The Archive · 1898

H.B.M.'s CIVIL SUMMARY COURT

Shanghai, 12th March.

Before'Sin N. J. Haxwex, Chief Justice, Swancuat Gas Ca, 'v, Fearon.

This was a claim by the Shanghai Gas gas supplied during November and Decém-Ca. against Mr, J, S. Fearon for $42 for ber, 1897.

Mr. H. Parkes appeared for the plaintiffs and the defendant was represented by Mr.. A: P. Stokes (Messrs. Johnson, Stokes and Master).

His Lordship, in gi jgment, said that the only point on which it would have been necessary for Mr. Parkes to address him would have been the provision on the back of the bill; but in the view which he took of the case it would not be necessary for him to determine that point, which he was very glad of, for the conditions appeared to him to be of the heads I win, tails you lose" order: By this provision a meter was to be taken as test against the consumer and not aguinst the' Company., With regard. that, the Gas Company had proved that a certain meter registered a certain amount of yas as having passed through it. They had. proved that the meter had been taken away and tested, and that when it was tested it was placed on a level table. They had it in evidence that the meter was level in Mr. Fearon's house, and by the tests which were applied when the meter was placed on a level table it was found to register correctly. Unless he found that some of the Gas Company's witnesses had committed perjury, he could not get out of finding as he did. Tt was not for him to say how the extraordinary difference in the consumption of gas could be explained, and the Gas Company were under no legal obligation to explain it either. At the same time he thought there must be some explanation of the extraordinary difference, he would advise the Gas Company, their own interests and in those of customers, to look for some explana tion of these extmordinary discrepancies. As the ease had been presented to him, he could scone way but to hold as he did. To prove that forty other people had boon charged less for the sume conauinption as Mr. Fearon proved nothing, and Mr. Fear-fon was unable to work out how his con sumption was so much, and he was driven to find for the Company. He therefore, found for the plaintiffs for the full amount of the claim and the costs of the Court, H.B.M's POLICE COURT, Shanghai, 14th March.

Before H. E. Fuxrorp, Esq., Police Mayistrate.

R. v. Haxsox, drunk and disorderly nnd assaulting native John Hanson was charged with belnj

police constable 208, in Broadway, on previous afternoon.

Native constable 204 said he was on daty in Broadway at about half-past three on Sunday afternoon, when the prisoner, who was drunk, came up to hin and without any provocation struck him on the chest. Witness obtained the assistance of another constable and took the accused to the station, Native P.C. 493 corroborated.

is Worship sentenced the prisoner to-two weeks' hard labour.

R. v. Huones.

William Hughes was charged with being: drunk and disorderly in Brondway at p.m. on the previous day, 'The charge having been proved, His Worship sentenced the prisoner to two weeks' imprisonment, with hard labour.

R. v. McLavontay.

Patrick McLanghlan was charged with being drunk and disorderly in the Broadway on the previous evening, P.C, 26 said he was on duty in Broadway at about 8.30 on Sunday evening, and saw accused outside the Cleveland House with a knife in his hand, which he was flourishing about. Witness arrested him and took him to the station. Prisoner. was not struggling with any one. He had been drinking, but was able to walk: straight.

His Worship, sent the prisoner' to each for three weeks, with hard labour.

'5th March.

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

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