APPENDIX TO REPORT FROM THE LAND COMMISSION OF 1886-87.
35
General, and from the sale plan of Aplichau it appears that 3 houses or huts were built upon Inland Lot 19. This lot is entered in red ink figures like some other lots and the $39 are so entered.
Against the signature and seal of purchasers on the list is written opposite Marine Lot No. 7 LEUNG QUONG CHEE, but the Chinese is LEUNG WAI KIN (7), whilst opposite Inland Lot No. 19 is also written LEUNG QUONG CHET, but in Chinese LEUNG KWONG CHU (R). It will be seen from the Chinese that the characters “leung" are quite different, the first being a regular surname, but the second not a surname at all, but a word signifying good, and such as might be used in a shop name. The first name LEUNG WAI KIN might be the name “WAI KUN" which the widow and the adopted son say was one of the names of deceased, although it is to be observed that the adopted son and LAM CHIU TIN wrote the “Wai" of WAI KIN by quite a different character. The LEUNG KWONG CHU after Inland Lot 19 cannot be a Chinese name, and I understand it cannot be even a shop name. These characters are all different from that in the counterpart leases, and therefore from the name of the deceased.
For the defence the occupant was called and proved that he only rented recently the house from MOK CHEUNG, and that he had no interest one way or other in the property, but that he had paid his rent to Mox CHEUNG,
CHENG YUK CHEUNG OF CHENG CHI TING, who is 61 years of age, and carries on rope business at Apli-chau says that the deceased was called HIN WA and was his partner with others in rope and sail making under the name of LEUNG HOP LI, that they carried on business on Inland Lot 19, and that HIN WA lived in the end house. He says that the partners were LEUNG WA CHAU, LEUNG HIN WA, MOK KWONG FAT and himself CHENG CHI TING. He said that HIN WA had two shares, and that at the sale of the lots in 1861 the ground was bought as partnership property. He states that in the end of 1867 there was a large fire at Aplichau which burned them out, and that the title deeds were burned. He produces copies of the lease got from the Surveyor General's Office after the fire, and these have been in his possession ever since. He also produced the Crown rent receipts from the beginning of 1868, and states that after the fire the LEUNG HOP LI business was wound up, and that the deceased and the others apportioned the land amongst them, the deceased having his two shares in it.
He says that the characters LEUNG KWONG CHI written in the lease were written by him, and that LEUNG KWONG CHI was a made up name representing persons in the partnership. "LEUNG" being taken for the two partners of the LEUNG HOP LI, "KWONG" from a third, and "CHI" from his own, that they had agreed to take the leases in this way in the interest of all, and that by agreement he signed and took the leases thus. When he writes the characters now there is a great similarity in the writing, but as he has had access to the documents at the land office he may have had time to practice. This old man says he has MOK KWONG FAT's share,, also LEUNG WA CHAU's, that they had no sons, and gave their interest to him. He does not claim the property the subject of this action, but recognises Mox CHEUNG's claim to it as well as the claim of another man called Li to a portion of Lot 19. He says LEUNG HIN WA'S son, HT KWAN, looked after the property after the father's death, and that Li got from the son the Western house, and MOK CHEUNG got other portions. Both refund to him a portion of the Crown rents he says, and that although "LAI” and "LAU" were known to him, none of them have ever made any claim on him.
MOK WA CHEUNG, who is the real defendant in this action, is 67 years of age and owns other lots at Aplichau. He says he bought 20 feet of the Marine Lot from LEUNG KWAN, the son, and paid $30 to him in the presence of the widow "
LAU," and the concubine "LAI." The property, he says, he bought in 1869, and it was a share of the property of LEUNG HOP LI, a rope shop. He gives the names of all the partners and describes the fire of 1867, as burning down everything. He had a Chinese deed written out, and said “Lau" was present when it was made out, and the money was paid.
I am of opinion that there was not a person of the name of LEUNG KWONG CHI, but that the characters represented "TONG" name as one of the witnesses said, and that the Official Administrator as representative of LEUNG KWONG Cr does not represent a person but an abstraction. I am also of opinion that according to Chinese ideas the son Hi KWAN with the knowledge and assent of his mother Lau disposed of the interest in the land to Li and to MOK CHEUNG which belonged to his father, although no proper title has been made to them. Indeed the grant of the Government to "LEUNG KWONG Car" can only amount to an equitable estate in the persons and their legal representatives who com- prised the syndicate, and 2-5ths of the interest at all events would seem to have reverted to the Government as un- claimed property of intestates MOK KWONG FAT and LEUNG WA Chau.
Judgment of non-suit.
Question of costs to stand over.
J. RUSSELL,
Puisne Judge.