January 5, 1898.]
of a synagogue, Mr. Belilios never acted in any, other capacity than trustee for the Jewish com- munity. He applied to the Government for the site on behalf of the Jewish community and he applied for the identical land embraced in the original lots 1,216 and 1.217. Messrs. Leigh and Orange's report and Mr. Danby's letter showed clearly that the site was the whole of the land and not part of it. If Mr. Belilios was not acting on behalf of the Jewish com- munity why did he communicate with Mr. Silas as to what he was doing or as to what was done? Counsel referred to the letter in which Mr. Be- lilios said that "if the community would like to take it over he will be glad to hand it ever upon being reimbursed the cost and interest, otherwise he will keep it himself." Was that a letter a man would write when offering a piece of land for sale? Was that the way anyone would express himself who was buying a piece of land for himself and intended to offer a portion to a friend? If he had purchased the ground for himself he would have written, "If within a reasonable time you would like to buy a portion of it for the Jewish community I will let yon have it at the purchasing price." Counsel contended that his Lordship must declare Mr. Belilios a trustee for the Jewish community. The report which the three unofficial trustees, one of whom was Mr Belilios, forwarded to Mr. Jacob Sassoon in 1893 showed emphatically that the ground which it was intended to purchase for the site was the whole of the particular lot in question. If Mr. Belilios had at that time applied for the ground for himself and with the intention of selling it to the Jewish community for the pur- poses of a synagogue-if he had then altered his position with respect to the community--it was his business clearly to have informed them. But he had said emphatically that he did not in- form a single member of the community or of the Committee of his intentions with regard to the land or anything connected with it, and the only way in which he suggests they could have known anything about his intentions through a communication to Mr. Bell-Irving, the Chairman of the Land Investment Company, and which he suggests was seen by Mr. Ezekiel, who communicated the contents to the o.her members of the Jewish community. Mr. Belilios assumed that Mr. Ezekiel was such a leaking vessel that he must have communicated what he saw in the letter--which really referred to a quarrel with Mr. Danby-to the Jewish community.
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CHINA OVERLAND TRADE REPORT.
in his mind, he had betrayed the confidence of the trustees in inviting them to attend in order to prevent outside competition and to enable him to get the property at a cheaper rate than he would otherwise have got it. If that was the case he so acted in order to lead the public who attended the sale to believe that the pur- chase was made for the synagogue and to let them see that Mr. Raymond, Mr. Ezekiel, Mr. Sassoon, and Mr. Belilios himself were on the ground, and that the lot was wanted for the purposes of a synagogue. Counsel refused to believe Mr. Bollios's statement in the box that he purchased the ground for himself. It would be a dishonour and a discredit to himself should it turn out to be true. In inviting the trustees to be present in order to prevent outside competition Mr. Belilios was doing a discreditable action if he was not at that time deliberately intending to purchase that ground for the Jewish com- munity. if he was not there as a representative of the Jewish community. Counsel refused to take Mr. Belilios's word, as it would be an injury to bis character and reputation. Mr. Belilios had made a mistake. It was true the other trustees did not attend the sale, but their nou-attendance was the result of enquiries made. By his conduct, by his letter, by bis position on the Committee, Mr. Belilios put the trustees off their guard and prevented them from taking any means for securing the land. His conduct in connection with the im- mediate sale and purchase of the land and the letter were alone sufficient to justify the Court in declaring him a constructive trustee for the Jewish community. Counsel further submitted that up to the end of July, after the actual pur- chase by Mr. Belilios of Inland Lot 1,381, there was not a trace in the correspondence or the evidence of anything whatever in the nature of an agreement or contract either of sale or of any other description whatever between Mr. Belilios and his co-trustees. The latter were inert in all respects. They left Mr. Belilies the sole active agent in the purchase of the lot, and knowing that and believing that he was going to represent them at the sale and pur- chase of the lot for them, they refrained from attending the sale or bidding for the lot or in- structing any other person to bid. No possible relationship could have existed either inlaw or in equity between Mr. Belilios and the Jewish community up to the 31st July, except that of agent, representative, and trustee. There was absolutely no suggestion of a contract. There was nothing whatever that could afford the faint- est foundation for an application to the Court to enforce a contract by the remedy of specific performance or in respect of which damages could be claimed. What was a trust ? It was defined by Lewin. It was a confidence-not necessarily a confidence expressly reposed by documents and the evidence that when Mr. one party in another, for it may be raised by Belilios, through Mr. Danby, applied for the implication--it is a confidence as distinguished Crown land between the nullah and the from jus in re or jus ad rem, for it is neither a tramway to be put up for public sale he was legal property nor a legal right." There was no acting as the agent for and representative of contract of any description between Mr. Belilios the Jewish community and of the committee of and the Jewish community with reference to the which he was a member and which was land which could be enforced by any action. appointed for the purpose of making arrange-He had simply told them that he, being one of ments for the erection of a synagogue. Mr. Danby had said that when applying for the land he meant the whole of the land between Macdonnell Road and Kennedy Road, but the particular lots put up were the old lots 1,216 and 1,217 with one or two additions. Counsel for the defendant had drawn attention to the fact that the special conditions provided for the erection of only houses known as the European class.
At this point the Court adjourned.
31st December.
was
Mr. Francis, continuing his argument, said he had endeavoured to demonstrate from the
His Lordship remarked that he did not place
much importance on that,
Mr. Francis said it was not important, but he would like to say that there were only two classes of dwellings in the colony-European and Chinese. A synagogue was not a Chinese pagoda, but was distinctly within the limit of buildings described as of the European class. Counsel, referred to the letter in which Mr. Belilios notified the date of the sale of the ground and hoped, that the other trustees would be present in order that there might be no out- side competition, as other people had their eyes on the lot. There could be no doubt that that land was the whole of the particular land in question and that it was the site for the synagogue. If Mr. Belilios intended to erect private villas on that site, if he had such ideas'
"
the trustees, was going to buy the land for a. synagogue. It was emphatically a confidence reposed in Mr. Belilios by the Jewish commun- ity, and reposing that confidence in him they permitted him, unopposed, to purchase the land, believing that he was purchasing it for them and reposing the utmost trust and confidence in him. It was as clearly a trut as it was possible for any transaction of the sort to be, and it complied with the definition of what a trust was. Che date of the letter in which Mr. Belilios of Counsel submitted that since the 8th March, fered only a portion of the site for the synagogue, Mr. Belilios had attempted to squeeze all be could out of the Jewish community, while the Jewish community had done all they could to satisfy Mrs Belilios's desires in the interests of peace.
In conclusion, counsel quoted several cases and then thanked his Lord. ship for the very patient attention he had paid to both counsel during the progress of the case.
His Lordship said the case was an extremely difficult one and he would give a written judg. ment. He thanked counsel on both sides for their clear and able arguments in the case.
Mr. Francis asked his Lordship to consider his judgment before plunging into the numerous cases that were already awaiting decision, a
both parties were very anxious to know what was to be done with the property.
His Lordship intimated that he would give judgment in the course of a few days.
The court then adjourned.
LOCAL AND DISTRICT EVENTS, 1897.
JANUARY.
1st-Taikoo athletic sports-Dreadful fatality at Shanghai; Mrs. Brumfield accidentally burnt to death.-Dr. J. W. Carrington, Chief Justice of Hongkong, received the honour of knighthood,
2nd-Captain Chapman, on behalf of Hongkong
Volunteer Corps, congratulated Major Sir. John Carrington (Commandant) on the honour of knighthood conferred upon him. 4th-Supreme Court officials congratulated Sir
John Carrington (Chief Justice). 5th-1rial of Mrs. Carew for murdering her
husband commenced at Yokohama. 6th-Amoy Races.
7th-Amoy Races.-Inhabitants of Kowloon resolved to petition the Government to es- tablish a school in that district. 8th Arlo Races Armed robbery at 31,
Winglok Street; no arrests. 9th-Mrs. F. H. May gave her annual New Year entertainment to children at Central Police Station.
10th-Mr. H. E. Pollock's yacht Active sunk
in the harbour; raised on the 11th. 11th-Mr. Lowder, Mrs. Carew's counsel, charged Miss Jacob, the nurse, with the murder of Mr. Carew.-Death of the Empress- Dowager of Japan.
12th-Fire on the Fausang.-Coroner's jury found that a German sailor of the Arcona, who was found insensible at the Happy Valley, died from a blow inflicted by a comrade named Meilens. The leading merchants of Canton resolved to petition the Viceroy and the Governor respecting the inconvenience re- sulting from the new postal law. 14th-Suicide of Corporal Bates, of the Royal
Engineers, at Wellington Barracks. 16th-Local examination of the London Col- lege of Music held at the City Hall.-Smok- ing concert at Kowloon by Dock Detachment of the Hongkong Volunteer Corps. 18th-The Bar congratulated Sir John Carring- ton (Chief Justice) on his receiving the honour of knighthood.Fire at 138, Jervois Street.
-Severe earthquake at Foochow 20th-Lecture by His Excellency the Governor, Sir Willian Robinson, on Charles Dickens. 21st-Prize distribution at Diocesan School
and Orphanage,
22nd-St. George's ball at City Hall.-Distri- bution of prizes by His Excellency the Go- vernor at Queen's College. 25th-Burns concert at City Hall. 26th The Echigo-Maru impaled by the H.M.S.
Narcissus in Chemulpo Harbour. 27th-Armed robbery at 115, Praya West. 29th Annual meeting of seatholders in St.
John's Cathedral. 30th-Military concert at the City Hall.-Boat
accident near Foochow; 104 lives lost.
FEBRUARY.'
·
1st-Organ recital by Mr. A. G. Ward at St. John's Cathedral.-Resolved by a Committee appointed by the Governor to open an Indian Famine Fund in Hongkong.-Mrs. Carew sentenced to death at Yokohama for murdering her husband.
2nd- 64-pounder competition by Hongkong 3rd-Fire in the French Concession, Shanghai, Volunteer Corps.-Fire at 213, Praya West. 4th-The sentence on Mrs. Carew commuted to penal servitude for life. Agreement signed at Peking by which the Chinese Government consented to open the West River to foreign trade and steamer navigation. 5th-bliss Jacob, who was accused of the murder of Mr. Carew, at Yokohama, was discharged, the charge being withdrawn. 6th-Admiral Sir Alexander Buller and Lady Buller gave au "at home on board H.M.8.
Centurion.
10th-A Russian engineer fined $300 for trespassing in Hongham fort.- Hongkong Volunteer Corps dance at City Hall.-West Yorkshire Regimental sports at Happy Valley.
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