Sessional_Paper_1886-1887 — Page 526

34

APPENDIX TO REPORT FROM THE LAND COMMISSION OF 1886-87.

Pleadings were ordered in this case, and a petition was filed setting out that LEUNG KWONG CHI died intestate on or about the 22nd September, 1868, at Aplichau, that letters of administration were granted to the Official Admin- istrator on the 14th January, 1886, that LEUNG KWONG CHI was at the time of his death possessed (inter alia) of a essuage and premises being No. 64 situate on Aplichau Marine Lot No. 7, and that the defendant after the death of LEUNG KWONG CHI entered into possession of the house and premises and refuses to give them up. The plaintiff then prays that the defendant may be ordered to give possession to him of the house and premises, and that he may be ordered to pay $198 mesne profits.

The defendant denied that any such person as LEUNG KWONG CHI lived or died at Aplichau in the Colony of Hongkong, or that any person of that name was possessed of the premises in question. He also said that he had been in possession of the said premises since 12th February, 1886, as tenant of Moк CHEUNG the rightful owner thereof.

Mr. EwENS appeared for the plaintiff, and Mr. CALDWELL for the defendant; but the real defendant as was announced at the hearing, is Mox CHEUNG. The plaintiff's solicitor could not fix the time when the defendant Ho YUNG entered into possession after the death of LEUNG KWONG CHI.

The case for the plaintiff is that LEUNG KWONG CHI had certain lands, Inland Lot No. 19 and Marine Lot No. 7 iu Aplichau, and that he lived there and carried on a trade as a rope and sail maker till 1868, when he died from the result of an accident at the age of 61. It was alleged that the title deeds had been lost or taken possession of by some of his partners, and his wife named LAU CHUK YEE lived in the country at Nam Tau, and being ignorant of English law and usages, although she knew of the existence of the property, had taken no step till last year to recover it. She and an alleged adopted son, named LEUNG FUK YAM, are admittedly the persons who would benefit by these proceedings, as the real son of the widow and the deceased, named LEUNG HI KWAN, has not been heard of since 1869, and is supposed to be dead or to have emigrated-having disappeared from Apliehau about that time after collecting debts due to his father. The mother admits this and says she got some of the money collected.

The adopted son, LEUNG FUE YAM, is said to have been of surname CHAN, and was adopted as the son of a concu- bine named LAI, who lived with the deceased as his so called second wife, the first or lawful wife, as is generally the custom here, living at her native village, and only periodically visiting Aplichau where her husband lived.

15

LAU CHUK YEE, the widow of the deceased, says she married her husband under the name of LEUNG KWONG CHI, that he was called LEUNG SUI WA also, and that he was also called MANG WAI, or blind AWAI. She says he was also called WAI KUN (she means WAI KIN no doubt). They were married 43 years ago, and she did not come to Aplichau till 5 years after the marriage, although the concubine LAI went with the husband. One or two years after the marriage the husband told her about the Aplichau property and the title deeds. The witness admitted in cross-examination that she had given the name of LEUNG CHI KWONG to Mr. CALDWELL instead of LEUNG KWONG CHI, for it appears that she had gone to him in the first instance, when she came from the country to seek her rights. She was told of them by some woman, who took her to Taipingshan, where she found some one who took her to the lawyers, she says.

LEUNG FUK YAM said he was the adopted son that he and HI KWAN were present at the death of LEUNG KWONG CHI, as they lived with him and the "small mother." He says that the partnership between his father and others was dissolved before his father's death. He says the father was also called HIN WA and WAI KIN (

that he had seen him write, and witness being asked to write "Wai" wrote it thus as did Luм CHIU TIN, another witness called by the plaintiff.

"

LUM CHIU TIN says he is 39 years of age, says that he knew KwONG CHI, and was present when he died. He says the deceased was in partnership with CHEUNG A-TING and others, and that the business was called LEUNG HOP LI, but that before the death of KWONG CHI or MANG WAI the business was burnt down, and that no business was carried on

after that. He also stated that HI KWAN, the son, collected the father's debts.

LAU CHIU CHI, 33 years of age, knew LEUNG KWONG CHI as having a rope shop at Aplichau, and trading under LEUNG HOF LI.

Mr. BRUCE SHEPHERD produced the counterparts of the two Crown leases dated 16th March, 1866. One for Marine Lot No. 7, Aplichau, granted to LEUNG KWONG CHI ( * ), and one for Inland Lot 19 granted to LEUNG KWONG CHI. He also produced the papers connected with the sale of these lands, from which it appears that Marine Lot No. 7, Aplichau, consisted of 3,600 square feet and was sold for $5, rental $7.92 per annum, on the 3rd or 4th January, 1861, and Inland Lot 19 of 4,000 was fixed at $39 as the price, and at a reserved rent of $6.60 per annum.

It appears that a notice was issued by the Government that squatters who had held licenses from the Registrar General might have the cption of buying the lots on which they had squatted at a price to be fixed by the Surveyor