THE ONS KA988AITLE-MARO”
MUCOESSFUL" LAUNCH AT, KAWASAKI DOCKYARD,
the afternoon of the grd instant the O.S. K. sister her Seattle-darw, now being built at the Kawasaki: Dockyard, Kobe, was satisfactorily
2
THE HONGKONG TELEGRAPH FRIDAY
Reclamation Dispute.
ACTION BY GOVERNMENT.
INTERESTINO ARGUMENT ON DOVERNOR'S POWERE
bed, as briefly reported yesterday. Shortly Land owner in Hongkong, and especially. o'clock the invijed guests assembled pt) those interested in the old reclamation scheme, the yard, and about three quarters of an hour will read with no litle interest the cass which
MAY 14 1900
"We also agree to idemaity the Govern ment of Hongkong in respect of any legal claim that may beresitor, bo, made against it in respect of the said reclamation.
suant to Section of the Prays Reclamation Or. dinance, 1889, and upon payment of the whole of the said sum, the Governor would grant a Crown Lease of all such partion of the reclama. | tion provided for by the said Ordinanca as was. "Dated the 24th July, 1903, delineated on the plan thereunto annexed and. therean coloured red for a term of 9,9 years.
"Witness to the signaturan of Chu Les and The part of the said play which in coloured red Cau fing and Interpreted to them by Lo Kwas shows that the reclamation appertaining | Yi, sworn interpreter. to the said Sections B and D of Marine
"(51). CHỦ LE
To Chinese... Lot No. 53A is an area of land which
(54) CHU PING measures 5,853 square feet and extends right
back:
180
second agresent dated sath July, 1903, for certalo declarations, and for costs. T
Cabinet of England. No action could be brought, against the Cabinet Actions of all kinds, actions for and on behalf of the Govern Considerable argussoni was started between ment of England, unless, in the name of Counsel as to the adminibility of a cortala the reigning Sovereign for the time being, document. Mr. Pollock (for the plalotif) unless by Igislatore, or charter, or patent, argued the document should be accepted while which created bigh offices into a corpora Mr. Slade (for, the defence) argued otherwise. tion, there was on right of action. Mr Slade Mr. Sinde tinted bancheusay, "widence". (the observed: that the action was defective, and Governor's minute) was not admissible. Une added "that suit by a Governor for and less it could be proved that Sir William Des on behalf of the Government was no suit at all. Veux was daad, under no conceivable circum ||*- The Chief Justice was undemood to remark stancas could hin, minula; be admitted, ag
evidence. 18th day of May, 1904.
Mr. Slade pursued that the Governor, perhaps, Mr. Blade-My friend thinks that the minute H.E. Sir Frederick Logard, Governor of
6. The said Chu Chuen was only permitted 15. The porties of the works in the area of
zo." If it was shown, the defence could plead it in. by the then Governor of Hongkong to go the reclamation, described as Section No bad a right of action, but it was not shown to be will help him and that is why she wan Chu Picg, a merchant of 333 Des Voeux Road
the fast mentioned Agreement subject to and as the plan deposited in the Land Office to the amendment. But to go and say they Mr. Pollock-The Governor in a very un- and the vessel glided down the ways into the West, (executor for Chu Chuen, a rich tobacco upon and in consideration of his entering into parsuant to Section 7: of the Praya, Re• 'were going to cut out this and that and insert a.lfortunate person andar tke Reclamation Ordi- waler amidst the enthusiastic cheers of the manufacturer), was the defendant. The claim kong, which is in the words and figures fole month of May, 1899, and was completed obvious that the proper plaintiff in this action i Dance for it shows what he is and what he is not
late Mr. Matsakata, the President, and Mwas heard before Sir Francis Piggott (Chis through the, said, reclamation from frant to f 14. The said Cha Lee died on or about the that there could be an amendment, Kawasaki, Vice-President of the company Mr Justice) in the Supreme Court, last Monday, Fuwa, Chief Secretary in the Hyogo Kenche, morning. „and a number of others appeared on the plat-
the Beamterally as 5 pm, the cord holding the steamer was cut by Miss Nakabashi, daugh ter of the President of the Osaka Shosen Kaisha,
the Colony, was outered as plaintis, verne
was for the specific performanca by the defendant of agreements dated 17th December, 1889, and 24th July, 1903, with the Governor, in respect of Barine Lot No. 534, which lot is situated near Tung Man Lann, Hongkong, and and is bounded on the west by Endicott Lase. Mr. H. E. Pollock, with whom wai ·Mo^ H.
at Agreement with the Governor of Hong-clamation Ordinance was begun about the new name as plainuff was not right. It was
Jowing:-
crowds of spectators.
After the launch tea was served to the guests in the manager's office. Mr. Manokata deli vered a brief speech is which he referred to the progress made by the American rervice of Japanese steathers. Fifteen years ago the Nippon Yusen Kaiba opened an American lise, and was followed by the Toyo Kiten & Deanys (of the Crown Solicitor's office) Kaisha, while now the Osaka Season Kaisha appeared for the plaintif Mr. M. W. Sade *was about to open a” šervice to 'Amèrica. On and Mr. C. J. Alabaster, instructed by Mr. H. J. the owners of sections B. G. and D, of the said fendant the sum of Si1,164.60, together with
this development of the mercantile marine the Gedge (of Messrs. Johnson, Stokes and Matter) country was to be congratulated. Mr. Maisu represented the defendant. kata then called for Banzai for the Osaka Shosen Kaisba. All responded, giving three „Banzal, after which the gathering dispersed,
about the month of June, '1903, and the whole of the sum of $12,739.54 being the 11, the undersigned, Chu Chuno, Crown cast of the reclamation in respect of sec Lessce of Marine Lot No. 53, in considerations B, and D. of the sald. Lot, has been paid tion of the agreement entered iste by me this to the Hongkong Government, the sum of day for the reclamation of the fureshore $11.164.60, by Chu Chuen, or by his ex in front of the Lot under the Praya Reclamation ecutors, and $1,594.94 by Chan Ut Chiu Ordinance, 1889, hereby guarantee sither, to assign an equitable proportion of the said re-willing upon the ratief being granted, which is and Pan Kom Shan. The plaintiff is ready and clamation, or to pay da equivalent in money to
prayed for in this action to pay to the de❘
interest thereon at the rate of 8 per cent, per annum from the respective dates on which the respective instalments thereof wore paid, by Cha Chusn or by his exacutors. ¿
The Seattle-mary, which has a tonnage of 6,600, is the second of three vessels of this type ordered from the Kawasaki Yard. The firs
THE CLAIM.
The action was for ;-
· 1.—The specific performancs hy the defend- 1 of the grepment dated 19th Decembar, 1889, whereby Chu Chuen (nop det) agreed with the Gonor of Bangkong, for the consi
Lot
4
hereby also agree to indemnity the Goverment in respect of any claims that may hereafter be made against it in respect of the said reclamation.
“Dated this 19th day of December, 1889:
*(5d) CHÚ CHÙEN"
|
A THE STATEMENT OF DEFENCE.
The statement of defence reads as follows
1. The defendant admits
was the King, but he (Mr. Blade) was doubtful catspaw of the "two greedy Chinese now fight whether His Majesty would care to be the ing to the Privy Council. That was, however,
another matiert
..
to do, I put the minate in simply to show that the Governor bad expressed's wish, N base his argument on any document,
Mr. Binde 'stated that his friend could not
Mr. Mr. Fleicher was called to the witness - box,"
and asked by Mr. Follock whether he found op the C.5.0.(produced) an opinion of the acting: Attorney-General dated 1889.
the Tacoma-maru; which was laurched about a deration!ų, tad jurationed, either to astigh as The said Chu Chien came to a settlement | of the statement of claim Paragraphs 3 and a) title as the then Governor had to whoever for the
moth
month ago and is now belag equipped. The equitables of the reclamatian to third, which is to be named the Chicago maalum 9. 53A, or to pay an equi, lank is expected to be launched-about thren BoncoAll three vessels.are to be placed on the Tacoma line of the company, Three more steamers have been ordered from the Mitsu Bisbi Yard at Nagasaki-Japan Chronicle.
JUNK WEBGRED IN HARBOUR."
NO CASUALTI 8.
unfortunate accident, happily of rain ce, befell a cargo boat is the harbour erday. The ill-fated craft left Yau- y in the afternoon to proceed to her age at Wanchai. She had on board a small cargo, and a crew of about ten persons, including women and children. All went well until the cargo cartier arrived near Jardine's Sugar Refinery, when the draft struck a rock, Jo a few minutes she foundered. The crew were all precipitated into the water, but they were all rescued by iampan people. The loss of the junk and cargo is estimated at less than $1,000. Later the submerged junk was beached close by.
MR. J. A. FOND,
RETIREMENT OF POPULAR SHANGHAI RESIDENT.
The N., C. D. New, of 31d inst, says, The many friends of Mr. J. A. Pond, who left shop bai for Home by the Miyan ike Maru on Friday, will be pleased to bear iba "the Stewards and. members of the Racè Club are arranging to, make him a presentation in recognition of ku services to the Club and as a mark of the esteem in, which be is held by them,
-The specific performance of the agree ment, dated the 24th July, 1903, whereby the defendant and ong Chu Lee (now deceased) as
with the owner of Section C of the said Lot,
The said Yiu Chow was ready and willing the said tot money to the owners of Sections B and Deland he so informed the Hongkong Government prior to the execution of the documents which are referred to in paragraphs 4, 5 and 6 hereof to accept the portion of the re- clamation which was coloured red'on the, pian
'able proportion of the ssid reclamation under the Prays Reclamation Ordinance, 1889, but the said Chu Chués claimed to be enlitiad-un- der the Praya Reclamation Ordinance, 1889, to a considerable part of the said portion of the said area and the Governor of Hongkong, with out coming to a decision as to and without prejudice to the rival claims of the said Yiu Chow and the said Chu Chuen to sign the said Articles of Agreement but only upon and in consideration of his entering into the under- taking which is referred to, in paragraph 6 bereol.
:
a. The defendant admits paragraphs 3, 4, 5 and 6 the statement of claim, Except that be does not admit that the Articles of Agreement in paragraph 4 mentioned were signed on the 15th December, 1889, and says they were signed on the 19th
measurements in the said paragraphs given are
correct:
of estoppat raised by the other side?
The Chief Justice-What about the question Mr. Sinde-To save my friend the trouble I will not raies that point.
HE, POLLOCK'S 'REPLY, M Mr. Pollock stated that the first point to be noted was that in the Interpretation Ordinance, 8 of 1897, Section 5, it was enacted that the word "Governor shall include the officer for the time belog administering the Government the time being" were enough to pass on such in the Colony, Ho took it that the words "for
time being was administering the Government of the Colony. Everything as an agreement, he went on, could be enforced by the officer for the time being. Therefore, assuming that something was done under a statute, the sight of the then Governor would pass on to his successor. This point was of importance be was entered into the present can by Chu Chuca was in regard to the remaining portion of M. L. No. 53A and the other portion, Sections B and D. The documents were in form of Schedule to Ordinance 6 of 1889.
Mr.Stade remarked that no Schedule showed the form of the undertaking.
(deceased) agreed with the Governor of Hong- executors of the will of the said Chu Chuen referred to in paragraph 5 hereof as his rapi. Decamber, 1889, and does not admit that the cause, as a matter of fact, the document which kong io comideration of being let into posses. sion of the reclamation to Marina Lot No.538, either to assign equitable proportion of the Raid reclamation or to pay an equivalent in money to the owners of the said Sections B and D of the said Int when such equitable pro part on or compensation should have been
ascertained,
2
A declaration that the equitable portion of the reclamation to Marine Lot No. 534, which is referred to in the agreements in paragraphs 1 and a hereof, means the equitable proportion of the said reclamation a niceriained by the true interpetation of the Praya Reclamation Ordinance, 1889.
4-A declaration that, upne the true inter pretation of the said Ordinance, the term, equitable proportion, as used in the said Agreements, means such proportion of the whole of the reclamation to Marine Lot No. Sga at the frontage of the owners of the said Sections B and D of Marine Lot. No. 434 upon the old Praya Roadway (now known as Des Voeux load) bears to the whole frontage of Marine Lot No. 53A upon the said Road-
way, 1:
5.A declaration that, upon the tive inter- prefation of the said agreements and of the said Ordinance, the defendant is bound (apon the plaintiff, which he bereby undertakes to do, re-imbursing to the defendant the cost of reclaiming such area together with interest on such cost) to assign to the owners of the aid Sections and D an area of and out of the said reclamation, calculate in the proportion furessid, that is to say, an area of 5,853 square feet. Cost:
7.--Further or other, relief. The defendant
is sued herein as the sole surviving executor of Chu Chuet (deceased).
STATEMENT OF CLAIM. Immediately his Lordship took his next, Counsel for the plaintiff read the statement of claim, which we present in full. The claim read :-
r. The plaintiff is the Governor of Hong.. kong, and be resides at Government. House," Victoria, Hongkong,
1. The defendant is a merchant carrying on. business at No. 313, Des Voeux Road, Victoria, aforesaid, and he is said herein as the sole surviving executor of one Chu Chuen, deceas ed.
Praya Reclamation Ordinance, 1889, that is 3. At the date of the commencement of the to say, on the 10th May, 1899, Marine Lot No. 53A divided into the following sections, Gamely:-
(1) The remaining portion belonging to the
said Chu Chucn..
(2), Section A belonging to the said Chu
Chuca.
(3) Sectives B and D belonging to one Yin
Chow, and
(d) Section C belonging to one Mattbew
John Denman Stephens.
Of the said sections, the remaicing portion and Sections B and Dalons fronted on the Praya Roadway, the remaining portion having frontage on roadway of to ft. 9 is, and sec. is B and D having a frontage on the said roadway 41 ft. 6 is..
3. In answer to paragraph 7 of the statement of claim the defending denies that Yiu Chow was ready and willing or that be at any time so informed the Hongkong Government, to accept any portion of the reclamation in front of the Lot or to enter into any agreements with the Government in respect thereto, or that Tin Chow had made or had any claim to the said reclamation or that Chu Chaen was permitted to sign the Articles of Agres. ment without prejudice to any claim of 8. Upon the true construction of the Prayaefused to enter into the reclamation agreement You Chow, and says that the said You Chow Reclamation Ordinance, 1889, the said Yu
prescribed by the Reclamation Ordinance, 1889, Chow was entuled, as the owner of Sec although requested by the said Gaverament so tions B and D of the said Lot, to such to da and that when the agreement ia para proportion (from front to birt) of the whole graphs and 6, the statement of Elajm of the Reclamation to the said Lot as the referred to were signed by the said Chu, Chuen frontage of sections B., and D. of the said Yin Chow had no right to any part of the said Lat upon the old Praya Roidway, not known
reclamation), as Dei Vicux, Road, bore to the whole frontage. of the said Lot upon the said Roadways that is to say, to the area of land 'which is co- loured red in the plan which is referred to in paragraphs hereof.
|
Mr. Blads abjected, saying that the witamus. was not competent to saswar the question. All that could be dont was, to prove that the initial “A. J. L.a was Andrew Johp. Leach, the then Allergey-General Q
The Chlaf Justice (to the witness)-Do you know? No, beyond the fact that various documents of this kind have passed through my hands.
Mr. Pollock-If that is the case, I will ask Mr. Fletcher to step down and give Mr. Den ays the box. A ...The Chief Justice-That could easily be dis- covered in the Civil Service List.
Mr. Slado-No, my Lord. He was not a civil servant, (Laughter).
The witness was then excused??
Mt. Pollock, procanding, submitted that the opinion of the acting Attorney General was admissible in evidence as leading up to and A--the faller of 6th December, 1889, And ha preceding by only a few days letter is is Bundle proposed to submit' a minute of the Governor showing that the Governor had agreed with the Attorney-General's opinion, 4
Again Mr. Slade objecies, reiterating that tha document could not be admitted as evidence,
Mr. Pollock stated that the very language used in the letter linked up the acting, Aitomey General's opinion given only a few days before levant part of the transaction, of Chu Chuen the whole transaction made that opluton a re- being permitted to sign the reclamation, agros- meat...
He said they were utterly untrue; he had no Mr. Slade objected to his friend's statements.:
Mr. Pollock staled that he was only dealing with the reclamation agreement of 1889, as referred to in paragraph 5 of the statement of claim, and not with the other agreement With regard to the body of the Ordinance, be observed, it would be found that Sub-section of the Ordinance, whleb, stated that it was for 3 of Section 8 was operative partly in the body.
the Governor or any person on his behalf to enter into the form in Schedule. In other words the Praya Reclamation Ordinance laid if down that it was the Governor the Go- verpor was the officer on behalf of the Governight to make them as they were set based on ment--who was to enter into agreements under facts this Ordinance, such as the agreement as" refer- Mr. Pollock-They im. red to in paragraph of the statement of claim. Now, that agreement was one clearly made. under this form of the Ordinance. It was made hy Mr. Bruce Shepherd for and on behalf of the Government-made vader the Statutory form in this Ordinance, so that "the Governor ju cludes bis successors, the "whole string " 10 le speak. In fact unless that was so a very great absurdity would result, because it would mean that the client would have to get what -Way- necessary from Governor Des Vœux.
In answer to paragraph 8 of the statement of claim, the defendant says that by the true con. struction of the said Ordinance. the said Yu Chow could have become entitled to the proportion in the reclamation in the said On or about the 19th day of December, paragraph mentioned by signifying his accept 1891, the Governor of Hongkong caused in be ance thereof in writing within the periods men- published in the Hoogkang Government Gaselle
tioned in Section 8, Sub-sections 1 and 3 of the Notification, No. 530, dated the 19th day of aid Ordinance but that Yiu Chow did not so December, 1891, containing a List of Lessees, signify his acceptance within the said petinds who had signified their acceptance of the pore or at all and that thereby Viu Chow fost all tion of land assigned to them under the Praya rights except to compensation as and when Mr. Slade-I want the Crown lease. Reclamation Qrdicance, 1889, Section 7, Sub-
Mr. Pollock-My friend is jumping. There section 2, and of the quantity or areas of land awarded under Sub-section 6 of the said section:
5. The defardant admits the facts alleged in | is no Crown lease. Counsel proceeded to state to be granted to such Lessees and of the estimated amount of contributions to be paid paragraph 9 of the statement of claim but says that it was lawful for the Governor to carry out that the said notification, so far as regards the work. it was not only absurd to say that by them in respect thereof as rectified, re- adjusted and altered by the Governor-in-Coun- Chow was untrue and a mere clerical all what Chu Chuen got in the agreement was error. The defendant does not admit that the with Governor Dei Vœux and with no other cil, puripant to sub-section 4, of Section 7 of the said Ordinance. 1o.such List (under act of the lleged notification is relevant to Governor. If that was so then he submitted it any issue in this action or that the same has must follow that the godertaking or guarantee the beading of Section No. 6, of the said
in paragraph 6 of the statement of clain most reclamation) appear, inter alfa, the followingy force or affect as between the plaintiff and
defendant.
bave a co-extensive effect. entries --
Length of Frontage
Atex of pro Ted reclam. Estimated "ation assigt,. amount of
able to contribution Lessees
1,576
"
Mr. Pollock's reply was in the affirmaties,
CHIEF JUSTICE'S OPINION.
6. The defendant admits paragraphs 10, The Obist Justice-Was the second agree. 11, 12, 13, 14 and 15 of the statement | ment necessary? Was it made for greajar of claim, exc-pt that he denies that by caution ?
ཡ ཝཱ ཏི virtue of the assigement in paragraph-sa-men- tioned any right to any portion of the said 53,326.60 reclamation passed to Chau Ut Chiu and Pu
Kon Shan or either of them, and says that the payout of $1,594.94 in paragraph #g of the statement of claim mentioned was paid owing to a mistake on the part of the Assistant Land Officerin addressing a demand for payment of the said sum to the said Chao Ut Chiu and Pon Kon Shan instead of to the executor of the said Chu Chuen and the Government have offered to return the said payment.
5,853 $13,759.54
53A remaining')
portion Chu 10.9 Chuan....... 53A Section BY
Yiu Chow 41.6 53 Section D
Yiu Chowd 10-The said Yiu Chow died on or about the 21st day of May, 1893, and one Chap Ut Chiu and one Fun Kon Shan are now the owners of the said, Sections B and D, having acquired the same by purchase under an Indenture of Assignment dated the 12th day of September, 1900, from Lo Sam, who was the executrix of one Kwok Kwai," who was the ex- ecutrix of the said Yiu Chàw.
"By virtue of the last mentioned Arriga. meal, which included a conveyance to the said Chan Ut Chiu and Pur Kon Shan of all the estate, right, title and interest of Lo Ab Sam at such executrix as aforesaid of and in the pieces of ground or extension seawards known or registered in the Land Office as the reclamation of Marine Lot No. 534, the said Chan Ut Chiu and Pun Kon Shao became entitled to that portion of the said reclamation to the said Lai which is coloured red in the said plan annexed to the said Articles of Agres hereof." meat, which are referred to in paragraphs
The Chief Justice said that supposing any action was brought it must be brought in the name of the Governor. Speaking not as as official, but as a law officer, the Governor was the right person to enter a plaintiff. The statement was right.
MR, BLADE AGAIN, Counsel for the defence stated that he could reply to all that was said. Where in a deed, he said, the name of an officer appeared,
7. This action is an action brought by the said Chan Ut Chiu and Fan Kon Shan of their an assignment to a man holding certain assignees in the same of the plaintiff upon office, that deed was old. That deed was agreement ad the coats and conduct of this a conveyance to an office which was not a action, the terms of which are to the defendant | corporation. If that was not the case, then e daknown and the plaintiff has no interest in the result of the said action otherwise than as Trustee or Agent for the said Chan Ut Chiu and Pun Kon Shan of one of them or their or one of their assignces.
|
8. In the action of No. 66 of 1903 in the Original Jurisdiction of this Honourable Court between the said Chan Ut Chiu and Pun Kon Shap, plaintiffs, and Chu Ping, the defendent in this action, and Chu Lee, co-executor with the defendant and since deceased, defendant, all the matters in issue in this action were finally decided on the appeal of the defendants in the said 'action No. 66 of 1903 by the judg ment of the Lords of the Judicial Committee of the Privy Council delivered on the roth
There was no
Statute or an Ordinance would have already heen passed, but it was not so. The Goverdor is an office and an individual difficulty in identifying who he may be; but An agreement by him was an agreement bind ing upon the person whom he represented the King.
The Chief Justice—I am not sure be devol ves his power to the Governor,
Mr. Blade-How far?'-
|
Mr. Slade-It is unfair. They are not based pa facts. They are what you hava bean ins...) Tucted to say. You chenot deal with alleged contents or put your own interpretation on the document.
Mr. Pollock-My friend mbat not say that I put my owo interpretation on the document. If so I will read the document.
Mr. Slade-You won't.
Mr. Pollock argood at length that; thà opinion was admissible, as it, showed the in- tentions of the then Governor with regard to these two men-Chu Chuts and Yin Chow
Mr. Slade That's going into the documeat. Mr. Pollock-No, no. (Proceeding, Cha Chuan signed the reclamation agreement. What was the motive of the the Governor in permitting Cha Chues to sign, the agreement? Counsel submitted that the question of motiva was unntarial, it was important to ascertain "the motive which actuated tha: Government in Psmitting Chu Chuen to sign the agreement
Counsel then cited 'ipthorities, and was 'asill - arguing out his point when the Court rose for tiffiu.
After the tiffio interval, Mr. Slade: 'opaned the case for the defence. In order to under stand the case, he said, it was necessary for his Lordship to appreciate the revision of the Land Reclamation Ordinance, and to undemand what happened in rãip. The only quimioa that had to be decided was whether or not the plaintiff was entitled to have a specific perform ance of the agreement of 1903--the supple mentary agreement of 1903, in order also to understand the agreement it was neconsary to go back to the events of 1889, an
Counts hate quotedparts of the Reclamation Ordinance of 1889, which iliustrated the Go- verament's position in the reclamation scheme. Any froninger whose’pime re mentioned in the Schedule and delineated on the plan bad a moral right to enter into the agreement and by that agreemant he had obtained absolute right to land for 999 years, and until the agreement wan signad tba frontager has had nothing more then, a mere moral right,
Mr. Pond, who is in his sixty-sixth year, recently resigned, under medical advice, from the position of Municipal Accountant, after being in the service of the Municipality for ibiry-eight years, He has gone bone with his wife and Miss Pond to enjoy a well sarned rest from the arduous and responsible duties of the Accountant's office. In RC cepting Mr. Pood's resignation the Council took the opportunity to place un record its high sense of appreciation of the manner is which bis duties bad been performed, especially during the past few years, when the growth of the Bettlement rendered those duties moro exacting. The Council released Mr. Poad from the two years for which his agreement had to run and issued him the whole of the sum standing to his credit in the Superannua tion Fund.
In recognition of his long and valuable service, conducted with integrity and unflagging industry, it's further decided to pay to Mr. Food a life pension of £50 per annum Mr. Pond, whose father was an Edinburgh mas, first came to China in 1858 and the went down to the South Sea istands. As a young man he saw a lot of the world, trave ling in the capacity of a supercargo. Retura ing to China he came in hanzhai where in's few years he began business on his own açı count. On April 1, 1871, Mr, Pond catered the emplay of the Shanghai Municipal Council, and he served the community, notil April; 1909. Mr. Pond took great interest in cricket and at one time was Treasurer of the Shanghai Cricket Club. He was also a member of the committee of the Shangbai Club. On Tuesday last Mr. Pond was entertained at a farewell dinner by hi old friends and it is probable that more than one token of the regard with which he was beld in Shanghai will be seat Home to him in the per
Chu Chuen was the frontager of Marive Lot future. Mr. Compton is one of 'Mr. Pond's
53%, and be put forward a claim to be allowed two daughters and this lady is remaining in
a larger portion of the property in front of Shaoghal,
53A that was allotted him in the Schedule Mr. Pond's associations with racing in Sheoga
The Chief Justice-The 'overnor has full published. There was no harm in him'making bai recall some interesting reminiscences. He
power according to the legislature,
the ckim. The schemè he put forward differed in toto from that of the Government. If Yin Joined the Shanghai Race Clubin 1872 and is
4. By Anticles of Agreement, dated the sth
Chow had signified his assent in writing he Consequently one of its oldest members. Very shortly after joining the club he began to take day of October, 1884, (which were axecuted on
would have lost nothing and would have got the whole of the reclamation in front of his so active interest in the sport of racing the 15th day of December, 1889) made between Bruce Shepherd of Victoria aforesaid acting and, though, never having a large stable of
Lot, and Chu Chuen would have got nothing. for and on behalf of the Governor, of Hong his own, he became connected as a jockey and
fustead of that he refused polat blank; to on-- trainer, with some of the principal owners of koog of the one part and the said Chu Chuan
ter into, the agreement Mr. Bruce' Shepherd tried many times to get the man to enter. Taco popies Mr. Pond was a most reliable and of the other part, after reciting that the said Chu Chum was Crowa Lasize of Marine Lot careful rider with excellent judgment, and took his place with the crack jockeys of the No. 53A, remaining portion, and that he fendant and the said Chu Lee, as such exe-
Dispute, paniculars of which were folly pub. Via Chow and Chu Chuen did not love each had acted in contribute the sum of $168,3a6 cutors as aforesaid, were admitted by the
lished in last Monday's issue. It may be remem- other, and the reason the former gave for pot period, including such well-koans and success lol men as the late J. E. Waller, A. Ilbert, C. for the cast of the reclamation in respect Governor of Hongkong into possession of the to. The defendant will submit at the trial bored that H.E. Sir Frederick Lugard, assigning the agreement was that he was pre-
reclamation to the said Lot under two separato. A. L. Dunn, Harry Hutchings, H. S. Bidwell of the auld remaining portion of the said
agreements of that date, one of which related that the statement of claim shows no cause of Governor of the Colony, is entered as plaintiff, pared to wait until Chu Chuen died and then he would buy up the whole properly chasp. A and others. Among the best ponies be alcored 1 was agreed between the said parties 10 to victory on many occasions may be men.
to the reclamation is respect of the remaining action or ground of equitable relief to the plain last Mr. Chu Pigg, a merchant of 313, Des
man, Mr, Slade went go to say, who refused, to tioned Prejud.co, Royalty and Royalist. The
portion of Marine Lot No. 534 and the other tiff and does not sustain a claim for the relief Voux Road West.
The claim, it may be recalled, is for the give his assent in writing lost ali moral claim first-named was a very fine specimen of
of which related to the reclamation in respect prayed for or any part thereol.
specific performance by the defendant of
to the property, THE GOVERNOR'S, POWARS, QUESTIONED.
Agreements dated 17th December, 1889, and the China pocy. He was purchased and
of Sections B. and D, of the anid Lot (which owned originally by "Mr. Fungus" (A. Fer
latter reclamation is in the plan annexed to the
Mr. Slade moved that the action be dismissed | 24th July, 1903, with the Governor, in respect gusou), at sold subsequently to the late Mr.
agreement described as the Prays Reclamation on the ground that the action was brought by of Marine Lot Nor-f3Ar-which lot-it. situated to Marine Lot No. 53A (Eastern portion) and by Alexiader Myborg, and lastly to Mr. Busty (Mr, H. N. Mody of Hongkong); and underall
the said Agreements it was provided that such Sir Frederick Lugard, the Governor, for and on near Tong Hen Lane Hongkong, and is bound- those owners won many races lecluding the St.
letting into possession was subject to the said behalf of the Government of Hongkong. Used on the west by Endicott Lane.
der that title, he said, the plaintiff bad no sight ·Mr. H. E. Pollock, with whom was Mr. H. Articles of Agreement, which are referred to in of action, Taking the Governor as an lo. L. Dennys (of the Crown Solicitor's office)
FOURTIT DAY'S HEARING Leger in 1880, the Shanghai Stakes in the
paragraphs 4 and 5 bereof and were not to dividual the statement of claim does not reduce appeared for the plaintiff Mr. M. W. Slade Autumn of 1880 and both Spring and Autumn
Yesterday records the fourth day's hearing of 1991, the Spring and Automo of 1883, being.
prejudice or be considered a waiver of the right his title of office, The Governor in 1880- and Mr. C. J. Alabaster, instracted by Mr. H. of the huge brought by H.E., the Governor econd and third in the same race in 1882, Fre
andremedies of the Governor thereunder and the the time when the agreements were made-did 1. Gedge (of Messra Johnson, Stokes and against Chu Ping, of 313, Dan Your Kold, for judice also won the Champions at no less than
said Agreement relating to the said reclama
not assigo the agreemable to the present Master) represented the defendant,
the specific performance by the defendant of Chres meetings in succession in 1889, and
tion in respect of Sections B and D of tbs said Governor, Maphs there was a title, but it was
The case was again adjourned, At
the agreement dated 19th December, 1889, 1861, and was second twice--in 1882 and 1833,
Lol was entered into by the Governor slect not to be found on the face of the pleadinge
whereby Chu Chuan (now deceased) agreed to and upon and in consideration of the said. There was no Ordinance in the Colony which
with the Governor, of longkong, for the counle Royalist won the Griffon and Champices in 1891, and Royalty the St. Leger of 5. By Articles of Agreement, aisa dited the executors of the said Chu Chuen signing, which gave the Governor of Hongkong the right of ADMISSIBILITY OF CERTAIN DOCUMENT
deration therein mentioned, either to zasign an they did, the following document, namely, 1891 beside other races. Mr. Pond wat 8th day of October, 1889, (which were executed
action. He was not a corporation, and thera
DIEN KO NUOMA QUESTIONED. Ustva
equitable proportion of the reclamation to Ma closely connected with the stables of Mr, ́on the 19th day of December, 1889) made We, the undersigned, Chu Lee and Chufore had no right of action. In actions against
rine Lot No. 554, or to pay an equivalent, admi Fungur, Mr. Myburgh and Buxey, whots between thuce Shepherd, of Victoris, afores Ping, executors of the will of Chu Choon, do the Government, as provided is the Code, they
In the Supreme Court, last Wednesday, Sir of money to the owner of Sections it and Drof Francis Piggott (Chief Justice) on the bench, the said lot. The plastid also asked for the colours, he carried to victory on many occa-said, acting for and on behalf of the Gover-censed, in consideration of the Agreement an should be brought against the Attorney.
nor of Hongkong of the one part and tered into by us this day with His Excellency General. No correlative authority was given brought by H. E. the Governor against Chu dated 24 July, 1903, for certain declarations, the further bearing, was continued of the issue specific performance of a second" agreement sions. He was elected a steward of the Race Clab in the early nineties and served for the said Chu Chuen of the other part, Sir Henry Arthur Biske, a.c.M.G., on behalf the Attorney-General to act for the Goveroo Ping, of 315 Des Voeux Road, for the specific and for cosLLY several years. He was greatly esteemed by after recliing that the said Chu Chuca wat of the Government of Hongkong for possession and no power was given a Governor to saa on bis colleagues and rendered valuable service is the Crown Lessee" of Mariae Lot No. 534 of the reclamation in front of Marine Lot No. behalf of previous Governor
performance by the defendant of the agreement Mr. M.W. Slade (for the defence) proc kis'capacity of a steward of the club, Mr. and that to had agreed to contribute the 534, described, in the said Agreement as the
dated 19th December, 1889, whereby Cho Chues The Chief Justice-Is this the first action (now deceased) agreed with the Governor of with his address, to the Court, and coul Fond was so intimate friend to the last of the sum of $15,753.54 for the cost of the recta reclamation to Matice Lot No. 53, Easter Governor has ever brought Pandikuttaa, k older members of the Race Club; and the abution ie respect of Sections B and D of the portion, hereby agree wither to assign is quite Mr. Blade think so. I never heard of any toned, olhar to asiga an ngeliable proportion material interest further than what
Hongkong, for the consideration therein men, most of the day, There was nothing Hence of Old Peter" as he was familiarly said Lot, it was agreed between the said parable proportion of the said reclamation or to
dows of the reclamation to Adarins Lot No.534, or to DniWednesday, to mention, and the called by friends, from his accustomed place: ties to the said Articles of Agreement that, upon pay an equivalent in money to the owners of other pop
club room, at the rain during the Irains completion of the portion of the works in the Sections B and D of the said Marine Lot Nomor of Hongkong as 16010 sexprit of Sectious and 1 of the and for the plain it was stated that the issue will ins
Proceeding, Counsel remarked that the words way an aquivalent sum of money to the owners again adjourned, Ing and at the recon, will be falt with much area of reclamation described as Section No.6538, when enchiquitable proportion or come
on the plas deposited in the Land Qios pur persation shall have been ascertain dives 'sion of ordinary language, the same nu tắt tiff also asked for the specide parformance of a” more days, m
the said Articles of Agreement, that, upin com. plation of the portion of the works in the area of reclamation described as Section No. 6 on the plan deposited in the Land Office pursuant to Section 7 of the Praya Reclamation Ordi: Dance, 1889, and upon payment of the whole of the aid sum, the Governor would grant a Crown Lease of all such portion of the reclama tion provided for by the said Ordinance as was delineated on the plan thereto annexed and thereon coloured red for a term of 999 years. The part of the said plan which is coloured red shows that the reclamation apper- icing to the said remaining portion of Marice Lot 53, han area of land which measures 1,526 square feet and extends right through the said reclamation from front to back,
.
11 The said Chu Chuea' died on or about the 25th day of January, 1898, and Probate of nie will wás, oo or about the 7th day of January, 1899, granted to the defendant and to one Chu Lee as the execators thereof.
May, 1905.
9. The plaintiff is estopped by the action and the said judgment from alleging that
Mr. Stade-I submit that is not so,” The proper course is toʻpetition against the King.
Mr. Pollock was addressing the Court when our repart closed.
FURTHER ARGUMENT.
13. On the 24th day of July, 1903, the de. the said Chan Úc Chiu and Pun Kon Shan em, Argoment was continued in the Reclamation into the agreement, but he would not do it.
under the Agreements, in the statement of claim referred to, entitled to any part of the said reclamation.
**
a
Counssi at this junciure dealt at some langth with corespondence relative to the case,
The case contínuom