The Archive · 1883

His Worship Cxex, Magistrate of the

Woxo Vor-rar v, R. H, ARTINDALE

Mixed Court, occupied asoat on the bench and watched the case on behalf of the Chinese.

Mr. Epwanp Rostssoy appeared for the plaintiff and Mr. R. E. Watwewatoar for the defendant.

The plaintiff claimed §2 for having, on for about the month of November, 1882, been wrongfully compelled by the defend ant to quit a house and shop which the plaintiff rented from one Chung Ab-kwai and he further claimed $60 damages for having been deprived by the defendant of his household goods and stock-in-trade in the said house and shop, which goods and stock-in-trade have never been restored to the plaintiff.

On the Court re-assembling in the afternoon, Cuno Ax-Rwar again stepped into the witness-box.

His Honour—The last payments were on the 26th and the 30th of the fore last Mr, Warsewnicnt—Those were for the eighth year.

His Honour said he understood that.

Mr. Rontson (to interpreter)—How much did the witness pay on the 26th $70.

How much on the 30th?—$30.

Why did he pay $100 that year?

The Interpreter and the witness here held a long conversation.

His Hoxour—Why did he pay $100 instead of $66.50 7—On the 30th day, 6th moon, the payment began.

Hoxour—He was paying a year and a half in advance instead of a year? Is that it?

Mr. Rosiyson—As I understand it, there was a dispute as to whether the year ought to begin on the first day of the Ist moon or the first day of the 6th moon.

Mr. Warvewrient said that Chung Ah-kwai's contention was a pure fiction and was not worth Interpreter—H. tal The year began on at moon, but Kungping to begin on the lst Gay of the Gth moon.

Mr. Ronixsox—Tho fact is there was a dispute, and, right or wrong, he paid for a year and a half.

Mr. Warxzwaroxt—We shall prove that ho never brid anything of the kind, identified Messrs. iveson's 0 man to whom he always paid his ground-rent.

Mr, Waixewatont—Ho is the Sinza shroff; he lived on Inca.

is Hoxour—Th fendant's shroff Yes, Did over pay his ground rent to a foreigner No; always to a Chinaman.

Did Sung (the shroff) or Wong (the compradore) speak to the course of the seventh year about improving his property?

ouR—Did the shroff whom he talk to a the seventh year about improving his property?—No he did not.

Mr. Ronrxsox—Did Wong (the compra-dare) speak to him about it?—Yes; an he built new houses.

Why did he build houses?—Because the old hous Did he say been in the Mixed Court?—Yes.

Was he offered any money to leave the premises?—No.

Does he remember the Magistrate going inza village to look at the houses He remembers it, but can't remember what Vas anybody else—were any Engli ith the Magistrate?—There were trate, the interpreter, Wong, Mr. Ambrose, ths shroff, and witness himeelf, Why did they want to see the houses—Because Kung-ping asked him to leave his house and he claimed compensation for the sale of his house to Kung-ping, and also money for selling the houses back to Kung-ping.

Did Kung-ping offer any amount?—He did not make any offer; he only begged the magistrate to decide.

His Hoxovr—The question is did Kungping make avy offer?—The magistrate said Tis, 800 or Ts. 1,000.

His Hoxovz—Did Kung-ping make any offer?—Wong, the shroff, offered him $700 and asked him to move.

At the time when the Magistrate went did Kung-ping offer avy money?—Not at that time.

What does he say that the magistrate said about Tls. 800 or Tls. 1,000?

Mr. Ronrsox—Your Honvnr, he dex clined to take that amount.

His Hoxour (to Interpreter)—He would not take it1—No.

Mr. Rosixsox—Wae he paid any com: pensation 1—No.

Has he ever had notice of any authority given to Kung-ping by the Mixed Court, the City Magistrate, or the Taotai to pull down these houses?—No; not any.

His Hoxoux—He said Wong had previously offered him $700, When was it that Wong offered +him that @—A re the Magistrate's vi How nmuech was it?—8700.

Mr. Rostxson—Has he ever talked to the tenants about the Mixed Uourt business?—No; he did not.

After the day on which he left his home what was the firat day on which he saw the tipao?—About the 25th or 26th day of the 10th moon.

Did ho give any authority to anybody to remove the metal property, furniture or building materials?—No; he did not.

Did ho move them himself?—No.

Cross-examination Mr. Warewnicut—He has built himself a new house lately, has not ho?—Yos, He used a good many of the motel of the old house, did not he?—No; all now materials, When did he first get notice that Kungping wanted to pull the houses down He did not receive any notice from Kung-pi quite sure that neither Wong nor Shun—neither the compradore nor the shroff—told him that Kung-ping wanted the ground 7—No; they did not.

Mr, Warxewricut—You had better per-hays tell him that I am Kungeping's lawyer, or he might make some admission.

Mr. Rosrxson thought that was just what Mr. Wainewright, wanted.

Mr, WarrewR1entT—Oh, no, Isrerrrerex—Yes; he understands that, Mr. Roixsox—He recognises an enemy, Mr. WarvewnrioutT—Did he see the tipao who was here this morning?—Yes he saw him. the No. 1 tipao or the No. 2 tipao?—Ithe principal tipao.

Is he sure of that?—Yos; he is quite dure, He managed everything.

He is the hend tipao of the District a Yes; thi the principal tipao, He says ho built some now houses, How many did he build Mr. Rorysow thought it would be only fair that the tipao should himself be asked whether he was the principal tipao, Mr, Watyewntonr said he would admit that the tipao would say he was the principal tipao.

The Witness said ko built twelve new how Mr. Warvewaront—How many times had he been~to the Mixed Court about these houses?—He did not remember several times, And he never told his tenants that he had been to the Mixed Court?7—No.

Did he see some papers like th (produced) posted on the houses?—N Did he sce a large notice put up at the entrance of the village saying that the houses were going to be pulled down His Hoxourn—There was only one of those Mr. Warxewsrcut—Only one large notice. There was one of the small notices on each hou:

The Witness said he never saw or heard of the notice.

Text read from the printed page and cleaned; old type leaves the occasional error.

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