The Archive · 1905

Thomas 0. A.M. A. Evans

Chief Justice

Mr. Wilton on behalf of the defendant in this case moved for leave to appeal from the decree made on the 15th inst. by which the defendant was ordered to pay Taels 4.000 to the plaintiff. The motion was made under section 131 of the Order in Council m 1866.

Mr. J. C. Hanson appeared for the plaintiff.

is Lordship made the following order: On the defendant paying into Court on or before the 10th of April now next the sum of Tls. 4,708 as security for the due performance of such order as His in Council may think fit to maki ecution of the judgment herein ed and on the defendant paying into Court on or before the said 10th day of April the sum of 2,500dollars, let the defendant have leave to appeal to His Majesty in Council against the same order herein, and let the sum of 461 dollars, the costs payable Tie. 10,000.

(6) The above loan was evidenced in the manner customary betwoon thy par. ties by the delivery on the 30th day of the 9th moon to the plaintiff of the two promissory notes or instruments in writing each for Tls. 5,000 duty impressed with the chop of the defendants, payable ly on the 15th day and 10th moon, which we plaintiffs on' the completion of the advance which took place on the 30th day of the 9th noon.

(7) The said sum of Tls. 10,000 was advanced and paid as follows (a) The aum' of Tie. 9,428.75 part thereof was, paid by a tiative order of ti Cheng Ta Bank which was handed to the said compradore of the defendant {b) The suth of Tle. 458.75 farther part thereof was, in accordance with an order writing impressed with the chop of the defendants, paid by the plaintiffs to the Pao Ta Bank to whom. such order had een handed by the Tsin An bank the to the plaintiff under the order, be paid pay: ces therein named. on or before the said 10th day of April to plaintiffs counsel on his undertaking to repay the same should the appeal be successful.

(6) The balavee of the ssid sim of Ths. 10,000 namely, Tls. 112.50 constituted the interest agreed to be paid in advance for the loan for the periods of the.eur-

Text read from the printed page and cleaned; old type leaves the occasional error.

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