(by his Attorney, Charles ly) plaintiff, and Tia Chaing-pso, Ya Tub-chit g, Cheog Yoen Bank, Woo Zsn-tsang, Chen Yib-
Chew Teoo ying, Chien Yi Taian Yar-fong, Tien, Tsiep Sar Loh Yaan-dog, defendant peared for plaintiff, Mr. J.B. defendants except Tai Chai hom Mer Hie Drowete: appeared, and Mr. Godfrey for the Banks, Mr, Henry E. Hunter, Manager of the Hongkong and Shanghai Bank, was recalled and in reply to Mr. Home, ssid that when be gave evid on the 25th in der was an unconditional promise to pay money, and it was regarded as hard silver.
Mr. Home—Takiog the ordinary form of bank order, have you uoderstood that there apy cireamstances, apart from fire, fraud and s0 op, that the mening bank is not boond that it is patting " man on his honeer.
Mr. Godfrey:—Sapposing hi order ty be issued in that w documents, and there are conditions in writing noder which that bank order is to be used, would not the immediate party be bound under these conditions—The conditions should be on the native order.
Bapposing they were on anoth document?—That would be " matter between the immediate party and the bank.
Mr. Godfrey:—Taking that question little farther, supposing that the immediate party receiving an from the bank were to hand that order to a second party with the other documents and with " notice of ite conditions do you consider that that party would sla be bound by the conditions?—I can only say that it would entirely depend apon the oonditions. I don't see how I can give an opinion. The third party would not take it unless the conditions suited him.
If be took it, would yon consider bim bound by these conditions?—I should imagine #0, T don't know.
Replyiog to other questions Mr, Hooter said that it was possible for native bank to issue native order lly described as " guarantee, the could not imagine avy A native order with fringent conditions attached unless they wore on the native order, The custom was to safeguard themselves; jpooyla bad not got so much confidence, At a later stage Mr. Hunter said that his book bad only ope instance giving " loan to a private individual guaranteed by a native bank, and "he handed up the doonment for the paction of the bench.
The custom with regard to a loan like this was that the borrower paid back the money when he liked.
If they bac applied to the native bonk bad to pay them, In answer to Mr. Mr. Browett, Hanter aald that assuming the giver of promissory rote wae the person reponvible, and he failed to pay, the first recourse would be to th ment as to the form of security they should resort to in the event of aonpayment. If they had a clean vative order they woold present it for payment la the ordinary course, reply to Me, Home witees nited that a native order should bel" said that the decadent he bad produced given as a sort of secarit}
If you cannot sell the property would you have to extend payment of the native order ad infnitun?—I the title deeds are transferred to you the property must be sold, By whom Supposing a Chinese gets an order from a native bank and gives it to me, the Bank has got to pay it to me, has it not?—It depends whether there are complications.
Well, if there are no complications 2 bank were to issue a book order trid hand to " person whom we mill call Mr. X. on the understanding that that bank order was only to be used subject to certain conditions, do you say that the immediate party would be boned by there conditions It is understood of not the ordinary bank order and it was not payable to bearer, The Compradore of the Hongkong Shanghai Bank next gave evidence and at the close, Mr. Garstia sxid:—The that when a Chinese borrows money and course that if he passes it to a holder g, sits as security title deeds together for value that holder would be entitled with native bank orders then in case of to recover.
Mr. Hunter foolish of a anderstand.xach.a coe. [t reams to me. default in payment the lender must first ize the title deeds before he ran the vative banks. at be a enbjset of
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