1 |
|
“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. I SHANGHAI, SATURDAY, 9th FEBRUARY, 1867. No. 6
CONTENTS.
Leading Articles. Page.
Decision in Bankruptcy in re R. Mackenzie .... 59
Undefended Prisoners.....................59
Review
“ Instructions to Consuls”................60
Notes and Queries..........................61
Meetings in Bankruptcy
In re Robert Mackenzie ...................61
Cases in Mixed Court—Higher Tribunal........
Preston, Breuell & Co. v. Shen Lan Sing and
Shen Low San............................ 64
NOTIFICATIONS
British Legation.
NOTIFICATION.
WHEREAS it has been brought to my notice that
divers persons, British Subjects, frequent the
Foreign Settlements at the Treaty Ports, and there re-
main, having no ostensible means of livelihood or set-
tled occupation, and that it is to be feared that such
persons live by the Commission of Crime, by robbery
or plunder ; and whereas it is desirable and of urgent
necessity...”
|
|
2 |
|
“...SUPREME COURT & CONSULAR GAZETTE.
H. B- M. Supreme Court.
British Consulate, Tientsin.
IN HER BRITANNIC MAJESTY’S SUPREME.
COURT FOR CHINA AND JAPAN
Shanghai, 19th January, 1867.
NOTICE.—The Court will hold a special sitting on
Monday, the llthday of February, 1867, at 11
o’clock in the forenoon, for the purpose of revising the
Jury List for the year 1867. Such list is now suspended
in the Court room at the Supreme Court, as required by
Sec. 28 of the China and Japan Order in Council 1365.
All parties who have any cause to allege why they
should not ho held liable to serve as jurors ; or who are
entitled to exemption, and whose names appear in such
list, are required to attend the Court on the above named
day to make application that their names be struck out.
United States Consulate General.
United States Consulate General.
Shanghai, 9th February, 1867.
MR. W. P. Mangum, Vice Consul General, is charged
with the care of this office,
GEO. F. SEWARD,
Consul General,
United States Consulate...”
|
|
3 |
|
“...60
SUPREME COURT & CONSULAR GAZETTE.
February 9th 1867.
who one and all appeared unaccountably to have
found elsewhere than in the halls they love so
well, a world of duties to attend to.
It was the boast of the greatest of English
Advocates that in the defence of the accused he
was as much a minister of justice as the Judge
himself, and was performing a duty as sacred as
that discharged by the Bench. We believe that
such feeling is not unknown to the aspirations
of our Shanghai Bar. Only they do not give it
that practical effect which, as men and lawyers,
or rather as gentlemen and ministers of justice,
they ought to do. Would it not be well that
they should do, as is customary in the legal so-
cieties and incorporations in various parts of
the United Kingdom, and appoint from among
themselves an agency for the poor, to be under-
taken in rotation;—a plan which equally divides
the labor among the whole number. We are
confident that this appeal has only to be made
to the worthy gentlemen...”
|
|
4 |
|
“...February §th 1867.
SUPREME COURT & CONSULAR GAZETTE.
61
less fragmentary ; and the result is a succinct
epitome of what is the law and practice of
England on various questions, but with special
and fuller reference throughout to the class of
questions and cases most likely to arise in the
Consular Courts.
After a few words on the jurisdiction of the
Supreme and Provincial Courts, a civil suit is
selected by way of example (such forming the
great bulk of judicial business, and including in
their wider scope all the action in the more
trivial summary cases,) and a full outline of all
the proceedings in connection therewith is given,
from the first filing of the petition down to the
judgment and the appeal to the Supreme Court.
Then follow a few provisions for exceptional
cases, such as compelling proceedings, cross suit
and the like; the very difficult and comparative-
ly rare cases of special applications to suits,
having been previously considered, under u peti-
tion ” in the hypothetical...”
|
|
5 |
|
“...02
SUPREME COURT & CONSULAR GAZETTE.
February §th 1867.
ih*t I had a credit balance of some thousands of taels.
1 did hot owe the Comptoir d’Escompte except for
fe-jme Interest. In Deer. 1865 I had a loan, outstanding
from the Comptoir d’Eseompte of three lacs and a half. I
paid 8, 10, 12,*15 per cent interest. In Jany. 1S66, I did
not go into any speculation that turned out unfortunate
until the Shirting speculation. A Salt speculation turned
out unfortunate. This was in August 1866. I only be-
came aware'of the loss the last month or two. I had
a third of Tls. 40,000, I had the sol© interest in a
Dollar speculation to the 'extent of three lacs. The
Shirting speculation was in Jany. 1866. I paid for the
Shirtings as they arrived, and got money from the
Ranks for that purpose. I bought about 105,000
pieces. I began to buy at Tls. 3.60 to Tls, 3.75. The
average was about Tls. 3.70. I paid cash for all of
them. I had to get loans for this purpose from the
Dank nearly to the full value. I...”
|
|
6 |
|
“...February Qtk 1867.
SUPREME COURT & CONSULAR GAZETTE.
6S
and the Bankrupt says that although the news turned
out to be false, it was a fact that the price he paid for
the larger portion of the Shirtings was less than at that
time they could have been bought at in Europe. He
states further that he bought in a market that was fall-
ing; but which had reached almost the lowest point
that it had attained to during the-last six months of
the year 1865. After he bought it appears that the
market rose at one time to as much as Tls. 4 the piece,
but that the China New Year intervening, he did not
sell, as there were few buyers, and held on in expecta-
tion of a rise after the festivals should be over, and
that subsequently he did not sell from fear of depress-
ing the market already falling. He states that the
Mercantile House who with himself had cognisance of
the Contents of the telegram, also bought but not to the
extent that he did, and that other Houses were also
buyers. The mode in which he...”
|
|
7 |
|
“...64
SUPREME COURT & CONSULAR GAZETTE.
February 9th 1867.
are continually engaged in them ; that money is ad-
vanced by the Banks in aid of them, am I justified in
judicially denouncing them “rash and hazardous
speculations ” within the meaning of the words of the
Act ? I conceive not. If I were to call them so I
should be indirectly charging the Banks themselves
with being equally guilty with the Baukrupt ; for if it
was rash in the Bankrupt to enter on such specula-
tions, because they were such as no reasonable men
would enter into, then the Banks were rash in advanc-
ing him money, because they had full knowledge of
the nature of the transaction upon which they lent
their money. The credit of the Bankrupt would not
alter the nature of the transaction itself—it was either
rash or was not—and by “rash” is meant that the
chances of its being successful were extremely slight
in comparison with those that it would prove unsuc-
cessful. If the section, under which I am asked to
burden the grant...”
|
|
8 |
|
“...and robbery in conjunction
with Calely and Smith, tried at the Supreme Court
before Sir E. Hornby on the 28th ulto, and sentenced
to two years’ penal servitude in Hongkong. The pri-
soner admitted his complicity in the’robbery, and Mr.
Consul Winchester explained the nature of the sent-
ence which had been passed on his companions ; but
recommended His Excellency to pass a mitigated sen-
tence upon him in consideration of his having given
such evidence as had aided the ends of justice in the
case tried at H. B. M. Supreme Court. The prisoner
was sentenced to six months’ imprisonment and depor-
tation at the expiration of the time should be not be
able to find security , for his future behaviour.
THE SAILORS’ HOME.
Meeting of the Committee of the Sailors’ Home,
held at the Home, Hongque, on Thursday, Janu-
ary 31st, 1867.
Present.—C. A. Winchester, Esq. H. B. M. Consul,
Chairman, Sir Edmund Hornby, Chief Judge H. B.
M. Supreme Court; Captain Haswell, Senior Naval
Officer; Revs. C. H. Butcher...”
|
|
9 |
|
“...66
SUPREME COURT & CONSULAR GAZETTE,
fobniary tok IS37.
power to grant or wlthold 5 and he thought himself
flailed upon to endeavour to prevent their going into
low grog-shops and boarding houses, it if were possible
to get them a comfortable home at rates not higher
than those in other houses. This object had been se-
cured by the arrangement which had been entered into
with Mr. Kelly. It was agreed that he should rent
the house on his own responsibility from the old pro-
prietors at Tls. 200 per month; and have quarters and
a salary of $200 per month for his services. Mr.
Kelly had also expended a sum of $900 for the neces-
sary furniture &o. It was stipulated that any profit
which the institution might make was to go to the
Fund for the Relief of Distressed Seamen. Unfortun-
ately the times had been so bad that the Home had not
paid—and a debit balance of $1,473 stood in the ac-
counts as stated by the Secretary.
Mr. Whittall thought that if a reduction in rental
were taken by the p...”
|
|
10 |
|
“...to
report in favor of the gradual sale of gold at public
auction, not exceeding $40,000,000.
A bill was introduced by Mr. Pomeroy for the
construction of the southern branch of the Union
Pacific Railroad and Telegraph line.
New York, Dec. 24.—Ibis believed that the Revenue
Commissioners will recommend a reduction of the rates
both of impost on imported goods and of internal taxa-
tion, and the intention is received with great favor
among commercial circles irrespective of party.
In the State Supreme Court, action has been inst-
ituted against Charles G. Cornell, ex-Street Commis-
sioner, and the Mayor, Aldermen, and Common Council
of New York, charging them with defrauding the city
of over $200,000.
AVicksburg, Mass., Deo. 24.—A fire last night
destroyed three entire blocks. One hundred buildings,
among which were thirty eight brick structures, were
destroyed. One hundred families were rendered home-
less. Two white children and four negroes perished
in the tames. Six negroes were killed...”
|
|
11 |
|
“...68
SUPREME COURT & CONSULAR GAZETTE.
February 9th 1867.
Kin Kee, for interest on a loan of Tls. 30,000
was further investigated ; and evidence, in substance
the same as that' given by Kin-kee at the Supreme
Court in the case of Kin Kee versus Adamson & Co.
was taken. Judgment was reserved. The claim by
Jardine, . Matheson & Co. versus Chn-Quai was also
again brought forward, and Mr. Mitchell on behalf of
the Defendant, stated that he had applied to the Court
to summon Mr. E. Wliittall to answer the question
whether he was a partner in the E-wo Bank. He added
that the point had an important bearing upon the case,
as he found that about Tls. 300,000 instead of being
paid to Chu-Quai in cash had been paid to him by an
order on that Bank, he added that there were several
items in the account disputed, and that he intended to
fde a petition for judicial relief in the Supreme Court.
The case was accordingly adjourned sine die.
The Higher Tribunal of the Mixed Court, composed
of the Taoutai and...”
|
|
12 |
|
“...February 9/A 1867.
SUPREME COURT & CONSULAR GAZETTE.
69
Inclusive of the James' Shepherd, sailed for London
on the ‘28th ulto., with 822,538 lbs. Black and 277,235
lbs. the Green, our Export to London now is 44,660,800
lbs. Black, and 7,259,1001b. Green, against to same period
1865/6,40,262,350 Black, and 8,320,400 Green. Inclusive
of the Horatio, sailed on 27th inst., for New York with
478,934 lbs. Green, our Export to the United States
and Montreal now is, 52,700 lbs. Black and 11,055,900
lbs. Green, against to same period 1865/6, 327,800 lbs.
Black and 10,000,000 lbs. Green.
Silk. About 150 bales have changed hands during
the week, making the total settlements for the mail
180 to 200 Bales. Prices are in most cases firm, es-
pecially for any classes with pretentions to quality. A
fair chop of No. 3 Tsatlee has been bought at Tls. 575
per picul = at Exchange 6/1, 30/5 per lb. The London
value for this class was 31/6 per lb. Stock continues
to be estimated at 600 bales.
Opium :—Malwa.—At...”
|
|
13 |
|
“...70
SUPREME COURT & CONSULAR GAZETTE.
February 9th 1867
IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA ANU JAPAN.
Prisoners sent in 1865 to Hongkong to undergo their Punishment in that Colony.
Date of From what
No. Fames Femofal place
1 Owen Roberta 9th Sept. Niugpo
2 Francis Oliver Ducro ,, ,,
3 James Reeves 1st Dec, Shanghai
4 'Wiliam Box ,t ,,
6 James Kelly „ it
Offence
Assault
Do,
Robbery with violence
Do.
Do,
T erm of Imprisonment.
3 m onths with hard labour
Do.
3 years penal servitude
Do.
Do,
Prisoners sent to Hongkong during the year 1866 to undergo their Punishment
in that Colony.
Ningpo Attempt of robbery
Foochow Manslaughter
™ Do*
jr f JjeVTCGHy
Shanghai Murder
f, Larceny
,, Attempt of murder
,* Mutiny on board of a vessel
„ Do.
Do.
Date of
Femoral
1 John Black 6th Jan.
2 Edward Thomas Bolt 2nd Feb.
3 John Scott ,,
4 Richard Derren
5 Mohamed
6 William Thompson
7 William Beck
8 Robert Haywood
9 Thomas Bailey
10 Ranns Roth
Wo.
Names
6th April
16th April
21st April
Term of Im...”
|
|
14 |
|
“...SUPREME COURT & CONSULAR GAZETTE,
NOTICES or PI&MS,
1} EFERRING to our advertisement of the 1st Jan.,
Y notice is hereby given that Mr. George Tyson
remains in our firm, his interest continuing as herefco-
f°re’ RUSSELL & Co,
Shanghai, 2nd Feb., 1867.
NOTICE.
WE have this day commenced business as Public
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 S. Grew
have retired from our firm in Hongkong and
China, their interest and responsibility ceasing this day.
RUSSELL & Co.
China, 1st January, 1867.
NOTICE,
MR, Edward Cunningham has re-entered our firm
to which also Mr. William H. Foster Jr, is
admitted partner, their interest and 'responsibility
commencing this day,
RUSSELL & Co.
China, 1st January, 1867.
NOTICE.
THE interest and responsibility of Mr. W.S. VAN Ree-
sema in our firm, ceased on the 31st ulto., and Mr.
Theodor Probst has this day been admitted a Partner...”
|
|
15 |
|
“...SUPREME COURT & CONSULAR GAZETTE.
IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN
NOTICE OF DEATH.
Name of Deceased.
Robert Muirliead Keddie
Jame Christie
John Mackinnon
------Bigg
Susan Martin
James 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,
II. II. Wiggins,
Walter Schoole,
J. C. Swan,
Levin Joseph,
Annette Hoskings,
John Walter Wood Wade,
William Carter,
James 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...”
|
|