February 4, (1899.]
commencing from the 1st January, 1898, upon the following terms --- That Beaconsfield shall be put into a state of thorough repair at the expense of Mr. Belilios, and that such altera tions and additions shall be made to Beacons field as are required by the Government for making Beaconsfield suitable for Government offices." It was also agreed that Mr. Chatham should employ & Government contractor on be half of Mr. Belilios to carry out the necessary repairs, alterations, and to do everything which was necessary to adapt the buildings as Go. vernment offices. It was also agreed that Mr. Belilios should pay for the work according to the scale of charges usually paid to the Govern- ment contractors, and it was further arranged that Mr. Chatham should supervise the execu- tion of this work on behalf of Mr. Belilios as his agent and architect, and that he should re- ceive a commission of 5 per cent, upon the amount which the work cost for supervising the work on behalf of Mr. Belilios. The plaintiff did that work and provided such materials, and sent in a bill for $17,700, the amount having "been reduced to that sum at the request of Mr. Chatham. The plaintiff had already received 36,500 from the defendant on account on the 18th of January, and that reduced the sum to $11,200, which the plaintiff was suing for in this suit. Mr. Danby had estimated the cost of the altera- tions at $4,000 or there-abouts and the cost of the repairs at about $2,000, but this estimate of Mr. Danby's was wide of the mark. As a matter of fact it was impossible until the beams came to be removed and a thorough inspection took place to estimate the cost of the work. This building dated back for several years -some 30 or 40 years and it was found to be in a very rotten state. Accordingly Mr. Chatham wrote in reply that he had not made any estimate of the cost and that he would not be bound by any estimate of Mr. Danby. Defendant's story was that these works were carried out by the Public Works Department at their own risk and at their own expense, and that Mr. Belilios's only obligation was to repsy, the sum expended to the extent of some *$2,000 or thereabouts for alterations and repairs and $4,000 or thereabouts for the alterations required to adapt the building for Government ригровев.
Mr. Francis suggested that Mr. Pollook should be asked to state correctly what the defence was. Mr. Belilios had never attempted to state that the work was not being done the Public Works Department on his
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CHINA OVERLAND TRADE REPORT.
| but did not put it down in his book. He could rooms in that condition. He pointed on
not tell by looking at his book what quantity Mr. Beliliog that teak floors had been put in of work was done up to a particular date. He and be raised no objection. He said, however, did not think Mr. Gowanloch's book would that there would be a good deal more to pay tell either. It was not true that the work was and witness replied that he could not tell him not measured up until it was all finished. He how much. Mr. Belilios expressed satisfaction could not remember any single date when the with the way the work had been done.” He said work was measured up. He had never done it was a good job. Mr. Belilios asked him to any work for Mr. Belilios. He had never ten-see about a trowel and mallet in connection dered for any work which Mr. Belilios required with the laying of the stone of the reformatory doing. He never said to Mr. Chatham, when and to get anything else which was required in the latter told him to go to Mr. Belilios for connection with the function to be performed money, that he did not care to do so as Mr. by the Governor. On the 25th of January Mr. Belilios would beat him down. The roof was Belilios called upon him and drove him down to finished in December, but he had no note of it. the site of the reformatory at Causeway Bay. By the end of December over $10,000 worth of | On that occasion some mention was made of work had been done, reckoning labour and Beaconsfield, but Mr. Belilios never expressed any materials. All the heavy work was done by dissatisfaction with it quite the reverse. First that time. The interior was only partly done, of all A Hok sent in a bill for $20,000 odd, two He told Mr. Chatham at the China New Year items being put in on account of the extra that the value of the work then done was over and price of the timber, These items, however, above $10,000. He kept the books of Hok's firm. witness disallowed. As a matter of fact he He opened a new set of books at China New afterwards made out a bill of $17,700 as due to Year, but he did not carry the accounts forward. A Hok. He was satisfied that A Hok had done The value of the work done up to China New work on Beaconsfield and supplied materials to Year was between $13,000 and $15,000. He the value of $17,700. He had a lot of trouble asked Mr. Chatham to let him have $10,000. | to get A Hok to agree to the reduction. He When he was told about the work in November, gave A Hok a certificate for $11,200 to take to 1897, he went over the building but he did Mr. Belilios-$6,500 having been already not give any estimate. Mr. Gowanloch did paid. He employed A Hok on behalf of not say it was a 86,000 job. He simply Mr. Belilios. As far as he was concerned told him he must do what he was told.
he clearly considered he was authorised by Mr. Belilios to employ A Hok and also to see that any repairs and alterations which he considered necessary were carried out. The work was substantially done, but there was no unneces- sary expense; there was nothing in the way of ornamental work. Mr. Gowanloch, his over- seer, took measurements from time to time. He found out on making up his account that Mr. Gowanloch had put down everything. When the alterations were commenced the wood work was found to be in a very rotten condition. This could not have been fully ascertained when Mr. Danby made his estimate. There was no -con- tract made out for this work with A Hok, as this would have delayed the work and there was not a day to lose. He never mentioned Mr. Danby's estimate to A Hok and never sng- geated to A Hok that there might be a limit to the amount to be expended on Beaconsfield. He did not consider himself that there had been any limit.
In reply to the Court witness said Mr. Chat ham was satisfied with the quality of the work done. Defendant had never complained to him about the work.
William Chatham, assistant director of the Public Works Department, said that from the 6th of May to October 21st, 1897, he was soting as Director of Public Works. It was in August, 1897, that the suggestion was made on behalf of defendant to the Government that the latter should rent Beaconsfield. Finally about the 5th of November there was a letter written by Mr. Ormsby in answer to one from Mr. Be. lilios with reference to the Government taking Beaconsfield over on lease. The agreement was that Beaconsfield should be put in thorough repair and that alterations should be made to adopt Beaconsfield for Government offices. Mr. Belilios wrote him in October, 1897, enclosing a report made by Mr. Danby, subsequently writing again stating that in his opinion Mr. Danby's estimate was excessive and with good management could be reduced. Witness called on Mr. Belilios and told him that if he were to
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In reply to Mr. Francis witness said that when measurements were taken Mr. Gowanloch supplied him with the details. He had no record
by any particular date.
The point was as to what extent the Gopervise the work on his behalf he would not †† which would show the quantity of work done
́wers entitled to commit Mr. Belilios.
Mr. Pollock proceeded to deal further with the correspondence, and the further bearing was adjourned.
31st January.
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be bound by any estimate put forward by Mr. Danby. He himself had not made any estimate of the cost of the repairs and alterations. It was agreed that the repairs and alterations should be paid for at the usual rate paid to Government contractors. Before witness began to act for Mr. Belilios Mr. Danby was acting for him as his architect.
The further hearing was adjourned.
1st February,
Mr. Francis continued his cross-examination of Mr. Chatham, Assistant Director of Public Works, who in reply to questions said it was in the forenoon when he and Mr. Belilios visited
re-arranged the top floor contained seven rooms, At the time of their visit two of these rooms were not finished, and they did not look into them. The only reference to extra expendi. ture, which he remembered was when Mr. Belilios remarked, on their going through the building, that there would be a good deal more to pay and witness replied that he could not tell how much. He did not remember telling him that there would be a considerable amount more to pay. He had no recollection - "of ever giving Mr. Belilios the v vaguest intima- tion as what the extra expense would be. Al- together the repairs and alterations, etc., would cost Mr. Belilios 819,600. It had never sträck him as possible that if by the end of November Mr. Belilios had found out that he was likely to be landed into considerable expense he would have refused to go on with the work. It was he who pointed out to Mr. Darby what altera- tions the Government required to be made. He read over the report subsequently sent in by Mr. Danby, which report dealt with all the alterations mentioned by him to Mr. Danby. and estimated, the cost at $,000.
Tsan Tsang, who carries on business in the pame of A Hok, and who gave evidence the previous day, was cross-examined by Mr. It was arranged that witness should be paid at Beaconsfield: on the 20th January, 1898. Francis. He said his father died 12 years ago, He left a will and he took ont probate. His brothers were not partners with him. He was a carpenter himself, but he knew all about build- ing. He began house building after the death of his father. He took over his father's business. He daily superintended the work carried out at Beaconsfield at the end of 1897 and the beginning of 1898. Mr. Gowan. loch superintended the work for the Public. Works, Department. Mr. Chatham" first spoke | January. They oconpied· part" of the top to him on the matter on the 6th of November, 1897. He subsequently got his instructions from both Mr. Chatham and Mr. Gowanloch, both seeing him almost daily. He did not send in any bill before the completion of the work in March of last year, when he sent in his first detailed bill. While the work was in progress the quantity of work done up to any partionlar date was calonlated. Measurements were taken several times. As each portion was done a measurement was taken, the object being to have it recorded, and then when all was completed it could be totalled up. At each measurement the price was calculated accord ing to the schedule, and all this was recorded at the time. The measurements were taken by Mr. Gowanloch, Mr. Chatham being sometimes present during a portion of the time a measure ment was taken. His books would simply show the measurements and the quantity of work done. He looked up the price according to the schedule,
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the rate of 5 per cent, on the cost of the altera tions. It must have been about the 6th or 7th of November when he first spoke to plaintiff about the work. He went over the building on the 5th of November with his overseer, Mr. Gowanloch, and gave him instructions to start A Hok. The work was carried on with the utmost expedition. The men worked very late. The Sanitary Board occupied the rooms pre. pared for them at Beaconsfield on the 1st of
storey. Then the Registrar-General's de- partment, which occupied the entire floor below, moved in on the 1st February, and the Education Department moved into the remainder of the top floor at about the 7th of March, when the entire work which was being done to Beaconsfield by A Hok was about finished. There was some work done by another contractor some few days after. With regard to the nature and extent of the repairs to Bea- consfield, when witness called upon Mr. Bəlilios and told him he would not be bound by Mr. Danby's estimate Mr. Belilios told him he would give him carte blanche; he could do what, he liked. On the 20th January, 1898, he went with Mr. Belilions to look over Beacons field. As a matter of fact Mr. Belilios did not go into every room. It would scarcely have been possible for him to go into every room as he would have had to go over joists and temporary boards. There were three or four
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The further hearing was adjourned..
2nd February.
The case for the plaintiff baving been closed Mr. Francis opened for the defence, speaking at considerable length on the different issues placed before the jury. He contended there