CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 390

#

i

on 10 beshurt? eit

Ansd *af

But no heOKA: CO BRo able to athrawl art?

„Alarmi „dek sit no bezsvileb new Sami byl. .3001 „dorel 130

sor ve hearten amr dat `V wut fetamin a nut bexas aúnahaster

Atow bew Corgi aquiërsip red histone adó no solZRUL teinD

da a braon sot në curi,hreremyrton OJ VOL 5 Not [solmfond ood

un rid hw ała og beɛogora at mayla but: tnrahter yom nibh eendit or

97. Jabit betienne atishi ter da "quely ab Suk?" fun tonnenGA

„Jondliin A biss Yumakwal Ii vf? A eprosto .5 .7% em tonneand

,000,02% *«vo se vem daw havlovgi aun

Ano

a'food cracza mir. Maabarco a od aproni?anofonsup ele caule woria

Genukaid we thro be of hun dost to anobrass tonnaÏ #10: 16-

A NOT BARO & qffaimane belt

Sara to shin Destrular

#

I ak

abaanné dretes an

Mały dleah render biavo intisanoi Jaeup

.

ve hon tw

- Mentid "onsenɛÀ mud setungi "0% as flore -

tus eft bur (dsvoð erts betsmykus

of aor rumt! T

MUUT OF H

s no sub antelin sot penfa

****10 eit. .040,008% 3/ons,**IR!

9. mo shlen den st

Now Pl

bordimer

.buk

Raw herfoval zura 5. ́t aner 740 :

to slaa alt tsut boxes Tone-

alt meewe motaestioo has bueret itend bed asarid dart (0) Breton- anore a va naw elan vale earla (a) kem (enones10 bra Tonadong

dow!) rosła "aptu:00 allt of anchtaleb siT

.Isysb

(55% arods sit as nom asal sul Celana e tot besige (pat: XY

turn butent to erotame le

Cost to enojšneær sövloade

&

t

LAST A YOUNh clob vidstusvah ed oð yfuegong Holh mint 8 SVA colini tabit t

Brera İn'ð Naw nutut jo abe dalt qndësoibal,moltenkiqjja eda no weert sing ed or anot: 2867 nih dede paintnek hoe work end burada

*

303

to it should be agreed upon between the parties. This could not

be done, and solely for this reason the Chief Justice subsequent-

-ly declined to allow a Jury. The suggestion made by the Chief

Justice was in fact impossible to give affect to, it being

well known that such questions can only usefully be framed

after the hearing of the evidence.

The property in question, the original

value of which had much decreased through general depression in

land sales, was undeveloped. It was intended to be put up to

public auction by the Mortgages, but was withdrawn at the re-

-quest of the Mortgagor, Li Po Yung. It was then offered private-

-ly to various leading individuals and Companies in the Colony

who deal in land but without effect.

A certain Chinaman was then approached (the

defendant to the counter claim) who made an offer of $180,000

which was accepted. This was the best offer received.

The Chinaman then, as an ordinary matter

of business, formed a syndicate to purchase and develop the

property; and some 16 houses were then erected.

The claim to set aside the sale was only

made after the property had been developed and after the pur-

-chaser had entered into a special undertaking with his Mort-

-gagees to provide the necessary funds for the development of

the property.

The charge of fraud and collusion appears

to have been based on the fact that two members of the syndicate

to purchase were in the employ of the Hip On Insurance Co. (the

original mortgagees who sold to Kwok Vik Ling.)

These men, however, between them only

contributed a very small proportion of the total sum, some five

to ten thousand dollars out of the total of nearly three lacS

subscribed to purchase and develop the property.

The case was tried without a Jury, the sale

was set aside and no compensation ordered for the money ex-

-pended

Page 390Page 391