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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol.1 SHANGHAI, SATURDAY, 2nd FEBRUARY, 1867. No. 5
CONTENTS.
Leading Article. Page.
Sir Rutherford Alcock’s Notification in reference
to Rowdies.................................47
Notes and Queries..............................48
Cases in Supreme Court.
Regina v. Calely and Smith .................48
Regina v. J. Wilson.........................49
Summary Jurisdiction Cases ..............«... 50
Police Cases ...............................51
Meetings in Bankruptcy......................
In re Adolphus Ferguson ....................51
Annual Meeting of St Andrew’s Society..........51
Report of Trustees of Ladies Bazaar Fund for 1866 51
Pages.
Correspendence between H. E. Yeng, Taotai, and
Mr. Consul Winchester on the Compradore
System.........................................52
Circular Letter from Sir E. Hornby to H. B. M.’s
Consuls in reference to Estates of Intestates ...53
Letter from...”
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“...SUPREME COURT & CONSULAR GAZETTE.
H. B M Supreme Court-
THE BANKRUPTCY ACT, 1861.
Shanghai, the 30th day of Jan., 1867-
In the matter of
Adolphus Ferguson, a Bankrupt.
Before Sir Edmund Hornby, Knt., Chief Judge.
ft | EMORANDUM.—This being the day appointed
LVi for a public sitting of the Court for the said
bankrupt to pass his last examination, and also to make
application for his order of discharge under “The
Bankruptcy Act, 1861 ” (whereof and of the purport
whereof the notice in that behalf was duly given) ja
public sitting of the Court was held before Sir Edmund
Hornby, Knt., Chief Judge, acting in the prosecution of
the said bankruptcy, for the purposes aforesaid, when
the said bankrupt passed his last examination and
made application for his order of discharge, and upon
hearing Mr. E. Lawrence on behalf of one or more
creditors in opposition thereto it was adjudged by the
Court, that the said bankrupt was entitled to such dis-
charge. The order of discharge will be signed and
delivered...”
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“...February 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
47
It is requested that only such cojnmunications as relate to
Editorial matters be addressed to the Editor, and that they
be sent not later than Friday.
Advertisements will be received till 10 a.m. on Saturday.
Fo communications can be noticed unless accompanied by
the name of the writer.
Supreme Court anh Consular Cajette
Shanghai, February 2nd, 1867.
The Regulation which has recently obtained
the sanction of Her Majesty’s Minister at Pek-
in and which appears in our columns this week,
will, we trust, be the means of placing the Bri-
tish Subjects whose pleasure it is to lead a semi-
vagrant and semi-criminal course of life, under
some sort of police surveillance. That something
of the kind was absolutely necessary, the experi-
ence of the English Criminal Court affords con-
clusive proof. In Shanghai, amongst the For-
eign community there is properly no criminal
class, as that expression is understood in Eur-
ope ; but there is a very...”
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“...48
SUPREME COURT & CONSULAR GAZETTE.
February 2nd 1867.
and property of a hard working and innocent
people should be sacrificed to enable a few
scoundrels to live a life of riot, self-indulgence,
and debauchery.
For these reasons, if no other, we think that
Sir Rutherford Alcock, in sanctioning these
measures of prevention, has exercised a wise
and far-seeing discretion. Lie has preferred the
risk of a little increasing obloquy to the chances
of allowing a known and patent evil gaining
ground, and if, as we have no reason to doubt,
our Judicial Authorities are prepared to give an
energetic and practical effect to the Notification,
the English name at least will be relieved from
a grave reproacli.
We regret, at this moment, when united and
hearty co-operation is most necessary to give
full effect to a measure of this kind, the approach-
ing absence of Mr. Seward. No man knows
better the weaknesses of his own countrymen,
and few men have had the moral courage to risk
popularity by actively...”
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“...February 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
49
lakes is equally piracy. As Mr. Rennie has correctly told
you, this is one of the most formidable offences known to
the Law, and where any violence is used in connection
with it, suchns inflicting wounds or firing shots, it is an
offence punishable with death. It is very desirable,
especially in this country, that the fullest, measure of
the law should be inflicted on all occasions where such
an offence is proven. Fortunately for the prisoners in
this case, no evidence has been given of any particular
act of violence having been resorted to. Had there
been any such violence used and evidence for it pro-
duced, it would have gone hard with the prisoners.
For I, sitting as Judge, and looking at the state of the
country where foreigners—most of them men of intel-
ligence, who have some of them held respectable pos-
itions in life, and none of whom appears to be driven
to bad courses by want—are in the habit of going in-
land on lawless...”
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“...50
SUPREME COURT & CONSULAR GAZETTE.
February 2nd 1867.
to Fung wan shan. This was about seven or eight days ,
after. Jim went on shore at Fung wan shan and got a
bottle of wine. The man I pointed out before (Kerr)
and an old man drank the wine together. The prisoner
came back with two others from Fung wang shan. The
old foreigner took up a gun and was going to fire. Kerr
prevented his firing and the old foreigner threw
the gun into the water. Kerr went into the- water
to get up the gun. After this Wilson came back
while Kerr was still in the water—and he asked
what it was about. Kerr said a gun was thrown
over board. A quarrel then took place between Wilson
and the old foreigner. (Mr. Rennie enquired whether
witness spoke English, and being answered in the
negative, ceased asking any questions as to what he
heard the prisoner say.) A fight began and I saw
Wilson take out a pistol. Wilson fired the pistol
and it hit the old man in the breast. I saw this myself.
They were at the fore part...”
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“...February 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
51
Judgment was given for the Plaintiff $35.35 and
45OStS $3.
Jimmy Wahee & Co. v. J. W. Hume.
This was another claim for goods supplied to schooner
Phantom—the amount of Bill being $32.90. The de-
fendant endeavoured to shew that the claim was against
Captain Deslandes, but the Court held that the Plaintiff
could have nothing to do with any agreement existing
between Pilot Hume and Captain Deslandes, and gave
judgment for the Plaintiff $32.90 and costs $3.
January 26lh 1867.
Before C. W. Goodwin Esq.
Municipal Council v. W. Hargreaves.—Claim for
Tls. 28.41 for land tax.
The Defendant admitted that the land stood in the
assessment made in 1861 at a valuation of Tls. 800 per
mow ; one lot having been then reduced from Tls.
1,500 and the other standing originally at Tls. 800. He
objected that he was absent when the assessment was
made and that he remonstrated as soon as he returned;
but could get no redress from’the Council, as they were...”
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“...52
SUPREME COURT & CONSULAR GAZETTE.
February 2nd 1867.
1866 July 22nd, 240.42
,, Oct. 2nd, 240.42
1867 Janyl6th, 240.42
And there remains in Bank at date a Balance of 8,287.05
CORRESPONDENCE BETWEEN H. E. YING,
TAOTAI, AND Mr. CONSUL WINCHESTER,
ON THE COMPRADORE SYSTEM.
The sum of the above payments to the Sister
Superior is $ 721.26
She has received from an almoner 2.00
$ 723.26
She has expended,
For 2nd quarter 1866. $ 301.50
3rd do. 192.00
4th do. * 210.00
Leaving a Balance in her hands at date, of 19.76
$ 723.26
The Assets of the Foundation are thus seen to be:
Balance in Bank $ 8,287.05
Balance in hands of Sister Superior 19.76
$ 8,306.81
It will be noticed that the payments of the senior
Trustee were slightly in excess of the interest.
The amount so overpaid in error will be deducted
from the interest of the current quarter in order
to bring the principal up to the right figure.
Nineteen persons have received relief; of whom
one is called in the quarterly report a Creole,
one an...”
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“...the Foreign Chamber of Commerce.
I have &c.
C. A. WINCHESTER.
The following Circular Letter has been issued
from the Supreme Court to H. B. M.’s Consuls at
the various Ports.
Some misunderstanding appears to prevail as to the
course to be pursued by Her Majesty’s Consular Officers
with regard to the Estates of Intestates.
Consular Courts have within their several districts
power to grant Probate of Will and also Administration,
where there is no contention respecting the right
to the grant—(see Section 57 of the China and Japan
Order in Council, 1865). Where no person having the
right to claim Administration of the Estate of a deceas-
ed British Subject, appears to demand a grant of it, it
is the duty of the Consul to take possession of the
Estate for safe custody, as, until Administration is
granted, the personal property of an Intestate vests
in the Judge of the Supreme Court (see Section 59 of
the Order in Council).
A Consul, therefore, should ascertain of what pro-
perty the deceased...”
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“...54
SUPREME COURT & CONSULAR GAZETTE.
February 2nd 1867.
will generally and under certain circumstances appoint
an Official Administrator to administer the Estate.
Until however the instructions of the Judge of the
Supreme Court are received, Consuls have no authority
to interfere with an Intestate Estate (except so far as
ensuring its safe custody) in respect of which no one
claims or is in a position to claim.
Administration and all so called Official Adminis-
tration by Consuls except under the express authority
of the Judge, is contrary to the Order in Council.
With reference to the Estates in respect of which
Administration has been granted by a Provincial Court,
all that a Consul lias to clo is to fill up Form No. 30,
and transmit the same every half year to the Supreme
Court.
I am Sir,
Your most obedient humble Servant,
EDMUND HORNBY.
The following letter has been received by the
Chairman of the Shanghai General Chamber of
Commerce from the Post Master General Hong-
kong, a smilar...”
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“...February 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
55
by the Trustees in their report, this sum is not quite
sufficient fairly to meet the demands upon it; but we
may hope the earnest given of the satisfactory and use-
ful working of the foundation may induce the ladies of
Shanghai to project, and the gentlemen to encourage,
another Bazaar, whose proceeds may be devoted to so
good and so desirable an object. The Report is given
at length elsewhere.
A dispatch has been received from the Postmaster
General Hongkong, which we give elsewhere to the ef-
fect that the Duke of Montrose has given his sanction
to the proposal that when the regular day for dispatch-
ing the Mail from Shanghai falls on a Monday, the Mail
shall be dispatched on the previous day ; an end will,
therefore, be put to the Sunday Mail grievance.
Captain Boel of the Mess. Imp. Steamer Dupleix, and
M. Guion, Chief Engineer of the same vessel, have been
promoted respectively to the rank of Offivier de la legion
d'honneur...”
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“...56
SUPREME COURT & CONSULAR GAZETTE.
February 2nd 1867.
demand at current rates for shipment to America.
Stocks have now somewhat decreased, and the selection
is almost entirely confined to the Common and Medium
descriptions. One large Chop of “ Shanghai packed ”
has been sold as low as Tls. 21.5.0; one Chop Medium
Pingsuey has found a purchaser at Tls. 31.5 0, while
Medium to fine Fychows and Moyunes have realized
from Tls 30 a Tls. 40 per pecul. The James Shepherd
and Horatio have sailed for London and N ew York
respectively, but their cargoes have not yet been circu-
lated.
Silk :—The Stock is now reduced to about 600 bales,
and is composed principally of common and inferior
qualities of Tsatlee. For these there is scarcely any
demand The only transaction reported during the
week has occurred this afternoon, and is said to be,
30 bales No 4 Tsatlee, at Tls 53 0 per picul = 28/2 per
lb at exchange 6/1The home value for similar qual-
ity in London on 10th Dec. was 29/. a 29/6 per lb Consi-...”
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“...February 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
57
NAMES OF PERSONS (NOT SEAMEN) BROUGHT BEFORE HER BRITANNIC MAJESTY’S
SUPREME COURT FOR CHINA AND JAPAN, AT SHANGHAI, FOR THE
UNDERMENTIONED OFFENCES, DURING THE YEAR 1866.
Names.
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
James Wilson
John Morris
Wm. Green
J. La vis
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. Barworth
— Stephens
D. 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
Jolin 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
Raim Saim
A. Ferguson
Offence.
V agrancy...”
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“...S8
SUPREME COURT & CONSULAR GAZETTE.
February 2nd 1867a
NAMES OF PERSONS ( NOT SEAMEN ) BROUGHT BEFORE HER BRITANNIC MAJESTY’S
SUPREME COURT DURING THE YEAR 1866—CONTINUED.
J. Wilson and J. Treasure
E. Davis and J. Finlay
Raim Saim
J. Kenning
Assaulting 3 Chinese j
Drunk and Riotous, breaking pane of glass— j
Drunk and Incapable.
Intending to commit a felony and assaulting police
J. Whiting
Drunk and Assaulting Complainant.
J.
D.
D.
E.
J.
Thorrip
Campbell
Kerr
Kelly
Treasure and Wm. Johnston
Stealing
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
Boxbnrgh and Williams Entering Boat of Sho-ze and Assaulting him
J. Andrews
J. Bird
Crompton
Wm. Smith
Me. Lean and West
H. Munro
R. Mansfield
J. Jury, W. Smith and D. Kerr
Conduct and language likely to cause breach of )
the peace (
Having Arms in his possession for supposed ille-)
gal purposes...”
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“...SUPREME COURT $ CONSULAR GAZETTE.
United States Consulate General
United States Consulate General,
Shanghai, January 2‘lrd, 1867.
NOTICE is hereby given to the Shippers of Merchan-
dise to the United States, that to avoid delays
in entry at the home port, Invoices of all shipments
must be verified in the Consulate ‘* nearest the place of
shipment.” Full information regarding the verifica-
tion of Invoices will be afforded upon application to
this Office.
GEO. F. SEWARD.
Shanghai, 26th January, 1867.
NOTICES OF FIRMS
REFERRING to our advertisement of the 1st Jan.,
notice is hereby given that Mr. George Tyson
remains in our firm, his interest continuing as hereto-
fore.
RUSSELL & Co.
Shanghai, 2nd Feb., 1867.
NOTICE.
11^E have this day commenced business as Public
VV Accountants and Average Staters.
Temporary Offices, No. 11, Canton Road.
CHESHIRE, LAURENCE & HUNT.
Shanghai, 19th Jan., 1867.
NOTICE.
MR. Warren Delano Jr., and Mr. Henry Sr Gilev/
have retired from our firm in Hongkong and...”
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“...SUPREME COURT & CONSULAR GAZETTE.
iN~HEK BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN
Name of Deceased.
Robert Muirhead Reddie
Janie Christie
John Mackinnon
------Bigg
Susan Martin
Janies Cuthbertson
Nathan Tayler
John Tallentire
Thomas Edward Jenkins
William Maxwell
Charles Campbell
John Filleul
H. Atwell
Nichol Latimer
Alexander George Henry
------Nixon
W. Thompson,
Robert Sampson,
H. H. Wiggins,
Walter Schoole,
J. C. Swan,
Levin Joseph,
Annette Hoskings,
John Walter Wood Wade,
William Carter,
Janies Thomas Harris,
C. P. Day,
William Waller,
Robert Bennet,
John Wright,
John Robertson,
James Billings,
John James,
John Bailey,
B. W. Cook,
Alexander Williams,
------Hamilton,
C. J. Howell,
J. Macnaught,
James Andrews
Martin McPherson,
Robert Donaldson,
Ralph Sillars,
Chasemore Howard,
John Storm,
Henry Haggar,
Robt. Clarke,
R. Jarvie,
Chas. Grey,
J. Langan,
Robt. Black,
W. Nunn,
E. H. St. Croix,
J. A. Balman,
John Rodney,
------Doyle,
Samuel Johnson,
William Jeffrey,
J. G. Boyd,...”
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