1927-05-13 — Page 12

ZUT IHT

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52008

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HONG KONG, FRIDAY, MAY 13, 1927,

PLAINTIFF'S DENIALS.

Knowledge of Mortgage Procedure.

PROPOSED SETTLEMENTS.

Plaintiff also denied this. Regarding the proposal of Loo Lim-yuk that the trustees should sell the property and divide it be

tween the seventeen beneficiaries

This document was alleged to have been signed when the settle- ment already referred to went through.

Plaintiff further stated in cross- aa and when it was sold, counsel examination that he had not the put it to plaintiff that he and the, slightest idea of the nature of group of brothers with whom he documents he had signed in the was associated opposed this be offices of Messrs. Wilkinson and The cross-examination of the cause of the delay and because Grist. He had been told that the first plaintiff (Lou Kwong-lam) they wanted ready money. six younger brothers would get by Mr. F. C. Jenkin continued at Plaintiff replied that his bro-the block of six houses in question; the Supreme Court to-day in the thers opposed it but he did between them. case in which two brothers claim not. He also had no knowledge of the annulment of a mortgage on his brothers having proposed to the property of their deceased take over all the properties and father on the grounds that they mortgage them, rafting the money were "Infants" at the time of its and paying over to the trustees execution and that it is prejudi-for the other brothers' shares. rial to their Interests.

The case is proceeding.

CHISEL CAUSES ARREST.

Arrested in Queen's Road East at one o'clock this morn ing when a chisel head was found in his possession, a Chi- nese appeared before Mr. R. E. Lindsell charged with being suspicious character.

&

Mr. Eldon Potter, .K.C. (in-

Earlier Evidence, structed by Mr. D. L. Strellett),|

The first plaintiff was cross- together with Mr. H. G. Sheldon, examined by Mr. E. C. Jenkin were for the plaintiffs; Mr. F. Cyesterday afternoon, counsel aug- The accused at first said he enkin instructed by Mr. G. G. N.gesting that plaintiff had squan- was a carpenter and used the Tinson, of Johnson Stokes and dered the whole of the Mache instrument in the course of his Master) was for the defendants. estate left to him by his father work.

First plaintiff said in reply to land that he was now living on The Magistrate could not un- questions that the first time he the charity of his brother. Plain-derstand why an honest carpen- had heard of the period of the tiff denied that he was living on ter should be roaming the mortgage was in the course of the charity of his brother and said streets at 1 a.m., so the accused fcorrespondence with his brother that with regard to the Macao made a clean 'breast of it and

(the second plaintiff).

estate he had disposed of it.

admitted that he was a banishee: Mr. Jenkin; I put it to you that Witness admitted that he had He said he returned because he that is false and that you knew been

receiving $100 u wanted to emigrate to Sanda-

of the period and all about the month from the "Society | kán, |-- mortgage from the very first.

Witness denied this.

which had been formed, According to Sub-Inspector controlled by the elder brothers, Vincent, the nccused Was Counsel also put it to plaintiff for the purpose of administering banished for five years in Febr- that he knew that the mortgagees certain of the deceased father's uary this year after serving two had power to sell the property if property. Plaintiff had not heard terms in jail for opium offences. the debt was not paid, also that until the institution of the present He had returned in less than they had the right to take pos-proceedings of the alleged exist two months' time. session of the property and collect |

of a document signed in For loitering the accused re-] the rents, following failure to pay favour of the trustees which ceived three months' jail, and a Plaintiff denied this and said stated that plaintiff would have further nine months for return- that the first he knew of it was no further claim against them.ing from banishment. when the mortgagees actually did this.

"Infancy" Effect Explained. Plaintiff continued that the first time that the effect of the "in- fancy" of he and his brother was fully explained and the de tails of the mortgage given was. when they consulted the late Mr. Lyson, solicitor, Mr. Lyson told them that as they were "infants" in English law, the agreement was not binding.

Various proposed solutions that

List of ships expected to be in wireless-communication with Hong counsel alleged had been made

Kong to-day:

from time to time between the

Laisang. Daviken, Norviken, Antung. Tjikarang, Kashmir, Chin-brothers in the matter of the dis- hua, Carnarvonshire, Nellore, Chemer, Ranella, Seochow, Fooksang, Bandoeny Maru, Fushimi Maru, Rcko Maru, Meiko Maru, Svale.

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puted property were put to the plaintiff, who stated that he re- membered certain of the pro- posals but not in detail.

Counsel stated that the first sugrested form of settlement was that the property should be divided into seventeen equal

shares, each of the brothers to take one and that in connection with this proposal, Sung and Leung Wing-cheung were to value the property. In the event of that being accepted, the action started by the junior brothers was to be (withdrawn.

Another proposal, continued counsel, was that the property should be divided into seventeen Empress of Canada.shares and eight of them were to be handed over to the four junior brothers and the third, fifth, twenty-fifth

13

4. p.m.

14

Kashmir.

Tjiliwong Kuaming Carnarvonshir

10 a.. 10.30 a.. 3.80 p.m. p.m.

to dis Siberia Maru. Anking .. Chung King MAY

Klangs- Kaijo Maru .. MAYASAN

Fushimi Moru

5.p.. 5. p.m.

800.8..

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Laf Sang. Kwangse Soochow

MAYA

Hai Chin

bearing vessel's: nämə onl

brothers.

and

29th

Plaintiff said he remembered his brother having mentioned

something about it.

Question of Release.

cross-

In reply to further examination, witness said that he first heard that there was a re- lease given to the trustees, nt the institution of these proceedings. | Plaintiff · denied that Loo Lim-

yuk'a solicitor had told him that He had sent along a draft release. Mr. Jenkin: 1 put it to you that you had signed drafts of that re

¡ence

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lease, that you well knew that a Bookbinders. release was required and that you knew the purpose for which it was required..

Plaintiff denied this.

Counsel put it to plaintiff that

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