An-no v. GoopreLLow.
Th was a claim fur $9 wages due as amah, Defendant admitted that the money was due, but said he had withheld it owing to the circumstances under which plaintiff left. [In the middle of February she said she wished to leave at the end of the month xs she desired to go to Canton with her husband and son to worship at the ancestral graves, but as defendant's wife was expecting to be confined xnd there were five other children in the house, defendant asked her either not to leave or to find another malt to take her place. Plaintiff said nothing more about leaving, bat nevertheless went away at the end of the month, leaving defendant's wife for twelve days without an amah, Defendant intended to pay the money into the Mixed Court, but had been unable to do so, plaintiff refusing to give her name, saying she had none.
Plaintiff, in reply to his Honour, said she had been to Canton and had only just returned.
His Honour said plaintiff's conduct was no doubt very annoying, but she appeared to be within her legal right.
Defendant contended that plaintiff should have given a month's notice.
His Honour said there was no such rule as to notice. The only rule he had Inid down was that the wages were not due till the end of the month, and if a servant left before that time he could not recover for the broken week. In this case defen-ice and plainiff had left at the end of the month, when her wages were due.
Defendant asked that plaintiff should be ordered to pay the costs, on the ground that, but for her refusal to give her name, the case would not have come into court, and of the great inconvenience she had caused by leaving at such a time, is Honour said he could not mix up moral and legal obligations as defendant apparently wished to do. He (Mr. Jamie-sat in Court not to take notice of good feeling but of what suitors were legally entitled to, Plaintiff's conduct might have been hard and unfeeling, but she could not for that reason be deprived of her legal ight.
Judgment for pla ff, with costs.
Text read from the printed page and cleaned; old type leaves the occasional error.