'Mr, Warnewntonrappeared for the Plaintiffo, "Me, Lariax in the absence of Mr. Robinson' watched the case for the Char tered Bank, There was no appearances for Mr. Benjamin.
Mr, Warvewniou? in "pei said it was a suit for the for certain mortgages on a quantity of property in Shanghai, belonging to the defendant Benjamin D, Benjamin, He did not know whether his Lordship had read the petition, (A document of very great length).
His Lonpsure replied that the had glanced over it.
Mr, Warsewnrout aald that the bulk of it waa descriptive of the property and he road @ portion, which after showing that the plaintiff's joint stock company carrying on business in Shanghai and where, the defendant, Benjamin, a resident carrying on business in Si and the second defendant a joint stock company incorporated under the name given in the ife, went on to show that by sundry ments, the earliest of which the 20th June 1882, the defender min covenanted with the plaintiff whatever was found due upon hi current, with interest, when called upon by the Bank and mortgaged his property as security. The mortgages, with one exception, were precisely in the same form, 'The seventeenth paragraph in the atuted that the plaintiffs had given notice to Mr. Bonjemin to pay off the debt, but he having not done so, they took poaseasion of the property en the 13th February, 1884, Paragraph 19, showed that the' Chartered Bank held 'a second mortgage on the property, which made them defendants in the suit, He then called Mr. Here, usher of the Court to prove service of the documes Mr. oxtas Here, His Loxvsmr—No hen aworn, wer has been put Mr, Warxewrtout—No answer.
The witness deposed that ho hnd served the defendant Benjamin personally, and loft with him a copy of the petition, on 19th November Inst. It had upon it the usual notice, that he waa to put in an answer within eight days, and he also served a notice of hearing for the 9th Decembe Dr. R. M, CaMppect was next sworn and examined by Mr, Wainewright. He deposed that he wx accountant of the Agra Bank Shanghai, and had been acting as auch and sometimes as manager since 1"79, In the years 1882 83 the defendant Benjemin was & customer of the Bank, and had extensive dealings with it. He gave mor!gayes on portions of his property to the Bank as security for his current account.
Dr. Warnzwniont tendered the mort-ages, twelve on number, in evidence.
Mr. Larnaa—They' will have to be Warnewnicat—I know th ye to be proved singly.
\—They have come from the custody of the Bank, and have been in their custom cly ever since they were given.
Witness resuming, eid that certain of the lots were mortgaged to Dr. Henderson previously. The mortgage (produced) which ad been paid off, was for Tle. 40,000 and 1,100 odd taels for i rest and charges, The Agra Bank paid this off, the amount being Ts. 41,808 principal and interest, and Tls, 169.50 for costs. The Agra Bunk took a transfer of the mortgage which was dorsed upon the deed, "Dr, Hender-was also a customer of theirs. Prior to that mortgage bein d for Dr. Henderson, he held an equitable mortgage, and' the Agra Bank had never been repaid any of the money paid to Dr. Henderson on taking over that transfer. The Bank entered into posses sion of the whole of the property mortgaged by Mr. Benjamin about 13th Feb. (884, and had been in possession They had since been receiving When they took jan ai owed =the Tls. 458,263 73, principal and i terest.
Ho now owed the Bonk Tis, 563,180, which was the balance of his account current, after giving him credit for the rents and interest thereon at 8
Lonpsurr—What do you mean by Witness explained that interest in the current account was calculated from day to day, anda separate account was kept for the rents ce the bank took over their collection.
After a brief conversation as to the mode of procedure in the case, His Lordship ruled that the execution of the mortgage and also the transfer should next be proved.
Mr. Laraas in reply to His Lordahip said that he merely appeared to watch the case for the Chartered Bank, and he asked whether his clients had notice when the Agra Bank tonk the transfer on the 17th June 1884, and whether the Avra Bank had on that hat the Chartered Bank had al tgage on the property 7 Mr. CaMPBELL replied that there w second mortgage to his Bank long before that, and he thought they must hare had notice on the date named of a third mortgage. This concluded the witness's examination.
Mr. Warxewnicut who said he was the only other witness, was then sworn, deposed that at the dat of the mortgages was executed, he was solicitor to the Agra Bank, and had b 80 ever since. The whole of the documents produced were executed in his presence by Mr. Benjamin, Dr. Lataaa—And they include the mortgage to Dr, Henderson appeared as attesting witness to each of them, He was also attesting witness to Mr. Warsewnicut—Yes your Lordship. Continuing: He also saw Dr. Henderson the deed of t upon the mortgage, and on lith March, 1884, he served Mr. slat with the notice (produced) to pay off his debt to the Agra Bank at the same time explaining it to him.
Mr. Larmax—I should like to know whether after the agreement dated 1st Februsry, 1883 any request was made to Mr. Benji to execute the plaintiffs on any such property included mit.
Mr. Warvewnicut replied that no auch request was made except ne regarded lot 1367, and he [Mr. Benjamin] had executed 'a mortgage on that, Witness in reply to Br. Latham as to whether any request was made to the Chartered Bank which would give them an opportunity of di Mr, LatHau—To whom?
Mr, Warxewniaut—The manager. I told him that we wore going to foreclose, and proposed that the Chartered Bank should take over the property and pay us off. I mentioned at the time, T had instruc: tions to commence proceedings for foreclosure, To his Lorvsuzr—No formal notice was given. That was all the evidence he had to produce and he did not think it necessary to say anything about the law in the matter.
his Lordship liked he would read the documents with the greatest pleasure, His Lozpsur said it would be impos ible for him to give a decree without reading them.
Mr. Warvewatour then read the deed of mortgage dated 25th Juno, 1882 and said that the others, were lar except as regards the description of the different premises, and that Mr. Campbell was some times named as trustee for the Agra Bank and sometimes Mr, Lemarchand was, His Lorpsurr—What form of decree do you want?
Mr, Watsewnicnr replied, a decree for fore-closure, which he proposed should take the form of that made in the case of the China Fire Insurance Company against Harvie, on the 9th February 1886.
His Lorpsare—Vory well; that would be a decree for the amount, payment, or foreclosure against the defendant Boujamim with costs, Mr. Lora applied for costs, aa his clients were made parties to the suit without an opportunity being given them for disclaiming, Mr, Warsewniant ald they had an opportunity of disclaiming, "ud he was bound to inlake the Chartered Bank a party to the suit.
Ip Gually declined to grant Mr, Latham's application, and made the order as applied for by Mr, Wainewright, Shanghai, 13th December, 1886, Before Sir R. T, Rennie.
Aw Internveren Torterte, James MILLER an unemployed mun was put forward charged with havi been drunk and also having forced his way into the residence of Mr. P. Rosa, 118 Boone Road and steriling therefrom two towels, a comb and a piece of snap. The prosecu-for deposed that when he returned to hi home shortly after 9 o'clock on Saturd: night he found the accused locked up in one of the rooms. Wit asked him what he wanted and he replied that he wanted to sleep. Ho next asked him his name and he replied by putting the same question to witness, who said he had no Yo this the accused boon there before, did not wich to pr charge the accused. employment of Mr, Rosa id that at 9 o'clock on Saturday wight the caused knocked at the hall door, and when witness opened it, he atruck' him ith a stick. He then pushed his way upstairs to the master's room and locked the door, Witness sent for Mr. Rosa who returned with two gentlemen and while the man opened the do police were then sent for, and al arrest of the intruder, two towels and a comb were missed.
Detective Officer Jones deposed to are ing the accused, and bringing him to police station where he wns searched, and the art found concested drunk at the in the how before with a Japanese woman, 'The pri-souer who said he knew nothing about the matter was sentenced to six week' imprisonment.
Text read from the printed page and cleaned; old type leaves the occasional error.