Me.' Wilson said tat what he now asked for was declaration that Mr. A. Dallas was the owner of the whole of Lot 4970, ax against Mr Alger. The defence rested on certain agreements pi ported to ave, been entered into fore the issue of this title dead. Mr. Tonos admitted the title of the plaintiff, in order that this action might be brought. Mr. Wilson then described the procedure adopted by the Consulate and the Taotai before a title dood was issued. As Mr, Algar was also owner of B.C. Lot 445 he applied that a piece wf it be cut off and included in Lot 497). As the old title dead was thus divided up the name of the Chinese propriotr did not pear on the title deed handed in to Ovurt. The Latter was assigned to plaintiff in o: dor that this action might be brow.ht. Counsel submitted that if he could satisfy hia Lordship (1) that the land claimed by the plaintiff correspond in area with the area atated in the title deed and (2) that the measurements in the official plan corres ponded with the plan put in by the plaintiff, he was on'itled to a declaration that the land marked in red on the plan belonged to Me. Dallas, Mr. Jones said tha: ho had not come to Court prepared to deal wish that particular phase of the, posit understood Mr. Wilson's lai that his clients had not. pices of land in dispute to Mr. Dalles jo understood now th. Mr. Wilton abandoned his claim for possession. Assuming that this lend was included in the lot, he was debarred from raising the oint that for twelve years the land had nin the actual possession of the beneficial owner. He -vas precluded from raising this point beonuse until recently his clients wore the rogiatered owners of B.C. Lote 4970 and the adjoining lot, which was said to include the encroachment. There could be ques ion between Mr. Algar and himeelf (Mr, Algar) as to the ownership, and the question of the beneficial ownership thus become a very import"né one Mr. Wilson said ho thought he had made it close what he asked for in the amended statement of claim.
His Lordship, with the xequiesconce of both perties, then framed the issues a8 follows: was the of land shaded in the plan (the alleged encroachment) included in B.C. Lot 470, "ud if 20 was it subject to any easement of right of way? He could hear argument afterwards as to what order he should make on the findings. The first question lie had to decide was whether this land was included in B.C. Lot 4170. The proce: dure of the Consulate and Taotai's Land Offices would have to be proved,
Text read from the printed page and cleaned; old type leaves the occasional error.