CO129-106 - Acting Governor Mercer - 1865 [8-9] — Page 350

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BONDS AND DEED OF ASSIGNMENT FOR SIGNATURE.

In consideration of the witholding of the execution of a writ of Capias ad respondendum against me in the action KEMPNER . HOEY in the Supreme Court of Hongkong, I Henry Edward Hoey do hereby assign to the Registrar or Acting Registrar for the time being of the Supreme Court of Hongkong and his Assigns those two pieces of Ground situate in Victoria Hongkong being Inland Lots Nos. and for all my interest therein. To hold the saune interest for me until final judgment shall be entered in the said action, and then if such judgment shall be for the Plaintiff, in trust out of the proceeds thereof by sale or otherwise to pay such portion of the judgment debt as shall be unpaid, and after the discharge of the said judgment debt in trust for me my executors administrators and assigns. In witness whereof I have hereunder set my hand and seal this twenty-fifth day of April A.D). 1663.

Signed, sealed, and delivered

"in the presence of.

MESSRS FLETCHER & Co.,

Shanghai.

HONGKONG, April 25, 1863.

DEAR SIRS,

Mr. Kingsmill of this place and also Mr. John Cahill holding you security for me in the action KEMPNER V. HOEY, in which I am now threatened with arrest,This is to authorize and direct you from the receipt hereof to hold the sum of Ten Thousand Dollars to the order of Henry Kingsmill, Esq., of this place, Barrister at law, until you shall have either honored such order or shall be discharged therefrom by the said Henry Kingsmill, Esq., but in the meantime the interest on my deposit in your books is to be paid to me,

I remain, Dear Sirs,

Yours truly,

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EXTRACTS FROM THE CORRESPONDENCE REFERRED TO.

Extract from Mr. Kingsmill's letter to Mr. Hoey, dated 12th March, 1863.

"The Judge gave it as his opinion that you must lose the appeal."

Extract from Mr. Kingsmill's letter to Mr. Hoey, dated 16th April, 1863.

"In compliance with your request I herewith enclose my bill of costs in

'your appeal case versus Kempner. To the amount of this bill (viz. $874.75)

'you will please add the sum of $300 advanced you a few days since by bank

cheque."

Extract from Mr. Kingsmill's letter to Mr. Hoey, dated

25th April, 1863, (Saturday Night.)

"The enclosed two bonds, and Deed of assignment, which I have just "written, are for $10,000 each, you will please sign in the presence of witness "and return them per bearer."

Extract from Mr. Kingsmill's to Mr. Hoey, dated

26th April, 1863, (Sunday Morning.)

"Pray don't forget to leave with Mr. Cahill to be given to me the Deeds of the Taiping Shan property, and above all the lease to Achune as without "it I can do nothing against him. You will remember I gave them all back "to you.

I was engaged about your affairs to a late hour last night, and had "much anxiety on your account. I am quite knocked up to-day and unable " to leave

my bed."

Extract from Mr. Kingsmill's letter to a Friend, dated 12th May, 1868.

"Mr. Hoey left very suddenly for Europe by the French Mail Steamer of

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