CO129-128 - Public Offices & Others - 1867 — Page 129

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

'

127

following extract from his letter under date December 27th addressed to his partner Mr Lyall

... he

says

had a

As I told you

last I my

· long chat with Paunceforte, the Attorney General, & his great idea was that Kayser of Kaye should be kept quiet here, so as to give every

chance at home, as so much depended upon that _ Pollard, who was " consulted two or three days after "the mail left by the two above

" mentioned Bankers, came to talk The matter over in a

friendly way

" and see what could be arranged, "so that these two Banks might say) they had made satisfactory arrange "ments with Lyall thee & C "Founceforte & Pollard eventually

" came to the conclusion that the

#

best thing that could be done would

be to give these two Banks a lien

"

on such property as I could m

" muster up

The two lawyers both

"considered that Kayser & Kaye were prst

of

entitled, the one legally the other morally, to be satisfied even at the expense of other Creditors, hereafter; and if things

came to

the worst, & if the document which I " have signed is proved to be illegal' by the other Creditors, as to all intents & purposes we were insolvent at the time, then "Kayser & Khaye have no advantage, & would not retain their bien. Kayser is supposed to " hold his as security for acceptance of the "drafts by Chalmers Guthrie 760. I havring "been unable to give documents, &f Kaye, for balance of account; in both cases hard.

having been paid one in

cash

one in consideration.

of my promising to do something which

"

" afterwards I was

was unable to

carry

outr

Messrs Lyall Thee 86 ? stood in the relation

?

Assignors in trust to the Manchester forms and

on this part of the case, judicial proceedings have taken place in order to establish the len on the goods by the Manchester firms, which

having proved unsuccessful steps are now being taken to appeal against the verdict to the Privy Council. ToThis brings

us to that stage where Lyall

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