1928-05-03 — Page 8

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THE HONGKONG TELEGRAPH.

LAWN TENNIS.

INTERESTING SCHOOL MATCH.

THURSDAY, MAY 1928.

SIR PAUL CHATER'S

WILL DISPUTE.

(Continued from Page 7.)

TSINGTAO DEFECTION

FEARED.

NORTHERN FORCES IN

DIFFICULTIES.

Shanghai, May 2. Chiang Kai-shek yesterday after oon left Yenchow for Tainan to where he will remove his field head- quarters.

On the Diocesan Boys' School ground yesterday, St. Stephen's College, in a hard fought game, sult would be that if the testator were defeated by 55 games to 44.at the time of his death had stand- ing in his own name two parcels Scorca-in detail were:

Leo Hun Kia and Yau Slu Chiu, of shares jono being an investment (St. Stephen's) lost to Lee Inu Pit, of his own while the other was Wong Cheong Ker, 4-7; beat Ma only accurity for an advance of Chul Cheong and Pong Pon Fong, money, the trustees would be at 8-3; bent F. Shirazce and D. H.berty to retain the latter but

Fong Chen-wu, whose cavalry not the former. I think that such Anderson, 7-4.

course would be capricious" and corps is stated to have been large- without any intelligible niotive only responsible for the expture of the part of the testator, who, it is to be remembered, was a business Tsinan has been appointed garri-

son commander thereof.. man."

Lee Hua Ngah and Lo Kwang Sing (St. Stephen's) lost to Leo Tan Tit and Wong Cheong Kec, 4-7; beat Ma Chui Cheong and Pong Pon Fong, 8-3; beat F. Shirazec and D. J. N. Anderson '7-4.

Ko Peek Bu and Chan Som Mong (St. Stephen's) lost to Lec Iau Pit and Wong Cheong Kee 1-10; lost to Ma Chui Cheong and Pong Pon Fong 3-8; lost to F. Shirazee and D. T. N. Anderson 2-0.

VOLLEY BALL.

DIOCESAN BOYS BEAT YAUMATI.

The Yaumati Government School played the Diocesan Boys' School Fon the Government School ground

on Wednesday.

Diocesan Boys' School won by 21-18 and 21-13.

FOOTBALL FORECAST

COMPETITION.

"LAST OPPORTUNITY OF -WINNING $50.

Well Defined Meaning,

It is officially stated that the Nationalists have captured Chu- In the clause which we are being chencand Kaomi, the latter being the word fifteen miles northwest of Kiao- asked to construc,

three times chow. It is also announced that securities" appERTS in different collocations:-(1) Tool Peng-ting, commanding the "Public Stocks or Funds or Gov-Shantung troops at Taingino is go- ernment Securities of the Uniteding over to the Nationalists. The Kingdom" etc. (2) "Purchase or surrender is going on. Mortgage of any freehold, lease- The situation in Tainan fà quiet, [ hold or chattel real securities in All business houses and shops the United Kingdom" etc. (3) which hitherto have boun

closed Stocks or funds or securities of for fear of looting by the Shantun- any corporation municipal, local or gers are reopening and women and otherwise in the United Kingdom" children are appearing in the

streets as usual-Reuter, etc.

In the first two places above re- ferred to I think there can be no doubt that the word "securities" is used in what Mr. Justice Far- well in "In re Rayner" supra, calls its well defined primary meaning of "money secured on property." I see no reason for thinking that it is used in a different sense, in the third place in which it appears.

Special Provisions.

Ankuochun Defeat Reported.

Peking, May 2.

It is reported and generally be- lieved that the Ankuechun was defeated in north Shansi and forced to withdraw to Tatungfu. Three thousand five hundred wounded men from Tatungfu ar- rived to-day.-Reuter,

"

-Situation-at-Chefoo,-

“ROYAL OAK" PRINCIPALS,

The three British naval officers involved in the trouble aboard the battleship Royal Oak. Left to right they are Cap- tain K. G. B. Dewar, Comman der H. M. Daniel, and Rear. Ad- miral Bernard Collard.

"LYEEMUN” UNDER NEW OWNERS.

RECENT RECEPTIONS IN SAIGON.

ST. JOHN AMBULANCE

BRIGADE.

SOME RECENT DONATIONS.

The Hon. Treasurer begs to ac- The .8. Lyeemun (ex-Gorgon), knowledge the following donations now owned by the Wo Fat Sing to the funds of the St. John Am-

bulance Brigade: Company, entered this morning First List-Mr. Woo Hay Tong, with 2,700 tons of rice, completing $500; Mr. Fung Heung Chuen, her maiden trip under the new $500; Mr. Chan Yue Ting, $500; house flag between Hongkong and Mr. Wong Kam Fook, $200; Mr. Eu Saigon.

Tong Sen, $300; Mr. Kwok Slu Lau, Captain Holmes reports that the 3300; Sir Robert Ho Tung, $200; trip was in every way satisfactory. Mr. Ng Wah, $50; Mr. Lo Chung the ship behaving well and' with a Kue, $25; Mr. Lo Kai Hong, $10, good turn of speed, proving aDr. Jeu Hawk, $10. valuable acquisition to the Com- Second List-Mr. Fung Ping {"pany's service—~~~

Shan, 3100; Mr. Ghey-Tung-Sang, The "Hongkong

It has been argued that the words Iocal,

Chongteho Evacuated.

On arrival at Saigon on April $100; Mr. Yk Mui, $100; Mr. Fung offers a prize of $50 to the readers "corporation, municipal,

26th, a reception was held for Kong Yuen, $100; Mr. Anonymous, who send in twelve correct fore-or otherwise" includes incorpor

Shanghai, May 2 Chinese and the shilp being thrown $100; Mr. Chau Tsun Nin, $50; casts of the results of the English ated companies of all kinds; I can-

The Northerners have evacuated open to visitors, it is estimated Mr. Shum Pak Ming, $50; Mr. League matches (to be played on not agree with this argument, 1 Saturday next, May 6th) set out am of opinion that that expression. Changtelio and Hantan, and are that at least 3,000 residents look Lau Chu Tong, $60; Mr. Nan $50; Mr. Kwok brick on

Shing Kwan, the Peking-advantage of the Invitation.

Liu, $50; Mr. No goal is confined to corporations of a falling

Choy in the Coupah below.

Railway, probably to On April 28th, the European Stu acores are required; only forecasts municipal administration or semi- Hankow

public character, particularly in Paotingfu, preparing to take up community of the port were en-Hing, $50; Mr. Ma Choy Chiu, showing wing or draws,

In the event of no reader fore-view of the fact that special pro-positions on the Paoting fu-Tehchowtertained on board, over sixty at $50; Mr. Na Wah, $50; Mr. Mak casting all twelve matches, a prize vision is made in clause 20 for defence line-Reuter, of $25 will be given to the render investment in "debentures, deben- who sends it the greatest number ture stock, bonds, mortgages" of of correct forecasts; and in the railway or other companies In- event of two or more readers send-corporated and carrying on busi- ing in an equal high number, the ness in the United Kingdom and

ather places. prize of $25 will be divided,

Telegraph"

The competition is in accordance with the rules published in the Telegraph during the weeks August 29-September 24.

"HONGKONG TELEGRAPH” FORECAST COMPETITION.

Matches to be played on May 5th:

Wednesday Manch. U. Middlesbro. Bollon

DIVISION L

Aston Villa, Liverpool. Sunderland. Sheffield U.

Fulham. Wolves, Swansea. Leeds.

V

Y

V

DIVISION IL

Blackpool Clapton Rending Stoke

V

V

DIVISION HIL

Y

V

Durham

V

Wrexham 'y

Swinden. Plymouth. Crewe. Halifax.

Name

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SOLE AGENTS:

MITSUI BUSSAN KAISHA, LTD.

No, 36,

:

Date

Strike out the teams which you think will lose, but make no marks in respect of matches which you think will be drawn.

All claims must reach this office not later than Wednesday follow-

been made.

of

clauso which

ย

The Ministry of Health states that the terms of reference to the Tetra-Ethy! Cominittee, of which In the next place it was argued Sir Frederick Wallia is Chairman, "To inquire into the possible that a power to invest in shares are; should be inferred from the pre-dangers to health resulting from sence of the word "stock" in the the use of motor spirit containing cloaling

20. lead tetra-ethyl or similar lead- part In the clauac

we containing compounds, and to re- are considering the tentator port what precautions, if any, are has given his trustees power to desirable for the protection of the invest in "preference shares pre-public or of individuals in con- ference stock," but so far as the nexion with the use or handling of language of the clause goes he such motor spirit." limits their power of investment to ordinary stock and makes no reference to ordinary: shares.

Would Have Suld So.

It is difficult to understand why, If a testator desired to give his

circumstances to show that the term "ordinary stock" is employed

in other than its popular and common sense and, therefore, as a matter of law, the evidence taer meaning is not admissible.

New Aspect.

(tending, among whom were the Soy Cho, $50; Mr. Chan Yue Tin; port. officials and representativos $50; Mr. Wong Ping Soon, $50; Mr. Leung Buk Yue, $50; Mr. Choy of the leading business houses. Cheong, $50; Mr. Li Yau Chuen, On both occasions there was the $50; Mr. Chow Din Pong, $50; Mr. usual cracker-firing and displays Lau Sing Chong, $50; Mr. Li Hol of this Tung, $25; Mr. Ng Yiu Ting, $20; associated with events nature.

Mr. Fung Kan Yue, $20; Mr. Siu The "Lycemun returned

to Suk Lim, $20; Mr. Li Ches Choung, Hongkong with 30 first-class pas-$20, Mr. Li Yiu Cheung, $20; Mr. senger and 300 deck travellers, in Wong Chung To, $20; Mir) Lo Yiu addition to the cargo mentioned. Nin, 820; Mr. Tsang Hiu Man,

320; Mr. Ko Leong Hoe, $20, STOLE STUDEBAKER

5

CAR.

Evidence that a married couple (Continued from Page 7.)- had occupied a cottago on the Underley Estate of Lord Henry turn on Saturday. The syndicate Cavendish Bentinck at a ront of 18. had now repaid the $510 to the 2d. a week, the owner paying rates, last purchaser and they themselves was given at Kirkby Lonsdale were out of pocket to the extent of Police Court when the owner's $207, plus transport and stowage agent applied for an ejectment No action was taken against rent as nominal, the tenants, he order. The agent described "the" them for receiving a stolen car, said, being informed when going because the original owner of the into occupancy 18 years ago, that

charges.

trustees power to invest in ordin- derud to show that it has another car gave no written stipulation the cottage might be required at

of the price ho required: The re

ary shares he did not say so. He has expressly distinguished pre-

ceipt for the $230 to the employees any time for a gamekeeper. The shooting having now been "let, ference shares from preference

of the Stubbs Road Garage was accommodation had to be found stock, and in other cases he 'does

The second part of the motion made out by the defendant." not empower, in express terms, to asks that, the decision below, on

for the keeper. The agent added His Worship:Have you any that the tenant owed £4 10s. ar- take shares paid up or partly paid clause 6 in the summons, be re-thing to say, defendant?

work, rears of rent, and did no up (clause 17, C. and F. of the versed. This clause deals with

Defendant:--No, your worship. though his wife went out to work. will); and if he had wished to give the income to which certain

His Worship:-Is anything An ejectment order was them, under clause 20, a similar cestui que trustments under the

known against him? discretion, this could have beon will are entitled pending the ap- conferred on them in clear terms.propriations intended for them.

C. D. I. Murphy:--Not by finger-

and suspended for 28 days.

made

Was

In my opinion, therefore, both it was agreed in the court below prints your Worship. I might

Sir Walter Gilbey, at the annual on the authority of "In re Willis' that these persons were entitled point out to your Worship that the and on the language used by the to receive an income calculated defendant was living at the meeting of the National Horse testator, the trustees have no according to a conventional rate of Garage. He was there from April Association of Great Britain,, said

he thought the, totalisator power to invest the moneya of the interest under the rule in the case 5th to April 15th.

Sentence of three months' hard bound to be in general use in estate in ordinary shares.

of "Howe v Earl of Dartmouth,"

England by next year. Evdence was tendered to show 7. VES 150. The judgo in the labour was imposed, that on the Hongkong Stock Ex-court below applied that rule after change "stock" und "shares" are hearing argument directed to the aynonomous terms, that no public rate of interest only. Following company, registered in Hongkong, the decision in the ease of "Gubbay has in fact converted any part of Gubbay", (1923) 18. H.K. L.R. Its capital into ordinary stock and P 47, he directed that the rate of that the testator, who was the eight per cent. per annum should most prominent figure in the com- be applied to the calculation of the merein life of the Colony and in-maximum claim of the cestui que terested in most of the big local trust.

registered company, must be taken This matter has here assumed an to have used the expression "or-entirely new aspect. It has been dinary shares,"

Two Way Argument,

noticed for the first time an appeal that the testator himself has pro- vided in clause of his will expressly for the disposition of all the net rents, profits, and income sale calling in, and conversion arising from the estate until the

thereof.

ing the date on which the matches But that is an argument which are played. No prize will be cuts both ways, assuming that ex- awarded for which a claim has not trinsic evidence is admissible. In

case like the present, where the Before sending in your coupon, words actually used are not ami mark your forecasts on the dupli-biguous, and the context goes to Rule Does Not Arlse, cate list given below. Keep your show, as has been pointed out, dulpicate lists and compare them that the

The task therefore of applying expression "ordinary later with the published results of stock" in the will is used in ita or any rule of law does not arise

the matches and if you find that dinary and primary sense. The There is no necessity for us to

you have eight or more correct testator knew local commercial answer the question here ralsed in send in a claim for the priza.

LIST,

ENCE 30 THAT YOU MAY KEEP A

Mark your envelopes "Football" conditions and usages Intimate detail. It is enough to say that on the front and write your namely, and must have been ac- the matter is governed by clause (without address) on the back of quainted with the fact that the 7 of the will and if, after the in- the envelope.

ferm "stock" was locally used to dication, the parties are unable to MARK AND KEEP THIS DUPLICATE menn shares whether fully paid up agree, they may then, if so advised, DO NOT FORWARD IT TO US. or not, and it can be strongly apply to the court for directions. On this point the appeal must IT IS PRINTED FOR YOUR CONVENI argued that he used the expression

"ordinary stock" in its ordinary be allowed accordingly. The costs RECORD OF THE FORECASTS YOU HAVE sense deliberately; and that where of all parties here and below shall he intended that his, trustees be paid as between solicitor and should have the power to hold client, from the estate. shores, as distinguished from A note attached to the judgment stock, he gave them that power In by Sir Peter Grain etates:- express terms as under clause 17, entirely concur in the Judgment C. and F

delivered by the Jearned Chlot Justice,

BENT IN, Wednesday Manch. U. Middlesbro, Bolton Blackpool Clapton Beading Stoka. Brighton Palace Durham

Wrexham

v. Aston Villm

V. Liverpool

Sunderland. Sheffield U.

V. Fulham, V. Wolves. V. Swansea

v. Leeds,

Y. Swindon,

v. Plymouth,

T. Crews,

V. Halifax,

Words not Ambiguous.

Mr. Justice Wood étates:-I

In my opinion the words used concur in the judgment delivered

are not ambiguous and there is no by my brother, the learned Chief thing in the language of the In-Justice. strument or in the attendent

A Great Boxing Drama

Described by the Home papers as

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THE RING

DAILY NEWS:- "A devastating an swer to those who disbelieved in possibilities of the British film

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SUNDAY and MONDAY AT QUEEN'S