702353-1871-Privy-Council-Appeals-to--Circular- — Page 6

268

THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1871.

[SPECIMEN.]

5

I am aware that the bank is suing on the promissory note for five thousand RECORD. pounds; that transaction went through my hands. The last endorser (Nany In the Dis-

Tamby) gave me the note for the pur- trict Court of pose of discounting, it was brought to Colombo. me before. Nany Tamby brought it to me. Sinne Lebbe Brothers brought it to me. The representative of the firm at Colombo brought it to me.' *

*It is observed that this sheet of sand was formerly the bed of the river, and the portion of land connected with this estate, which was situated to the west of the green colour up.

to the black line, was washed aw y by the river.

10 it was drawn by Sinne Lebbe Brothers,

Nos. 292, 291, 200, 275, 474, 263, 264, 265, 261, 260, 269, 254, 252, 245, 242, 241, 217, 216, 215, and 447.

No. 7. Return of Commission

on 17th

Siune continued.

I cannot say when the note was first brought to me. When it was brought April 1866

and endorsed by the Defendants. Lebbe brought it to the bank for dis- count. I objected to it at that time. I said it was not strong enough, and that he as the maker could not get the money. I suggested that he should get a third name to it. He took it away and brought it back endorsed by Nany Tamby, then reputed to be a very wealthy native.

I discounted the promissory note. I gave the money, five thousand pounds, the full five thousand, to Nany Tamby, by putting it to his credit. I have no recollection of anyone being present on behalf of Sinne Lebbe Brothers when 20 this was done. I advanced this on the security of the names of Defendants and

Nany Tamby.

I never saw Tatham before the bill was discounted.

I had no discussion with him before it was drawn.

I don't remember having said to Mr. Tatham, "I wish you would sign a "promissory note for Sinne Lebbe Brothers." I knew that Mr. Tatham was negotiating a loan of fifty thousand pounds to Sinne Lebbe Brothers. I don't recollect having said to Mr. Tatham, If negociations go on the note will be all right, if not I will make other arrangements. It would have been a temporary affair if the other arrangements had been carried out. If Mr. Tatham had 30 carried out the arrangements by advancing the fifty thousand pounds, the five thousand pounds would have been retired; that is, he would have paid the five thousand pounds to the bank and take up his note.

If the fifty thousand pounds had not been advanced, I should have looked to the parties whose names were on the note for the amount thereof. The note was to be paid in any event.

And the said Francis Wharton Le Marchand being then and there cross- examined by the said Mr. Philbrick on the part of the Defendants, the following were the answers given on such cross-examination:

There was no particular or special arrangement that the note was to be 40 paid in any event.

The firm of Sinne Lebbe and Co. was then largely indebted to the bank, and also to Tatham's firm.

I had many conversation with Tatham as to keeping Sinne Lebbe's firm on foot. The business to be done was very large, and the agency valuable." Whoever lent the money was to have Sinne Lebbe's business. Tatham was interested in keeping Sinne Lebbe's firm on foot. We, as bankers, were applied to for money for that purpose. Several estates belonging to Sinne Lebbe

*