SUPREME COURT,
IN SUMMARY JURISDICTION.
Before Mr. E. J. Ackroyd, Acting Pulsne Judge.
Juuc 3rd.
THE SHAMEEN HOTEL CASE.
Judgment was delivered this morning in the cross actions between the Shameen. Hotel Company and Mr. W. St. J..Hancock.
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THE
HONGKONG TELEGRAPH, THURSDAY, JUNE 11, 1891.
Messrs. Rodyk & Pitman & cx- penses ....ARE
Skumm 31.00
the day after Mr. Hancock sent the following Feb. 29th, Attendance at Shameen" on leiter to Barretto. "Dear Mr.Barretto,—Adverting to your favour of the 16th uitimo respecting my a/c against the Shameen Hotel and Land Mar. 6th, Attendance at Board Meeting... 5.00 Company Limited I have to say that I yester đáy saw Mr. Fraser Stalih on the subject and nów send you amended copy of my ale as approved by Mr. Fraser-Smith and shall be obliged if you will favour mie with a cheque for same." The amended account amounted to $490.
Mr. Barretto states in bis examination de bene me that this letter and account were sent to the Directors in due course. No cheque was sent
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Commifsion for Supervision, $3358 17 per cent..........135.90 Dec. 6th, Examining Yu Shing' account 5.00 Examining Han Shing's account 5.00 Total...$376.10
Mr. Fraser-Smith says—When, the office was removed from my place Mr. Hancock stated in. presence of Mr. Barretto that it would be con- venient for him to have the Marina at his office | and that he would give it rent free. I had both offices at my office. I have told him more than once that it was very hard that we should take up bis time and office, drink his whiskies and sodas, and he gel no rent.
Mr. Pitman says-I know nothing about the rent. Only a deak in Mr. Hancock's room was used. I never heard anything about rent until the writ was issued.../
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Reat...
160.00 nets, six boys had already passed the highest standard, and are doing Oxford local work 1-the Total..........$1,016,30 | remaining 71 were examined ; 62 passed, tes Deduct amount received, and hotel bill. 990.15 873 per cent,; 9 falled; 7 tailed in only one subject each, but not bring in the II., III or IV. Balance due...sassy
.........$ - 36:15. standard, where copy-writing condones failure i.i As to costs, although the sum now actually one subject, they were marked failed. to be paid to Hancock is small, yet it must be
In history and needlework 100 per cent, passed borne in mind that he claimed
readlog 986, geography dictation, 9435%
974 Arithmetic 90'14 and composition go per cent.. In each of the special subjects-15 böys were:| examined: in animal physiology 88 per cent. pasted, algebra 80, in Euclid 76 and physical Reography 60 per cent. These percentager are not equal to those of 1884, but maV be considered as satisfactory in view of the fie that with a higher average attendance we ha during some months only two masters instead of
$1,171.00 for the accounts, plus
160.co rent, making
1,331,30
Nearly everything in the two accounts was contested, and it was contended that nothing was due on the second account because $190 were to cover all charges. The claim for rent war contested. The plaintiff has succeeded fa all the important issues with the exception of the charges for visits to Canton. On this issos I think the defendant company entitled to costs. With this exception judgment will he entered for the plaintiff Hancock for $36.15 with costs.
After some argument the question of costs was afterwards reserved.
THE DIOCESAN HOME AND.
ZORPHANAGE.
Sask
The following: is the twenty-second sunual. report of the Committee of the above inambé institution :---
bar
The year that has jost passed has been one of much encouragement to the Committee and the Teachers. For the first time the School won the valuable prize of the Government Scholar ship, F. Souther having come out first of the candidates in Hongkong. This success redounds much to the credit of the Institution, as Southey knew but very little English when he entered the School in 1879.
Another cause of encouragement is the respones of the public in Hongkong and the Santher Ports to the Committee's appeal for a Ballding Fand, in order to add a new wing to the present building.
Mr. Rodyk saya-When I was about moving from my offices in D'Agular Street I said at a meeting of directors of the Marina that The necessity for enlarged accommodation I could not give them offices any more, bas long been felt both for health's sake and Mr. Hancock sald he would give them also on account of the fucrease of boarders dur. offices in his office rent free. Mr. Hancocking the last few years. An appeal was made at was at that time a director of the Marinn. the beginning of last year for $4,000, and before Mr. Hancock's offer was not accepted. It was the end of the year some $31300 had been a casual conversation, it was not the business collected. His Excellency Sir William Des before the inecting. That was the only Veax, at the Prize-giving at the Home in March, conversation about rent that I know of.
offered to contribute the last hundred of the Mr. Hancock being recalled gays—I never. sum required, on condition that the remainder | promised to let them have my offices rent free. between six and seven hundred dollars-should I do not remember the conversation referred to be raised within a seasonable time. This offer by Mr. Rodyk. I had a conversation with Mr.
soon brought a munificent gift of $500. The Rodyk in his new office. I remember no
Governor at once, forwarded his cheque, with conversation with Mr. Fraser-Smith and Mr.
the kind remark that he had rarely made a Barretto Mr. Barretto complained seriously of contribution of the kind with such great pleasure carrying on the work at Mr. Fraser-Smith's. as he did to the Diocesan Home." His Excellency Mr. Barretto searched for offices. I said the expressed himself after the prize-giving as much Company's office might be removed to my office. gratified by what he saw of the School. I said that to Mr. Barretto.
The only question remaining to be dealt with' His lordship sald-The first of these suite is asked for until the 10th March when is that of sent. The only evidence on this point to recover the sum of $490.15, composed of: est $100 was nald. No letter or cheque respecting is parole evidence, and that scanty and confet money entrusted to the defendant. $180.00; and, that payment has been produced. On the othing, as will appear from the following extracts,
Mr. Hancock says, I claim rent now, board and lodging, etc., at the Shameen Hotel, March 1890 Mr. Hancock writes. nu follows 20 110.15. The second suit is for the sum of "Shameen Hotel Dear Mr. Barretto. I shall be because the Company has had the use of my $541.15, balance due to the plaintiff as the much obliged if you will favour me with a cheque office, my furniture, and servants. I had ↑. defendant's architect for professional. services, for $400 on account of my services on the above.
conversation with Mr. Rodyk: I 'mentioned fees and charges and for rent due for eight | You will remember that my account was passed to him the rent, he said he gave his months for part of the plaintiff's premises, by the Director in November last and since' office_rent free. I said that was no reason Beaconsfield Arcade, occupied by the defendant; there have been some further charges." Across why I should give mine rent free; that I was Company from 1st March, Boo, to the oth this letter is written by Mr. Barretta: "Paid $100 not interested in the Company. I never October, 1890. With the consideration of the on account cheque on 31st March 1800,"And told Mr. Fraser-Smith that as I had a great deal first suit it is not necessary to proceed, as the
to do with the Company and as I had a spare on the account forwarded by letter of the 16th plaintif Hancock has in bis account admitted November 188 and amounting to $400 isdesk it won'd save me a great deal of trouble if the sums claimed from him by the Hotel Com-written :-"Pild cheque 31st October 1889, $100; they came down to me. It was a great incon pany. The sum of $341.15 claimed by Hancock pild cheque rith March 1890, $100 pald venience to me having the office there. I never is arrived at as follows :-
cheque ist March 1890, $100. The first offered the office rent free. I had to take Amount of account for fees and charges payment $100 was not in respect of account bat another floor into the office to enable them to up to the 11th September, 1889.......$490.00 for an iron column. Nothing further was done come. It was loug, before Mr. Da Roza came Amount of account for similar fees and
in respect of this account until the 31st Oct., that I spoke to Mr. Barretto about the rent. charges from 6th October to 29th Dec. 681.40 1890, when Mr. Hancock seat the following letter:-"Shameen Hotel-Dear Mr. Barretto,— Total.......... 1,177.30 There being still a considerable amount due me Deduct: Received by cheques, $500; for services for the above, I shall be much amount received for purchase of fittings, obliged if you will ask the directors to favour $380; amount due to Hotel, $110.15. 990.15 me with a cheque on account, say $300. P.S., You will remember that there is a balance due 181.16 on account delivered for services up to the seth Add: Rent of office as above............................... 160.00 Sept., 1889, betider my charges for supervision and attendance etc., since." At the bottom of this 341.15 letter is written by Mr. Barretto or by his ordern; The chief items in the first account are: 2 Mr Hancock's account dated 16th Nov, 1889, journey to Canton with Directors, $112; plans $490; cheque paid. him 31st Oct, 1889. $100 for Hotel on Ice House Plot, $150; fees in con- do. 11th March 1889, 8100; do. 21st March 1889, nretion with altering the Concordia Hall, $120 $200; balance due, 300, 31st Oct. 1890 cheque With respect to this account the plaintiff con- for $100 on account." On the 16th November 1890, tends that it has been accepted by the defen- Mr. Hancock ways: "1 have seen Mr. Fraser-Smith dant Company whilst the Company states that and now send you amended account as approved I had never been accepted, and if accepted, it by him, please send in cheque." This letter was was so in full satisfaction for all services ren- placed before the directors and no answer in dered and to be rendered up to the onesing of sent or any objection taken to the statement the Hotel. The evidence on this disputed point therein contained. On the roth March 1890 a is as follows:-The plaintiff on the signing of sum of $100 is paid on account; no answer is the contract for the necessary alterations to seat to another letter of the 20th March stating Concordia Hall rent the following letter to Mr. that the account of $495 had been passed by the Barretto, the Secretary of the Company-directors, and no repudiation of the statement "27th September. 189-As it is customary is made that other charges. had been since to make out architect's' changes to date of Incurred, but a cheque for $200 is forwarded. signing contract I have now the pleasure The same silence is kept in respect of the of inclosing herewith a menso. of the same." letter of the 31st October, 1790, although it The recount as sent to with that letter says "you will remember there is a balance amounted to $650. 8x10 hay ng been charged due on account delivered up to 20th September far plans for the Hotel on Ice House Lot. 1889 besides my charges for supervision and Against this item Mr. Hancock had placed an
attendances since," although according to the enterisk, and at the bottom of the account had Secretary's memorandum they had already paid written: "This is the schedule charge am $400 on this account and they then forwarded entitled to make, but I propose to reduce the another $700. Following, the principles laid down in Gaskell v. Skene 14 Q. B. 664, Richard- son v. Dann 10. B. 218, Lucy v. Mooflet H and K. 229. I can come, to no other conclusion bat that the acceptance of these letters and the payments made in compliance with the requests for money therein contained constitute admission that the account as amended had been accepted and approved by the Directors. I accordingly allow it. The second account, deduction being made of a balance of $100, dua on the rst account, amounts to $681 30. This sum is made up chiefly of 111, a charge of $50 per visit for seven visits made to Canton, $150; and, a sum of $120 før plans and specifications for the annexe; 3rd the sum of $125.96 commission for supervision of alterations to Concordia Hall The only item seriously contested is that of $330 for the visits to Canton to inspect the works. Mr. Hancock states that ho informed Mr. Rodyk that he would charge $50 for each visit, that he would not go under that figure and that Mr. Rodyk agreed. Mr. Rodyk asked him what he would charge and he said $50; he had no other interview conversation with any other person about that charge. But be states that Mr. Fraser-Smith mentioned it incidentally over a game of cards on the way up to Canton on one occasion, Mr. Rodyk swears that no agreement was made for the payment of $50 for each journey. Mr. Hancock has not called any evidence to prove that it is customary to make such a charge over and above the percentage on the amount of work done or that such change is fair and reasonable. Mr. Danby, who was called for defendant, says Seven per cent is the usual charge for altering buildings. I have never got, 73 per cent. I have never received any money for visits to Canton. I have done work there. I have never heard of a charge like that being made.. I never got an extra 21 per cent. for work in Canton. I receive nothing extra for work in Canton." Mr. Barretto says "There was no agreement as to the amount Mr. Hancock was to charge, but I suppose there was a tacit agrees ment that he was to get the usual architect's charge,"
Game
Item to
WAL
by roo, making the total charges $550. This account was duty submitted to the Board of Director, Mr. Fraser-Smith says that this account had been brought before the Directors and thrown out by the Board. They objected to the item of $uo for work not done. Mr. Han cork and Mr. Pitman came to his office one alterncon and after some conversation about Mr. Hancock's right to make this charge Mr. Fraser-Smith and he thought Mr. Hancock had taken a great deal of trouble in the matter and that if Mr. Hancock would reduce that
$150 he
prepared to recommend to the Board to pay this Bill provided it was understood that this pay ment of $490 should cover all the charger In connection with the Hotel up to its opening, that he was ready to recommend this to the Board, that the Sigo was not in substitution of the $310 but they wanted to pay Mr. Hancock $190 and get rid of all his charges. Mr. Fraser- Smith said he never made any recommendation to the Raud. Mr. Rodyk says that the Directors objected to the whole of the bill of $550. Mr. Barretto, who was Secretary to the Company, says that the Directors strongly objected to the Account of $550. Mr. Hanerek sald that after be had sent fa his account he had an interview with Mr. Fraser-Smith who asked that the items of $310 be reduced to $150 as the work had not been done and as he was doing other work for the Board; Mr. Fraser Smith told him that the Directors had approved of the account subject to the reduction above mentioned. No other items in that account had been objected to. bir Hancock on being recalled said that there was no condition attached to his acceptance of $490, that he would not have accepted this amount fo payment of all his fees, because in that account he had charged only of the fees he was entitled to in respect of the Concordia Hall. It will be een that Mr. Hancock's account of that later view differs entirely from Mr. Fraser-Smith's. From the letters which passed subsequently and to which I allude further-on-and-from other circumstances connected, with the cass I am inclined to receive Mr. Hancock's version as the correct one, the more so as Mr. Fraser-Smith's recollection of what took place in reference to the plans for which the sum $310 had been charged is evidently at fault.
or
Such being the evidence on this point I cannot in presence of Mr. Rodyic's denial say that the plaintiff has proved to my satisfaction that there was any special agrement for these visits, the more so as I do not think it probable that Mr. Rodyk would have consented to allow Mr. Fraser-Smith in his evidence says: $50 per visit without some understanding or Mr. Hancock inspected the site in company limit as to the number of visits likely to be with Mr. Pitman and myself and without made. There may have been some conversa any hesitation whatever Mr. Hancock came tion about the special visits. The two visits to the conclusion that it was not fit allowed in the first account were apt for super place for Hotel. There were no plans vision of work on the price of which a percentage furnished for the Hotel. I have never seen or has been allowed. They therefore belong to a beard of any plans in connection with the Ice diferent category, and I cannot from their House site. He was not asked to prepire any having been allowed in the first, account imply plan because as soon as he saw the place be that the charges for different visits were to be said it would not do for the purpose t
allowed. While disallowing the charge for visits attention examine the work done at Concordia Hall I lil blown its respecting the licence and a fee for attending Morus. Pitman and Rodyk and adriasing about futings, etc, alter, the work had been completed Mr. Robinson has admitted
i,
quently oiled. In the tetters of Mr. Hanbok mentioning these, plans, as having been, sent in, and also the minute of the meeting of the Board of Directors daled the 19th August 1889 in which Mr. Hancock as this to be reasonable, Alked to prepare to be built on the
This is all the evidence on this point. Mr. Rodyk says he was present only once when there was any conversation about rent namely at a meeting of the Board of Directors of the Marina. I presume the secretary of the Board was Tresent. Mr. Freser-Smith also speaks only of one conversation about rent. He says Mr. Rodyk and Mr. Barretto were present, and therefore it must have been the same occasion as the-one-mentioned by Mr. Rodyk
Fund, with the amounts, are appended to sf The names of the donors to the building
report. The Commiites take this opportunity of most warmly thanking all who have contributed to this Fund, and will be glad to receive further donations, as in addition to the new work to be carried out, much will have to be spent on the old building in repairs, and in-levelling the new playground. The plans, specifications, and estimates of the new wing have been laid before -the Geremment for approval, and it is hoped that the commencement of the work will not be Tong delayed. A sum of $213 was contributed by former pupils of the School
The thanks of the Committee are due to the Rev. G. H. Bondfield and the Committee of the Union Church for an offertory collected after an appeal to the congregation on behalf of the Home, and to the Hongkong Choral Society for the proceeds of a performance.
Thanks are due to Colonel Chater 'for' tickets
in the City Hall; and also to Mr. A. Hall, of Liverpool, for a donation of £1,100, in reduc- tion of passage money of the Third Master.
Mr. Barretta does not remember it. He says When Mr. Rodyk left D'Aquilar Street Mr. Fraser-Smith offered us a room in his office rent free. This was at Peddar's Hill; we went there but alter 10 days or a fortnight it was inconvenient for the Company and for Mr. Fraser-Smith. Mr. Hancock then offered a room in his office." Remark he does not say "rent free" as he does in Mr. Fraser-Smith's case but he adds ."1 was under the impression that it was rent free and when asked from what he gathered that Impres-admitting the boys to see the Assault-at-Arms sion he says, "I was under that impression because the Company up to that time had not paid any rent either to Mr. Rodyk or to Mr. Fraser-Smith." Evidently then Mr. Barretto bad no recollection of any conversation in which Mr. Hancock had offered his office rent free. But even if he had made that offer as related by Mr. Podyk and Mr. Fraser-Smith It was before the offices went to Pedder's Hill, the offer was not accepted and it is clear from the evidence of Messra. Fraser-Smith and Rodyk that it was not renewed. Mr. Barretto agrees with Mr. Hancock when this latter says "Mr. Barreto complained scilously etc. "I said the Company's office might be removed to my office. I said that to Mr. Barretth." Now Mr. Barreto has told os that nothing was said about sent being free. Mr. Hancock says he never meant to give the office rent free or imply that it was to be rent free nor did he ever say anything to lead any one to infer that his fatention was not to charge rent, that be had no reason or motive to give the office rent free.
I take the point that even if Mr. Hancock at one time offered his rooms rent fres that offer was made only once and Dot Accepted that the Company then went to Pedder's Hill and subae. quently Mr. Barretto came to Mr. Hancock, who The said "the Company can come to my office. parties before me are fighting for their strict right, and I have to decide whether, the facts being as I have above found them to be, the plaintiff can claim for the use and occupation of his room.
It is satisfactory to find that the fanucial year of the school, ending 31st March, closed with a small but favourable balance instead of, as last rear, with a deficiency. This could not have been the case but for the annual subscriptions so kindly contributed by many firms and private individuals in this community. The report of the Head Master given below, shows that much good work has been done. The charitable workz of the Institution is also not small. At present there are six free boarders and four free day scholars, as well as 15 boarders and 24 day scholars on reduced fees. As à good educational and a charitable institution, therefore, the Cam- lites again confidently appeal for a con- tinuance of the kind help so freely given in the past.
Boarders.
Exination.
Europeans....
CLASSIFICATION.
יי
Day Scholars.
Boys Boys Giris. Together.
Eurasians.... 41 Asiatics...... 14
14
Total..... 62
39
53
Total.
24 47
35 49
$8 120
-?-
THE HEADMASTER'S REPORT FOR 1890. Mr. George Piercy writes :----- It gives me great pleasure to be able to report that the conduct and health of the inmastes of the Institution have been very good during the past year; there has been very little sickness for so large a bomber of boarders. Some accidents have occurred in the play ground for the first time in many years two boys fell and broke their arme, and one boy, in landing from the bathing faunch, slipped into the water, but was none the worse for bis involuntary bath. Our best thanks. aro again due to Drs. Ayres and Aikinson for their kind attendance,
A contract to pay a fair compensation for use and occupation is implied by law from the fact that Inds, etc., belonging to the plaintiff have been occupied by the defendant with the plaintiff's permission, the amount of the compensation depending on the value of the premises and the duration of the occupation. An implied contract is of course negatived by an express agreement on the same matter. The mere fact of the plaintiff's ownership of the land etc., and of of defendant is sufficient prima facts: evidence of a contract to support this is the institution was opened in January action-Heller v. Silcox, 19 L. J. Q. B. 195, 1870, we have been before the public for 21 Churchward . Ford, H. and N. 446, Howarth years, and the steady progressive increase and Shaw, 8. M. and W. 118. To the case numbers and eficiency has culminated, on the of the Dean and Chapter of Rochester occasion of our coming of age, in one of our
the
Ingly to be submited and plans accord. of $120 for plans and; specifications for the for use and occupation does not necessarily on open to the Colony, the very „Valuable.
would have been suficient for
three:
The Inspector, adds to his report-Military pleasing appearance of orderliness, smartness.
delt appears to have given to this School and alacrity bathness as to discipline or want without producing, ao far, any symptoms of
By Offertory at Foochow Church, per
Rt. Rev. Bp. Burdan.... Bank Interest to 29/4/95-
36th April, 189t. By Balance brought dow...
E&O.E.
B4.80 .11871
$4,200.38
$,200.39
J.J. KKawick..
Hon, Treasurer. Hongkong, 30th April, 1891, -
- The annual subscription list for 1890-91 totals $1,250r and the subscriptions to the Building Fund $3,455+
4+
REVIEW
THE PHILIPPINE ISLANDS.""
At a time like the present, when hardly a *quare inchief) accessible,tertitary.remains
(se far as we can gather) accurate account of the unvisited and undescitbed, it is somewhat a matter for surprise that a concise, critical, and magnificent archipelago which constitute the Philippines should only just be avaliable. Such
of cheerfulness on the part of the boys."
The Second Master, Mr. Machell, has again rendered most valuable help in all ways, but more particularly in the drill and in the formation at his own expense of a school drum-and-file band (carefully destructed by Mr. Lowrie, formerly bandmaster of the 38th Regiment) There were several changes in the appointincnt of Third Master. For some months Mr. Barlow, m of the Victoria College, 'ably nailsted us, but for some time we were without a Third Master, until the arrival in November of Mr. T. W. Hall, an experienced teacher from the Worcester Royal Albert Orphan Asylum, who was selected and sent out by our Hon. Secretary, the Rev. W. Jennings.
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one is this under notice, and it well repays examined, from the fact that it was penned in perusal, although the work auffers, when critically- broad, free-thinking spirit, and has been emended and distorted to coincide with the Catholic tenets embraced more recently by the author, who, in becoming the apologist of the priesthood, *** sacrifices to a very considerable extent his freedom to attack the rapacious: Orders under whose banefubiinfluence that distressful Colony is a bot-bod. of vice and. venality. The com prehensive nature of the books, as described on the title-page, must therefore be narrowed down.
l...
During the Inst six months some boys its limits, and regarded more as the Im-: pressions of an Englishman who because, or were placed in situations, but continued to rather in spite of his semiadorion of the live in the Institution, nad considering the Spanish tongue, manners, and, opinions, has temptations that surround youths in the Colon wesented. s ro dable grount of researches inte it is well to encourage old pupils to regard the history of the Irlands, their Inhabitants, and thot School as a home, where they, will be welcome and have every reasonable liberty, thele conquerors, from, a by-stander's point of In the plans for extension, suitable provision. It is difficult to decide which is the most. should be made for such boarders. We continue interesting portion of the book--in its coa pagra to pay $50 a month rent for. Priory Lodge for there is something to entertain and instruct bedrooms, but a growing Institution with early every class of reader. Much that the au bor 70 boarders and so day-scholars, and En says of the city of Manila will be new to even annual Income of nearly $10,000 from fees and those who have resided or visited the place, hat Government grants should have more extensive the descriptions of native life are undoubtedly premises. Our class-rooms are also indequate, the freshest and most instructive. The purpose A Building Fund was suggested two years ago of the writer bas evidently not 'been that of by H. E. Lieut-General Cameron. The Hoa. screening the Impotent, avaricious moh' of A. P. McEwen gave us a handsome start last officials who are supposed to constitute the prize giving, and we have now received $3 338.14 Government of that glorious province, but even towards the $4.000 Mr. Mcksen asked for, in he has hesitated to say all that is whispered order to meet like sum of $4,000 from the concerning the abuses and commption that exist, Government under the provisions of the Grant-in- but which never by any chance see light in the Aid scheme.
down a piala unvarnished record of the cause Press. It is a pity, too, that he omitted to hand labra between the Hongkong and Shanghai Bank and Jurada & Co...
The Acting Colonial Chaplain (Rev. H. E Taverner) examined the school in Scripture, and reported: "Some of the papers are very good, and'all, with one or two exceptions, are up to 'a
Meats, Jackson, Purcell, G. Sharp, Ho Tung very fair standard."
Our best thanks are due to Hon. J. J. Keswick, and Ho Fock for contributing the prizes.
HONOURS WON BY PUPILS DURING 1890. Hongkong Government Scholarship, 1890-1894.
£100 for 4 yrs, with passage to and from England, F. Sonthey.
Oxford University Local Examinations. Senior (with title A.A.) J. Toppin. Tuniors: H. W. Lapsley, with honours in English (23), and Religious knowledge (16); R. Lapaler, with honours in English, (54) F. H. Benning. T. Cock, C, Wanderleach.
as
It would be unfair to Mt. Foreman to quote
cluding words:
copiquely as we could wish, so that we must content, ourselves with simply giving his con-
"Happiness is merely comparative: with a lovely climate continual summer-and all the absolute requirements of life at hand, there is not one-tenth of the misery in the Philippines that there is in Europe, and none of that forlorn wretchedness facing the public gaze. Beggary-- that constant attribute of the highest civillation las yerin Its infancy there are only some decrepit professionals who have been thriftless in their youth and know that Friday is alms. giving day. Still this exists only in the most Europeanized centre-Manila. Suicida extremely rare, and even the few mendican's one meets seem gw and cheerful in their way. The hospitality of the settled Spaniards and Tagalog natives la the provinces in s anvel but charming experience to the traveller, for there is nothing to be compared with it in Europe. The. tourist, of a genial and forbearing disposition, can roam through half the Colony without heed for the morrow. There is yet a million acres of 401.93 virgin anil, only awaiting, the co-operation of
Belilios Medal and Priss Examinations, First Prize $10, with Silver Metal, F. Southcy; Fifth Price, $15 T. Cock.
IN ACCOUNT CURRENT WITH J. J. KESWICK, HON, TREASURER. Dr. April 1890 to March 1891. To Balance from last account...
paid Salaries of European
H
#
TP
11
Mastera.............$1,730.92
Benua to sama....... 1,020.00 PassageofgrdMacter
from Liverpool..... 359:21
Salaries of Chinese Master... Wages..........
for maintenance................................. Clothing........................ School material................................................ Furniture and repairs. Sundries.......
Fees for Oxford local examin- ation for a pupils
H. & S. Bank interest on ovCI- draft *****
for Fire Insurance to July, 1891 (,,_Amount transferred to Building
Fund (being part of donations).
Pald one year's rent 'of. Priory Lodge to 31/3/91.600.00
less rent from Church Mir
By
sionary Society 6mouths
to 31/3/91................ 180.00.
Balance of Steam-faunch Fund
(bathing)...
Prize Fund..... canded down.....
husbandman and capitalist to turn it to lucrative account. The first refread, now in course of construction, will probably lead to the making of others and render access to the shipping ports easy. The laws are quite mild enough- 4,041-13 la the want of strict adhesion to them, and of 168.00 precision and prometitude, in their dispensation 858.00 which operates adversely to all but the clique fa 4,011.89 office.
475.09 If attention weis given firstly, to the 421.87 construction and preservation of high roads and 350.56 Public Works in the provinces; secondly, to 59.03 the simplification of Legal Process thirdly,
in
to the establishment of Summary Courts of 14.00 Justice fourthly, to a limitation of the number of native pettifogging lawyers; italy, 16.06
to the Increase of the Clell Guar 32.10 sixthly, to the expenditure of Fondos locales within the locality of their collection; 50.00 seventhly, to the concentration of Taxes 1
eighthly, to the abolition of Customs Houses niathly, to the liberty of the Press with certain defined restrictions and tenthly, to the limitation of the Friars, dulles to their qualification as defined by the Council of T. at 420,00 | | ==this Colony might, era long, rank in importance
with its neighbours, or nati: DANA.
2.20 3.23
The Philippina Talzada, a Historica, Geographical Ethno- 294.30pical Social, and Commercial Sketch of the Talipping. ·
Archipelags and Its Political Dependences, By John Foreman, F.J.G.B. 1 vol Kelly & Walsh, Limited.,
$11,630.33
April 1890 to March 18gr. donations as per List...........$1,250.00 ‚ reod. Grant-in-xld from Government, 661.00, Government bullding grantóð 355.00.
H
EN A
#· from Cathedral offenóry Sajo :
from St. Peter's offertory 30
GHEFOO...
(FROM A CORRESPONDENT.) amationen en de May 70th.
The Chinese gun-vessel and transport Talan, with Sheng Total on board, arrived here quite 280.00 unexpectedly yesterday morning and, but for the 8,933.29 loss of one of her, anchors, and so fathoms of for sale of schoolmaterial..... 151.04 cable, evidently very line the worse for her
School fees...
E&O.E.
recent rough experiences, The steamship $11,630.33 Kwangekh, whose departure to Keren WAS mspecially postponed, bad been despatched the previous evening for, the purpose of picklog up KESWICK, A Hen Treasurer, Talas when only a few hours out, she returned. the Taotel at Lalchow Fu, but meating the
to port.
Hongkong, 31st March, 1891. April, 1891-By balance brought down $294-33
th
T
700.00
contradictory parole evidence respecting, the In the second account, therefore, I admit the covenant for rent in respect of the sild use and onours 'in competition with English boys973 February 1Ego, to 30th April 1891, "
n
I hear that the Sisters of the Roman Catholic convent here will shortly assume the entire
a change which is sure to prove satisfactory, and, which will also no
cd control of our local foreign
doubt be the means of inducing patients from Shanghai and Tientsin to patronise the Institu tion during the summer months, where, in addition to that kind sud; attentive nursing for which Roman Catholic nuns devoted to hospital work are so deservedly famous, a cool salt brosze -$4,200.38. | and healthy surroundlags may be obtalaed.
It is rumoured that, these enterprising Sistern $4,200.38 intend establishing – laundry at an early date with a view to gistaining the patronage of the By donations as per list...$3.455.00 foreign community. No doubt, residents will be
Grant from St. John's Cathedral, per Rev. W. Jenningtoninigummoi Performance by H.K. Choral
Society, per R. Lyall, Eigi Offertory at Peak Church, per Rt.
Rev. Bp. Burdon Offertory at S. Peter's Seamen's Church per Rev. A. G. Gold.
with all possible despech. annexe. The company admit, that the plaintiff imply any demise. It is enough that the Mr. Fraser-Smith also objected to the charge for was asked to prepare these plans and that defendant used and occupied the premises by Government Scholarship of 200 a year for 4 years, which will enable him to study for the plans for the annexe. He said, for the annexetenders were received for the work; the only permission of the plaintiff." See also Woodfill's profession in England. In July seven boy FUND IN ACCOUNT CURRENT WITH J. J..........
THE DIOCREAN HOME AND ORPHANAGE BUILDING We received no plana. I have not seen any question is was specification prepared? In Landlord and Tenant, pp. 553, 554, 557. Any entered for the Oxford University Local Examins- plans for the annexe,” whereas Mr. Hascock in prescace of the plaintiff's evidence, and of the tenancy as between plaintiff and defendant tion, and six passed ; one in the Senior Raisins.
KESWICK, HON. TREASURER," his letter of the 12th November, 1889, says he fact that Genders were received. I'am of opisina (coupled with entry or possession there under) isition, thus attaining the tile of Associate in Arts Dr --goth April, 1891 sends herewith plan and tender for the nonex 150 With respect to the item of March roth, a tenancy on sufferance
one was prepared and I therefore allow rufficient, **. gr. a mere tenancy at will or even ||(A.A); five in the Junior Examination, and To Balance carried down, viz.-- and servants' quirters; and the reception of this letter and of the tender is mentioned in the attendance at Board meeting after all the Flowing these price for the plaintiff, had distinguished: H: W. Lately was 33 Oriental Bank Fixed Deposit.
or as a Junior over age. Two were specially Oriental Bank Currentia Asi
Account ...........................$3,500.38 inute of the meeting of the directors of 10k ('the plaintiff is entitled to a fee for the time taken there been pleadings entered in this case, to have 17gish, and 76th in religious knowledge i
works had been accepted, I am of opinion that 19th November, Mr. Fraser-Smith, being, pra
Lapsley was 54th in 'English.""' For' boys' who'
14/8/91 sant at the meeting. Mr. Rodyk, one of the inaltending the Board, and allow the same sum, alleged the use and occupation by the defendant could not speak English when they first entered Directors, says that preliminary plans were asked vi, 35, charged for an attendance on January company, with his permission, of his offices in the school, to win the 13td, and 54th places in the for building on the Ice House plot, Such is the 997
Beaconsfield Arcade, that there was no expreSH
England, is certainly very creditable, occupation, and that $ad, was a fair and reason-:
In former years we were troubled with well-to. do Chinese youths, who paid one month fee, 5.03 Defendants in order to meet such an action attended school for a few days, and then left to 5.00 would have been obliged to plead and prove anwhile away their time elsewhere. To save book. 12th, Plans etc. for annexp.120.00 charged. I have above stated that they have lers, the fees were made payable quarterly and sgreement that no rent was to be keeping and discourage auch unsatisfactory the Detail for overmantel 5.00 Dec. 101, Fortmonnection wirkpbtaining and therefore I am of opinion that the plaintif accommodation and low fees, at the Victoria not proved mach an agreement to my satisfaction. in advance. This arrangement and the enlarged licence, and expenses poemas 31.00 22nd, Expenses of misli to Canton, 6.00 entitled to charge zest, Mr. Barrello, who College have reduced the names on our roll from 33rd, Purchase of grater. 5.00 occupied this office, has said that $25 war's fair 143
43 to 138.But notwithstanding this, the Jan, Stry 1880, Expenses of visitestone: 600 and reasonable au crefore, allow the average attendance on ke 48 schooldaya kar 18th, 1889, Expenses of visit - 6,00. Pislatiff's claim will therefore be risen from 8864 to 94741 79 chidren had been soth Attendance at Board Meeting.... 5.co admitted as follows:-
resent the 200 days, required by Government 40.00 one boy of weak intellect" was not exardirad All Items admitted ja 330 secountry ("jogo'l one day-chotar was abson, 'op Kocyin
A
Receptance of this first account. I ll now fallowing items --- Consider the written evidence. As we have seen. Det, háth, Expenses of visit to Canton ... 6.00 able sum. already Mr. Hancock sent in his account on the Past, Preparation of plans. 27th September, 1889) on the 36th October the Nov. 6th, Expenses of visit Secretary, wrote as follows. "Dear Sir,-As the Directors require a little more time to consider. the different ltems in your Recount made up in the 20th plio, for $550 I am directed to, inform you that should you require any payment on account of the same they will be only too pleased to send you a cheque. Regarding the Blings required as per your letter of the 15th fant, they are optalon that if porrible, the aricies should be pölained here, à, The Interview with 15h/ Fyseer. Smith took place on the 15 de Bioromba and vi
Fab, and Attendance at Armstrong and 2.00 Previous recona! ........
only too glad to avail themselves of the oppor 350.00 tually of having their clothes washed under experienced foreign supervision, but it is highly" 58.21. improbable that the nalivo, drobtes will calmly jo submit to be ousted without a struggle on thele 80.10 part to retain the business, which is, of course, at present entirely in their húnds vegar pd Captain J. Atkins of the Take Tug and Lighter Cold was on his way, dooma Tientsin to iLess, Amount transferred to and un- Salinghil for medical advice, as landed here
General account.
anden on Monday night in a rapidly sinking condition Amat 50sa and died on Tuesday morning: His funeral tools Offertory at Union Church, per avere place lust, evening at 5 o'clock....N. C. Dusty
G. H. Bondfeld
Sysmith
30.00
103.002).