A CHALLENGE SHIELD.

Gisborne Times, Volume XLV, Issue 3977, 9 July 1915, Page 6

A CHALLENGE SHIELD.

J dis p u E IRS HIP,

DEFUNCT CLUB SUES FOR POSSESSION. / PLAINTIFF NON-SUITED. A case of no littlo interest to sports bodies was set down for decision before Mr W. A. Barton, S.M., at the Magistrate’s' Court yesterday morn- ! ing, when Joseph John Martin, president of the Britannia Cycling Club, on behalf of the Club, ''sought to recover from Frederick Mawhinnoy a challenge shield donated to the Club by the Licensed Victuallers’ Association. The shield was valued at £ls 15s, and the plaintiff sought to recover the shield or its valuo, together with £lO for its detention since 1911.

Mr Ji. E. Bright appeared for plaintiff, and Mr L. T. Burnard for defendant. Mr Bright, in opening, said the action was brought by. plaintiff as a representative of the Britannia Cycle Club. In May 1911. the L.V.A. presented to the club a valuable shield for competition. The then executive drew jup conditions and inaugurated eo, y> races to decide who was to liwtlie shield. The conditions were thpt no one could win the shield outJfflght, but could hold it for the year Jpli which it was won, and the winner jrwould get a medal and have his name inscribed on the shield. In 1911 defendant won the shield, but as the secretary of the club had since gone Homo it was not known whether defendant received his medal, but ho only had to apply for it. An effort to get another competition going in 1912 was unsuccessful, hut the dub

had not become defunct. One of the conditions was that the shield must on no account bo taken out of tlio district, but in 1912 defendant went away and took the. shield. He was written to on numerous occasions, but lie took no notice. He recently returned to Gisborne, and was spoken to on me matter, but the shield had not boon returned. Mr Bright said the shield would he produced for inspection by ins Worship. Joseph John Martin, President of tho Britannia Cycle Chib, said that the shield in dispute had been presented to the Club bv the Licensed Victuallers’ Association, of which witness was a member. Witness told the Association that tho cycling club wanted a shield to be competed for annually. • bey consented to donate a shield, and witness was deputed to order it. Tins he did. The executive of the cycling club considered the terms winch should govern competition for the shield, and decided that the ■winner -should hold it for one year. The Licensed Victuallers’ Association also mado it a stipulation that the shield could not be won outright. Defendant won the shield in 1911, and left the district shortly afterwards, takiiw tho shield with' him. By Mr Barnard : Witness could not say whether the Britannia Club was still in existence or not. ,1 Mr Barnard : Do you know whether the club is in existence or not? Witness; I am really only a fio-uro head in the club. .Continuing, witness said that a meeting of the club had been held at which it was decided to take proceedings to recover the shield. There were about six at the meeting, which bad been called by word of mouth.

Mv liurnard: Tfow many beside yourself -wanted the shield. Witness : The members of the club. Proceeding under cross-examination witness said that defendant should ha-#received a medal with the sliield. #Tr Burnard: Are you aware that dplendant should have received a Jiedal, cup, and bicycle on the dav on 'which he won the shield ? Witness: Ido not know that. Alfred William Elliott, secretary pro tern of the Britannia Cycling Club, i?aid that in 1911 he was a member of the executive of the club. He remembered the shield being donated to the dub by the Licensed Victuallers' Association. The conditions were that thei e should bo three races-for the shield, the competitor scoring ci*; largest number of points to hold the shield for twelve months. It was also decided that if the club became dofunct the sliield should be returned to the Licensed Victuallers 7 Association. In 1911 the defendant won the shield on Boxing Day, and left the district shortly afterwards. Witness called a meeting of members of the club for September 5, 1913, by advertisement, but a quorum did not attend, and the meetin" was not held. Witness ended a meeting the following week tv advertisement, and this was attended

I>.V abtfUt half a dozen of the Britannia ub members. The shield was riot/Biscnssed at this meeting. Wit- »<-# later brought the matter of the shield up before the local centre of , je le t . New _ Zealand Atheletic and

XJychng Union, of which the Britannia ’Cycling Club was a member. This was done at the request of Mr Martin. Witness wrote to defendant at Wanganui concerning the shield in August, 1914, informing him that proccding.v tvdUld bo taken unless the shield was returned forthwith in good order. Witness did not receive any replv. and the shield was not returned. Several other letters were written to defendant. The shield was valued at 15 guineas. 13,y Mr Barnard: The Britannia Cycling Club was still in existence, but no subscriptions had been collected this vear. Nearlv all the

werop unfinancial. Witness bad not soiyr out any demands for subscripticyis, and had not asked any movables for their subscriptions. Witness dfd not pay any subscription in 1914, /either did Mr Martin. The Britannia Club was still in exstencc, as ft was still registered, and the members "’ere liable for their subscriptions . Mr Barnard: Who are they liable to —themselves? " j

Mr Burnard : Has there ever been a meeting of the members of the Britannia Club within the past 12 months at which the members expressed a desire as to what should be done with tho shield ? Witness: YesHis Worship asked witness if lie could produces any minute to this effect, hut the witness was unable to do soHis Worship: I wanfsomething to show met what the members of the club had decided regarding the shield. Wo are quite in the dark up to tho present. / His Worship asked if the club had any rules, but witness could only produce the rules of the N.Z. Athletic and Cycling Union. Mr Bright: I don’t think the Britannia Cycling Club have any rules; Mr Burnard said they wanted some proof that the members of the Britannia Claih wanted tho shield back. His Worship: Are unfinancial menu hers entitled to vote? , Witnoss: Oh, no. His Worship (smilingly): Then, "it is hard to say whether thero is such a thing as the Britannia Cycling Club. Mr Burnard: Has there boon any meeting of members called this year ? Mr Elliott: No. His Worship: Do members cease to become members if they do not pay their subscript]orisP

' Witness: Yes. His Worship: Then there is no Britannia Cycling Club. , Mr Barnard: And ribbone with the right to' sue. Proceeding, Mr Elliott said that ho could not say whether defendant had won the cup and medal at the same meeting as he won the shield. To Mr Bright: Witness’ object in suing for the shield was to secure in so that it might ho put up for competition again. A -meeting- <sf the club .was held on May>'2o,l 1915, atwhich it was decided " to take legal steps to recover the shield. Mr Barnard, f<>r the defence, submitted that plaintiff must be non suited. ~l.t yas„ recognised and com mon law that a club whoso'members ceased to pay subscriptions for 12

months becomes defunct. The shieid had boon presented to tlic club, and alt the members had an equal share in it. If the shield wore handed oved vo Mr Martin ho and bis small clique would hold possession 'of it, whereas tho other 30 or so members had an equal right to it. Mr Mawhinney had won a gold medall and a gold, cup on the same day as be won tho smcKl, and had. received neither. Ho, therefore, did not recognise Mr Martin’s right to deprive him of what he did possess. His Worship said no was of opinion that the plaintiff must bo non-suited. It seemed to him that the Britannia Cycling Club bad become defunct, and the shield, therefore, reverted to the Licensed Victualelrs’ Association, who had' tho right to sue for its recovery if they so wished. Tho secretary (Mr Elliott) had been unable to produce any evidence that the club had decided to demand back the shield. Plaintiff would bo non-suited, with £2 2s costs.

His Worship recommended a conference between the parties to see if the matter could not be amicably arranged. Mr Bright said, seeing defendantnad vindicated his position, be might return the shield if lie got his medal, Mr Burnard said if defendant received all the prizes he won he would give too shield back. Mr Bright remarked that plaintiff and the others were not wanting the shield for Themselves.

His Worship said ho was'quite sure of that, and remarked that the whole position was very much in the dark; lie did not understand it at all.