C. EH. Bien v. EH. A. tine. to Matthew Tyson Yates one undivided third share and to the said James Oliver Pendleton the remaining two undivided third shares of the said property mentioned in the filth ps Fendioton being as to ove of the said tworaph of this petition, the said James Oliver third shares 20 transferred to him a Truste for the plaintiff, by whose direction the said transfer so far as it affected such last mentioned third chare was made.
8.—By deed dated the 17th day of Decer ber, 1863, the id James Oliver Pendleton the considerable of sum of Tie, 3,000 Shanghai Sycee expressed to be paid to him by the Matthew Tyson Yates for and on account of the defendant, conveyed unto the said Matthew Tyson Yates ud assigns one undivided third part of the piece of land mentioned in the last preceding paragraph hereof with the appurtenances to hold to the id Matthew Tyson Yates his heirs and asigus for ever, in trast—Firet, for the defend-aut during her life or in case of the plaintiff death then so long a8 she should remain his widow, to receive and pay over to her the nob profits of the said property for her sole and separate utes second, upon the death oF reinye of the defendant then in trust for any child or children of the plaintiff born of het the defendant and his her or their heirs nome ground for the rumour, line has been beset with difficulties at both Wo have already explained that our of the formation of the Chinese Company to carry out thie Land-line scheme are not prompted by any desire to check luridable enterprise, either on the part of Chinese or foreigners. In view of the connection which the Great Northern Polograph Company avowedly had with this scheme, of the bold t which was made by the Rus Jand the cable upon Hongkong, and of the persistent and well-known policy of monopoly followed out by the Company, there is little cause for wonder that objection was taken to the svil of this Colony being quietly utilised for such purposes. It would have been somewhat surprising had the British Consul ab Canton, the Colonial Government here, or Her Majesty's lepreaontative at Peking granted the request made through the Danieh Company; and it was simply a matter of course that these British authorities acted as they did, al peared to the minds of ton amonget the number, by the way) to be thus placing themeelvesin opposition to advan ment and barring enlightened enter pri The refusal of the Colonial Government to permit the line to land on British aall was an act of self-defence, and the promoters owlvong line ought, we had sufficient common sonse—aseuming that they may be devoid of eosideration for English susceptibilities to the advantages of British proteetion—to have changed their front when they aaw how the questionable policy of the Russo-Danish protectorate complicated matte: s, Apart, however, from the political aspect of the Company's origin, there can be little doubt that any enterprise connecting Canton by telegraph with Hongkong and other places will draw from British clients by far the largest antount of foreign support, while the fact that foreign shareholders in the concern would have eecnred foreign protection at both ends ought not to be overlooked. So far as we can learn, Me. Ho Amei, the Chairman of the Company, has gone the wrong way about the negotiations aswell as the initiation of the concern; and this la all the more to be regretted that it is the first move in this direction, made ostensibly with native ce-operation, in this part of South Chin. We should not be surprised if the difficulty were met by the Chiness Government purchasing Mr. Wainewright appeared for the plainti The defendant was unrepresented and did not appear.
Mr. Watxewnranr said that subject to the approval of the Court he had made an arrangement which would obviate the necessity of His Honour taking notes of the evidence, which was, that Mr, Mac-far lane be appointed official reporter to the Court.
His Hoxour consorted, and Mr. BMacfor lane was eworu as oficial short-hand reporter.
Dir. Watyewnranr, in opening the case, said this was a suit instituted by his client to procure a transfer of certain lands, houses, &e., situated in the French Concession, ow registered in the name of his wi E. A. Hill, to his own name. For the information of the Assessors he would now read the petition of follows citizen of the United ast resided in 10 still living one child only, a boy, who was Lorn in the mouth or agree me!
jo or entered into prior to The plaintiff has not at any or becom entitled to any property of any kind {com or in right of or on account of defendant, mth of Nov with eertai purchasers.
5.—In the mouth of January, 163, the plaintiff, in concert with ti other per-sone referred to in the last preceding paragraph, owners a certain other the French Concession said other persons, purchased from native owners a certain other piece of land situate in the French Conces aforesaid, and mi: 1g two mow eight how, and the same was tr the French Consulate aforesaid James I, Doyeuas Trustes for the purchasers, to him or s he should diceot, and the cal conveyance war duly acknowledged before the United States Consul for the time being in Shanghai, 9.—No money passed or was intended to pass upon or in respect of the execution the eaid James Oliver Pendleton of the ani last mentioned deed, and the said Matthew Tyson Yates never accepted the trust declared and reposed in him by the said dood never acted in the matter of the eby declared and the said deed was red or recorded at the French Consulate at Shanghai aforesaid, and it has in fact always been treated as void and of no the proper books kept paragraphs four
the French Com
the plait ating for the pi ing 740 one undivided third id James ming undivided third 11.—On the 5th day of the jand gen mentioned or to i fix hereof was in the books aforesaid transferred by the plaintiff acting Doyen as to third part thereof to th Tyson third part Oliver Pendleton sous to be held by him or ti corded upon the ister, but owing to the the' said Consulate he in this re-was by before causing the said property to be 80 the Plaintiff did not intend to and did not in the said property to the defendant imply constituted her a Trustee for himself for the purposes aforesaid.
13.—At the time when the property registered as aforesaid the Plaintiff gaged ina flourishing and lucrative busi and was entirely free from debt and the Property was not ea registered with a vit
Text read from the printed page and cleaned; old type leaves the occasional error.