Oliver—$14, wages.
An-vone, cautioned, stated—Iam steward. I joined the defendant's vessel in Foochow. He said he would give me $15 month I have been 40 days in the ship. I claim $14, the defendant having given me $6 in Shanghai. T didn't sign articles in Foochow, He arrang ged with me inthe night. Iwas togo on board next morning. I did go. [have been in English ships before. I didn't get any advance. The Captain offered me a month's advance, and I said Never mind," I didn't want it till T got to Shanghai.
By Defendant.—I didn't agree with you to work for my passage to Shanghai, and then regularly join the ship and sign articles. I worked up from Hongkong to Foochow.
The defendant then stated his ease on oath, The plaintiff applied to him at Foochow for the berth of a steward. As he was in want of one, he closely examined hin as to his antecedents. The plaintiff said he had come from Hongkong, and produced a good charge He couldn't get any employment—was willing to go anywhere with defendant, America, England, Australia, or New Zealand Defendant then asked him if he wanted passage to Shanghai. He said he asked the question because Chinese were in the habit of working for their passage from one jert to another. He took on one occasion ive boys, who agreed in consideration of working on deck at odd jobs to pay only $3 ahead for their passage. ever, only mustered $4 amongst them, and promised to pay the remainder when' they Get to Shanghai. Arrived here, while th Harhourmaster, they '"skeladdled.". "But defendant was engaged conversing with the
he had often shipped men from London to the Colonies at the nominal rate of a shilling a month, just to give those men a passage. He would have shipped the plaintiff in a similar manner, but it was night, and the articles of the ship were at the Consu-Into. The plaintiff distinctly engaged to work simply for his passage to Shanghai, He, however, when -the ship came into jert made her his convenience, remaining on oard when it suited him, and one day asked the captain to advance him $6 on the round that his wife was in Shanghai and Plaintiff subsequently ital Ge sore more, houseless. The defendant gave him the money. on the plea that he wanted to send it to his wife in Hongkong. Questioned upon the contradictory nature of his plea when compared with his previous statement regarding her, Plsintit said, "0, that piecee Hongkong side proper." Defendant refused to give him any dong Proper wife; that Shanghai side no more money. Henever offered him an advance of $15, nor even a franc. Was it to be believed that a Chinaman would have refused such a sum if it had been offered to him! The scrip written by the mate for the plaintiff for those $6 stating it as on account of his wages," was so because it was believed he would sign the articles, when those $6 would have gone towards his advance.
His Worsutr said, the plaintiff appeared to have had some experience of foreign ships, and to bave'beon cognisant of the practice of signing articles. Upon that ground, and lookin, at the probabilities of the case, he would decide in favour of the defendant. jad the plaintiff been ignorant of the necessity of having to sign the articles of the ship, his deci sion would have been otherwise. It would not then lie with defendant to say that the plaintiff consented, for carrying a man to sea and making him work on board without signing articles was a contravention of the statute, As it was, both parties were in the wrong. Theman's story that after walking from Hongkong to Foochow in search of some employment, he refased the offer of an advance of $19, was extremely unlikely. On the other hand it was probable that having got to Foochow he was gla enough of the opportunity of getting a passage to Shanghai in consideration of his services on board, His Lonpsmrr, the Chief Judge, who happened to takea seat on the Bench towards the end of the case, now addressed Captain Gale. His Lordship had heard that defendant was in the habit of carrying men about passengers, at a nominal rate of wages. He would warn the defendant that the effect of such a practice would be that, if he brought them up to Shanghai, and in view of the likelihood of these men coming on the hands of Her Majesty, their being left behind would not be sanctioned by the Consul, so that if they were discharged they would have to be rate of wages, and the captain might have reshipped again at, perhaps, the, ordinary these men hanging about for six months, The defendant said he understood the ice was sanctioned by the rule of the of Trade. He had frequently taken on such terms. id Shanghai was not a port Defendant promised to benefit by his pr sent experience.
Text read from the printed page and cleaned; old type leaves the occasional error.