In December 1866 Chinese who Kid rented some houses built upon land which had been acquired, on special terms, about 1855, for a Racquet Court. refused to pay his. rent, on the ground that there was a flaw in the title deed of the landlord. The Mixed Court sustained this plea, but on appeal to the Mixed Court of Appeal, consisting of Mr. Consul Winchester and the Taotai, the decision of the Court below was reversed, 'The North-China Herald of the 29th December, 1866, gave this account of how the property came into possession of the Fives' Court and Racquet Court shareholders Tt is gratifying to find that general depreciation of property in hai, at least one piece of land has hitherto Fives' Court shareholders, to find a rental of £1,000 melting away from their hands, and a property which had a large apparent value revert to its original position. But reflection on the many annual thousands they have pocketed before their illusion was dispelled, will partly recompense them for the disappointment. And members of the Fives' Court, who have been paid rental for land secured to their especial use, will cease to regret past disbursements, in joy at the prospect of future immunity."
We believe the above history of the possession of the ground on which the Fives and Racquet Courts stood is correct. At all events it was not challenged by the Bearer. and Treasury of the Shareholders—Mr. E. J. Hogg.
Subsequently the Honorary Secretary of the shanghai RacquetClub addressedaletter to this newspaper in which he gave a copy 'a high value compared to the price of special clause written by Sir Harry at which it was purchased. Some eighteen Parkes on the first deed-—for two mow, years ago, certain gentlemen conceived the dated 5th January, 1848 to Mr. R. P. idea of erecting a Fives' Court in Shanghai, Saul, for a small sum of money and an and bought for the purpose, at a cost of annual rent of 1,500 cash per mow—$160, a plot of land at the foot of the Maloo "That the above-mentioned Lot No. 78 is which was registered in trust" in the rented and held by the above named name of a Mr. Saul. Seven years later, British merchant Saul (Robert Powell) in the demand for amusement having increased, trust to the use of certain British subjects, 8 second adjoining slice was at a subscribers, as a place of recreation. cost of $195 and red, also in trust, in the name of a Mr. Deacon, The first to H.B.M. Consulate of Shanghai."
Siged one! S. Parkes. Offy. Interpreter of these plots is covered by the existing The second deed—for one mow, eight Fives' Court and—a number of Chinese fun, six lo and three hoon, granted on the houses, It was to recover ground rent at 7th February, 1855, to Mr. Edmond Dea-the rate of £1,000 per annum, for the space con, for " small sum and the annual rental occupied by the latter, that Mr. E. J. Hogg, of 1,500 cash per mow, contains this as Secretary and Treasurer to the Fives* stringent clause Court Shareholders, sued A-chun and A-you in the Mixed Court, In the natural course "That if the said Deacon, Edmund, of human events, nearly all the original his heirs or assigns shall' hereafter make over his or their interest in the shareholders have departed; and the few rho are stil in Shanghai have sold or al-Ground now rented to another party, lowed their shares to lapse, in happy ji rance of their value tilt we belters, St, without reporting the same to his or their Consul, and through him to the Taotai for Hogg, and one other gentleman represent the time being, for their joint assent and the Company. There could, robebly, be concurrence, and for the due registration of the transaction in their respective Re-little doubt as to the right of these gentle-cords, or if the said Deacon, Edmund, his men to make what use of the pi they please, and exact from it what rental they heirs or assigns, shall at any time transfer can, but for two unfortunate facts, or make over the whole or any portion of deeds bear a special endorsement to the effect the above specified Lot of Ground, or shall that the land is to be used for recreative build, or allow to be built, any houses purpose only, and provide that no Chinese or tenements of whatever kind thereupon \ouses shall be built on it under penalty of for the occupation of Chinese, or let or reversion to the lord of the soil. In both permit the same to be leased or let to Chinese without the before-mentioned act of these views, the claim put forward is mani-authorisation first had and obtained: or festly untenable, Chinese shops are clearly not conducive to recreation, and the proper-if the said Deacon, Eduund, neglects to ty slips from the grasp of the holders if pay yearly in advance the said low rent of such are built. Tt follows, then, that not 1 x mow, then, and in each of these ser cases, this shall become one of the houses which surround and crowd the Racquet Court ought to hava null and the Proprietorship of the said Land, been erected; that all right and title to Houses and Tenements, shall revert to the Jard of the soil. the property hus been forfeited by the act fad that the Taota can, if he choos, claim Then follows " similar special clause to bob think however that, amid their many the ground in consequence. We do that in the other title deed.
A few years ago the members of the Bowl-fault, high Chinese officials comprise the ing Alley endeavoured to resist the demolidisposition of a Ralph Nickleby. They 720 by taking advantage of a misnppresqueeze, but, they do so st ighlorwarly tion of the building in which they played. 'They were unsuccessful, we believe because they as tenants could not impugn om any hension, "His Excellency will no doubt way dispute their landlords' title. Some condone the offence; but will, we trust, two years since the Fives Court Club were insist on its cessation, Apparently, from turned out and the Court pulled down. the terms of the lease, the whole of the The bricks were piled up and allowed to Chinese shops at the corner of the Maloo remain on the ground; but we observe snd Honan roads are improperly there, and that the bricks are now being cleared away the land they occupy should be available apparently that buildings may be erected for purposes of recreation. Such was evi-on the site. dently. the' intention of the original share-We place this history of the Fives holders, "and it is a pity that this object Court. before the public, in order that should be defeated. the secret of it_may be seen that those who have dealt ownership and tenure been cleared up with the lot and that of the Racquet earlier, two buildings at least would already Court have no right to the ground, have competed for the site—the new Rac-which was clearly gi Theatre in course of erection at the Court at the head of the Maloo, and of recreation for fo back of the Consulate. Tls. 2,000 expend-mediate steps ed on the purchase of a site for the former thereto, There seems a general opinion might have been saved to the shareholders, among those with whom we have spoken burden of Tls. 250 annual rental, to on the subject, that it ie the duty of the the Dramatic Society. It is no doubt dis-Muncipal Council to the public agreeable to the representatives of the old interests, and that the T-ustees of the Recreation Fund should either act with the Council or independently for the same purpose.
Text read from the printed page and cleaned; old type leaves the occasional error.