5 5 5
82
3 4 5 5 5 5 5
Andrews
5
5 5 5 5
32
Spooner
5 5
Gow
5 4 4 5 4 5 5
32
Bullock Lapsley Manning
355 545
31
5 5 5
31
CAPTAIN'S CUP.
4 5 4 4 5 45
-
31
+ Mr. E. V. D. Parr
89
10 == 79
Mr. C. E. H. Beavis
89
2
81
Total 319
Mr. T. C. Gray
90
9
81
600 YARDS.
90 8
82
5 5 4 5 5 5 5
34
-
100 15
85
4 5 5 5 5 5 3
32
5 5 5 4 4 4 5
32
44
55
32
3 554 554
31
Welsh Lammert Simons Lapsley Gow Manning
The monthly competition for Captain's Cap and Pool was hell on the 7th to 9th October, when the following were the best returns out of a large entry:-
Mr. W. D. Kraft Mr. C. H. Gale
POOL.
• Mr. A. B. Rouse Mr. C. M. G. Buroie Mr. E. V. D. Parr
+Winner of Cup.
95 18 77
77 + 1 = 78 89 10: 79 *Winner of Pool.