Shanghai, 19th December.
Before F. S. A. Bourse, Esq., Assistant Judge.
SrockweLt ¢. McNavontos.
This was a chim by Mrs. Elizabeth Stockwell, keeper of boarding house at No. 22, th Szechuen Road, against W. B. McNaughton, a boarder for $99.99 being one month's rent in liew of notice, and balance due for the rent of a suite of rooms. Mr. E. Nelson appeared for the plaintiff.
Mr. Nelson went into n statement of the facts of the case, but was stopped by His Honour, who suid he would rather have the facts of the case from the complainant herself.
Mrs. Stockwell was accordingly called. She said that on the 7th of October defendant came to her for accommodation and the first thing she asked him was whether he was going to he a monthly or 'a. daily tenant." Defendant replied that he would probably stay six months. Her terms were much dearer for a daily tenant. Finally defendant agreed to take two rooms for $170 per month, the front room to be turned into " drawing room. She said that she would be put to considerable trouble and expense and would not care to fit up the drawing room unless they stayed a long time. Defendant replied that he would stay for xix months. She then went to the trouble of fixing up the room. Defendant continued in tenancy and paid his Dill until the 7th December when plaintiff received a letter from him saying that he would vacate the rooms on the lith. Plaintiff saw the defendant in the matter when ho gave ax his reason for leaving that ho was not comfortable. She never had any complaint ea that score save in one instance about attendance.
His Honour—The claim for $99.99 is so order 10 come within jurisdiction. Tt seems to me that you (Mr. icNaugliton) engaged these rooms distinetly on monthly tenure and you have to give a month's notice.
Defendant said that when he took the rooms plain shed $170 and he replied that it was too heavy for hiw. Plaintiff then said that her charges were about fifty per cent. cheaper than the Astor House.
fe considered he was under no monthly tenancy whatever.
His Honour—Mrs, Srockwell has stated that she changed a room to suit your convenience, and it is obvious, according to the ordinary English rule all over the world, that where rooms are engaged on a monthly tenure the occupant must ive a month's notice before vacating.
McNaughton—It is all the same to one if I pay by the day or the week.
His Honour anid he must give judgment for the plaintiff for $99.99- Mr. McNaughton said he had paid an account of $7.50 which was included in the summons.
Mr. Nelson admitted the payment of that sum and suggested its deduction from jodoment sing! for $92.49 and costs.
is(Honour accordingly gave judgment
Mr. Nelson—I_ have to thank your Honour for the judgment given, because the general lodging-house keepers in Shanghai don't know what their position is in such circumstanens.
His Honour—This is simply a matter of a common contract. Tt appears on the facts, which in this case seem perfectly clear.
Mr. Nelson—Yes, [agree. But a gi many people, in Shanghai think they can walk out-of a boarding-house when and contract, and
Text read from the printed page and cleaned; old type leaves the occasional error.