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“...SUPREME COURT & CONSULAR
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. T SHANGHAI, SATURDAY, 16th FEBRUARY, 1867. No. 7
CONTENTS.
Leaping Articles.
On the Memorial from the Tsunlee Yamen,
Combination and Competition, .........
Notes and Queries.......................
Cases in H. B. M.’s Supreme Court.
Summary Cases,........................
Police Cases. ........................
Cases in Mixed Court.
Page,
..71
.72
..73
..74
..74
74
Page
I Report of Meeting of Committee of British Episco-
pal Church Society, ....................75
News of the Week,...........................79
Commercial Summary,.........................80
Quotations, Shipping &c., ..................81
Partnerships, Causes for Hearing, &c........81
Memoranda, Meteorological Table&c............81 ]
NOTIFICATIONS
H. B M. Supreme Court.
H. B M Supreme Court
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN.
In the Court of Vice Admiralty.
WHEREAS a cause has been instituted in the
Court...”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Legation
United States Consulate General.
thority and power vested in me by the 85th Section of
the China and Japan Order in Council 1865,- I do de-
clare and order that it shall be lawful for and the duty
of Her Majesty’s Judicial Officers from time to time,
and when it shall appeal' necessary, to summon before
them and enforce the attendance of all persons who, it
may be reported to them, have no ostensible means of
livelihood, and then and there require of such persons
to state, and where expedient to produce, evidence of
the means they possess of subsistence ; and should it
appear that shell persons possess no ostensible means
of livelihood, then it shall be lawful for such Judiciai.
Officers to order that such persons shall inform the
Court of their place of residence, and shall also report
themselves to such persons as the Judicial Officers
aforesaid shall direct, at such times and with such for-
malities as shall he. then directed: and any...”
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“...February \§th 1867.
SUPREME COURT & CONSULAR GAZETTE,
71
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 will be received till 10 a.m. on Saturday.
No communications can be noticed unless accompanied by
the name of the writer*
Salome <£mwt anb donsnlar (S^ette
Shanghai, February IGth, 1867.
Among the considerations which, in former
times, most disheartened the friends of China, was
the resolute rejection by the governing classes
of ideas proceeding from foreign so a.- \s. They
wrapped themselves up in the noth 1 of their
own superiority, and placed the ban of exclusion
on every proposal of progress emanating from
without. Was not China the greatest empire in
the world? Was not its sovereign the son of
Heaven, to whom all the nations of the earth
were tributary ? Was not its system of morals
the gift of a great teacher, such as no other
country had ever’ produced? Was ’not...”
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“...72
SUPREME COURT & CONSULAR GAZETTE.
February Ibth 1S677
languages. The literary bodies in the several
Provinces are to be invited to send the elite of
the youth to study these subjects. The recog-
n sed official curriculum of the Empire is to in-
clude the inventions of barbarians, their arts
and their knowledge. Only those who have
come into contact with Chinese scholars and of-
ficials can appreciate the importance and the signi-
ficance of such an announcement. It is the
official admission that the outer wall of par-
tition between the empire and the foreign bar-
barian has been broken down ; and that he who
will, may pass between them. The fact of this
memorial having been presented to the throne
without the exertion of any pressure, and in the
absence of the employe, on whose assistance they
had chosen wisely to rely for the practical car-
rying out of the scheme, indicates, we trust,
a determination on the part of the Government
to think out for themselves the problem of the
future...”
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“...February \§th 1807.
SUPREME COURT & CONSULAR GAZETTE.
73
and obsolete as are many of their theories, there
can yet be no doubt that they have retained a
few of the useful elements of a former state of
society; and among these stands prominently the
principle of combination for trading purposes.
Though we should by no means be so bold or so
unreasonable as to advocate the return to a sys-
tem of guilds, much less to one of monopolies, we
cannot but think that the chief element from
which these organisations sprung, namely the
necessity for combination, is essential to the pro-
per conduct of trade, however defective the or-
ganisations which existed in Europe in former
days, or exist at the present day in China, may
have been or are in themselves. It is impossible
to ignore the disasters that are brought about
by the competition which characterises our
trade, seeing that periodical panic and widespread
misery are the accompaniments of commerce, and
that the most important branches of business...”
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“...74
SUPREME COURT & CONSULAR GAZETTE.
February Ibth 1867.
all the Common Law incidents (of which the ex-
tent of the penalty is one) are impliedly attached
to it. In the present instance, then, where the
offence evidently does not amount to a felony, it
must rank among misdemeanours ; and the Com-
mon Law punishment for such is fine and sureties
to keep the peace, or imprisonment in default of
paying the one and finding the other.
H. B. M. SUPREME COURT—SUMMARY CASES.
February 8th, 1867.
Before C. W. Goodwin, Esq.
YingTyeFat W. Holyman. Claim for $82.51 for
provisions supplied to:8chooner Wing and Wing. Claim
admitted. Order made to pay- in 14 days with costs $3.
February IRA
Before C. W. Goodwin, Esq.
J, Bernard, Secretary of the Shanghai General Hos-
2 Jal, v /ems Chas Robinson. Claim for $ 99 for Hos-
pital expenses incurred by defendant’s brother.
Claim admitted—ordered to pay $99 and costs $ 3,
total $ 102, to be paid by instalments of $ 34 per
month—th j first instalment to be paid...”
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“...February \§th 1S67.
SUPREME COURT & CONSULAR GAZETTE.
75
Mr. Hogg in summing up the points of his case, laid
stress upon the fact that the men had continued in oc-
cupation, and had given no notice of their not consider-
ing themselves liable under the lease.
(Judgment reserved.)
Adamson & Co., v. Kin-Kee.
Judgment.
In this case Adamson & Co. claim repayment of a
specific loan of Tls 30,000, and one year’s interest
thereon, Tls. 3,000. No memorandum or promissory
note appears to have been drawn up at the time, but
in a document signed in 1866, Kin Kee most fully adt
mits the debt. There is no evidence before the Cour-
to shew that this document was obtained by fraud or
violence, And the presumption is very strong against
the employment of either. The Court, therefore,
directs Kinkee to pay the amount claimed and the
costs of this suit within I t days.
Notice given that Defendant intended to appeal.
chttrch meeting!
Minutes of a Meeting of the British Episcopal
Church Society, held at H...”
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“...76
SUPREME COURT & CONSULAR GAZETTE.
February Doth 1867.
The Account of the Treasurer and Trustees of the
tish Episcopal Church Establishment at Shang-
hai, for the year ending 31s£ December, 1866.
Dr.
1866. Taels, ex. £ s. d'
Dec. 31, To Pew Rents for 1866, say:
From British Subjects as per
"appendix B., .......... 3,734.62 6/1j 1,147 12 4
,, Foreigners as per appen-
dix C., ................ 443.75 „ 136 7 2
Dec. 31, Balance due,......... 2,455.74 ,, 754 12 6
Taels 6,634.11 £ 2,038 12 0
Cr.
1866. Taels.
Jan. 1, By Balance, ...
Dec. 31, Amount of Incidental
Expenses of the Church
during the year 1866 as per
appendix D,................. 980.10
Dec. 31, Amount paid Chaplain
this year, ................. 3,400.00
Dec. 31, Interest on Balance of
late Treasurer, ............ 59,99
£. s. d
. 2,194.02 6/l| 674 4 0
301 3 6
1,044 15 10
18 8 8
Taels 6,634,11 2,038 12 0
E. & O. E.
Shanghai, 13th January, 1867.
We hereby declare upon honour that the above account
is just and true, according to the best...”
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“...February \§th 1867.
SUPREME COURT & CONSULAR GAZETTE.
77
time, it was determined to enter into a separate con-
tract with Messrs. Farnham & Co. to pile the ground,
which contract was signed qn the 18tli January, and
the works were actually commenced on the following
day.
We found the ground unusually hard for Shanghai,
so much so, that a large gang of coolies ^working in the
ordinary manner could only drive two or three piles a
day. Their mode of working was therefore dispensed
with and machines employed instead. In some parts
we came across the foundations of the old Church and
it is satisfactory to know that the piles, which are of
the same kind as those used for our new building, were
in an excellent statfe of preservation.
The foundation for the proposed tower and spire has
been made at the N. E. corner of the building, instead
of the S. E., as originally intended, in consequence of
the ground at the S. E corner being a little softer than
that at the N. E., and therefore not so well...”
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“...78
SUPREME COURT & CONSULAR GAZETTE.
February Ibth 1867.
Bronqkt ward ......
Mr. W. Tct- :..........
Geo. J. AV. Co-vis Esq, ...
Alfred AVesls'i Esq..
Dr. G. F. Parker.. ... .,.
Dr. F. Robra; •
AVm. k-- - . ~. ..
K 5Lccs.II B u, .. ..
D. M • I ~u
3?. Hirk. '
A. Stevenson Esq. ..
F. B. Fairiev Esq.....
K. J. Sbrarab Mq.......
Cantam Patiidgo .......
Captain Lewes ......
G:pi : ..
AV. H. Grade Esq,- ....
G ?,o. Book Esq........
M. H. Croma’d-ie £Uq...
E. Fischer Esq........
A. A. Krauss Ikq.
T. Kj e ........
Messrs. Brooker
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“...February 1G^ 1867.
SUPREME COURT & CONSULAR GAZETTE
79
aided in, or resorted to Shanghai during the said year, and
have made their payments to us at this places.
W. G. Cuthbertson, Trustee.
Hy. Dickinson, Treasurer.
Appendix. D.
Detailed Statement of Incidental Expenses from
lsi January 1865 to 31s£ December 1865.
J an. I860.
13, To North China Herald Advertisment, Tls. 1.65
Feb.
20, „ Church Coolie Cumshaw $5 a 74, ,, 3.70
23, ,, A. ^Coulter, Clerk, Wages of Coolie $8 a 73.6 ,, 5.8V
23, ,, Do. one Ton Coal $13.25 a 73.6, ,, 13.43
March
1, To Sayle Peacock & Co. a Damask Table Cloth
for Communion Table, $10 a 73, ,, 7.30
15, ,, Rev. Chas. H. Butcher, account presented
to Mr. Cull, but not paid, ,, 18.65
22, ,, Royal Assurance Co. Premium Furniture in
Chaplaincy £3.10/. a 6/4. ,, 11.05
22, ,, Royal Assurance Co. Premium on Tempor-
ary Church £13.2.6 a 6/4. ,, 41.45
April
6, To A. Coulter, Clerk, Wages, ,, 50.00
6, „ Do. Coolie Wages $16 a 73.50, „ 11.76
6, „ Do. one Ton Coal $17.85, „ 13...”
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“...80
SUPREME COURT & CONSULAR GAZETTE.
February \§th 1887.
Attention has been forcibly called during the past
week to the old grievance of the Chinese Banks and
their speculations in Mexican Dollars. On the 9th inst.
a deputation of Chinese officials visited the Ting-Sliun-
Chwong Bank, in the Honan road, among them
were the Hai-Fung-Ting, the Che-Hsien, Chun, the
Wai-Yuen who adjudicates at the Mixed Court, and
other magnates. It was at first stated that the visit
had reference to certain accounts with Chu-quai, whose
failure has recently attracted much attention ; but it
subsequently appeared that it had reference to certain
Government moneys which it was alleged were dep< sit
ed at the Bank. So far as the matter has as yet been
.cleared up, it seems to be as follows. The Chinese au-
thorities are in the habit of placing the collection of the
Lekin or War Tax, in the hands of the Waiyuans ; who
are permitted to deposit the money in such Bank as
they see fit to employ, and to appropriate...”
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“...Eelrritary* 16th 1867.
SUPREME COURT & CONSULAR GAZETTE.
81
consequently firmer than they were a week ago ; hold-
ers must, however, either make some slight concession
in their demands, or we shall probably again have no
transactions to report next week.
In Green Teas about 3,000 Half Chests only have
found buyers at previous market value ; holders of
all good and fine chops are very firm, but common
qualities can be purchased on slightly easier terms
There have been no departures either for England
or America since the 28th ulto. •
Silk.—The business done during the week has been of
such a trifling nature that it might nearly be stated as
nil. Stocks are so much reduced that any buyer who
enters the market must pay an advance. It is almost
impossible to buy 10 bales of any class that would sell
in London at the current market price of the day ; and
even these purchases appear to be eagerly made. With-
in the next two or three weeks some fresh arrivals
from the country are expected. Should...”
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“...SUPREME COURT & CONSULAR GAZETTE.
NOTICES OF FIRMS.
NOTICE.
[R. Warren Delano Jr., and Mr. Henry S. Grew
have retired from our firm in Hongkong and
China, their interest and responsibility eeahug this day.
RUSSELL & Co.
China, 1st January, 1867.____________________
NOTICE.
[ R. Edward Cunningham has re-entered our firm
jji to which also Mr. William H. Foster Jr; is
admitted partner, their interest and responsibility
commencing this day.
RUSSELL & Co.
China, 1st January, 1867.
PUBLIC AUCTION.
Mdloo.—Two valuable Leasehold Properties.
The one yielding a nett rental of about
Tls. 2,003, (Two Thousand and eight) and
the other Tls. 1,039, (One Thousand and
thirty-nine) per annum.
MESSRS. COWIE & Co. have received in-
struction to sell by Public Auction, on
Wednesday, the With February, 1867, at tlieir
Office, No. 26 Foochow Road, at Three o’clock
p.m., (unless previously disposed of by private
contract), the following very vakmble properties
1. —The utiexpired term of a Lease for five
years...”
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