round which shall not be obstructed by howes in the eho object i to acquire, Race, Cours, the view feutre, and on which there be shall no driviag—it being Smpostible to Keep turf on a cours that is driven on,"
It further states—
"+3L, B, BIN. Consul took up the matter warmly, avd to aitee are indebted fr the success Chat lig sixty fet wide, with di forayes removed, and arrangement made that the entre shall roma Present state, and no mero onses be bulls upon it"
'And by way of fixing proof and notice of this object' and reason on the Recreation Fund Committee and Shareholders, they point out that most if not all their Shareholders, were Shareholders in the Recreation Fund, that generally two Race Club Shareholders and Stewards were on the Committee of the Recrention Fund.
"They therefore allege notice to this extent at least to the Recreation Fund Shareholders and to their Trustees.
'Tt appears also in proof of these assertions that their Secretary, Mr. Fogg, wrote aletter, dated May 3rd, 1861, to Mr. 'Medhurst, the then Consul, of which' the following is am extract oustirehish tsi tobe toed ha te conte othe As however it iseswential Sri contemplating the par-Bole sould never be haile apon, f would suggest that fitlier we be allowed to buy the whole of the interior of jrcle, or the far preferable pan, that we secure by ment to vie owners ofthe Tand, that here-inge be erected thereon, but they to retain jovsesion of the Inud for agricultural purpose only."
Te was accordingly so arranged.
In accordance with their plan, the present iment entered into with the Proprietors of the Race Course was bought, and an agree-
Tand in the inside of the Course, for good and valuable consideration, that they should not sell their land to any one but the Race Club, and that they should not build on it. This stipulation took the form of a guarantee or tindertaking—it was assented to by the Pro-preters and signed by them—the considera. tion money was paid—viz. $1 a mow for 466 mow—and the Race Club contend that this is am equity attaching to the laud into whosoever's hands or possession it should hereafter come.
The undertaking is in these words. It is Bond (or undertaking) given in obolicnce to to 9 and 3 dlsrict, and the several Propristons (whose We, Wang Mino-chin and Yao Kwel-fang, Tipacs of 'Bamies are hereunto subscribed) have as th duty bound provered and now present thie formal undertaking' Une English Consul "is regards the area within the cine of the New Race Ccourao¥ro have bean norited by the Chuncse authorities {hat up part ofthe Land isto Be let either to. Chinese otto Foreigeers abd that, we ourscivea are not 10 be llewed to erect buildings on it, ad that if hereafe we cairo to lease it, we are only Permitted to leas to the ace Club, Now we each of ws undertake that we Will bop these instructions, and will not dare to. disobey, foam conformity thorovith weigh this gui der: The area of above is 408 mow, November 180. he order and receipt for the 430 mow is couched in these terms Shanghat, Nov. 20h, 1862.
Ser Ropect!—being i conitertion of bond that no bauding shall be ever erect in the centre of the New Goune, say on mow 460-068 $100 Mex.
The Aderigned Tipaos and Amistant Tipaon, for emeees aad the several Erupretregocerned 8 4 paca, Smowledge to have received from the. English Consul the stra of $406 as a gratuity, over and abore the Dice of the Toco' Com (Gros the circle or the Course proper) which has been coely asd la fi for thie and not to lease sare to the Race lat.) Hate in coming taiga the undertaking (not to build genuine Receipt Note, 2st Nov, "801, (Cigned. by five Tipaos)
Mr, James Hogg, who was the Secretary of the Race Club, negotiated the purchase of the land and the giving and receipt of the undertaking. He was at this time a Recreation Fund Proprietor. The Race Club books shew the payment for the land bought, as well as the ponent of $466 for the undertaking.
Finding, as has been mentioned, that the village la the interior interfered with the view, the Race Club found themselves under the necessity of buying it, for the purpose of pulling down the houses, and they accordingly instructed their Secretary to negotiate for and purchase this village which was done in 1862, for the sum of 9,400 odd taels. The evidence in support of these assertions, are the title deed of the Race Course, the unidertaking of the Proprietors of the land in the interior, and their receipt forthe money, the Proclamation of the authorities, and the Deed of Sale of the 30 mow, with a letter from the Vice-Consul, Mr. Alabaster, to Mr. Hogg.
Of all these facta they allege the Reorcation Fund Shareholders had full notice and know-Lodge, many of them being themselves Race Club Shareholders—or that they might have obtained knowledge as the facts were notorious, They therefore seek to fix them with actual, or at any rate constructive, notice of all these facts.
At the time of the purchase of this 30 mow of land with the houses on it, the Recreation Fund had not sold, and certainly bad not been paid for, the land they had sold on the Maloo, and bad no funds at their disposal.
Tu 1862 a note appears in Mr. Hogg's handwriting in the Minutes of the Race Club—in the shape of a Report from the Committee of the Race Club to their Shareholders this amount is included the cost of 30 mow in the Stanly te aedeted bythe: meshers ofthe Shana ocrestion Ground, ad which might be sold to them, subject to the nou-building condition, for a sum which tid materially reduce the above! araed cost, and evurped to the Shareholders of tie Toco In 1863, the Recreation Fund having been paid by the purchaser of the Maloo ground, and being in funds, employed Mr. J. Hogg, the Secretary of the Race Club, to negotiate for them as he had done for the Race Course Proprietors, for the purchase of the interior of the Race Course, and the result was a sale to the Recreation Fund of 430 movw in the interior of the Course, with a condition that if ever the Iand was used for building land, or for other speculative purposes, the vendors were to receive an extra Tls. 125 a mow. This condition was put in the shape of a Bond given by the Trustees of the Recreation Fund to the
of the former. The Title to the land Chinese vendors, and it was signed by three was made out to the Trustees of the Recreation Fund at the Consulate. In the English version they are mentioned as the Vendees or Parchasers—but in the Chinese version the Vendees are called the Maloo Kungtze, or Race Club, the original agreements for sale being so made out, 'A Note made about this time, not later certainly than in the early part of 1865, between I think the 20th and 23rd of January in that year, in the Minute Book of the Race Club, by Mr. Hogg in his character of Secretary, is of importance. As a memorandum regularly made in a booking which the Minutes are from time to time duly recorded, it is atleest evidence of what Mr. Hogg thought, and of the impressions in his mind at the time it w: written, and at this distance of time it good and admissible evidence, for what it is worth, of the facts and opinions it records the Tage Chub to. pursue the whole of the conte The Recreation Growl Commitee were all fof the Course tat Thad not already" been bought Race Course Proprietors, subject always to the lon that no building Gr erection of any kin shou fever be placed on the ground without the sanction of {ho ttacd Course. Proptictors or asa Clubs Tt waa Indetstood also that the Recreation Ground. Committee won take over ant pay cost price, with duterest, for the Tin in the contro alonging to th' Ttaco Course.
The Race Club assert that they never bought the interior of the Chinese, that it was foreign to their object to buy the land, having already obtained all they wanted in the shape of an absolute undertaking from the owners, that, they would never build on it; that they had no money to pay for it, and never did pay for it, that no sum appears, in rheic books, whereas the eum for the purchase and payment of the30 mow, which they did buy, and which they were obliged to buy in order' to pull down the houses on it, does appear in their Books; that Mr, Hogg the sale from the native owners on behalf of the Recreation Fund; that the name of the Race Club as vendees was inserted, as they imagine, simply because the natives only knew Mr. Hogg as the gentleman who had previously dealt with them, that it does not appear in the English version of the title deed, and that it is an incontestable fact that the Trustees through their Treasurer, Mr, Dent, paid Mr. Markham, in his character of Vice: Consul, the amount of the purchase money, and that Mr, Markham in that character, as his letter to the Toutai shows, paid it over to the authorities. They argue, further, that no inference as to their being in the position of vendees to the Recreation Fund, can be drawn from their being mentioned in the Chinese deed of sale as vendees by the Chinese, because in a similar deed of sale, made out in favour of the Trustees of the Recreation Fund, in which they were indisputably the vendees, the Race Club is still tore alluded to as the vendees, showing that the Chinese only know these different bodies under the general name of Maloo Kungtze, At avy rate, they say they cannot be forced into the position of purchasers, simply because they are s0 described ina deed not executed by themselves, in which their names are inserted without. their knowledge, in respect of ground over which they never exercised or protendedto exercise any ownership, for which they never paid, whid 8 a fact they never bought; and they explain the insertion of their names as vendees by saying that, by the undertaking. already alluded to, the natives bound themselves only to sell tothem, and therefore may have thought that they were selling to them. But that they were ever in the position of vendees to the Chinese proprietors, or in that of vendors to the Recre-Ation Fund Trustees, is altogether untrue; and rebutted by the fact that their books altogether ignore the transaction, and that the Trustees paid the native proprietors for the land, through their own Treasurer and the Consul, and not even through Mr. Hogg, which it may be presumed they would have done had they bought of Mr. Hogg in his character of Secretary of the Race Clab; and gave a Bond to the natives not to build, except upon Payment of an extra T125a mow. They say, therefore, that the Trustees of the Recreation Fund bought the 430 mow in the interior with full notice of the right which the Club had acquired over it, and therefore burdened with that right which in another bond attached to the Jand.
As to the 30 mow, the Race Club declare that the Recreation Fund having agreed to buy it of the Race Club soon after the Race Club had bought it, with the full knowledge of the object with which the Race Club bought it, and with which they pulled down the houses on it, and with full notice of the undertaking of the natives as to the whole of the
Text read from the printed page and cleaned; old type leaves the occasional error.