122
Sir Claude MacDonald reports "All right on the 11th instant.'
The British transports remain atWoosung, awaiting final orders.
Viceroy Lui Kung-yi at Nanking is re- ported dangerously ill.
On the 12th inst. we received information from our Canton correspondent that the British Consul at Canton, Mr. B. C. G. Scott, received a cypher message on the 11th from Sir Claud Macdonald, dated Peking, 6th August, saying:-"Our situation here is desperate. In ten days our food supply ends, and unless we are relieved general massacre probable. Chinese offer to escort us to Tientsin, but remembering Cawnpore, we refuse offer. Over two hundred women and children in this Legation."
On the same morning at 11 a.m. Mr. R. M. McWade, U. S. Consul at Canton, also received an authentic cypher from Minister Conger, dated Peking, 6th August, to the following effect: Besieged by Imperial army. Situation desperate. Our loss sixty killed, one hundred wounded. Some sick- ness, but general health prevails. Will hold on indefinitely, whatever the result."
We received late on Tuesday night from H.E. the Governor's Private Secretary and A. D. C. a copy of the following telegram, dated 10th August, which had just been received from the front:-
Believing force about 27 miles from Peking. Little opposition encountered. Men fatigued by the heat."
So much surprise and disgust was ex- pressed locally over the telegraphed state- ment from Shanghai that Mr. Goodnow, the U.S. Consul-General, certain American Mis- sionaries and the Comte de Bezaure, Con- sul-General for France at Shanghai, were opposing the landing of the British troops sent up for the protection of the Foreign Settlements that we thought it desirable to ascertain the truth of the statement. We ac- cordingly wired to Mr. Goodnow on Thursday as follows:-
Reported here that you and American missionaries with Comte de Bezaure. are opposing the landing of British troops.
Is this so ?"
The reply was as follows:
8
Shanghai, 16th August, 4.28 p.m. No, that is one of Bünders. All consuls are working har- moniously. GOODNOW."
* Reference to a correspondent.
SUPREME COURT.
15th August.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR JOHN CARRING- TON, C.M.G. (CHIEF JUSTICE).
BZE FO SHING V. SIT YEE.
THE HONGKONG WEEKLY PRESS AND
| was entered into, dated 12th January, 1900, whereby it was agreed between the plaintiff and the defendant that the defendant should sell to the plaintiff and that the plaintiff should purchase from the defendant for the residue of a term of the crown lease subsisting therein certain messuages and land, ng 45, 47 and 49, Ship Street, at the price of $12,000, it being agreed between the parties that the sum of $500 (a portion of the said $12,000) should be paid as bargain money. Then the plaintiff went on to say that the $500 bar gain money was paid and that the defendant refused to carry out the agreement. The de- fendant by her answer admitted that such an agreement was made, but she said that in the petition the agreement was not fully or suffi- ciently set out, and she relied in her answer upon certain clauses which she alleged were contain- ed in the agreement. In paragraph four of her answer the defendant said it was provided by the agreement that if the sale to the plaintiff should not be completed on or before the 30th January, 1900, the said agreement should be set a ide and a fresh agreement entered into, to be prepared by a solicitor, and that a further sum of $1,000 by way of bargain money should be paid by the plaintiff to the defendant. Then in para. graph five of her answer the defendant relied upon another clause which she alleged existed in the agreement.
(August 18, 1900.
be carried out within a few days, on or before the 30th January, 1900, he thought his Lord- ship would understand that the parties were perfectly ready and willing to let the matter rest upon this Chinese agreement, and it was very natural that there should have been this clause inserted. And it was not perhaps un- reasonable for the defendant to stipulate that a further sum of $1,000 should be paid by way of bargain money. The plaintiff alleged, and he should call evidence in support of his contention, that he attended at the defendant's house about the 28th January, 1900, along with a man called Chai Wah, who was interested in this matter, because the plaintiff had agreed to resell the property to him. The plaintiff then pressed the defendant to complete the purchase and to carry the matter through on or before the end of the Chinese year, but the de. fendant put the matter off by saying there were a great many matters to attend to before the Chinese New Year, and it was only at her ex- press request that the plaintiff consented to let the matter stand over until a few days after the Chinese New Year. Therefore the plaintiff said that the postponement of the completion to a date subsequent to the 30th January, 1900, took place at the express request of the defen. dant, end she could not now turn round and say that they ought to have tendered a deed of She said it was further pro-assignment of the property to her for signs- vided that if on the examination of the title of ture or that they ought to have formally ten- such property it was found that it was under dered to her the sum of $1,000. The plaintiff lease to any person, so that complete possession also called at the defendant's house in Febru- thereof could not be given and obtained, the ary, but found she had gone away. In conse. agreement should be cancelled and the bargain quence he instructed Messrs. Wilkinson and money returned. In paragraph six the defen- Grist to write to Mr. Ewens, thought at that dant said that the purchase and sale was not time to be acting as solicitor for the defen- completed on or before the 30th January, dant. The plaintiff went again to the defen- and no further agreement had been entered dant's house, about a week after that, hav- into, and no further sum had been paid by ing received no answer in the meantime way of bargain money. In paragraph seven from Mr. Ewens. An interpreter from the office the defendant said it was found and it was of Messrs. Wilkinson and Grist accompanied a fact that the property was, on the date of
him. When he got to the defendant's house he the acquisition thereof by the defendant, subject was refused admittance and he heard someone to a lease, so that complete possession thereof in the house call out something to the effect that could not be given to the plaintiff. Then the the defendant had left Hongkong. Acting on defendant went on to allege that she was ready the instructions of the plaintiff, Messrs. and willing to return the sum of $500 paid by Wilkinson and Grist wrote the defendant the plaintiff by way of bargain money, and asking for a specific performance of her con- she had paid that into court and said that that tract. and that letter was answered by a letter was quite sufficient to satisfy any claim which from Mr. Reece on behalf of the defendant, the plaintiff might have herein. In his replica- dated March 1st, 1900. Paragraph five of tion the plaintiff denied that the provisions of the answer said it was further provided that the agreement were such as were set out in if on an examination of the title the pro- paragraphs four and five of the answer, and in perty was found to be under-leased so that particular denied that the agreement contained complete possession thereof any provision as to any fresh agreement of given and obtained, such agreement could be purchase or sale being entered into, and cancelled and the bargain money returned. In he said that the only provision in the the first place the plaintiff said in regard to agreement for the setting aside or
that defence that there was not a single word celling it was contained in the words "if it is
in the agreement concerning any examination found that there is a lease to other people the of the title. He further said that there was bargain money originally paid shall be handed
no provision in the agreement which said that back." The plaintiff said that those words were if it was found that there was a lease the agres- inserted in the agreement, as the defendant well ment should be cancelled. What the agreement knew, for the plaintiff's sole benefit; if the re-
said was this, that if it was found that there presentation which the defendant made to the
was a lease of the property to other people the plaintiff prior to signing the agreement, to the hargain money originally paid should be handed affect that there was no lease to the pre- mises, turned out to be untrue, the plaintiff might have the option, if he chose to exercise it, of cancelling the agreement and demanding that the bargain money should be handed back. He denied that such agreement con. tained any provision authorising the defen. dant to set aside the agreement, and that the agreement contained
can-
con-
no reference to any examination of the title. The defendant alleged In this case the plaintiff is a trader, and car- that there were words in the agreement which ries on business as a foreign goods dealer at No. lent themselves to the construction that if the or before 265, Queen's Road Central, the defendant being agreement was not completed on a widow residing at 30, Albany Street, Wan- the 30th January, 1900, a fresh agreement chai. The claim is for specific performance of should be entered into between the parties. an agreement dated the 12th day of January. He submitted to his Lordship with 1900, for the Bale by the defendant to the plain-fidence that the agreement could not possibly tiff of three houses, Nos. 45, 47, and 49, Ship bear that construction, and that there were no Street.
words in the agreement which were capable of bearing that meaning. The provision which it was alleged bore this construction had reference simply and solely to an extension of the term for completing the contract and to nothing else, He submitted that the intention which the parties had in their minds when this clause was userted was perfectly clear upon the face of the clause and the agreement itself. His Lordship would bear in mind that this agreement bore date 12th January, 1900. If the agreement were to
Mr. H. E. Pollock,__ Q.C (instructed by Messrs. Wilkinson and Grist), appeared for the plaintiff and Mr. J. J. Francis, Q.C., and Mr. M. W. Slade (instructed by Mr. Bowley) for the defendant.
Mr. Pollock said he would just state shortly the nature of the claim and defence and what was alleged in the replication. His Lordship would see from the petition, in paragraph three, that the plaintiff said that an agreement
back.
could not be
The evidence for the plaintiff was then pro. ceeded with.
Owing to the illness of the Court interpreter, the further hearing was adjourned until the
23rd inst.
The Foochow Daily Echo of the 4th inst. draws attention to a Consular Notification issued on the 2nd inst. by Mr. Playfair, publishing a message from H. B. M. Consul at Shanghai with regard to the safety of the Peking Legation inmates on the 18th ult. The Echo also contains the following items:-From Kuliang we learn that tigers are beginning to make their appear- Three have been seen. One walked off ance. with a dog from the farm below Mr. Popoff's bungalow on Monday night, and it is reported that an old native woman was seized and carried off from a farm about two miles away on the Doong Liang road on Thursday night.-A prise presented to the Foochow Gun Club by Mrs. Lay was won by Mr. J. C. Oswald, after shooting off two ties. A presetation was made on the 1st inst. by the Club to Mr. L. Howell in commemoration of his making the highest pos sible score in two Cup matches against Shang- hai.
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