1919-04-18 — Page 5

BREACH OF COMPRADORE AGREEMENT.

APPLICATION. FOR STAY

EXECUTION REFUSED

OF

Court, yesterday,

AL Ele Sunumuy Ma Justice Melbourne read the judg ment of the Chief Justice (Sir William Davion, R.C.), in the application

MEX

I stay of execution of justament f

in which the the te this in

Gent uf the Germa Tractors of Samler Weiler * 10. unsuccessfully elaraned $65,000 und meta from the surety for the comprators of that he for Ameach of the compradore agtvenient

;

THE HONGKONG DAILY PRESS, FRIDAY, “APRÍL 18TH

HONGKONG GYMKHANA CLUB.

ENTRIES FOR NEXT MEETING.

The following are the entries for thei gud Gymkhana, to be held on Saturday, April with:

1ST RACE--Five FunianaK Wedding Bells, Jeyhoon, Heelor, Eaton Boy, Dales Dan, Morning Star.

2ND Ram Cymruakt StaKES: --Grey- mouse, Tytam Chief. Alexander, Malcolm, Rochester. Burning Daylight, Vivat. Pink Ex. Regularity Dahlin, Lovejoy. Saln- mander, and Paper Money

3RD AND 4TH RACES CLASH HANDICAP. | MILE Grevinouse, Meymoon. Bend Or. Victory Star, King John. Weihai Chief. The Hon Mr H E Pollock. K

Wedding Bells. Tytan Chief. Second Acting Attorney General (instructed by Fiddle. Malcolm. Rochester. Viola, M. Johnston, Stokes & Mustery sande Heetor Gentle Cat, Maybe, Dalesman, application while the Hon G Starlight. Alexander. Morning Star. Abbasher and Mr Eldon Potter (its Jeyhoon. Burning Daylight, Vivat, structed by Messrs, Wilkinson & Grist) | Dusky. Mountain Ford. Lovejoy. Ridge. æppented for the surety.

way. Flyford, Judex. Aidlog 7. Re. gdarity Dahlia, Smoketox. Swallow, and Paper Money,

Two questiony are now before nir: whether I should grant the application fo stay proceding, for costs pending an pal; (2) or, if not, in betler 1 shoutri

order the payment of costs upon the fering flat the respondent's solicitors shall gise an undertaking in repay, in the event of the appert being successful the costs paid to hint by the appellant

6TH HACE LADIES' NOMINATION,

Grusse.

81 RACE HANDICAP: Morning Star, King John, Viola. Judes. Starlight. Fly ford, Smokebox. Enton Boy, and Swallow.

7TH RACE HANDICAP, 1 MILE FOR CHINA Paris Areymouse, Smokebox, Roches- LCE, Pink Eye. Malcolm, Meymoon, Gentle Cat. Bend Or. Vivat, Tytam Chief. Dusky. Maybe, Wribai Chief, Salaman thder Ordinance 58 r. 16 (sec. 120 €,CP der. Alexander. Mountain Ford, Re

Nu! the authorities establish that

The Court has a discretion in each caer: and that there is no practice binding tdar Court to the effect that the Court willy refuse a stay of proceedings ar the mists at the terms of the solicitor's undertaking. (Attorney General's. Emer sam 24 Q R.D, 50.1

It is also Inid down thay the Court will anot, except in special circumstances, al the instance of an unencroful litigant; deprive a successful one of the fruity of his litigation outil & further appeal is determined.

gularity Dahlia. Burning Daylight, and Paper Money.

CARELESS BLASTING OPERA- TIONS,

A MAN INJURED.

At the Magistracy, yesterday, before Mr. R. R. Lindsell, two Chinese contrac- - Lors were charged with neglecting to take proper precautions in conducting blasting operations at Tsat Taze Mai Government qunery on March 6th.

A workman, it appeared, was return-

Now the only affidavit before the Court is that of the plaintiff's solicitor, which urges as a ground for a stay that Consel opinion may be taken in Eng land as to whether the judgment shoulding how at 5 p.m. when he was knocked be appealed from or not. There is no down by a piece of stone and sustained other affidavit alleging special circum

a compound fracture of the leg. The stances, and if they are relied on they must be deposed le by affidavit. u the complainant refused to have his leg am- Antoi Lyle 11 P.D, 118, Lord Esher, M.R..putated, and had left for the country We are asked to depart from after veeiving compensation from defon- said that rule, although it is admitted that

danis for the injury. there are no special circumstances in this case which afford a ground for 80 duing

Inspector Angus said there were two I in any particular case there European houses situated in the imme is a danger of the appellant not being repaid if their appeal is successful diate virinity of the quarry, and these either bedanse the respondente are were in constant danger of being dam foreigners, or for other good reason, this aged.

nug be shown by affidavit, and may

form

round for ordering a stay. To grant

One defendant said that i accidents

the present application would, in the occurred it was the fault of passers by, absence of special circumstances, clearly

be to act contrary to the provisions and who took no notice when a gong was intention of the Rules of Court. Bowen sounded.

L.J said: No affidavit has been Mr. Lindwell replied that they should nude on behalf of the applicants, and consider themselves lucky that complain- we must therefore assume that if the money is paid over to the reapondents. | ani had left for the country, because if ho and the appeal is successful, the appli cants will be able to get it back,”

The learned counsel for the plaintiff urged as a special circumstance that the one is one of singular complexity that in accordance with the dictum of une of my predecessors a Chinaman cannot be regarded as having a fixed domicile, in the Colony, and that if the appeal is successful there may be, to quote Counsel's words, no hold un the defendant

Juoney.

SANCIe

the return of the

had died in the hospital as the result of not undergoing an operation defendants might have been charged with manslaugh.

14

He fined each defendant $150.

ARMED ROBBERIES.

to TWO ON ONE NIGHT IN THE SAME Now

DISTRICT

in Attorney-General e Emerson (ante) the Court in the exercise of its discretion

Case of

SPORT.

CRICKET.

MANCHESTERS DEFEAT THE NAVY.

Following on their recent victories over Kowloon, the Civil Servicn, and the R.U.A., it was not surprising that the Manchesters should have defeated a weak Navy team in the League, yesterday, at Happy Valley. The Navy played only

The soldiers won by 32 runa.

8 men. Scores:

NAVY.

Pay. Lt. Holborn, i Bundle Pay. Lt. Robinson, Alian

E. R. A. Llewellyn, b Cavanaugh.

Sub Lt. Bathurst, b Allan

A.

Woodline, b Alian

PO. Clayton, e---, b Allan... Mr. Coonies. not cut

S. B. S. Crocker, b Allan

Extras

Total

30

0

76

ASSOCIATION FOOTBALL

With the championship of the three leagues and the destination of the Shield settled for twelve months the football Besson may be considered closed. There are a good many games in the first divi sion which ought to be played to "com. plete the programme, but as they do not affect the lending position they are, pre.. tumably, to be cancelled.

It is worthy of note that the Navy. inen have created a local record by win ning both the Hongkong League and the United Services League. This has never been done before by the same team, and the sailors are to be congratulated on their performance. They went very near to winning the Hongkong Shield also, but got beaten on the post by the; Club.

With so many young, fit men away on Mr. Black, Lee. Corpl. Cotton, and Plo. active service it was only to be expected Lawson, absent.

that the standard of football would mut

1919.

LANE, CRAWFORD & CO.

CANN & TAYLOR'S

CLUBS

ROBERT FORGAN S

CLUBS

SOLE AGENTS FOR SPALDING'S ATHLETIC GOODS. SPALDING'S 'GOLD MEDAL”.

GOLF CLUBS.

LADIES' MODELS, AND GENT.'S MODELS. INCLUDING

DRIVERS.

MASHIES.

BAFFIES.

MID IRONS.

Bowling Analysis.

0.

M.

R.

Allau

6 1 30*

*

5

be so high in previous yeasons.

Al

Cavanaugh

#

0

25 J

Horrocks Bundle

1

Q

16

0

the teams suffered in this respect except the South China Athletic, who are now

BRASSIES.

DRIVING IRONS.

1 !

6

Q

JIGGERS.

PUTTERS.

LOFTERS..

NIBLICS.

OLEEKS.

MASHIE NIBLICS.

Bowled wide.

MANCHESTER REGIMENT.

Coryl. Horrocks, b Llewellyn... Pte. Deakin, & fobinson..... Lt. Cavanaugh, © Robinson, b

Coomer

*7

10

34

R.Q.M.B. Keenan, e Bathurst, b

Commen

16-Col, Harvey, b Llewellyn

ว

Capt. Bundle, not out

Pte. Pilmau, b Llewellyn

Capt. Goode, 1.b.w., b Robinson., R.Q.M.S. Allun, o and b Robinson. Sergt. Smith, b'Robinson 0.9.M. Smith, c and b Robinson.....

Extras

12

Total

Bowling Analysis.

0. M. It.

ዝ.

Robinson

10.3 0

5

B 0

20

**

0

$5

7

D 23

3

Bathurst

0

10

悲

Holborn

1

0

0

Bowled a wide

Clayton Coomes

Llewellyn

B

MR PONSONBY FANKS XI

The R.G.A. cricket team

R. λ

館

.111

B. R.G.A.

regimental

comera to the first division, this season being their first in senior football. The R..A and R. E. were perhaps, the hardest hit of all, and it is a change to Boe these old formidable rivaly occupying such lowly positions in the league tables. With an early peace, however, conditions will soon be normal again, and the local game will again rise to its pre-war standard,

Most people will admit that St. Joseph's College deserved to win the junior league. After going nearly all the season without getting defeated they collapsed rather surprisingly in their) two last matches against the Staff and] Departments and Kowloon respectively,

but were far enough ahead to be able to

afford to lose the points.

CADDY

No. UWB. BURKE AND SPALDING BAGS HICKORY SHAFTS, BALLS

GOLF

ACCESSORIES OF EVERY DESCRIPTION.

They have LANE, CRAWFORD & CO.

played good, clean football throughout

the season, and deserve their success.

A

feature of the last match against Kow loon was the excellent display given by played the Kowloon goal-keeper, a youngster

a friendly match, yesterday, againe, a named Read from the Diocesan School. team from the University captained by He brought off some very fine saver, and,

Ponsonby Fane.

The deadly in a few years' time, if taken in hand. nature of the soldiers' attack was evidshould become a really first-class goal. ent from the fact that their opponente keeper. were dismissed for 34 runs. Baines was

The team styled Staff and Departments particularly effective.

is the only military team that has made The RG.A. men found that free any show this setzen ng all. Althougb batting paid best and therefore took being without the services of Lawrence, riska, with the result that they scored who has been playing for the Sappers, 101 rane. Both Baines and Talfourd the team has reached second position and played good cricket. The gunnere won

quite deserved it. It possesses several by 157 runs. Scores: --

men whom most of the 1st division teams would be glad to have. Brouler, for in- stance, would be worth his place in any of the senior teams; while Street, who actually belongs to the R.G.A., would have been a decided improvement on some of the forwards the Artillerymen have been obliged to put into the field, and there are at least three more men

MR. PONSONBY FANE'S XL. A. Rumjahn, e Mano, b Baines 12 Lim Keng Sim, Baines............

D. K. Samy, e Torr, b Athorne ...

2

2

J. D. Wright, c Turley, b Athorne 2 GE. Marley e Manu, b Baines R. A. Basto, c Gittens,

b Baines.... Maun,, С Sharp, b Baines

W.

C. Severa, b Athorne

R. A. Ponsonby Fane, rus out

C. Choa, b Athorne

H. Phipps, not out

0

3

31

Extrus

Total

Bowling Analysis,

0.

M.

1.

W

Two armed robberies occurred

vn

Baince Attorne

....... 10 3 11 23

9 3

1

R.G.A.

slayed proceedings as to coals except on Wednesday night in the Shamsuipo dis the solicitor's undertaking in the one defendant which the Court held it trict within an hour of each other, was established to their satisfaction that there was great dunker that the plain tis would not recover any costs from him."

In Barker . Lavery 14 Q.B.D. 769. it was held that execution for costs pend ing an appool will not be stayed unless evidence by adduced to show that the

of

The first robbery took place at 0 p.m., when two Chinese one armed with a revolver and the other a dagger-catered a grocery store, and, after threatening the inunates. stole $17 and some cigarettes, The Police were informed and scoured

Corp. Mann, e Wright, b Severn 19 Gar. Middleton, e Rasto, b Wright 4 Lieut. Torr, b Severn Sergt. Athorne, b Marley Lieut. Butherland, e Gittens, b

Marley

0

T 10

31

C.Q.M.S. Talfourd, not out

41

Gar. Sharp, b Runjabn

0

Bdr. Green, e Wright, b Ponsonby

Fane

8

Sergt. Lavey,

b Lim

$5

C. M.B Turley, o Choa, b Gittens 9 Gdr. Baines, L Bamy

Extras

D3

2

.191

0. M. i. W

13 1 33

Total

Bowling Analysis

The Police are attempting to trace the two gangs.

Severn Wright Marley

11

D

us pro

Rumjahn Ponsonby Fane

Samny Lim

1

Gittens

2

33 }

21

ឌ

10

2

છે.

1

39

of the Staff and Departments team good

enough for the senior leaguex

A moeting of the Hongkong Football league was held on Monday evening in Victoria Barracks, Master Gr. G. T May presiding over a good attendance. After the resignation of the 83rd Co., had been accepted and the points for their remaining fixtures awarded to

respondent will be unable to repay the the district, but without success, amount levied by exccution if the

The second robbery took place in appellant be successful. Earl of Sel bourne,

said: "The defendant is Kremer Street, at 10 p.m. Six robbers not

to have the application granted ne a matter of course. Evidence entered a grocery store, two of them ex- ought so thave been adduced to show, bibiting revolvers and one a dagger. that the plaintiff would be unable to After terrifying the inmates by threaten- repay the costs if he should be successful before the House of Lords. As to the ing to shoot them, the robbers made oi request for time to make an affidavit with $130. about the plaintiff's means, we cannot neede it; those who apply for a stay

before execution must come pared with all

necessary materials. Now in the case before me the pre sumption of the solvency of the defendant is entirely in his favour. The action i brought against him as a surety to a compradore agreement, where large sums of money were at ntake, and I should

not to justified in the absence of noo by affidavit in entertaining any presumption adverts to golvency.

The

application Be to the payment commend the payment of a final dividend | Service ground, on Easter Monday, at being subject to the solicitor's under

of 890 and a bonne dividend of $20 per 10 & 10. Team:- is strongly opposed by the defend. taking in

counsel on the ground that, in the share for account 1917, making #70 por event of suck an order the amount would share for the year, na interim dividend necessarily be retained by the solicitors

uf 830 por share for 1918, and a bonus of until the decision on the appeal is glyon, and the defendant would be de 20 per cent. on contributary promium. prived of his money for an indefinite period of time.

It's

COMPANY REPORT.

UNION INSURANCE SOCIETY OF CANTON, LTD.

We are informed that, subject to audit,

the Directors of this Company will re-

MR, R. PONSONBY FANE'S XI. r.

ÚNITED SERVICES.

This match will be played on the Civil

their opponente, a game was arranged; Joseph's

for Saturday next between St. College and the Staff and Departmenta (winners and runners in respectively of the 2nd division). The match take place on the Club ground com mencing at 4.30 p.m. At the conclusion of the game the cups and medals will be presented.

Another game was arranged for the following Saturday to be played between the South China Athletic and "The Rest." Provided the weather is not too hot, this should prove a fine encounter. A will be made for seats in the

charga stand for each match, the propceds to go to football funds for purchasing medals, etc. Both matches should be well worth sooing. The Chinese have not had the nest of luck this year, but they drew on one occasion with the Navy when the Fatter was at full strength, and they can be depended upon to make a good show, however strong the combination

them. that opposes

team proceeds

to Manila early next month where their fortunion will be followed with consider ablo interest by a large number of admirors in Hongkong.

LAWN TENNIS.

HONGKONG CC. TOURNAMENT.

31.44.

The match in the Club Mixed Handi- cap Deubles, yesterday, was watched by Mr. Fare'a XI.-A. E. Wood, R. E. O. Din interentol crowd. The play Bird, J. D. Wright, A. H. Rumjahn, A. A. almost as good as any soun in the com Dunjahn, G. E. Marley, U. Omar, n. W petition, though. Mra. Maitland and F. A. Redmond went down rather more Bradbury, C. J. Stapleton, F. J. Ling, easily than was expreted. Mrs. Dreaper Thorne looked like the winners and They will further recommend that | and R. Ponsonby Fane.

all In other words, be £180,000 be passed to reinsurance fund,

through and were greeted with ap United Bervicos. Liout-Col. would

Coles plause when they carried off the honoure no a successful litigant be doprived of the fruits of his success until the 30,000 to building remorvo fund, and (captain), Capt. Murray, Capt. Wahl, by 63, 64, appeal in determiner. In my opinion 50,000 to equalisation of dividend fund, Capt. Raworth, Lieut. Cavanaugh, Payin the Gaal. They will most the winner Mrs, Dreaper and C. Thorns are now this objection is well found. No euf leaving $1,310,000 to be carried forward Lieut. Holborn, Pay-Lieut. Robinson, of the match between Mrs Armstrong ficient ground line been shown to justify to underwriting sepense account, thus E. G. Kennett, Sorgt. Athorne, Gr. and A. D. Humphreys and Mrs. Black ma in inking the order naked for, and I must refuse it with costs,

Baines, and P't. Connor.

and A. Moreo

closing the account fur 1017.

VICTORIA THEATRE.

TO-NIGHT!

9.15 p.m.

TO-NIGHT!

THE HOUSE OF HATE

Episode 16

"THE VIAL OF DEATH."

Episode 17

"THE DEATH SKETCH.” After a long absence Pear! White again reappears with us. Come and renew acquaintance with the story.

MATINEE

Sunday, April 20th, at 6 p.m. BOOKING AT ANDERSON'S.

[141

MACARONI, VERMICELLI, NOODLES.

AND ALL KINDS OF PASTE. AGENTS WANTED!! Special price for wholesellers and retailers. Please apply:-

CANTON NOODLE AND MACARONI FACTORY, Manufacturers of the well known "Poppy Brand,”

Office:--31, OLD GILMAN STREET, Tel. No. 1899. Manufactory:-19/23, ARGYLE STREET, Mongkok, Tel. No. 255.

Hongkong, March 3rd, 1919,

~Powell

TELEPHONE 346

Lrd.

GENTLEMEN'S 'HIGH-CLASS OUTFITTERS.

Just arrived

LIGHT-WEIGHT WORSTED & CASHMERE

GOLF HOSE

IN MANY SMART COLOURINGS INCLUDING KHAKI.

SUMMER

:-

COOL

UNDERWEAR

planed our

ZOY!

Having

onders Carly zwe are able to offer our "underwear

at much lower prices than prevailing, to«llay;

INSPECTION INVITED.