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“...ONS
H. B- M. Supreme Court.
British Legation.
NOTIFICATION.
WHEREAS certain Pilot Regulations for the Port
of Newchwang were sanctioned and approved
by Her Britannic Majesty’s Minister in China under
date of January 5th, 1867, and promulgated by Her
Majesty’s Consul, the same have been and are now
suspended until further notice, in view of arrangements
contemplated by the Board of Foreign Affairs at Peking,
in communication with the Foreign Representatives,
for the establishment of a more effective system for
the regulation of Pilotage applicable to all the open
Ports and to ships of all nations without distinction.
RUTHERFORD ALCOCK,
Minister Plenipotentiary and Chief
Superintendent of Trade.
Peking, March 28th, 1867.
H. B M. Supreme Court.
IN H. B. M’s SUPREME COURT FOR CHINA
AND JAPAN.
The Bankruptcy Act, 1861.
Shanghai, 13th? April, 1867.
VV’HEREAS a petition for adjudication of Bank-
» V ruptcy was on the 8th day of April 1867, filed
in Her Britannic Majesty’s Supreme Court for China...”
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“...SUPREME COURT & CONSULAR GAZETTE.
H. B- M’s Supreme Court.
British Consulate Ningpo.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA & JAPAN.
Court of Bankruptcy
Shanghai, 5th April 1867.
In the matter of the Bankruptcy of S. Clifton.
OTICE is hereby given that a meeting of the credi-
tors of Samuel Clifton who was adjudged bank-
rupt on the 25th day of January 1866 will be held be-
fore Sir Edmund Hornby Knt, Chief Judge of Her
Britannic Majesty’s Supreme Court for China and
Japan at the Supreme Court aforesaid on the 18ZA day
of April 1867 at 11 o’clock in the forenoon precisely
when the official and sole assignee will submit a state-
ment of the whole estate of the bankrupt as then as-
certained, of the property received and of the pro-
perty outstanding, specifying the cause of its being so
outstanding, and of all the receipts and of all the pay-
ments thereon made, and any creditor who has proved
may attend and examine such statement and compare
the receipts with the payments. And...”
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“...Jlpril 13?Zt 1867.
SUPREME COURT & CONSULAR GAZETTE;
17$
//, 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 loiU be received till 10 a.m. on Saturday.
JVt) communications Can be noticed unless accompanied by
the name of the writer.
JBngteme (Court anb (Consular
Shanghai, April 13th, 1867.
In our last number we noticed some of the
most obvious legal points connected with the
consideration of the mode in which Foreign firms
conduct their business With the native dealers;
and we pointed out that much of the difficulty
which has hitherto arisen upon this score is
attributable to a mistaken notion apparently
prevalent among mercantile men, that they
could, of their own accord, relieve themselves
from all responsibility as to third parties of
Avhose interest in a given transaction they were
not directly informed, by the simple expedient
of persistently looking only to the man with...”
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“...174
SUPREME COURT & CONSULAR GAZETTE.
doing business. “ To catch large fish, you
must have a large net.” The native dealers
coming from the country to buy or sell produce
are feasted and well entertained by their wily
agent. The dice, the samshu cup, tlie native
theatre ;—all those dangerous attractions which
the town offers to persons who generally re-
side in the country, are placed at the dis-
posal of these who come down to sell their
produce ; and in this manner the middleman,
who may have neither money nor standing of
his own, is soon able to obtain considerable in-
fluence, and is regarded both by foreigners and
natives as a large and reliable trader. But it
soon becomes apparent that he is unable to meet
the large expenditure to keep up such a style
and position as will cause the native dealers to
place their business in his hands, out of his fair
commissions, and he commences either to hold
back payments which lie should make, or more
probably to trade on his own account. If
he...”
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“...April VM 1867.
SUPREME COURT & CONSULAR GAZETTE.
175-
it might not possibly have been more desirable
that regulations of this description should be
framed at the various ports through the joint
action of the Consuls and the Commissioners of
Customs. The former question is set at rest by
the fact that the view taken by the ' Min-
isters, of the force and bearing of Rule 10 in
the Treaty of Tientsin is correct; the latter, by
the unfortunate result of the experiment tried
in Shanghai, which shews conclusively that
a local arrangement cannot be made to work.
By going back to first principles the Ministers
have applied a remedy, which will prove effectual
and at the same time sufficiently extensive to
place the Pilot regulations at all the treaty ports
upon a well defined and well regulated basis.
Such are, briefly, the facts connected with
this matter, and taking all the circumstances in-
to consideration, we believe there is every rea-
son to consider that it has been settled in an
advantageous...”
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“...SUPREME COURT & CONSULAR GAZETTE.
April 137/t 1867..
ed to three thousand vessels. With these he
assumed the command of the seas from Japan to
New Holland in the one direction, and from the
Philippines to India, in the other; and so comple-
tely overawed not only native, but also foreign
traders, that for many years the monopoly of the
trade of these parts may be said to have been in
his hands. Taking advantage of the unsettled
state of the Empire, he in the end aspired to the
supreme power ; but knowing that while any of
the Ming dynasty remained alive, his authority
would never be recognised by the native Chi-
nese, he for a time threw in his lot with, the
Manchus, then gradually overrunning the cen-
tral and southern provinces. But while the
Manchu conqueror was not unwilling during the
contest, to avail himself of such assistance, no
sooner did he find himself securely seated on
the throne than he took the first opportunity
of treacherously becoming possessed of his rival’s
person,...”
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“...April \3th 1867.
SUPREME COURT &. CONSULAR GAZETTE.
177
rank similar to what they lieldin Formosa,
which induced many of them to leave his service.
{Seeing his government thus weakened, Yao
shortly after dispatched a fleet, which in spite of
the opposition of Ching’s old soldiers, aided as
they were by the possession of Dutch cannon
captured at fort Zealanda, succeeded in captur-
ing the Pescadores. Convinced of their inabili-
ty to hold Formosa, the guardians of the young
prince sent an embassy, offering to submit to
the Chinese government, which after much dis-
cussion was arranged, the young prince Oliing-
ki-san repairing to Peking, where in lieu of his
kingdom he was advanced to the rank of Earl
in the Emperor’s Court. So ended, in the
year 1683, the independent existence of For-
mosa ; the Chinese Government craftily taking
advantage of the weakness and credulity of the
Dutch, succeeded in playing them off against a
rebellion, at one time seeming to threaten the
existence of the new...”
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“...of Guilty, but under circumstances of provocation.
Sentence,—Six months’ imprisonment with hart
labor.
H. B. M. SUPREME COURT,
April IDA, 1867.
IL Evans r. J. Grimner.
Judgment Summons for $ 1,706 and $ 2 costs.
By an order made on March 6th Defendant was re
quired to pay7 off the debt in instalments of # 40 pe
month, commencing on the 1st April and the firs
payment was to include the cost of summons $ 2, in al
$42.
Defendant was engaged as third Engineer on board tin
Tahwah steamer, at a salary of S 75 per month and wa:
found. He had received his monthly pay, but stated
that having other debts to meet, he could not pay tin
amount ordered. He had offered the Plaintiff $ 20
which had been refused.
Decendant was allowed till 4 p.m. to pay the $ 42
but failing to hand it either to Court or to the Plain
tiff, a warrant for his imprisonment for 30 days wa;
made out.
H. B. M. SUPREME COURT, IN ADMIRALTY,
April \Qth, 1867.
Before Sir Edmund Hornby.
In re the “Seaton”
Petition for adjudication on...”
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“...April V3th 1867.
SUPREME COURT & CONSULAR GAZETTE.
179
Mr. Rennie, for Petitioner.
,, Robinson,,, Owners of Cargo.
„ Eames, ,, the Master.
,, A. R. Tilby, in person, as Agent for the Owners
of the vessel.
Mr Rennie opened the case for the Petitioner, Capt.
Vincent of Swatow, who had advanced the sum of
$14,500 on a Bottomry Bond on the Seaton when in
Swatow on or about the 18th Nov. last. The learned
gentleman after stating that opposition had been made
by Sing-kee, as owner of the cargo, and by Mr. Tilby
as representative of the owner, stated that he was pre-
pared to shew—first, the necessity for the repairs to
effect which the money had been raised; secondly, the
necessity for raising the money on the bond; thirdly,
that Captain Vincent’s being agent for the ship did not
affect his rights as holder of the Bottomry Bond ; and
fourthly, that under the circumstances in which the
Seaton put into port, all that could be effected for the
interests of those concerned had been/lone. The learned...”
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“...180
SUPREME COURT & CONSULAR GAZETTE. April \3tK 1867.
doing my duty to the ship. Repairs were going on
before bottomry was applied for. I consider the value
of the ship then to be $12,000 now.
To Mr. Rennie.—I understood that the Chinese were
anxious to send their cargo. They offered no money
for repairs. They had access to the godown at all
times. They protested against any cargo being sold.
To Mr. Eames. —I paid the money raised in Swatow „
for repairs. I considered that the Captan wanted to
replace some charts, &c. I never saw him absent from
the ship.
To Mr. Rennie.—No money was paid to Captain Lap-
worth.
Sin-kee :—I am owner of whole of the cargo with
the exception of a few bags of sugar. I first heard of
the hypothecation of the cargo after the arrival of
the vessel in Shanghai. Chen-tai hong at Swatow are
my agents. I received these two letters from the Chen-
tai hong about the 12th moon (dated 10th moon 14th
and 18th day). Had I been asked X would not have con-
sented to have...”
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“...SUPREME COURT & CONSULAR GAZETTE.
April 13M 1867.
bis quoting to the Court any further authorities. On
behalf of his client, he was perfectly' willing to let
jhe case rest on the principles of law enunciated by Mr.
Robinson and the evidence which had been adduced
With regard to the claim of Mr. Tiiby to be consider-
ed as the special agent of the owners of the ship and
to be communicated with, the learned Counsel called
the attention of the Court to the fact that Mr. Tilby
had nob proved any such agency and also that in the
two letters written by Mr. Tilby to Capt. Lapworth,
care of Capt. Vincent, after he knew that the ship had
put back disabled, he had given him neither instructions
nor advice as to what course he was to pursue in re-
pairing the ship or otherwise. Mr. Rennie then re-
marked. that Mr. Robinson had almost entirely refrain-
ed from commenting upon the evidence produced in
the case, which in point of fact might he said to con-
sist entirely of the testimony of Capt. Lapworth...”
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“...182
SUPREME COURT & CONSULAR GAZETTE.
13V/. 1867.
The wound was mortal and must
instantaneous death. There was a
The wound on the
lung and heart,
have caused almost
slight wound on the forehead,
forehead might have been caused by a fall or a blow.
To the Court —I think the deceased might have
spoken after the wound was indicted.
To Mr. Rennie.—1 conclude that the man was in a
horizontal position from the direction of the wound It
must have been inflicted while the man was lying down.
The blow was upwards and inwards.
Re-examined—I do not consider the wound could
have been inflicted from behind.
Ah-nie, a Chinawoman.—I live near the Aang-
king-pang. I recollect a man meeting his death in my
house. He came at 10 o’clock in the forenoon. He said
he wished to sleep at the house. He came at 10 o’clock
and went away at 4 o’clock. When he went away at
4 o’clock, I understood from him that he would come
hack. At 2 p.m. another man came. At that time three
men were in the house. That (pointing to...”
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“...April V&th, 1SG7-
SUPREME COURT & CONSULAR GAZETTE.
183
was two months and a half on board. I left the Golden
Gate and lived in the City of Hamburg in the same
room as the prisoner. I recollect the day when a
murder took place near the Yang-King-Pang. The
prisoner myself and the black man staid in a house
near the Yang-King-Pang on the night of Tuesday to
Wednesday. We left the house at about 9.30. We
met the deceased coming into the house as we left,
lie went in. He said nothing beyond “Good morning.”
We stayed at the C77// of Hamburg till about 4 o’clock.
1 then went back to the house alone. I next saw the
prisoner at 5 p.m. (dinner time). We went out (five
of us) at half past seven together. Not finding the girl
in the house at the Yang-King-Pang, we went to
another house, where she was in the habit of stopping.
There were two rooms in the house. There was no
bed in the first room. There were plenty of girls
there. There was a light in the front room and
one in the back. Three of us...”
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“...184
SUPREME COURT & CONSULAR GAZETTE.
April 13'7< 1S67.
office. So all that concerns the conservancy of the river
or waters of the port and their police. These are the
special care of the Government of the country, and in |
regard to China in particular, it is not possible to i
separate the entire control of the rivers and harbors
from the right, so absolutely recognized in all the
Treaties, of levying duties and collecting a revenue on
Foreign trade, and all past experience tends to show
that attempts to intermeddle or prevent the necessary
liberty of action only leads to a divided responsibility
—perpetual conflict of authority, and the imperfect
performance of the work as a necessary result. To
obstruct and paralyse the Chinese Government in the
exorcise of the functions that belong to them, and
which they only can properly or efficiently perform, on
a plea of exterritoriality, is simply to make good
Government in matters affecting Foreigners or their
trade impossible, and to relieve...”
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“...rumour may be credited,
of the Futaiship of this province. Liu, late Futai of
Kiangsu who, it will be remembered, applied some
time ago to be relieved from office, in consquence of
his mother’s death,, has become insane and hanged
himself. A band of Nienfei are cruising about, to the
number of some 5,000, between Wuseih and Kiukiang,
with no other purpose, apparently, than plunder.
Pekin.—Advices received from Pekin report that
the representatives of the a Treaty Powers are in
April 1.3'A. ISO?. SUPREME COURT
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“...186
SUPREME COURT & CONSULAR GAZETTE.
April Y2th, 1867
relation witli the Chinese Government with a view to
effecting some arrangement hy which the pilotage
system at the various treaty ports will he placed under
the direction of the Imperial Customs. Elsewhere we
give Sii* Rutherford Alcock’s dispatch to Mr. Consul
Winchester on this subject.
The Races have come off, the following being the
winners and seconds : First Day : Maiden Plate, Curio
1, Monitor 2; Challenge, Sadowa 1, Despatch 2;
Celestial Plate, Shillelagh 1, Punch 2 ; Tientsin Cup,
Robinson Crusoe 1, Monitor 2; Felix Holt 1, Clay-
more 2 ; Ladies Purse, Sadowa Antelope 2. Second
Day : Pekin Derby, Curio 1, Sadowa 2 ; Wang-Ho-
Lu Stakes, Touch and Go 1, Punch 2 ; Ministers’
Cup, Sadowa 1, Rufus 2 ; Hack Race, Kitzelpelle 1,
Sambo 2; Steeplechase, Shillelagh 1, Joke 2 ; Trial
Stakes, Sadowa 1, Curio 2; Consolation Stakes, Claymore
1, Rufus 2 ; Native Scramble, NatZowiZ 1 Antelope 2.
COMMERCIAL.
Shanghai, Friday Evening April...”
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“...April Wdh 18G7.
SUPREME COURT & CONSULAR GAZETTE.
187
Nagasaki; Yokohama, Hongkong; 11th., Nanzing str.,
Tientsin; 12th., Yeisbstr., Chefoo; 13th., Alert, New-
ell wang; Glengyle str., Yokohama.
If. B. M.’s SUPREME COURT.
Civil Court.
Tuesday \§th April 1867, at 11 am.
Reynolds ( Claim for Taels 6,240, money had and
' received by the Defendant for the Plain-
Medhurst. / till’s use.
Wednesday With April, at 11 a.m.
HANBURY (
v. < Claim for Rent, Taels 450,00
Primrose & Another (
Sewell (
< Petition for Judicial Relief-
Jarvis (
Court of Bankruptcy.
Thursday ISth April 1867.
re S. Clifton. First dividend meeting, at 11 a.m.
re W. Cii'JRJH. Final dividend meeting, at 2 f.m
r I 'HE following Lists of British Subjects Registered
I at this Consulate for 1867 is hereby published for
general information.
CHARLES A. WINCHESTER.
S hangliai, Consul ate,
30th March, 1867.
LIST OF REGISTERED BRITISH SUBJECTS Gontd
Alcoek, G. II.
Adams, A. J.
Anderson, J.
Ajun Goolatnalley Mahomet
Blow, J.
Ligsby, AY...”
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“...183
SUPREME COURT & CONSULAR GAZETTE.
April VM 1867.
LIST OF REGISTERED BRITISH SUBJECTS Contd.
LIST OF REGISTERED BRITISH SUBJECTS Contd
Robinson, A.
Russell, W. F.
Rees, C. A.
Smyth, Edwin
Bassoon, J. E.
Scott, J. H.
Saunders, AV.
Simpson, C. L.
Sharp, J.
Siminonds, J. S. E.
Somerville, J.
Stokes, F.
St. Croix, C. AV.
Stewart, II. K.
Soutar, A. \V.
Saunders, F. H.
Smith, A.
Turner, John Russell,
Tarrant, AVm.
Thorbourn, J. D.
Taylor, J.
Tan, Choong-seng
Tilby, A. R.
Tatham, C. G.
Underwood, P. H.
Vachell, Harvey
Walsh, F. G.
Webb, C, G.
Wilson, J no.
Woodward, C.
Wade, H. T.
Wakefield, AV. G.
W eng Leong, C.
White, F G.
Wright, AV. A.
AVallis, AV.
AVallis, G.
Watson, AV.
Watson, AV.
Walter, J.
Youd, Frank M.
Young, G. F.
Artisan and
Anderson, D.
Allen, H.
Allerton, T.
Brash, Jno.
Baynton, B. D.
Brand, E.
Bill, H. G.
Batten, H.
Bowman, J.
Bayfield, P.
Collett, J. G,
Chew, T. B.
Chang Cheng Hai
Campbell, D.
Coughlan, P.
Collison, F.
Cooper, J.
Croad, A.
Clodd, AV. E.
Chamberlain, J.
Cammidge...”
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“...SUPREME COURT & CONSULAR GAZETTE.
NOTICES OF FIRMS
_____N0TICE.
rpHE Interest and responsibility of Mr. Jacob Eltas
I Sassoon and Mr. Soloman Ezekiel in our firm
ceased on the 1st January, 1867.
DAVID SASSOON, SONS & Co.
Shanghai, 15th February, 1867.
NOTICE.
THave this day established myself at this port a,
Tea Inspector and General Commission Agents
under the style and firm of Jerdein & Co.
J F. JERDEIN,
Hankow 9th February, 1867.
NOTICE.
Xhave this day authorized Mr. Jacob Elias Sassoon,
Mr. Soloman Ezekiel and Mr. Abraiiam David
Ezekiel to open Branch Firms for me in Hongkong and
Shanghai, under the name and style of E. D. Sassoon
& Co., in which Firm they are all admitted Partners.
E. D. SASSOON.
Bombay, January 10th, 1867.
WITH reference to the above we have this day est-
ablished ourselves at Hongkong and Shanghai,
as Merchants and Commission Agents.
E. D. SASSOON & Co.
Hongkong, 11th February, 1867.
NOTICE.
MR. Ryle Holme has been admitted a partner
in our firm.
GLOVER & Co.
Nagasaki...”
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