1 |
|
“...118
Partnerships, Causes for Hearing, &c.....1 18
Memoranda, .........................—.....10S
Meteorological Table, &c..................118
NOTIFICATIONS
H. B M. Supreme Court.
H. B M. Supreme Court.
THE BANKRUPTCY ACT, 1867.
Shanghai, 8 th March, 1861.
NOTICE is hereby given that the first Meeting of
Creditors of Kenneth Ross Mackenzie who was
adjudged bankrupt under a petition for adjudication of
bankruptcy held in Her Britannic Majesty’s Supreme
001111; for China and Japan at Shanghai, on the 18tli
day of February 1867, having been held on the 5th
day of March instant, before Charles Wycliffe Good-
win, Esq., Registrar in bankruptcy, the Court has ap-
pointed a public sitting to be held before Sir Edmund
Hornby, Knight, Chief Judge of the Supreme Court
aforesaid, on Friday, the jl2th day of April proximo,
at the Supreme Court, at Shanghai aforesaid, at 11
o'clock in the forenoon, precisely, for the said bank-
rupt to pass his last examination and to make appli-
cation for discharge...”
|
|
2 |
|
“...SUPREME COURT & CO NSULAR GAZETTE.
British Consulate, Tientsin.
NOTIFICATION No. 32.
H. B. M. Consulate,
Tientsin, 2\st December, 1866.
ALL persons indebted to the estate of the late Henry
North, formerly in the employ of the Chinese
Customs, are requested to make immediate payment to
the undersigned ; and all persons having claims against
the said estate, are requested to send in proof of the
same on or before the 31si March, 1867.
J. MONGAN,
II. B. M. Consul for Tientsin.
British Consulate Hankow
In the Estate of
ARTHUR LAWRENSON, Deceased
ALL persons having claims against the Estate of
Arthur Lawrenson, deceased, late keeper of
the Hulk Tchapoo of this port, are requested to send
them in to the undersigned on or before the 22nd Febru-
ary 1867, and all persons indebted to the Estate are
requested to make prompt payment to the under-
signed.
W. II. MEDHURST, Consul.
British Consulate,
Hankow, 22nd December, 1866.
H. B M’s Provincial Court, Kanagawa
In r& C. G. Osborn, deceased,
and Thomas...”
|
|
3 |
|
“...March 9 th 1867.
SUPREME COURT & CONSULAR GAZETTE.
103
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.
Supreme dour! anil Consular
Shanghai, March 9th, 1867.
The nature of the engagements under which the
Assistants in Mercantile Firms come out China
is such that it is desirable as much attention
should be called as possible to its true bearing.
The peculiarities of the Trade have made it cus-
tomary for young men to become engaged at
home for a period of years in China, and such
“ openings” are, as a rule, seized with more avid-
ity than the ultimate chances of advancement
which they offer can be held to justify.
Many young men who are in receipt of small
salaries at home are tempted by a larger sum to
come out to China, little imagining that the
expenses...”
|
|
4 |
|
“...104
SUPREME COURT & CONSULAR GAZETTE.
J/arcA 9 A 1867.
which the Land Renters of this settlement in
their exclusive character will hold. Next year a
large section of the public will have a voice, and’a
powerful one, in its government, and the Council
will cease, to act as the representatives of only one
class of the community. While everyone must
be more or less satisfied that such a change is de-
manded by the progress of events, yet we feel
sure that there will be very few who will not
be ready to bear testimony to the zeal which
the Land'Renters have shewn for the interests of
others besides themselves.
Whether"the Government, so far as it extends, is
carried on by a Municipality or by a Committee of
Land-renters, the Consul will always be called on to
play an active, part in reference to it, because in him
alone resides all coercive authority. No taxation can
be compelled without his decree. No police regulation
enforced except by his order.
Now the source of the authority of Consuls...”
|
|
5 |
|
“...March 9th 1867.
SUPREME COURT & CONSULAR GAZETTE.
105
although not guilty of what can be fairly looked
upon as criminal neglect or rashness, there can
be no doubt that those entrusted with these in-
terests do not watch them with the same
circumspection as if the capital were their
own; and when they find their neighbours work-
ing against them, are very apt to overlook those
rules of prudence which ought properly to guide
their actions. The same principle is likewise at
work with those to whom the capital in Banks
is lent for the purpose of trading. The large funds
are loaned out either directly or by the purchase of
Bills, to numberless individuals or firms all
pushing and struggling each against the other;
and the majority conducting their business
merely upon this borrowed capital. Hence a
very detrimental element finds its way into the
actual transactions upon whose collective success
the profit or loss of the money invested in the
Banks must ultimately depend. Great subdivi-
sion...”
|
|
6 |
|
“...106
SUPREME COURT & CONSULAR GAZETTE.
March Qtk 1867.
ing and of meeting the overdue Bills which
the Banker holds over him as a rod of terror.
It is at this point that Competition and Com-
bination, long estranged and at enmity, will again
become reconciled ; acknowledge that they have
misunderstood one another ; and perceive that
they will both wprk more for the good of society
if they can go on hand in hand. Combination
will smile at the error she made in imagining
that she could only be supported by restrictive
legislation and the privileges of monopoly;
while competition will own that she has has
gone too far in believing that trade any more
than polity can be sound, except individuals be
governed and restrained for the common good.
In these Trading Companies we believe the
principle of combination will again assert itself
on a liberal basis, and society will discover
that while they were right in resisting undue
and uncalled for Government interference, they
were mistaken in thinking...”
|
|
7 |
|
“...March Qth 1867.
SUPREME COURT & CONSULAR GAZETTE.
107
bis health, Dr. Thin wrote an answer, with regard to
summer. In reply to the Plaintiffs enquiries as to
which the Jury would hear from himself. About a
fortnight afterwards Mr. Hazeon returned to Shanghai
and the Plaintiff on the 1st Nov. received from Mr.
Hazeon a letter stating that as his health would not permit
him to perform his duties, his services would no longer
be wanted. On receipt of this letter the Plaintiff had
an interview with Mr. Hazeon and urged that there
was no justification for the firm’s dismissing him. He
also called on the chief medical practitioners, and ask-
ed their opinions ; having done which, he wrote to Mr.
Hazeon in hopes to turn him from his purpose,
but Mr. Hazeon insisted on annulling the agreement.
On 30th Oct. the Plaintiff wrote this letter, and on
the same day Mr. Hazeon replied, informing the
Plaintiff that he was to leave in three months
On the 1st Feby. the date of the expiration of this
notice...”
|
|
8 |
|
“...108
SUPREME COURT & CONSULAR GAZETTE.
March 9th 1867.
very likely would take the longer to rally. I did not see
him when he was ill. I should think a man of Mr.
Rowbotham’s age coming out for the first time would
be more susceptible to the climate than a younger man.
C. F. Jackson.—I was at Chefoo with Defendant in
August last. He was in good health before I left. I left
about the 9th September. The Chefoo residents con-
sidered the summer very hot. It was cold compared
to Shanghai. 1 walked with the Plaintiff about eight
miles over a heavy country, he was not in the slightest
inconvenienced.
Mr. Lawrance who appeared for the Defendants,
stated : It was with great reluctance that my clients
came into Court on the suit, but they felt it their duty
to adopt the course they had taken and to which the
Plaintiff would not submit; as they considered that
they were acting in the matter with a proper sense of
the duty whieh they owed to themselves, to their
firm, and also to Mr. Rowbotham. The...”
|
|
9 |
|
“...the Plaintiff’s
SUPREME COURT & CONSULAR GAZETTE.
109
health failing altogether. He had suffered and had
since recovered, and the provision could only be en-
forced in a case of actual, not probable, incapacity It
will be for you to decide whether the judgment exer-
cised was sound and also whether it was within the
limits of the clause. There is one point which must
be borne in mind as to the Plaintiff’s inability to per-
form liis duties, namely that as the agreement pro-
vides for medical attendance, it is clear a certain
amount of illness was anticipated. If you be of opin-
ion that the judgment was not reasonable or not exer-
cised within the limits of the clause, you will then
decide as to the amount of damage which has been sus-
tained .
The Jury, after retiring a short time returned, and
gave a verdict for the Plaintiff, damages Tls 8,000.
The decision was received with cheers among the
spectators ; His Lordship, however, calling them to
order.
H. B. M. SUPREME COURT.
Before C....”
|
|
10 |
|
“...110
SUPREME COURT & CONSULAR GAZETTE.
March 9th 1867-
box. The things were new when I bought them. I had |
them about six months. The prices are taken from a ;
Cash Book that was not lost. It was in another box. I
had but one cash book.
To the Court.—The loss of the two boxes occurred
at Galle about the 12th Sept, on my way home.
H. G. Bell. —I am a clerk. I recollect the Plaintiff
leaving Shanghai. I recollect the furniture coming from
his house to Primrose’s premises. The furniture was
put about the house. I recollect the work being done.
I saw a. rough sketch. 1 recollect the alterations. There
was some extra work. A portion of it was in my own
room. A part was taken down and afterwards put up.
I knew there was some alteration and extra work,
namely ceiling in two rooms, altering verhnd, ah and
making pantry.
To Mr. Eames,—Mr. Cochran was living in the house
when the furniture was brought. I cannot say whe-
ther it was delivered to Mr. Primrose or Mr. Cochran.
I merely know it came to...”
|
|
11 |
|
“...March 9th 1867-
SUPREME COURT & CONSULAR GAZETTE.
Ill
noon from gaol. This morning 1 asked him if he in-
tended to go to his work and he declined.
The prisoner said that the Captain called him bad
names, e. g. “a lazy scoundrel,” and food was not good,
and he wished to be discharged. The Master said that
tho Prisoner was in debt to the ship to the extent of 17/9.
The Prisoner undertook to go on board and work off
the debt and $1 costs, paid by the Captain in this case,
and then get his discharge, the complainant being wil-
ling to grant it.
March 4th 1867-
Before R. A. Mowatt Esq.
John Dean, of'IT. M. Gunboat Hardy, was charged
with furious riding on the Hongque Bund.
The Prisoner denied the charge “unless going at a
trot be riding furiously.”
Police Sergt. ^George Sterd. This morning at half
part 10, I saw the prisoner on a pony, which he was
urging forward as fast as it could go. I ran out in
front of it and the prisoner drew up and I took him in
charge.
To the Court. The Prisoner was...”
|
|
12 |
|
“...SUPREME COURT & CONSULAR GAZETTE.
March 9th 1S67.
sufferers by this fraud than myself, but it would be
in my judgment an injury nearly as crying to make
these cautioners responsible for the consequences of
acts beyond the plain letter of the guarantee bond.
Finally, I desire to propose to your Excellency that
the respondents may on the application of either the
Plaintiffs in the case decided in the Supreme Court or
the appellants in this case be held bound to make the
exertions customary in this country to produce the
fraudulent defaulter.
CHAS. A. WINCHESTER,
H. B. M.'s Consul.
MIXED COURT.
March 8th 1867.
Before Chen and Chu Wei-Yuans and C. Alabaster,
Esq.
Gibb, Livingston & Co. v. Eu-Yu.
In this case the Plaintiffs claimed the. performance
of a contract for 5,698 pieces White Shirtings sold to
the Defendant through Messrs. Gundry & Co. Brokers.
The Defendant admitted the contract, but stated that
he had arranged with Messrs, Gundry & Co. that it
should be cancelled on his paying Tls...”
|
|
13 |
|
“...March Uh 1807.
SUPREME COURT & CONSULAR GAZETTE.
115
develop something new ; this they took on themselves
to dub foreign ; but, in reality, .the science (fa, the
way or rule) was Chinese. Thus has it been with
astronomy and arithmetic ; and so w$th every other
invention. China discovered, and the men of the west
appropriated it.
Now, if China were to get before them [in science,]
in that she would then possess within herself a tho-
rough acquaintance with fundamental principes, she
would in no case be obliged to look abroad for what she
might require. The advantage therefore [of her being
educated in the manner proposed,] is really not incon-
siderable.
Yet farther ; the arts of western men were had in
the highest esteem by Your Majesty’s Sainted Ancestor
canonized as the Humane (K‘ang Hi). Foreigners were
given posts in the observatory ; there were by law al-
ways to be some on its establishment. All tolerating,
all comprehending, how infinite was the wisdom of His
'Majesty ! Nor does...”
|
|
14 |
|
“...114
SUPREME COURT & CONSULAR GAZETTE.
March 9 th 1867.
wish to enter the college for the improvement of their
scientific knowledge, will be admitted, if provided
with certificates, without reference to their years.
2. —It is requested that in the interestuof their studies
the officers admitted to the college be directed tofreside
there. To the success of an undertaking an abiding
attention is essential ; to study hard it is necessary to
be close to one’s teacher. The officials who remain in
the college as students must be there early and lato,
learning by the explanation [sc. lectures of their teach-
er], enquiring when they are in difficulty. Thus
is it that they will in due time make way. If they
are to leave home in the morning and to return in the
evening, no little time will be lost by their running to
and fro, and their thoughts will be diverted from
their studies. It is proposed therefore that all officials
whether from the capital or the provinces, who may
be students in the college...”
|
|
15 |
|
“...March 9/7/, 1867.
SUPREME COURT & CONSULAR GAZETTE.
115.
of a set got up privately, but all the money recei-
ve! went to the General Fund.
Mr. Turnbull thought it would be best to
leave it to the Committee to enquire whether the
Corps were liable.
The Chairman was of a similar opinion, and
suggested the appointment of a special Committee
to enquire into the matter.
Mr. Pearson thought the amount must have
gone to the general account.
Mr. Todd had at the time told the Treasurer
that the amount was due on the general account.
Mr. McAlman proposed that Sir E. Hornby,
Messrs. Markham, Love, and Merry form a special
Committee to investigate the claim and award the
amount if found to have been received.
Mr. Tate thought the matter was clear enough
as due and asked, why not pay it?
The Chairman pointed out that if the sum in
question formed part of a private collection passing
through the General Fund, it'.was quite possible that
all that had been received on the special account
had been re-paid...”
|
|
16 |
|
“...116
SUPREME COURT & CONSULAR GAZETTE.
J/a-rcZi 9/7US67. .....
decided that a list should be sent round to the
members to obtain their assent and subscriptions.
This had been done but the attempt to arrive at
any practical eud had been abortive. Seventeen
members had expressed their willingness to pay
Tls. 10, and fifteen to pay Tls. 5 ; two had made
a condition that Messrs. Maclean and Breuell
should have the choosing of the arm, nine had
refused, and remainder of the Corps expressed no
opinion.
A discussion then took place as to liow far the
offioers of the Custom Mouse Corps should have a
Voice in passing the accounts ; and it was ultim-
ately decided that they should vote with respect
to the sums such as the cost of keeping the Butts
&c., which they shared with the Corps and that
the Treasurer should enter these amounts under a
separate heading in his account.
Mr. Cann would be glad to know whether the
meeting wished anything to be done with re-
gard to supplying the Corps with a better...”
|
|
17 |
|
“...SUPREME COURT & CONSULAR GAZETTE,
state, and making rapid
March 97/. 1867.
T17
117
concluded to lease the cricket ground from the Recrea-
tion Fund Committee atTls. 300 per annum for ten years.
The Committee have been instructed to deal with a
proposition emanating from Mr. Wilson of Lane, Craw-
ford & Co.’s, that a second Club which that gentlemen
designs to get up should be allowed to use the ground
upon the basis of either arranging for them to have
the use of the ground under certain restrictions or their
being balotted for as members of the present Club.
We hear of the following charters having been
effected, namely the clipper ship Taiping to go to
Swatow, thence to Foochow and back to Shanghai;
the steamer Erl King to ply between the Coast ports
for three to lifteen months at the option of the char-
terers, Messrs. A. Heard & Co., at $8,000 per month,
and all expenses. •
Two shares in the S. S. N. Company were sold at
Auction during the past week and realized Tls. 925
each.
The prisoner...”
|
|
18 |
|
“...118
SUPREME COURT & CONSULAR GAZETTE.
March 9th 1867.
Ella and Camlets are occasionally asked for, but other
colors are downward.
The business of the present Chinese year so far is re-
garded as very unsatisfactory and holders are waiting
impatiently for the return of the first Tientsin Steam-
er in the hope that the news received will give an im-
petus to trade
Tea..—Owing to the more favorable advices from
England, to hand per French mail, holders of Congous
have continued very firm, and in some instances
have obtained a slight advance on rates ruling at the
date of our last report. Prices are still considerably
over London quotations of 17th Jany. and the quality
of all our Stock poor and undesirable.
Green Teas—have been in request at an advance of
Tls. 1 a 2 for fine and finest, which are now in
moderate compass, while for all common classes a
concession in price of about Tls. 2 would be willingly
accepted. These latter kinds, however, are so low in
price both in England and the States...”
|
|
19 |
|
“...SUPREME COURT & CONSULAR GAZETTE.
IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN.
Prisoners sent in 18G5 to Hongkong to undergo their Punishment in that Colony.
Names Date of Removal From What place Offence Term of I mprisonmen
1 Owen Roberts 9th Sept. Ningpo Assault 3 months with hard labour
2 Francis Oliver Ducro »» 1st Dec. Shanghai Do. Do.
3 James Reeves Robbery with violence 3 years penal servitude
4 Wiliam Box 11 >» Do. Do.
5 James Kelly n »» Do. Do.
TO UNDERGO THEIR PUNISHMENT
Prisoners sent to Hongkong during the year 18GG
in that Colony.
Date of
Removal
John Black 6th Jan.
Edward Thomas Bolt 2nd Feb.
John Scott ,,
Richard Derren
Mohamed
6 William Thompson
7 William Beck
8 Robert Haywood
9 Thomas Bailey
0 Ranns Roth
No.
Names
6th April
16th April
21st April
f rom what'
place
Ningpo
Foochow
Term of Imprisonment.
3 months with hard labour
12 months with hard labour
Do.
6 months with hard labour
20 years penal servitude
3 months withhard labour
2 years with hard labour...”
|
|