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notios to quit, no reasons being state. When he came to leave a discussion arose regarding outside expenses defendants offering $20 and subsequently $35 for over two months. He did not know that the quarters were ready on the 6th July. His ricksha expense in connection with his work amounted to $50 over the time that he lived outside. The balance was for quarters; he stayed in Morrison Hill Road. His Lordship thought the question of ricksha expenses might be put aside. It was absurd; he had never heard of such a thing here.
Mr. Harston stated that if the plaintiff had not taken a ricksha he would not have been able to go on with his work. It was to save his employers' time that he took a ricksha.
Cross-examined-His expenses were $80 a month. During the time he Was with the firm he lived at 21, Morrison Hill Road. The house was furnished. For his board and lodging he actually paid $65 a month. He had a room to himself. He did not know the rent of any of the houses in Morrison Hill Road. He had never occupied a furnished room in Hongkong except in Kowloon Dock, where he was allowed a house free. When he saw Mr. Kidd previous to entering the employ ment of the firm Mr. Kidd stated that he would make an exception in his case in the way of giving him a room to himself.
Re-examined-He had asked Mr. William; if the quarters were ready but had declined to occupy them when he found that he had to share his room with another man.
C. F. Ocken deposed that a fair allowance for an unfurnished room for a man in plaintiff's position would he $40; for a furnished room $60.
Cross-examined-He had been in Hongkong since 1882 and lived in Knutsford Terraces. His house was let at $85 a month, including taxes, unfurnished. The houses there had four These same honses were let at $110 although he was not paying that rent. He had not lived anywhere ou the Hongkong side except the Hotel.
rooms.
D. Baldwin, foreman fitter in Kowloon
Dock, stated that when he joined the Company they were not able to provide quarters for him and he stayed at Connaught House, where the bill came to $80 a month for his room and $120 a month for board and lodging. He would certainly allow the plaintiff $60 for a furnished room, He had lived in Morrison Hill Road about three years ago. He paid for his house there $65 a month, including taxes.
That was in the same row that the plaintiff resided in, It had four rooms. He
considered that if at the present time he got board and lodging for $90 a mouth he would be well off.
THE HONGKONG WEEKLY PRESS AND
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R. M. Boyd, marine engineer stated that he was presently employed by a Chinese firm. he had been formerly in the Scottish Oriental You could not get a room unfurnished for less than $3 a day. For a man in Mr. Alexander's position he would say that $25 was a fair allow- ance for an unfurnished room. You could not get a decent furnished room for less than $80 ▲ month.
Cross-examined-He had an unfurnished room in Wanchai for which he paid $21 a month. Mr. Harston said that that completed his evidence.
Mr. Grist, in opening his case, stated that the quarters were ready on 6th July and the plaintiff could have gone into them then but chose to do otherwise. For one and three- quarters months they offered an allowance of $20 a month which the plaintiff refused to accept.
W. Kidd, of Messrs. Punchard, Lowther & Co., deposed that he did not when he engaged the plaintiff make any arrangement that he should have a house to himself. The plaintiff made an objection against going into house with another and witness said he would be treated exactly the same as the rest of the firm's employees who occupied these quarters. Plaintin asked for a room for himself. Wit ness told him that he could not promise him that but that he would be treated exactly as the other employees were. Plaintiff got a salary of £30 a month. The other European em. ployees got from £25 to £30 a month, so that plaintiff was not asked to go into quarters with navvies. The quarters were ready and were occupied on 6th July; they were open to plaintiff on that date.
others.
Cross-examined-He did not induce plaintiff to believe that he would have a room to himself; he simply told him that he would be treated the same as the other employees who were going into these quarters. Plaintiff asked him if he might have a room to himself in the new quarters, which were then in course of erection. He replied that he would be treated like the He did not say that plaintiff would bave a room to himself. He thought that Mr. Alexander was not du any distinction from the others, except the leading foreman. It was unreasonable for the plaintiff to ask for a room for himself. He considered $35, the sum offered, a fair amount in lieu of quarters. Mr. Alexan- | dor was passing the quarters every day aud meeting the other employees so that there could be no doubt, he presumed, that Mr. Alexander was aware of the fact that the premises were ready for occupation. He was not aware that the Dock Company allowed Mr. Alexander a room to himself. The present quarters were furnished and they chared the occupants 810 for the furniture.
T. Spafford, store.k.eper with Messrs. Puuchard, Lowther & Co., deposed that he lived in St. Francis Street and paid $30 a month for two rooms on the second floor.
Coss-examined-He could get rooms for the same amount in Queen's Road East.
B. Clarke stated in evidenc, that he had occupied two rooms in St. Francis Street at $34 a month. At present he was living in rooms which cost 38 ) a month. His salary was from $360 to $400 a month.
The solicitors on each side having addressed the Court,
regard to the ricksha hire-
His Lordship said that with first part of the claim-that for he had already given his opinion upon it. He had never heard of such a thing. If that were allowed, a man might go and live at Stanley and charge his employer with boat-hire, or something of that kind. He had never heard of a ricksha being allowed in a case like this. That was 850 off the claim. With regard to the room, he was perfectly clear that the He allowance was for an unfurnished roɔm. was certain that at Morrison Hill one could get a room for $2 a month unfurnished. Therefore he did not see that there was any room for the plantiff's claim for more what had been offered. Judgment would be for the defendants Plaintiff' would get his costs up till the date of payment into Court; defen: dants would get their costs after the date of payment.
The Court rose.
"
Thursday, 28th August.
than
IN APPELLATE JURIDICTION.
BEFORE THEIR HONOURS W. MEIGH GOODMAN (CHIEF JUSTICE) AND A. G. WISE (PUISNE JIDGE).
CHAN CHI AND OTHERS v. WILLIAM MURISON.
In these two cases Chan Chi, Li Sung Chung. and Lai Yiu appealed against the judgment of the Police Magistrate, delivered on 4th July, by which they were convictel of keeping a gaming-house and sentenced to heavy peualties, the ground of appeal being that the conviction was erroneous and the evidence did not warrant a conviction. When the cases were originally called, Mr. E. H. Sharp, K.C., barrister-at-law (instructed by Mr. G. K. H. Brutton, solicitor), appeared for the two first appellants; Mr. M. W. Slade, barrister-at-law (instructed by Mr. F. X. d'Almada e Castro, solicitor), for the third defendant; and the lon. Sir Henry S. Berkeley, Attorney-General (instructed.by Mr. H. L. Dennys, Crown Solicitor), appeared for the respondent. The cases had been adjourned to allow the notices of motion to be put ia proper form. There was no appearance, however, on the part of the appellants.
The Puisne Judge -I see you have got the Court to yourself, Mr. Attorney.
The Attorney-General-Yes; I understand that my learned friends' absence is due to the fact that they do not intend to appear.
The Puisne Judge-But I think they ought to appear.
The Attorney-General-I understand that Mr. Slade is not well.
[August 3a, 1902. The Puisne Judge-But surely some noti- fication should be given to the Court.
The Attorney-General-Some one shon'd be here, most decidedly. No one appearing, I ask that this appeal be dismissed with costs.
The Chief Justico-The case was fixed for a day to suit the parties, and as no one appears the appeals must accordingly be dismissed.
The Attorney-General-In any cise your Lordship, I understand that Mr. Sharp did not intend to appear. Two letters, dated to-day, have been received by the Crown Solicitor.
The Paisne Judge-I think it is only courtesy to the Court that they should be here. They should be here by themselves or else by a solicitor.
The Chief Justice-This was the day set down for the hearing of the cases. No one appears in support of the appeals and the learn- ed Attorney General appears for the respondent and asks that these appeals be dismissed with costs. The appeals are accordingly dismissed with costs. The result will be that the decision of the Magistrate in these cases will be up- held.
The Paisne Judge concurred. The Court rose.
REVIEWS.
The French in Tonkin and South China. By ALFRED CUNNINGHAM, Hongkong Daity Press, Hongkong, and 131, Fleet Street, London. THIS little work, the fruit of a recent visit to Kwanchauwan and Tonkin, supplies a good deal of up-to-date information which osanot fail to prove both interesting and valuable at the present moment, more especially in view of the forthcoming Exposition to be opened at Hanoi in November next. Concerning this very laudable enterprise a chapter is devoted to giving details of the show as it is to be, with sundry illustrations of the buildings. There are sketchy but pleasant descriptions of Haiphong and Hanoi, showing graphically the rapid improvements effected in both towns until, at the present time, the capital of Tenkin will, according to the author, compare_not unfavourably with any city in the Far East. A full account is given of the system of rail- ways inaugurated by M. Doumer, the recent energetic Governor-General of Indo-China, and those in working order are described, and illustrations of them and of the great bridge across the Red River at Hanoi are included. This bridge is 1,680 metres (5,505 feet) in length, one of the longest bridges in the world. It is built of steel on columns of dressed Tonkin, stone. These stone columns, 14 metres high, are built up on metal cylindrical piles, 30 metres deep, which are filled with cament! About 5,000 tons of steel were used in the structure, which consumed 80 tons of paint for its protection. The bridge cost 6,0 0,000 francs, and is certainly a monument of French energy and enterprise. It was opened to trafio in April last. The author, after reviewing the lines in progress or in prospect in French terri- tory, adds that two lines are projected from Kwanchauwan, to reach the Sikiang river; one at Wuchow, and the other to connect at Nanning-fu with the line from Hanoi and Langson. He draws a contrast between the enterpriss of the French Government, which is sparing n ither efforts nor money to tap the trade of South China through its railways, and the feeble efforts made by British officials to check Chinese obstruction to British navigation on the West River and the belated talk of a railway between Kowloon and Canton. While we talk, the French act; yet we are very ready to accuse Frenchmen of want of enterprise! It is time that their enterprise takes a different form, but we might well learn some useful lessons even from French efforts at colonisation in the Orient. The opening chapter is devoted to a description of the new Colony of Kwanchawwan, from which it would seem that the French have not been idle there, for they have created a sanitarium if nothing else. Some statistics of trade are given for the year 1901, which show that there are some imports. These do not, however, appear to include opium, although we know as a matter of fact that considerable shipments are made from Hongkong, a good deal of which no doubt
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