On resuming on the second day some delay was caused by the absence of the tipao whose examination on the previous day had not been concluded. In his absence, Mr. Goodnow said—What doyen propose to prove, Br. Dowdall?
it. Dowdall—The only extra thing he can say is that the boundary stones were there.
Mr. Goodnow—That is immaterial. The Court considers the substance of this case is the priority of the title deeds, and the thing we have to decide is whether title deed 760 istered in the British Consulate covers the same ground as lots 708 and 714. The Court has the Taotai's deeds and it seems to me that it is very simple to confine this case to the argument or consideration of the question whether the deeds of the land you claim cover lot 767. If they do so, then the question of priority will gover Mr. Dowdail—The only other witness I have got is Mr. Dallas and he has at the Ghinese. resent moment gone to look for the
Mr. Goodnow—I don't think as yet yoh have put in the Consular deeds which will cover the ground.
Mr. Dowdall—Well, I will now do so.
Mr. Goodnow—It has not been brought to the satisfaction of the Court what ground is actually covered by these deeds. You understand this deed better than I do, but I should like some oxplaniation as to the boundaries of the land.
'Mr. Dowdall—I am going to examine the engineer who surveyed it and I hoy will satisfy you.' Ihave no doubt all the documents are in Mr. Dallas' box. Do I understand that the whole question rests on these titles Mr. Goodnow—If it can be shown that these deeds cover the same ground then, as I said before, the question of priority will govern.
The ex-tipao was then recalled and further examined, his evidence, as before, being translated by Dr. Hykes.
Mr, Goodnow—To save time kindly keep the witness to the actual ground covered by these deeds.
Mr. Dowdall—We got yesterday so far as he said he was tipao for many years, and now the only question is about the identity of the ground. Does he know, of his own knowledge, whether the Municipal Council has ground in the locality under notice Witness—I know of my own knowledge that these deeds belong to the Municipal Council and relate to land sold many years ago. Ihave heard this land spoken of as Municipal Council land at divers and sundry times and have seen the boundary stones.
Mr. Goodnow—What land does he mean the Rifle Range?
Witness—The Woosung That is, in order to get north end of the Rifle Range east of the wise of ground to the
to it you must be in the locality of Sung-away. Iam uncertain whether it is 108 or 109 and the name on it is Sung Ming-
Mr. Dowdall—The fang lan yesterday he says he has not seen produced Witness—I remember the number now, it is 109, and the name on the fan-tan is Sung Ming-chow.
Mr. Dowdall—Let him look at these lots and see if he can identify them with the Council's land now.
Witness—It is somewhat difficult for me as it is not the whole fan-tan. It is only a fragment and, other characters having been filled in, I find it very difficult to speak definitely or to answer your question, Mr. Goodnow—We understand from the Chinese deeds that the fan-tan came from a man named Fei Kuei-hsing who was the seller.
Mr. Dowdall—Who has paid the land tax? Has it been foreigners or Chinese Witness—I do not know who paid it, or whether it has been paid or not.
Mr. Goodnow—He says he knew about some stones which had been placed there. Did he ever go on this piece of land himself?
Witness—I have seen them myself some years ago. I went to the place and saw them myself Mr. Goodnow—Have you been there lately Witness—I was there three or four years ago.
Mr. Goodnow—How were they marked?
Witness—I saw the boundary stones with foreign letters on them but what the foreign letters were I don't know.
Mr. Goodnow—How many boundary stones did he seo?—I saw two near the road. There may have been others, but I did not notice especially.
a jow—At the entrance to the Rifle Range on this disputed ground is that what is meant?—The two I saw were located where the Rifle Range Road is now.
Mr. Goodnow—They were not at the back end of the Range?—No.
Mr. Phillips—By what chihsien were on made tipto?—His name was Moh, but did not have any written authority over my distri Dir. Phillips—You had no written attthority appointing you tipao? Did you over have any authority }According to the custom of that district there has never been any authority.
Mr. Phillips—Is it only from hearsay that you heard these two lots in dispute
he heard they belonged to the Council. belonged to the Municipal Council I lealy ib is all. north numbered 714 and the piece: of ground Mr. Phillij -The piece of ground to the
to the south numbered 708, did they formerly belong to a woman named shen Mir. Goodnow—Whatever is that going
Mr. Goodnon Wo. dont pan Phillips—I think it is imy Eilipe—T think portant number 109 rill he show what area the Mr. Philli it to fan-tan Municipal Council hold under that fang-tan?—I want to know what area is covered, by that part of the fan-tan
Text read from the printed page and cleaned; old type leaves the occasional error.