358
year to the foreigner's gun are but a drop in the bucket compared with the enormous quantity shot by natives for market purposes, which is now estimated as approaching 40,000 brace in the year."
East Coast Etchings. By HUGH CLIFFORD.
THE HONGKONG WEEKLY PRESS AND
Singapore: Straits Times Press. 1396. ME. CLIFFORD is a lover of the Malay, as he more than once assures us, but in his "etchings" he throws no glamour over their character or the life they lead. His sketches are not rose coloured, some of them, indeed, being hideous, as, for instance, the " Story of a theft," but they are all drawn with consummate skill, and bright and humorous touches are not wanting. On the West Coast, owing to the changes wrought under British protection, the Malay can no longer be seen "in his natural and un- regenerate state," but "on the East Coast, things are different, and the Malay States are still what they profess to be-States in which the native element predominates, where the people still think boldly from right to left, and lead much the same lives as those their forbears led before them. Here are still to be found some of the few remaining places, on this over handled earth, which have as yet been but little disturbed by extraneous influences, and here the lover of things as they are, and ought not to be, may find a dwelling among an unregenerate and more or less uncivilized people, whose customs are still unsullied by European vulgarity, and the surface of whose lives are but little ruffled by the fever-heated breath of European progress."
It is with the East Coast that Mr. Clifford is concerned. The first chapter is devoted to a description of the country and the second to a description of the people of the different states, who vary much between themselves. The Kelantan man is to the native of Pahang what the water buffalo is to a short-horn." Follow ing the two opening chapters we have a series of more or less stirring incidents illustrating the life of the people. One of the tales is entitled "One More Unfortunate." A feast is being held in honour of a wedding that is about to take place. The bride is in the inner apart. ments awaiting the call to the dais.
"Suddenly a dull thud, as of some falling body, was heard in the house. The women rushed in and found the little bride lying on the floor, with all the pretty garments with which she had been bedecked, drenched in her own blood. A small clasp knife lay by her side, and there was a ghastly gash in her throat. The women lifted her up, and strove to stanch the bleeding, and as they fought to stay the life that was ebbing from her the drone of the priests and the beat of the drums came to their ears from the men who were making merry without. Then suddenly the news of what had occurred spread among the guests, and the music died away, and was re- placed by a babble of excited voices, all speak- ing at once.
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Some months before a Pekan born Malay had come to the Jelai on a trading expedition, and had cast his eyes upon the girl. To her he was all that the people of the sur- rounding villages were not. He walked with a swagger, wore his weapons and his clothes with an air that none but a coast-bred Malay knows how to assume, and was fall of tales which the elders of the village could only listen to with wonder and respect. As the brilliant form of Lancelot burst upon the startled sight of the Lady of Shalot, so did this man--an equally splendid vision in the eyes of this poor little up-country maid-come into her life, bringing with him hopes and desires that she had never before dreamed of. Before so brave a wooer what could her little arts avail.
As many
better and worse women than she have done
end, for she must long have resolved to die faithful to her false lover, though it was not until the very last moment that she summoned up sufficient courage to take her own life with her own hand."
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85
The following extract shows that the Chinese in the country had formerly not a very safe or pleasant time of it. An old raja is narrating to Mr. Clifford some of his experiences:
"I remember once, when I was for the moment rich with the spoils of war. I gambled all the evening in the same house at Klang and lost four thousand dollars. It mattered hot at all on which quarter of the mat I staked, nor whether I staked Ko-o, li-am, or tang I pursued the red half of the dice one chases a dog, but never once did I fetch it. At last, when my four thousand dollars were finished, I arose and departed, and my liver was hot in my chest. As I came out of the Farm, a Chinaman whom I know, and who loved me, followed after me and said, Hai-yah, Ungku, you have lost much to night. That man with whom you gambled was cheat ing you, for he has a trick whereby he can make the red part of the dice turn to whichever side of the mat he willa.' 'Is this true ?' I asked, and he said, 'It is indeed true.'
before her she gave herself to him, thinking, thereby, to hold him in solemn bonds, through which he might not break; but what was all her life to her was merely a passing incident to him, and one day she learned that he had re- turned downstream
Her parents, who knew nothing of this intrigus, calmly set about making the arrangements for her marriage, a matter in which, of course, she would be the last person to be consulted. She must have watched these preparations with speechless agony, knowing that the day fixed for the marriage must be that on which her life would
[April 29, 1896.
December, 1889, the plaintiff at the request of the defendant and of one Lo King Chee lent to Wong Tsik Hing at interest the sum of $10,000,- and in consideration of the loan the defendant and Lo King Chee jointly and each of them severally guaranteed in writing the repayment to the plaintiff of the sum of $10,000 and interest. The money had not been repaid to the plaintiff by either Wong Taik Hing or either of the sureties, although they had been repeatedly called on for payment. At the dato of the loan Wong Tsik Hing was compradore* to the firm of Douglas Lapraik and Co., and the defendant and Lo King Chee were sureties for the due and faithful performance by him of his duties as compradore. In his answer the defendant denied that he had ever requested the plaintiff to lend to Wong Tsik Hing the sum of $10,000 or any sum whatever, and stated that by a written agreement made between the the plaintiff and Wong Tsik Hing the plaintiff agreed to lend Wong Tsik Hing the sum of $10,000, which was to be secured by a pro- missory note from Wong Tsik Hing and guaranteed by defendant and Lo King Chee jointly and not separately for the period of two months only from date and that at the expira- tion of the two months the plaintiff should make other arrangements with Wong Taik Hing and release the guarantors, and that in consideration of the defendant signing as guarantor he was to be employed as shipping clerk in the compradore's office. This agree ment was shown to the defendant at the time and before he signed the promissory note as one of the guarantors. The defendant also stated that the plaintiff, in accordance with the agreement with Wong Tsik Hing and some time after the expiration of the two months, made other arrangements with Wong Tsik Hing concerning the repayment of and security for the $10,000 and Wong Taik Hing repaid to the plaintiff $3,000 and gave him another promissory note to secure the balance of the loan. Defendant further stated that he had never been informed by plaintiff or anyone else that Wong Tsik Hing had not was the satisfied the promissory note, nor defendant called upon until a few days before the commencement of the suit to make good his guarantee in any way. He also stated that the stipulated time of two months had elapsed Why are you sorry for him?" asked Raja and that new and different arrangements had He had cheated me and it was not Seen made between the plaintiff and Wong Haji.
Tsik Hing concerning the repayment and fitting that he should live; besides, he was a Chinaman, and we counted not their lives as security for the loan, and that he was never being of any worth. In Kinta, before Mr.appointed to the post of shipping clerk in the Birch went to Perak, they had a game called compradore's office as agreed and he was no Main China, each man betting on the number longer liable to the plaintiff for the loan or any of the coins which a passing Chinaman carried part of it. Mr. Francis submitted that on the face of these pleadings there was a clear and in his pouch, and whether they were odd or even. Thereafter, when the bets had been distinct admission that the defendant became made, they would kill the Chinaman and count guarantor for the repayment of the sum of $10,000, and that the only defences set up by the coins."
the answer were that there was a special agreement to relieve the defendant of all liability at the end of two months and that the plaintif had been repaid $3,000 and had taken a pro- missory note for the balance. Of course if that were true it would amount to giving time to the principal debtor and would probably release the sureties. In reference to these defences counsel submitted that the onus of proof was on the counsel for the defence and it would be for him to begin in the ordinary way.
"Then I loosened the Chinese Axe in its scabbard, and turned back into the Farm. First I seized the Chinaman by the pig-tail, and my followers gathered up all the money at the bank, near seven thousand dollars, so that it needed six men to carry it, and I then departed to my house, none daring to bar my passage.
"When we had entered the house I bade the Chinaman be seated, and told him that I would kill him then and there if he did not show me the trick whereby he had cheated me. This he presently did, and for near two hours I sat watching him and practising, for I had a mind to learn the manner of this art, thinking that hereafter I might profit by it. Then, when the dawn was breaking, I led the Chinaman down to the river by the hand-for I was loth to make a mess within my house-and when I had cut his throat, and sent his body floating down stream, I washed myself, performed my ablu- tions before prayer, prayed, and went to my bed, for my eyes were heavy with sleep.
1
Kasih-an China !' I said, 'I am sorry for the Chinaman!'"
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They might have done that without killing the Chinaman,' I said."
KL
It is true," rejoined Raja Haji, "but it was a more certain way, and, moreover, it increased their pleasure. But, Tuan, the night is very far advanced. Let us sleep."
SUPREME COURT. April 22nd.
LAN ORIGINAL JURISDICTION,
BEFORE HON. W. M. GOODMAN (ACTING CHIEF JUSTICE),
TSO TOZ KI v. U LAI WOON.
The plaintiff sought to recover $16,600, being money lent and interest thereon. Mr. J. J. Francis, Q.C. (instructed by Mr. Mounsey) appeared for the plaintiff, and Hon. Ho Kai (instructed by Mr. Ho Wyson) appeared for the defendant.
Mr. Francis explained that the action was for the recovery of 816,600, and the claim was made up of money lent, $10,000, interest $6,600. The defendant was not the principal debtor, but was sued as guarantor. The plaintiff's petition showed that he was a gentleman and resided on the first floor of 8, East Street, Hongkong, and the defendant was also a gentleman, residing at 20, Praya Central. On or about the 17th of
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His LordshipYou must put in the promissory note, because they deny it is a several guarantee. You must show it is a joint and several guarantee.
Mr. Francis-I am quite prepared to with draw the words "several," because it is absolutely immaterial. Once my friend admits that it is a joint guarantee I withdraw the allegation that there was a separate guarantee, because. the law is perfectly clear that it is no defence to an action respecting two joint contractors that one of them is not sued.
His Lordship-The defence say that it was not a several guarantee. It is a curious thing and has been made quite clear that if a promis- sory note says "I promise to pay so much and two people sign the note they are made joint and several. If on the other hand the it is only note says "We promise to pay joint, although in itself it seems to say it is several.
Mr. Francis-I admit at once that my friend is correct in his pleading that it
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