IMPORTANT LAND CASE DECISION,
RECLAMATION PRIVILEGES.
At the Supreme Court this morning, the Chief Justice (Sir Willian Meigh Goodman) and the Pulsne Judge, (Mr. T. Sercombe Smith) gave judgment in the appeal of Chan Ut Sul and Fun Kan Shan, Chu Lee and Chow Ping The case which sought to set aside, a former judgment of the Chief Justice came
before the Court on the 8th and 9th instant.
HONGKONG CARGO ex S.S. " ARABIA;"
RELEASED AT VLADIVOSTOK.
We are informed that the Portland and
CHARTERED STEAMERS.
Month by month since the outbreak of the war the Japanese Government has been steadily chartering steamers from the various steamship companies of Japan, for service variously as transports, colliers, patrol-boats, coast-guards and supply ships, the number chartered averag.
To-day's Advertisements.
COMPAGNIE DES MESSAGERIES
* MARITIMES. PAQUEBOTS-POSTE FRANCAIS.. FOR SHANGHAI, KOBE AND YOKOHAMA. THE Company's Steamship
"ERNEST SIMONS," Captain Bourdon, will be despatched for the above Ports, TO-MORROW, the 25th instant,
at Noon.
For Freight or Passage, apply to
G. DE AUT
Agent.
Hongkong, 14th-August, 1904.
S.S. "ERNEST SIMONS."
COMPAGNIE DES MESSAGERIES
MARITIMES.
Optional Cargo will be forwarded on unless intimation is received from the Consignees before Noon, TO-DAY, requesting it to be landed here.
Undersigned. Goods remaining unclaimed Dills of Lading will be countersigned by the after WEDNESDAY, the 31st August, at Noon, will be subject to rent and landing charges.
All claims must be sent in to me on or before
·
the 31st August, or they will not be recognised. All damaged packages will be examined on WEDNESDAY, the 31st August, at 3 P.M. No Fire Insurance has been effected.
G. DE CHAMPEAUX, Agent. Hongkong, 24th August, 1904:
HONGKONG GYMKHANA CLUB.
THIRD MEETING,
THE HONGKONG TELEGRAPH, WEDNESDAY, AUGUST 24 1904.
holders of Marine Lot 532, because in his evi- entitled to share in the scheme propounded by | the portions of land assigned to them under the plaintiffs are entitled to the groat of a dence he says "What I decided in the matter the Ordinance, and that so far as M. L. 53 A is the Praya Reclamation Ordinance, 1889, section | Crown lease of the area of land marked red ́in was that the person entering into the aurce- concerned only the ownership of sectious B | 7, sub-section 2”-In the schedule attached the articles of agreement dated 5th Oct., 1889, ment should guarantee either to assign an and D, and of the remaining portion could, here is this:–“ Registered No. of Marine Lot, but apparently executed on 29th Dec, 1889; ‘equitable proportion of the said reclamation, participate in the reclamation in front of M. La 53 A, names of crown lessees or their as that is to say, to such proportion (from front to or to pay an equivalent in money to the owners 53 4. The terms of admission to the scheme signees on date of acceptance, Section B, Yew back) of the whole of the reclamation to Maripe of the back sections? Now, if I am right in were that the eligible Crown lessees, or their Chow; Section D, Yew Chow," I do not doubt Lot 53 A as the frontage of the plaintiff pro- my constraction of the Ordinance, the back assigns, should contribute towards the cost therefore that Yew Chow qualified to enter into perty, Sections B. and D. of the said lot upon section holders had no claim whatever, I can of the works and that the Governor would the agreement and as owner of Sections B and the old Praya radway (now known as Des not therefore quite see why Chu Chuon was grant Crown leases of such equitable propor became under the Ordinance equitable Veux Road) have to the whole frontage of allowed to enter into Yew Chow's agreement, as tion of the reclamation as might finally be owner of the right to the front of a Crown lease Marine Lot No. 53 A upon the said roadway; well as his own, except upon the understanding available. These terms being settled, a plan of the reclamation delineated red on the plan and that the plaintiffs refund to the defendants that before the Crown Leases came to he granted, showing in detail the portion of the proposed, Annexed to the agreement which he should with interest at 8 per cent, such sums as they, Mr. M. W. Slade, (instructed by Mr. H. J. years afterwards, when the reclamation should reclamation assigned to lessees and a schedule have signed but which was in fact signed or their predecessors in title, have contributed Gedge, of Messrs. Johnson, Stokes and Master) be finished, the question of what was Yew Chow's containing a list of such lessees and the ap-by Chu Chuten. The legal right being by to the cost of the reclamation in question as appeared for the appellants, and Mr. E. H. proper proportion. that is to say his equitable proximate contribution required from each the agreement in Chu Chuen and the equitable well as the sum of Sacos for which Chu Chuen Sharp, K.C., and Mr. H. E. Pollock K.C., (in proportion of the whole reclamation in front of were to be deposited at the Land Registry right by the Ordinance in Yew Chow, Chu bought the alleged reclamation rights of the structed by Mr. J. Scott Harston of Messrs. the whole of Marine Lot 53a would have to be Office (Sec. 7 (i)). Pursuant to section 7 (i) Chuen was trustee for Yew Chow of such right owner of back section C. This appeal should Ewens and Harston) were for the respondents. settled amicably or by the Court. In the letter the deposit of the plan was notified in the New what was that right? It was the right to therefore be dismissed with costs.
The Chief Justice, in delivering judgment, of February 3, 1890, from the Colonial Secretary Gazette of the 6th July, 1889, and a copy of the a grant of a Crown lease, which is personal said: This is an appeal from the judgment of in response to a claim in respect of a back schedule was simultaneously published. There- property. A contract for a lease is an interest the Chief Justice in the above action, delivered section, Chu Chuen was told 'I am directed to upon it became necessary that the lessees who in land within the meaning of section 4 of the on March 26 last, in favour of the respondents informou that your rights will be duly con were desirous of entering into an agreement in Statute of Frauds: the words in the 4th section who were the plaintiffs in the action. When sidered when the leases to the reclaimed land the form of the schedule to the Ordinance are lands, tenements or hereditaments or the Praya Reclamation Ordinance was passed are being prepared. Chu Chuen had already should, within a period of (wo months from the any interest in or concerning them." The 7th on May 10, 1889, there were three sections of been informed, by the letter of January 9, 1890, 6th of July, 1889, signify in writing their ac-section mentions lands, tenements or here: Asiatic Steamship. Co.'s chartered steamer
NOTICE TO CONSIGNEES.
Marine Lot 53a, which fronted the then Praya, from the Colonial Secretary, that as a back ceptance of the portions of land (ie, reclama-ditaments," but does not mention any interest
"ONSIGNEES of Cargo from London, namely, sections B and D, and what was called section holder of Marine Lot 53a, he could not tion land) assigned to them on the plan de- in them. The inference is that interests in Arabia which was seized by the Vladivostok
ax 3.5. Douro and Adour, from Havre, "the remaining portion." There were also two be allowed to sign a reclamation agreement, posited, and of their intention to enter into an land such as a contract for a lease are not with Squadron toward the close of July and taken Ville de Valencien and Ville de Lorient, in sections, namely, section C and section A, but as he would not take 'ng' for an answer, agreement. Under these circumstances, Yew in section 7. But if this view be unsound and to that part was to leave Viadivostock to day. connection with abave Steamer, are hereby
reclamation from the sea or harbour on the tn the then distant futore date when the actual and D. would have been entitled to his 'of lands, tenements or hereditaments within was notified, on the 5th inst., that the vessel landed and stored at their risks into the which had ao frontage on the Praya. The further consideration of the matter was referred Chow who as owner of frant sections B. the trust arising in the present case is a trust The Hongkong cargo has been released. It informed that their Goods, with the exception··
of Opium, Treasure and Valuables are being other side of the Praya (a fifty-foot road Crown Leases would be granted. It is unequitable proportion of the available reclama- section, and if there is no document signed was released at Vladivostok after a quantity of Godowns of the Hongkong and Kowloon way belonging to the Crown and running doubtedly true that, in all the circumstances, tion in front of M. L. 534, upon signing the by defendant proving the existence of the trust
flour and railway material had been removed. Wharf and Godown Co., Limited, at Kowloon, between the harbour and Marine Lot 53a) Yew Chow did not enter into the statutory agree agreement refused, for reasons which need not alleged, nevertheless. other evidence is admis-
whence delivery may be obtained immediately was to be made under the Ordinance. Section ment within the statutory three months from be speculated upon, to enter into the agree-sible to prevent the Statute of Frauds from
after landing. JAPANESE GOVERNMENT'S 7, which is numbered as section 8 in the edition July 6, 1889, the date of notification required by ment. of the New Ordinances, begins by reciting that the Ordinance. But it is also true that Cha which it is difficult to understand, was per- Rochefoucald v. Bonstead (1897) ch. at Thereupon Chu Chuen, for reasons being used in order to commit a fraud. In (as interpret the section) the "frontagers," or Chuen only entered into the two agreements, mitted to sign the agreement in respect of the p. 206, Lindley, L. J, said: "It is further the majority of them, had signified their readin- namely, his own and that into which Yew Chow reclamation to M. L. 53 A. sections B. and D. established by a series of cases, the propriety ness to contribute towards the cost to be inturought to have entered on December 19, 1889, That agreement was nominally dated Oct. 5th.
of which cannot now be questioned, that red for, and in connection with, the reclamation, although the old date of October 5, 1889, was in 1889, and had attached to it a document which the Statute of Frauds does not prevent provided the Governor wound grant to them, each case allowed to remain unaltered on the has been designated an "undertaking "through-proof of a fraud; and that it is a fraud on the respectively, Crown Leases of such equitable agreement. The Crown could, however, I pre aut this action. In this state of affairs, the part of a person to whom land is conveyed as proportion of the proposed reclamation as
sume, by its representative allow the agreement successors in title of Yew Chow brought an a trustee and who knows it was so conveyeding some forty per month. might be available, having regard to public re to be catered into after the three months under action in title of Chu Chuen asking for a to deny the trust and claim the land himself. quirements in respect of roads and streets to be its general powers, if not under statutory auth declaration that they were entitled to such Consequently, notwithstanding the Statute, it made on the land when reclaimed and in the ority, I do not think the 'undertaking' to as proportion (from front to back) of the whole of is competent for a person claiming land con- case of each frontage (as interpret the word sign an equitable proportion can fairly be con- the reclamation to Marine Lot 53. A. as the veyed to another to prove by parole evidence "lessee" in the circumstances) having regard to strued as such proportion' as Chu Chuen frontage of their property, sections B. and D. that it was so conveyed upon trust for the the claims of other frontagers (the word is erroneously consider to be an equitable pro- of the said lot, upon, the old Praya roadway claimant and that the grastes, knowing the 'lessees', which I again bold to mean "front portion" It must mean such a proportion as a (now known as des Vacux Road) bears to the facts, is denying the trust and relying upon the agers," in accordance with the interpretation Const of Equity would, if appealed to, hold to whole frontage of Marine Lot 53 A. upon the form of conveyance and the Statute in order given by the first few lines of the section).
be an equitable proportion. It is clear that said roadway. The Chief Justice decided that to keep the land himself." This passage in my be made signed by the Surveyor General to be deemed a person who was willing to terest at 8 per cent. the 12,000 paid by Cha peity of which Chu Chuen was trustee was and countersigned by the Governor show accept the portion allotted to him on the Chuen to Mr. M. J. D. Stephens and the money within section 7 of the Statute of Frauds. It ing in detail the portion of the proposed plan, because in the Government Notifica contributed by Chu Chuen and the defendants was urged that Yew Chow had forfeited his reclamation assigned to lessees (ie., as 1tion, No. 539, in the Hongkong Government towards the cost of making the Praya, he ought right to enter into an agreement and had been interpret it "frontagers") in respect of the lots Gazette of December 19, 1901, a List of to decree that the Crown. lease of the whole relegated to his remedies under section 7 (6) of land or sections thereof registered in their Lessees who have signified their acceptance disputed portion of the Reclamation ought to of the Praya Reclamation Ordinance. If this Dames at the Land Registry Office at the of the portions of land assigned to them, date of the commencement of the Ordinance. etc., elċ,' is given, and under the heading This plan was to be deposited at the said office of Names of Crown Lessees or thei. assigns and to have annexed to it a schedule contain registered on date of acceptance' the name ing a list of the lessees (ie, as I interpret it of Yew Chow is given as regards sections B "frontagers") of such lots of lard and sections and D of Marine Lot 533. In my opinion if as aforesaid, and the approximate contribution the matter had been brought for the decision required from each of them in respect of the of the Court in 1889, the Court would have cost of his portion of the reclamation. This held that Yew Chow's equitable proportion of plan and schedule were to be gazetted. This the whole reclamation in front of Marine Lot was duly done. The plan showed the 'equitable 532 was that portion allotted to him by the proportions' of the reclamation in front of plan and schedule, and that Chu Chuen's Marine Lot 538, respectively allotted to Yew equitable proportion was the other portion Chow, the lessee of sections B and D, and to allotted to him by the plan and schedule, in Chu Chuen, the lessee of the so-called 'remain respect of what was called 'the remaining per ing portion, both being frontagers, and, of tions of Marine Lot 53. It was admitted course, it showed no portion allotted to the that the appellants stood in the place of Chu lessees of sections A and C who were not Chuen, their predecessor in title, and that the "frontagers." The schedule gave Yew Chow respondents stood in the place of Yew Chow 5,853 square feet and Chu Chuen 1,526 square their predecessor in title. I can see nothing feet. The system of apportioning to froningers affecting this case in the fact that, after thas been aware that he was signing an agreement therefore ceased to have an equitable right to probable, we learn, that the inquiry for Japan only was carried out all through the scheme. action was began, the Appellants were allowed Mr. Bruce Shepherd, the Land Officer, in his to enter into a Possessory Agreement on giving evidence, stated "The general rule was to a similar undertaking to that given by their divide the reclamation according to the line of predecessor, Chu Chuen, and on the whole frontage, lineal frontages were undivided and adhere to the judgment I gave in the Coun frontage sections were divided.
In the below, and which went fully into the matter. Government scheme no portion of the reclama. On referring to my notes 1 see that the Counsel tion was allotted to back section owners of for the Appellants admitted in the Court below, Marine Lots. In my opinion that course was while Mr. Sharp, K.C, the Counsel for the in accordance with the intention of the Or plaintiffs, was opening his case that the plain. dinance. It has been acted upon all through tiffs were entitled to a portion of the extension, and to place any other interpretation upon the fe, of the reclamation; and if so I can only say Ordinance now, when, after fifteen years, the it appears to me that they are entitled to the reclamation has been practically completed proportion the plan and schedule allotted to and frontagers have paid their contributions Yew Chow. The appeal therefore must be Rod have dealt with their interests in the por- dismissed with costs. tions allotted to them, would be most disastrous,
Of these the Nippon Yusen Kaisha beads the list, with 60 steamers chartered, of one of which the charter was cancelled to enable the company to maintain its Australian line, and four others, as it will be remembered. by our readers, being used to block the entrance to Port Arthur, which was, however, only partially successful, The Osaka Shosen Kaisha follows with thirty steamers, the Mitsui Bussun Kaisha with 8, and From sundry other companies one hundred and sixteen steamers have been chartered, but li from Japanese companies, the government chartering no foreign vessels direct. Among the above number there are, of course, a good many foreign vessels, but these have been pre- viously chartered by private Japanese firms
The section then provides that a plan should the Government considered that Yew Chow was if the plaintiffs were willing to refund with in judgment covers the present case, if the pro- the Toyo Kissen Kaisha with five steamers. JUST ENTRIES will be allowed in Events “
enter into
that up to last official advices from Japao about
steamers have been chartered, of tonnages vary. the 7th inst., some two hundred and nineteen
be granted (on payment of any further contri-is urged on the ground that Yew Chaw was bution that might become due in final settle-not only out of time but also did not and then chartered by them to their government ment of the Praya Reclamation Accounts) to the plaintiffs; or if granted to the defendants, that the land must be held by them a trust for the plaintiffs. It is from that decision that this appeal lies. There are two questions raised onth October, 1889; for though that agreementing from 500 to 6,400 registered. this appeal: (1) Was Chu Chuen a trustee for Yew Chow? (II.) If he was, of what was he trustee? By an agreement dated. Oct. 5th,
Nos, 2 and 4, viz. -TENT PEGGING
and THE LADIES' NOMINATION, The entrance fee for Tent Pegging has been re- duced from $5 to $3.
GEO. K. HALL BRUTTON, Hon. Secretary, Gým. Com. '
[968 Hongkong, 24th August, 1904.
FAREWELL PERFORMANCE
AND
AT THE
METROPOLE THEATRE.
SATURDAY, AUGUST 27TH.
A Special Programme Arranged:
announces that
an agreement, the objection as it required them. Thus it will be seen GRAND TESTIMONIAL BENEFIT equally applies to Chu Chuen who though he signed an agreement did within the prescribed time, viz., on or before not sign
was dated 5th October it is certain that it was not signed until some date between 6th and 20th December, 1889 (see letters of 6th and 1899, the Governor of Hongkong stipulated zoth December, 1889) and very probably not that upon the completion of a certain re-till 19th December, 1889. Moreover, it con- clamation and upon payment by Chu cerned the Crown only, and in no manner Chuen of certain sums, he (the Governor) concerned Chu Chuan how the Crown was would grant to Chu Chuen a Crown lease of pleased to treat Yew Chow after he had signi- that portion of the reclamation delineated and fied his acceptance and intention, though he coloured red upon a plan annexed to the agree had failed to enter into an agreement. I think ment. In that agreement the name of Yew therefore that there is no force in any conten- Chow is struck out, and the name Chu Chuen tion that Yew Chow had lost his right to come is substituted. Chu Chuen must therefore have in under the reclamation scheme and had originally intended to have been signed by
It is understood that within the next month
chartered for coast service, details of which, or six weeks several more steamers will be borever, are not yet to, band in the mean-M performance will be the last for several time we have learnt that the steamers of weeks, as he contemplates making extensive the Indo-China S. N. Co...engaged with improvements to the Theatre, including the
installation of an Electric Light plant. chartered, while from the same company's fleet the Japanese Government, have been re
vice in Japan, for a period of six months. Had two more steamers have been secured for ser-
vessels in the coastwise carrying trade it is very not this company profitable engagement for its
the grant of a Crown lease. Hitherte I have would have been more largely met.
A GOLD STANDARD WANTED.
The President of the Board of Revenue has
Yew Chow. The plan annexed to the agreemade no allusion to the document which was ment showed that the reclamation of which a
attached to the agreement and signed on 19th Crown lease was agreed to be granted was the December and has been called the "under- reclamation in respect of sections B. and D. of taking" throughout this case.. I view that reported on the accumulation of gold for coin- M.-L. 53 A. Of this also Chu Chien must document as embodying a preliminary agreeing gold coins. The President says that owing bave been aware when he signed the agreement for what it was worth between the Crown to the high price of gold, China has lost con meal. Further Chu Chuen was not the owner and Chu Chuen. By preliminary agreement 1 silerable money both in the matter of trade of sections B. and D., as he well knew. Cho mean an agreement preliminary to the signing demnities. In consideration of a further re- and in the payment of the old and new in- Chuen also knew that Yew Chow was the of the agreement under the Ordinance by Chu duction in the price of silver, it is absolutely owner of these two sections. Moreover, under Chues. It was a condition precedent to Chunecessary for the Government to follow the the proviso to Clauses of the agreement Chuen being allowed to sign that agreement Chu Chuen was to obtain no other rights that he should give such an undertaking, over the new foreshore in front of the That letter came into existence as a result reclamation than he had in respect of sections of the Colonial Secretary's letter of 6th
good example of Japan by adopting the gold standard. Therefore the memorialist asks permission to take in gold at Tis. 32 per 1 TI. who purchase brevet official ranks and tities in of pure gold from those officials and others
accordance with the regulations of the Board, so that gold may be collected for the important purpose mentioned,
Rescript: Let it be as recommended.— P. & T. Times.
,!
THE NEW NEWCHWANG.
RAILWAY NOW RUNS TO HAICHENG
Newchwang, 11th August.
On Tuesday I interviewed Major Yokura, who has been permanently appointed Military ters will be continued in the same manner as Administrator. He states that municipal mal-
formerly under an engineer division.
B. and D. of M. L. 53 A. As he was not owner December, 1889; without it, no agreement Mr. T. Sercombe Smith concurred. He of sections B. and D. he had no rights of fore- with the Chuen. would have, been made. In my opinion the plan and schedule allotted said: In May 1889 the Praya Reclamation shore in respect of those two sections. The That document does not, in my opinion, in their respective equitable proportions' to Yew Ordinance, No. 16 of 1889, was passed to carry only way therefore of giving effect to this any way control or modify or affect the con- Chow and Chu Chuen quite properly and out a scheme for the reclamation of the fore- proviso would be to treat Chu Chuen as repre-struction to be placed either of the agreement cannot help believing that if those gentlemen shore opposite the City of Victoria. At this senting the real owners of sections B. and D. of 19th December, 1889," or on the Praya had been let alone they would have signed date, Marine Lot 53 A. which was affected by From the agreement itself therefore and from Reclamation Ordinance, 1889, and does not the agreements for their respective portions of the Ordinance stood divided into five sections,, the fact that Chu Chuen was not owner of throw light on the question of the property of reclamation in due course. Someone, however, A, B, C, D, and a remaining portion. The sectious B. and B. I conclude that Chu Chuen which Chu Cheen was trustee for Yew Cliów, in my opinion, misreading the Ordinance, owner of front sections B. and D. was Yew entered into the agreement not for himself but it may have evidential value on the point put it into Chu Chuen's head that he was Chow, predecessor in title of the present res- for Yew Chow, and that whilst the legal right to whether Chu Chuen considered himself a trustee entitled to a much larger proportion than pondents. The owner of back section A. and benefit of the agreement was in Chu Chuen, for Yew Chow, but i have not used it for that that allotted to him, because he held a con- of the remaining portion was Chu Chuen, the equitable right was in Yew Chow, Turning purpose. The urdinance, the agreement and siderable proportion of Marine Lot 532, as predecessor in tite of the present appellants, now to the Praya Reclamation Ordinance, all surrounding circumstances demonstrate in my a back section owner. Whether it was the Back section C was owned by Mr. M. J. D. the reclamation projected under the Ordinance judgment that the relation of trustee and The revenue from the West Custom will be English gentleman who wrote Chu Chuea's Stephens. The alleged reclamation rights was vested absolutely in the Crown, with power cestui que trust existed between Chu Chuen utilised to institute improvements throughout letters to the Colonial Secretary I do not know. belonging to this, back section were later on to the Governor, subject to the provisions of the and Yew Chow in respect of the right to a the native city and the British Concession, the The name of that gentleman was mentioned in bought by Chu Chuen from Mr. Stephens for Ordinance, to deal with and dispose of that grant of a Crown lease of that portion of the ments, and electric lighting works will be
(drestore and bund. Streets, sanitary improve the course of the arguments and it was clear to $2,000 (see third paragraph of Chu Chuen's reclamation to as full an extent as in the reclamation which is marked red on the plan begun immediately; also the alteration of the me that Chu bren's letters were not written letter of 20th Dec, 1889), who according to the case of other Crown lands. - These provisions annexed to the agreement which is sigued by railway gauge between Neuchialup and Tashib- by a Chioestowever that may be, the con- proper construction of the Ordinance were are contained in section 7 which, in brief, pro-Chu Chuen. It must be assumed that the land chino, tention on the part of Chu Chuen was that the entitled to share in the scheme propounded by vides for agreements to be entered into be marked red on the plan annexed to the agree-The Russians when evacuating bave not "equitable proportion which really ought to the Ordinance. According to the introductory tween the Governor and those Crown lessees ment was allotted to the owner of sections B. have been allotted to Yew Chow was "so small portion of section the persons so entitled who have complied with sub-section 2 off and D. because it was deemed to be the equit- that he could not build upon it in conformity were the Crown lessees or their assigns who, section 7, by signifying in writing their acceptable proportion to which that owner was. with the building agreement of the Reclama at the date of the commencement of the ance of the land assigned to them on a certain entitled by the Ordinance. At any rate Chu tion Ordinance" (see letter, December 20, Ordinance, viz., May soth, 1889, were registered plan and of their intention to eater into an
Chuen was trustee for Yew Chow of the portion 1889). There was no evidence that Yew Chow in the Land Registry Office in respect agreement. Yew Chow, being Crown lessee of allotted on the plan, and if Yew Chow's succes consulted any lawyer, and, fifteen years ago, of the lots or sections thereof fronting the sections B and D of M. L. 53 A, was entitled sors in title, the present respondents, are dis- Chinese in Hongkong were even less familiar Praya roadway along the line of the pro- to enter into the agreement which Chu Chuen satisfied with that apportionment there are with English Law than they are now. Person- posed reclamation. In his judgment in the signed, provided he (Yew Chow) signified to means by which"the" question "can be raised by Oku and Kuroki to attack Kuropatkin's Great conjoint preparations are being made ally, I have so doubt that the real reason why Court below the Chief Justice construed the the Crown his acceptance and intention as Against the Crown as to whether they are main position at Liaoyang next week. Yew Chow did not signify bis acceptance in words "lots of land or sections thereof fronting aforesaid. Notwithstanding the evidence of receiving the equitable proportion contemplat- Many schooners and small steamers are writing and enter into the agreement prepared the Praya roadway to mean undivided lois Mr. Bruce Shepherd that Yew Chow did not d by the Ordinance. In my opinion they arriving with supplies but no reinforcements for him was that he was afraid that those who which fronted the Fraya roadway, and re-signily his assent under the Ordinance," it is will receive that proportion though that expres
have been landed here.-CAtra Timos:" asserted the claims of back section holder jected the contention of the appellants that the clear, think, that the Crown recognised Yew sion of that opinion is not necessary to the would involve him in litigation and troubloff words meant lots of land fronting the Praya Chow as a Crown lessee who signified his decision in this case. On the other hand, if the he did. Mr. Stephens, the lessee of back roadway or sections of lots of land which acceptance under section 7 (1) of the Fraya appellants think they have a claim against the section C, was a lawyer, and even Mr. Bruce front the Praya roadway antecedent to Reclamation Ordinance, 1889. This is notific: Crown by reason of the undertaking given by Shepherd, the official who was acting as Land "which" being "les of land and notation. No. 530 published in the Hongkong Chu Chuen they also have their remedy; but Officer for the Government, appears to me in "sections. I concur in the construction adopt Government Geselle of 19th December, 1991. Lis cannot affect the rights of Chu Chuen and this particular case, for some reason which led by the Chief Justice. It follows that those That notification in part is as follows: The Yew Chow, inter se, and those rights form the
dugvankriga | cannot understand, to have given some coun- persons who owned back sections, Le, sections Praya Reclamation Ordinance, 1889-List of only matter for consideration in this appeal. tenance to the clalme of the pack section not fronting the Praya roadway, were not losices who have signified their acceptance of I therefore think that it should be declared that
destroyed any of the bridges.
Trains are running daily from Pulaniien to Haicheng town.
Though there is a military administration we are not under martial law. There are only general restrictions against the advent of un- allow anyone to go outside the two mile semi- desirable persons, and an absolute refusal to circular limit without a special pass.
COMMERCIAL.
SHARE LIST..
3.4 p.m.
Following are further alterations in Messrs. Ged to as after the list had been printed Benjamin, Kelly & Potta' share quotations no-
China Sugars in m Kowloon Wharves Su
occasion of a Grand Testimonial Benefit to bis This Performance will also be made the
Business Manager, Mr. CHARLIE WARE.
Prices...
...$1 and $1. Soldiers and Sailors, in uniform, half price.
Tickets may be purchased and seats
reserved
at the METROPOLE HOTEL or Praya East Hotel.
SATURDAY, August 27th, Hongkong, 24th August, 1904.
Intimation.
THE POPULAR:
SCOTCH
"BLACK&WHITE"
JAMES BUCHANAN & CO. SCOTCH WHISKEĻUSTIZIAS
By Appointment by HOME THE KING
Η απά
HRH the PRINCE of WALES
Supplied at all the and HOTEL LANE CRAY
Centra
[967
UBS
Page 5Page 6
Shipping—Steamers.