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“...SUPREME COURT & CONSULAR
' GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. I SHANGHAI, SATURDAY, 26th JANUARY, 1867. No. 4
= CONTENTS.
Leading Articles. Page. i Page.
The Compradore System ..............• ....35 Police Cases ............................41
Mr. G. F. Seward........... ............36 Plan for Lighting the Entrance of the River Yang-
The House Tax............................38 tsze ............................... 43
Cases in H. B. M.’s Supreme Court. ; News of the Week......................44
Wong-kin-kee v. W. R. Adamson & Co.......39 Commercial Summary,.....................45
Hume, Allan and Wilson v. Jardine, Matheson & , Customs’ Returns for December.........._.45
Co., and others .......................40 Partnerships, Shipping &c., 46
In Admiralty—in the matter of the Barque Seaton 40 Quotations, Causes for Hearing, &c......46
Summary Jurisdiction Cases ..............40 Memoranda, Meteorological Table &c.......46
NOTIFICATIONS
THE...”
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“...SUPREME COURT & CONSULAR, GAZETTE. <
Prussian Consulate General
NOTICES OF FIRMS
VERORDNUNG.
—Die Lootsenordnung vom 7 November v. j. wird
. fur Preussische Staatsa-ngehorige hierdurch auf-
gehohen, und tritt von lieut ab ausser Kraft.
II. —Preussische Lootaen sind deslialb an keine Be-
stimmung jenes Reglements gebunden, und erhalten
ihre Lootsen Concession auf Antrag nur von der unter-
zeichneten Koniglichen Behorde.
III. —Lootsen ohne Concession wird nacb der Geset-
zen bestraft werden.
Shanghai, den 26 Januar, 1867.
Koniglidc Preussisches General Gonsulat.
TETTENBORN.
ORDINANCE.
—The Pilot Regulations of the 7th November
, are hereby cancelled, and cease to be lawful for
Prussian subjects from to-day.
II. —Prussian Pilots are therefore not bound by any
rules fixed in the said regulations, and receive their
license on application only from the undersigned au-
thority.
III. —Piloting-without license will be punished ac-
cording to Prussian law.
Royal Prussian Consulate General.
TETTENBORN...”
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“...January 20th 1867.
SUPREME COURT & CONSULAR GAZETTE.
35
It is requested that only such communications as relate to
Editorial matters be addressed to the Editor, and that they
be sent not later than Friday*
Advertisements u)ill be received till 10 a.m. on Saturday.
No communications can be noticed unless accompanied by
the name of the iwriter.
Supreme daurt anb Consular (Sa^tie
Shanghai, January 26th, 1867.
Much has been said and written upon the ques-
tion of the duties and responsibilities of Com-
pradores engaged in Mercantile Houses; and to
judge from the various views which have been
propounded upon the subject, it appears difficult
to obtain a correct idea of their standing and
position. In truth this seems to be constantly
varying. In one establishment the- Compradore
is a servant pitr et simple. His functions are
confined to the performance of certain duties,
beyond which it is neither expected nor wished
that he should travel. In other establishments
the Compradore appears in a...”
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“...36
SUPREME COURT & CONSULAR GAZETTE.
January 26th 1867.
sacrificed to the lust of Europeans after gain.
We believe we should be much nearer the
truth, if, instead of too hastily assuming wrong
on the part of the Foreign merchant, we were
to declare our belief in the existence of a vast
and well organized conspiracy to defraud the
Foreign trader, in which Compradore and dealer
have each their respective parts assigned, and
which they perform to perfection. We denounce
the Compradore system, not because, as it is as-
serted but not proved, it enables the foreign
merchant to shift his responsibility from his own
solvent shoulders on to the insolvent back of his
Compradore, but simply because it enables the
servant to play fast and loose with his master’s
interests, and sacrifice them to those which are
purely personal, or to persons with whom he acts
in fraudulent collusion ; and in saying so, we
bring no idle or unsupportable charge against
either Compradore or Chinese traders. The ex- •...”
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“...Jamwrij M 1807. SUPREME COURT &
and in adopting measures for lighting the ent-
rance to bur river, are instances in which he dis-
played a liberality of feeling, and a desire to be
or use to all in Shanghai, which redound to his
credit no less than the talent, observation, and
far-sightedness which he brought into play in
everything which he undertook. The good
wishes of the whole community will accompany
Mr. Seward to his native land; and a hope may
perhaps be entertained that in the course oi
tune he will return to China in a position, which
may be of such a nature as to aiiord him better
scope for the display of those talents and abil-
ites of which, as Consul General, he has given
such unmistakeable evidence.
But it is not only as a protector of trading
interests, and, m the higher sense of the term, as
a diplomatist, that Mr. Seward shewed more
than average capacity, and, what is of far more
importance, a large and liberal sense of the res-
ponsibilities with which, in his position...”
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“...SUPREME COURT & CONSULAR GAZETTE.
January ^th 1867.
ly combined wisdom with modesty ; energy and vigour
with moderation and tact; courtesy and consideration
with firmness and undeviating justice. In after years
they will remember with regret that they have no
longer by their side that lithe, active figure ; that old
head on young shoulders ; from whose lips proceeded
counsels of prudence and energy ; and who more than
counterbalanced the want of lengthened experience by
the intuition of an active and powerful mind.
We trust the American members of the community
will not allow Mr. Seward to leave without some
public testimonial of the value of his services, and also
that they will not forget that he has many friends
outside the register of American Citizens, who will
gladly join to do him honour.—Shanghai Recorder,
January 22 nd, 1867.
A House Tax imposed upon the occupiers of
houses, varying with the rental, has been generally
looked upon as one of the most equitable which the
ingenuity...”
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“...JanlMry 26th 1867.
supreme court & consular gazette.
39
ecting papers in the first, second, or third month
of each year, and to leave the second, third, or
fourth month as a time within which all ap-
peals should he heard and decided , but, as we
said before, occupiers will do well before they
take houses to enquire into the matter of its
assessment; as it cannot be expected that the
tax is to depend entirely upon the rent which
can bo obtained from week to week, or from
month to month, on any particular class of
premises.
H. B. M. SUPREME COURT.
January 22nd 1867-
Before Sir Edmund Hornby, Chief Judge,
WONG-KIN-KEE V W. R. ADAMSON & Co.
Mr. Rennie, instructed by Mr. Cowie, for the Plaintiff,
Mr. Myburgh for the Defendant.
Mr. Rennie asked leave to amend the petition, on the
ground of having, through an error, set down certain
amounts as Taels, instead of Teas to the value of those
amounts; but Mr. Myburgh objected to the amendment,
as lie was prepared only to defend the ease as it stood...”
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“...40
SUPREME COURT & CONSULAR GAZETTE.
January 2&th 1867.
when the transaction with Kin-kee was entered into.
(The Books’of the defendants were handed into Court
and the entry of payments of Interest from Kin-kee
seen. The Books shewed the loan but did not shew
any losses on Teas on account of Kin-kee.) Kin-kee did
not complain of having to pay interest—all he objected
to was that the rate was too high.
To Mr. Myburgh.—Kin-kee only complained of
the high rate of interest. He never denied his liability
for the Tls. 30,000. At one time he contemplated get-
ting an advance on the property, and insured it with
that object. I have asked Kin-kee in the presence of
Mr. Bell to repay this loan. I had reason to suspect
his reliability and was desirous to have the money re-
turned.
(The closed the case for the prosecution.)
Mr. Myburgh submitted that the Plaintiff must be
non-suited upon the evidence which he had brought
forward; as in the face of the document which had been
put in, acknowledging the...”
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“...January 26th 1867.
SUPREME COURT & CONSULAR GAZETTE.
41
calculation tliey lose £2 a piece ; or $9 and $8 respec- J
tively. In his opinion this was a fraud upon the men
and ought to be rectified.
January 19/A 1867.
Before C. W. Goodwin Esq.
The Municipil Council brought a claim against Mr.
J. T. Brand, for Tls. 45, for assessed taxes. Defendant
refused payment on the ground that the assessment was
. higher than the actual rental. The Court decided that
the valuation in the Council books must be taken to
have been made under the authority and with the ap-
proval, of the Land Renters, and that the Defendant’s
remedy was to appeal against the assessment at the next
Meeting of Land Lenters.
The Council also claimed Tls. 25, assessed taxes, from
Mr. Thos. W. Kingsmill, who refused payment on the
ground that he was not a tenant, but merely, since his
lease with Dent & Co. had expired, allowed to occupy
an office in the premises at will, on condition of his
keeping a watchman. The Court decided...”
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“...42
SUPREME COURT & CONSULAR GAZETTE.
January 2Qfh 1867^
men came to the station at 20 minutes past 10, and said |
they had been wounded, and that the person had escap-
ed. I went out in search of him Somebody I did
not know told me that the prisoner I was in search of
was the second mate of the Adeline ; whereupon we
arrested him and took him to the station. He was
then recognised by the wounded men. On taking the
prisoner I searched him an i found nothing upon him.
He was not very drunk. He might ha\ ? been drinking
a little.
The prisoner upon being asked whether he had any-
thing to say in his defence, simply denied the facts..
The Magistrate was satisfied the charge had been
proved as laid. The prisoner had evidently been drink-
ing, but not to such an extent as to prevent his know-
ing what he was about. He was noisy and inclined to
be quarrelsome. Two of the French police interfered,
either to take care of him or to prevent his making a
disturbance. He attacked and wounded both of...”
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“...January 2Gt/t 1867.
SUPREME COURT & CONSULAR GAZETTE.
43
mentioned. Reid did not give the constable a blow.
He merely flung himself loose. I saw the^blow struck.
Reid was turning round when he was struck. Vernon
Seaman shoved him with his open hand.
Re-examined.—I saw Reid struck three times. That
was when he had got up and was chasing the police. I
do not know how long Reid lay. I was knocked down
immediately afterwards and when I got up Reid was
chasing the police. I was senseless—perhaps for a few
seconds.
Owen Bullock.—I am in Olphant & Co.’s and waa
of the party. T saw Reid struck.
The blow knocked him down. He appeared somewhat
stunned. He got up immediately, but seemed giddy.
1 saw no blood then. He immediately ran towards
the policeman. The policeman ran away. I only saw
two blows struck, one to Reid and one to Smith. I
did not see the policeman strike Reid a second time.
Cross examined:—I pursued the policeman. We all
overtook him. The blow Reid got made him giddy.
1 saw an attempt...”
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“...44
SUPREME COURT & CONSULAR GAZETTE.
January 26/A 1867
This vessel to he constructed in England, and sent
out in sections to be put together in Shanghai. To be
provided with heavy chains and mooring mushrooms.
She would be a mere shell, with tight iron upper
deck, and small house on deck for the keeper. She
should, of course, be built sharp and high at both
ends.
4. —The Tower for the Revolving Light to be a
skeleton one of iron, 80 ft. high, on screw piles. To
be constructed in England, and sent out in sections to
Shanghai. Rooms for the keepers to be constructed, say
20 ft. above high water mark in the tower.
This Tower, however, might for the present be con-
structed of wood, and until it be decided whether or
not the sands are shifting, or whether it would not be
better to permanently establish it at the extreme East-
ern Point of the shoal [marked ? R. V. (red) on the
Charts] miles E. | S. of the present location.
5. —The Tower at Point A to be constructed in the
same manner, 53 ft...”
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“...January 26th 1867.
SUPREME COURT CONSULAR GAZETTE.
45
the great question of opening Hiogo.
The Races, which took place on the 11th and 12th
lnst., passed off successfully. The winners are : Grif-
fins, Podosokus ; Farewell Cup, Monogram ; Hopeful
Stakes, Samourai; Great Welter, Tommy; Niphon
Champion, Faugli-a-Ballagh; Celestial Cup, Magic ;
Steeple Chase, Sweet William ; Visitor’s Plate, Monog-
ram; Challenge Cup, Monogram; (walk over); Hack
Stakes, Theodolite ; Selling Stakes, Magician ; Hurdle
Race, Tom Brown ; Flyaway Stakes, Bochbier ; Handi-
cap, Monorgam ; Steeple Chase, Pericles ; Stand Cup,
Hang-a-Dallagh ; Consolation, Batavier.
A French Marine of the name of Hourdot has been
murdered by some Japanese, in consequence of indis-
criminately assaulting the people he met in Ottamatchi,
and entering a house, molesting a woman and dragging
her into the street and beating her. Three persons
have been arrested by the Japanese police as having
been concerned.
The Hongkong Evening Mail...”
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“...Taels 10 weight.
Mexican Dollars.—Taels 73.8
Carolus Do. Taels 73.4
Copper Cash.—1,350 per Taels
FREIGHTS:
To London.—Tea £1.15 per Ton.
MEMORANDA.
Jan.
27, Third Sunday after Epiphany.
28, Royal Sussex Lodge meet. *
30, English Mail of December 4th due.
PARTNERSHIPS, DISSOLUTIONS &c
Cheshire, Laurance & Hunt established as Public
Accountants &c. January 19th 1867,
Jany. H. B. M.’s Supreme Court.
28, Regina v. Cal by and Smith, Piracy and Robbery
with violence.
Feby.
1, Regina y. J. Wilson and D. Kerr, Robbery with
violence
Regina v. J. Wilson, Murder.
11, Special sitting for revision of Jury List.
H. B. M.’s Supreme Court—in Bankruptcy.
Jany.
30, re A. Ferguson. — Bankrupt to pass his last ex-
amination and make application for his order of
discharge.
,, In re R. Mackenzie—Bankrupt to pass his last
examination and make application for his order
of discharge.
METEOROLOGICAL TABLE.—WOOSUNG.
Date. Time HorL Wter Rise or Fall Range of Tide. Wind. F X Q II I Bar.
Jan. 19 LAV A.M h. m. 7 34 ft...”
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“...SUPREME COURT & CONSULAR GAZETTE.
NAMES OF PERSONS (NOT SEAMEN) BROUGHT BEFORE HER BRITANNIC MAJESTY’S
SUPREME COURT FOR CHINA AND JAPAN, AT SHANGHAI, FOR THE
UNDERMENTIONEDOFFENCES, DURING THE YEAR 1866.
Names.
Offence.
Order.
John. Proctor
J. Biggs
J. Me. Pherson
— Mirian
R. Hutchins
John Jackson
John Jones
W. Carter
J. Mahomet
— Abdul
Thos. Allen
Jessie Carvel
R, Waugh
John Jackson
5 5 5 \
James Wilson
John Morris
Wm. Green
J. Lavis
G. Paterson
Ali
C. Stewart
Thos. Lyon
R. Hendricks
G. Winscombe
C. Datelo
J. Jackson
W. Brisco
John Martin
James Moor
F. Pollard
Moffat
A. Bar worth
— Stephens
I). Campbell
Mahomet
J. Lingreen
J. Andrews
W. Charles
F. Lagrans
G. Moresco
W. Cartner
S. Johnson
Lim Hock Joo
W. Smith
Ch. Smith
F. Burgess
John Anderson
E. Juen
M. Hagen
E. H. Lupuy
J. Walsh
L. Victor
D. Campbell
Wm. Busive
H. Lee
J. Brown
J. Martin
D. Campbell
W. Baker
A. Broom
C. Winscombe
J. Jury
D. Kerr
J. Jackson
F. Lazurus
— Me. Queen
— Craig
— Bonney
J. Smith
Rairn Saim
” »»
A. Ferguson
15...”
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“...SUPREME COURT & CONSULAR GAZETTE.
NAMES OF PERSONS ( NOT SEAMEN ) BROUGHT BEFORE HER BRITANNIC MAJESTY’S
SUPREME COURT DURING THE YEAR 1S66—CONTINUED.
J. Wilson anti J. Treasure '
Assaulting 3 Chinese
E, Davis and J. Finlay
J. P. Martin
Raim Saini
J. Kenning
J. Whiting
J, Thorrip
J. Kelly
D. Campbell
D. Kerr
E. Kelly
J. Treasure and Wm. Johnston
Drunk and Riotous, breaking pane of glass—
Language calculated to produce a breach of the peace
Drunk and Incapable.
Intending to commit a felony and assaulting police
Drunk and Assaulting Complainant.
Stealing
Drunk and Incapable
Swearing in Court
Drunk and Assaulting Police
Assault
Robbery of a Boat and Stealing therefrom $1,000
R. Mulholland
!Having caused the death of one Sze-Pang-Sze
T. Thorrip (a Prisoner in Gaol /Stealing
Boxburgh and Williams
J. Andrews
J. Bird
Crompton
Wm. Smith
Me. Lean and West
H. Munro
R. Mansfield
Entering Boat of Sho-ze and Assaulting him
Conduct and language likely to cause breach of
the peace
Having Arms in his ...”
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