CO129-132 - Sir MacDonnell - 1868 [8-9] — Page 638

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

12.

13.

632

such case the Company every should cause the value of,

reca

and)

во

· pence to be made for, such premises to be enquired of ly as jny. The Company gave noture of 5 their intention to take the pre which they afterwards with douw.

withdrew. The late Lord Abinger, as Counsel for the Confirmy contended that although they might have given notice there a lacus panitulia. The prismit Sad Chief Baron and Baron Channell),

Comsel for the

who then acted as -

ent

11/AO

occupiers, urged upon the Can't that Act in question

under the

the

Company obtained the whole Cenefit of a Cartract for the sale & purchased

of the premises by merely giving notice, and that the Company

were

not al

liberty to withdraw from such contract, and that the native having the effect

of a contract could only be rescuided by back parties. The Court of Queen's Bunch held that the Company having

O ca- pier

pier could)

given notice to an not withdrand from it though they

tai pay offered to

all reason

incurred by him in

Cervo e

able costs

eqrience),

a mandamme to compel

granted) the Company

to

and

Summon) a.

to

puy

enquire the value. Lord Wensleydale

said "The question is, at what period "they (the Company) shall be said to

excercised their option. Now

"have

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