CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 162

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

90.

whatever reliance therefore you may place on the statements made to you must disregard them. The Judge is bound entirely by the Law to dispose of the case litigated before him according to facts deposed to and hereafter to be deposed to in this Supreme Court and the Law of England as applicable to these facts.

That suit was commenced in due form by Q. Petition by Landstein the Plaintiff. A copy of that Petition accompanies this letter, to which your Excellency is referred, marked "A".

This petition contained a statement that Landstein, merchant in Hong Kong, sued the Defendant His Majesty Tu Duc of Annam in his capacity of merchant or Trader. It sets forth an agreement dated the 20th of January 1870 (about four years ago)... entered into between Lai How and Ng Woh, mandarins or agents of His Majesty Tu Duc, and that thereby the steam ship "Commodore" was sold to K.M. Tu Duc for the price of $66,000; that that ship was duly delivered to and accepted by H.M. Tu Duc; and that His Majesty had changed the name of this ship "Commodore" to "Dang Wee" and that under that name that vessel has been used by H.M. Tu Duc for purposes of trade or profit, very frequently with cargoes of merchandise on board for sale.

A copy of the agreement is annexed to the Petition, a Copy thereof marked "A1" accompanies this letter, to which your Excellency is referred.

The petition further alleged the sale and delivery to H.M. Tu Duc of divers merchandise and claims thereon which Landstein alleges not to have been paid for. Annexed to the Petition were two accounts; one being the account in respect of the sale of the "Commodore" on account of which the Plaintiff alleges that a sum of $83,885.13 is now due to him. The other being an account in respect of merchandise and charges on account of which the Plaintiff alleges that a sum of $91,033.09 is due. Copies of these two accounts accompany this letter.

In substance, the Petition states that H.M. Tu Duc has actually received value from Landstein to the total amount...

159

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90. whatever reliance therefore you may place on the statements made to you must disregard them. The Judge is bound entirely by the Law to dispose of the case litigated before him according to facts deposed to and hereafter to be deposed to in this Supreme Court and the Law of England as applicable to these facts. That suit was commenced in due form by Q. Petition by Landstein the Plaintiff. A copy of that Petition accompanies this letter, to which your Excellency is referred, marked "A". This petition contained a statement that Landstein, merchant in Hong Kong, sued the Defendant His Majesty Tu Duc of Annam in his capacity of merchant or Trader. It sets forth an agreement dated the 20th of January 1870 (about four years ago)... entered into between Lai How and Ng Woh, mandarins or agents of His Majesty Tu Duc, and that thereby the steam ship "Commodore" was sold to K.M. Tu Duc for the price of $66,000; that that ship was duly delivered to and accepted by H.M. Tu Duc; and that His Majesty had changed the name of this ship "Commodore" to "Dang Wee" and that under that name that vessel has been used by H.M. Tu Duc for purposes of trade or profit, very frequently with cargoes of merchandise on board for sale. A copy of the agreement is annexed to the Petition, a Copy thereof marked "A1" accompanies this letter, to which your Excellency is referred. The petition further alleged the sale and delivery to H.M. Tu Duc of divers merchandise and claims thereon which Landstein alleges not to have been paid for. Annexed to the Petition were two accounts; one being the account in respect of the sale of the "Commodore" on account of which the Plaintiff alleges that a sum of $83,885.13 is now due to him. The other being an account in respect of merchandise and charges on account of which the Plaintiff alleges that a sum of $91,033.09 is due. Copies of these two accounts accompany this letter. In substance, the Petition states that H.M. Tu Duc has actually received value from Landstein to the total amount... 159
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90. رو 159 whatever reliemee therefore you may place on the statements and repeated in your better the Judge made to you must disregard disregard them Law to dispose of the Ju Duc now entirely and is bound lase by inflexible. off Landetem against His Majesty. litigated before him according to facts deposed to and hereafter to be deposed to in this Supreme Court and the Low off England as applicable to these facto That save or suit was commenced in due form by Q. Petition by handstem the Plaintiff A copy of that Petition accompanies this letter your Excellency is referred. marked A to which a This petition contained & statement that handstin merchant in Long đong oned the Defendant His Majesty In Due the thing of Annam in his capacity of merchant or Trader It sets forth an agreement dated the 20th of Summary of the Christian -ambassadors and nera 1870 ( about four years ago)... entered into between Lai How and Ng woh, mandarino agents of His Majesty Tu Que and that thereby the steam ship Commodore was sold to K. M. Iu Due for the price of $66000 that that ship -Lvao Auly delivered to and accepted by H.M. Su Duc and that His Majesty had changed of this ship Commodore to the "Dang since the name Wee and that under that name that vessel has. been used by H. M. In Due for very frequently been used by the purposes of trade or profit with board for wale. A copy of the agreement. cargoes of merchandise maxed to the Avao ammexec anies this Petition, a Copy there of marked A', accompan letter, to which The Aanre your Excellency is referred. petition further alleged the sale and Adlivery to H. M In Due of divers merchandise and claime thereon which Landsten alleges not to have been paid for Annexed to the Petition were two accomité two accomite one As being the account in respect of the sale of the Commodore on account of which the Planitiff alleges that a oumn of $83885.13 is now due to him The other As being vccount in respect off merchandise and charges on arcemní of which the Planitiff alleges that a amme of $91.033.09. is due Copies of these two accounts are lettes accompanying this In substance the Petition states that H. M. Ju Buc has actually received value from handstain to the total. ament
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90.

رو

159

whatever reliemee therefore you may place on the statements

and repeated in your better the Judge

made to

you

must disregard

disregard them

Law to dispose of the

Ju Duc now

entirely and is bound

lase

by inflexible.

off Landetem against His

Majesty. litigated before him according to facts deposed to and hereafter to be deposed to in this Supreme Court and the Low off England as applicable to these facto

That save or suit was commenced in due form by

Q.

Petition by handstem the Plaintiff

A copy of that Petition accompanies this letter

your Excellency is referred.

marked A to which

a

This petition contained & statement that handstin

merchant in

Long đong

oned the Defendant His Majesty

In Due the thing of Annam in his capacity of merchant or Trader It sets forth an agreement dated the 20th of Summary of the Christian

-ambassadors and

nera

1870 ( about four years ago)...

entered into between Lai How and Ng woh, mandarino

agents of His Majesty Tu Que and that thereby the steam ship Commodore was sold to K. M. Iu

Due

for the price of $66000 that that ship

-Lvao

Auly delivered

to and accepted by H.M. Su Duc and that His Majesty had changed

of this ship Commodore to the

"Dang

since

the name

Wee and that under that name that vessel has.

been used by H. M. In Due for

very frequently been used by the purposes of trade or profit with

board for wale.

A copy of the agreement.

cargoes of merchandise

maxed to the

Avao ammexec

anies this

Petition, a Copy there of marked A', accompan

letter, to which

The

Aanre

your Excellency is referred.

petition further alleged the sale and Adlivery to H. M In Due of divers merchandise and claime thereon which Landsten alleges not to have been paid for

Annexed to the Petition were two accomité

two accomite one As

being the account in respect of the sale of the Commodore on account of which the Planitiff alleges that

a

oumn

of

$83885.13 is now due to him The other As being vccount in respect off merchandise and charges on arcemní of which the Planitiff alleges that a amme of $91.033.09.

is due Copies of these two accounts are

lettes

accompanying this

In substance the Petition states that H. M. Ju Buc has actually received value from handstain to the total.

ament

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