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“...SUPREME COURT & CONSULAR
And Law Reporter for the Supreme & Provincial Courts of China & Jap^n.
Vol. I SHANGHAI, SATURDAY, 11th MAY, 1867.
NG. itf
Leading ArticLW. Page.
Progress of the Japanese ................. 231
Municipal Grovernment of Shanghai,........232
* ‘ Custom ” among the Chinese ...........233
Case in H. B. M.’s Provincial Court, Hankow
Carnie v. Ballance and Hallam ............234
Leading C a ses on Commercial Law.
Johnson v. Sheddon.—-Maritime Insurance—Ad-
justment of Average ................ .... 235
CONTENTS.
News or the Week,.......
Commercial Summary, ....,
Partnerships, ..........
Quotations,.............
Meteorological Table, &e.
Shipping &c. ...........
Memoranda ..............
Causes for Hearing, &c'. ..
Pagi
.236
.229
.22^'
.23a
NOTIFICATIONS
French Cohsula e General.
British Legation Yedo.
NOTIFICATION.
rr^HE Undersigned, Her Britannic Majesty’s Envoy !
1 Extraordinary and Minister Plenipotentiary in
Japan hereby makes known for the information of Her
Majesty’s...”
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“...will be excluded
the benefit of the said dividend, and all claims not then
proved will be disallowed.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA & JAPAN.
The Bankruptcy Act, 1861.
Shanghai, 21th April 1867.
OTICE is hereby given that a sitting of the Court
appointed for the first meeting of creditors of
Henry Charles Cammidge, who was adjudged bank-
rupt under a petition for adjudication of bankruptcy
filed in Her Britannic Majesty’s Supreme Court for
China and Japan, at Shanghai on the 8th day of
April, 1867, having been held on the 252A day oj
April, instant, before Charles Wycliffe Goodwin,
Esq., Registrar in Bankruptcy; and no creditor having
appeared at such sitting, the Court has appointed a pub-
lic sitting to be held before Sir Edmund Hornby, Knt.,
Chief Judge of the Supreme Court aforesaid, on Mon-
day the 21th day of May proximo, at the Supreme Court
at Shanghai aforesaid, at 11 o’clock in the forenoon pre-
cisely, for the said bankrupt to pass his last examina-
tion and...”
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“...May IVA 1867.
SUPREME COURT Supreme (Scurf nub Consular ferfte
Shanghai, May IItii, 1867.
The notification of Sir Harry Parkes making
public the formal intimation of the Japanese
Government that it is prepared on the first day
of January 1868 to carry out the deferred clauses
of the treaty of 1858, to open ITiogo, Osaka and
Yedo, and the port on the west coast which is to be
a substitute for Neegata, has taken us somewhat
by surprise. The opening of Hiogo was looked
for as a matter of course. Osaka was a port which
our knowledge of the British Minister satisfied
us would not be abandoned lightly ; but the
personal risks of residence in Yedo have hither-
to been so formidable...”
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“...232
SUPREME COURT & CONSULAR GAZETTE.
May 1UA 1867.
view, we may be sure that the mastery of the
principles which regulate the art of war cannot
be acquired without a knowledge of those
which control the peaceful pursuits on which
depend the real wealth and well being of na-
tions. The desire for the one cannot be foster-
ed without creating the capacity which com-
prehends the other. The most obvious defect
exhibited by the Japanese is over impatience
in making their acquisitions. The steamers
they buy are too often spoiled by ignorant
management. A clever lad is sent to a steam
factory, and when he has barely acquired the
first rudiments of a knowledge of machinery
he is withdrawn to superintend a squadron: when
the mere mechanical handling of an invention
is known, they fancy that they have secured a
complete command of its powers, though they
are incompetent to deal with any of the num-
berless accidents by which it is liable to be
deranged. This grave defect is, however, likely
to...”
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“...that there
may be some difficulty in inducing the Chinese
to assent to any scheme that may be proposed by
the foreign Ministers, in its entirety; but we make
little doubt that if some immaterial points have
to be yielded, the main principles to which it is
necessary to obtain the sanction of the Chinese
Government will be recognised, and that the loop-
holes for complaint either on the part of foreign-
ers or of natives which have hitherto existed
will be put an end to by the new Regulations.
SUPREME COURT & CONSULAR GAZETTE.
Amid all the striking contrasts which China
and the Chinese people present to a mind educat-
ed under the ideas and influences of Western
civilization, none is more surprising than the
fact, that one third of the whole human race
should be collected within the boundaries of this
single empire, and that this gigantic nationality
—the highest type of antiquity and permanence
among mankind—should have existed from the
remotest epochs with custom as the basis of its
institutions...”
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“...234
SUPREME COURT & CONSULAR GAZETTE.
May 11 fh 186 7.
are stimulated to the discovery of new truths
and new inventions, to the development of the
most diverse peculiarities and eccentricities, and
the consequence is that the task of social and
political organization is a formidable under-
taking. Out of all this mass of conflicting ideas
and interests it is difficult to arrive at equilib-
rium, the point around which the system of
civilized forces is-balanced is as sensitive as the
electric needle. Civilized people plunging on from
idea to idea, and from system to system, and
traversing as with eagle’s wings the moral, social,
and political codes of every land beneath the
sun, have found as yet no resting place. They
go on from conquest to conquest, they make and
unmake laws, they overthrow and set up govern-
ments, they produce stupendous works of intel-
lect, they discover new applications of morality;
eager to expend the superflous energy with
which civilization endows them, they never...”
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“...May Jl1th 1867.
SUPREME COURT & CONSULAR GAZETTE.
235
the back of the note are in the handwriting of the ac-
countant of the bank at Shanghai.
C This closed the case for the prosecution.)
Thomas Frederic Ballance.—The note, the Court
will observe, was not protested until the 28th Nov-
ember, whereas it ought to have been presented for
payment and protested at due date. We received no
official notice of the dishonor of the note at due date I
produce a letter which I wrote to the manager of the
bank at Shanghai with reference to this note (Letter,
Ballance and Hallam, dated 19tli July 1866, produced.)
To that letter we have never received any official reply,
in fact, no material reply at all.
To F. Carnie.—I do not know, of my own know-
ledge, that Mr. Hallam was advised that the bill was
not likely to be taken up. I have heard so from
Plaintiff.
To the Court.—Our account current shews that
Preston, Breuell & Co. paid interest on certain balances
on that note. It shews interest to have been...”
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“...233
SUPREME COURT & CONSULAR GAZETTE.
TTiy IRA 1837.
for if tlig purchaser were not liable to the duties and
charges, he would give as much more as the amount of
those charges come to. The price of a tliiug is what
it costs a man; and if, in addition to a sum to be paid
before the mast, other charges are to be borne, that
sum and the charges constitute the cost. It is not
necessary that the whole price should be paid to one
person. ” To taking the net proceeds to calculate by,
there are several objections; one is, that by taking the
net proceeds as the basis of the calculation instead of
the gross proceeds, it will happen, where equal charges
are to be paid on the sound and damaged commodity,
that the underwriter will be affected by the fluctuation
of the market, which he ought not to be. This is
obvious, from considering that if you take equal
quantities from two unequal quantities, the smaller
such unequal quantities are, the greater will be the
difference between the remainders; e.g...”
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“...May l'lth 1867.
SUPREME COURT &
including the Times, say there is little chance for the
bill, and call for the abandonment of the dual idea, as
being fatal to the whole scheme. Gladstone and the
Liberal members of the House of Commons agree in
their course of opposition to the Reform bill.
The P. & 0. Str. Sunda arrived yesterday morning,
bringing the London Mail of 26th March and telegrams
to April 16th. The following is a summary of the
tetegraphic news:
Great Britain.—London April 9th ; The English
Mediterranean Squadron has been ordered to Cadiz.
—April 10, the Liberal Reform scheme has been sub-
stantially withdrawn in consequence of the defection
of forty-eight members of that party. The Chancellor
of the Exchequer has consented that the Committee
be empowered-to amend the law as regards rating.
The Bill has been committed.—April 11th ; The Chief
Justice yesterday charged the Grand Jury in Colonel
Nelson and Lieutenant Brand’s case, declaring that
the Sovereign had no prerogative...”
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“...238
SUPREME COURT & CONSULAR GAZETTE.
May \Uh 1867
come to Shanghai as expected, Capt. Lane will be greet-
ed by many old friends.
A very unexpected occurrence took place during the
voyage of the Brig Argo which arrived in this porta day
or two since from Sydney. It appears that while about
ten miles distant from Anoda Island (one of the Hebrides),
on the 26th March, three boats filled with savages were
seen approaching, one from the starbord and two from
the port side. They came alongside the vessel, which
was carrying a moderate breeze, and attempted to
board her, but fell astern at the sight of firearms.
They then consulted together and made another at-
tempt^ reach the vessel; but the breeze stiffening they
were prevented from coming up with her and gave up
the pursuit. The savages were quite naked and had
long hair of a dark brown color reaching below the
waist, and they were all of them beyond ordinary sta-
ture. Shipmasters will do well to be upon their guard
in going through these...”
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“...May llth 1867.
SUPREME COURT & CONSULAR GAZETTE.
239
occasions, the health of Messrs. Gibb, Livingston & Co.
and Messrs. Jardine, Matheson & Co. as the originators
of the contests between the two ports were proposed
aild heartily responded to. The health of Mr. Edward
Whitt all who is about to leave Shanghai was also pro-
posed and warmly received.
A very useful book has just been issued from the
Press in Hongkong under the title of the Guide Book
and Vade-mecum to the Treaty ports of China and
Japan, compiled and edited by Mr. N. B. Dennys, Editor
of the “ China Mail. ” The Book is very conveniently
got up ; is interspersed with maps of the various treaty
ports, and contains, besides much useful local inform-
ation, historical sketches of much interest. A good
idea of the history of Shanghai is conveyed in Mr.
Dennys’ work. The bund is perhaps rather highly
eulogised in being termed a “noble quay ;” and those
who recollect it as the dreariest of dreary promenades
may perhaps not be so...”
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“...240
SUPREME COURT & CONSULAR GAZETTE
ay 11th 1867.
LATEST QUOTATIONS.
Shanghai, May Ylth, 1867.
T.m.c. T.m.c.
Grey Shirtings—5 4 Catty,......... 2.3.0 a 2.3.5
,, 64 Catty, on spot ?......... 2.6.5 a 2.7.5
White Do. 64 Reed,................ 2.8.5
T’-Cloths—54 Catty, ............. 3.0.0
Long Ells—HH Scarlet,............. 7.4.0
,, Assorted,............. 7.2.0
,, CPH. Scarlet,......... 7.3.5
Assorted,.............. 7.1.5
Spanish Stripes—Elephant,......... 0.6.0 a 0.9.5
Camlets—SS....................... 15.0.0
„ SSS....................... 13.5.0 a 14.0.0
Opium—Malwa,..................... 540
New Patna,...............,. 435 M
Old » ............... 430 \\
EXCHANGE:—
On London.—Bank 4m/s. 6s. lid. per Tael
Credits, 4m/s. 6s. lfd.
Bills with doct., 4m/s. 6s. 2d. ”
On Paris.—Credits, 4m/s., Ecs. 7.75 \\
Documentary. Do. Frs. 7.774
On Calcutta.—Bank 3 days’
sight, Rs. 298 per 100 Taels.
On Bombay.—Bank 3 days’
sight, Rs. 297 per 100 Taels.
On Hongkong.—Bank 3 d/s. 264 disct.
Private, 15 d/s. 27 do...”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Chinkian
British Consulate Ningpo.
IN HER BRITANNIC MAJESTY’S COURT AT
CHINKIANG.
The Bankruptcy Act 1861.
In the matter of Frederic Loudon Pater, merchant,
a Bankrupt
NOTICE is hereby given, that the first meeting of
creditors of Frederic Loudon Pater, who was
adjudged a Bankrupt, under a petition for adjudication
of Bankruptcy, filed in Her Britannic Majesty’s Court
at Chinkiang, on the 5th of .March, having been held
on the 21th day of March, before Frederick Harvey
Esquire, Her Majesty’s Consul and Judge of the said
Court ; a public sitting has been appointed to be held
on Wednesday, the 22 nd day of May instant, at H. B.
M. ’s Consulate at Chinkiang aforesaid, at eleven o’clock
in the forenoon precisely, for the said Bankrupt to pass
his last examination, -and to make application for his
discharge.
At such public sitting proofs of debts of creditors
will be received, and the Bankrupt will be required to
submit himself to be examined...”
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“...SUPREME COURT & CONSULAR GAZETTE.
FOR SALE.
A MORTGAGE for £2,000. (Two Thousand Pounds),
a first charge on the property, formerly known
as the Elgin Arms, and now as Bellevue, being situated
on the South side, of and next to the Grand Stand on
the new Race Course. Principal due 1st April 1870,—
interest in the meantime at 10 per cent per annum,
payable half yearly. The mortgage deed contains the
usual Power of Sale in case of default in payment of
the principal and interest. The property is leased at
present for Tls. 700—(seven hundred) per annum.
The mortgagee, being about to return to Europe is
desirdus of dis posi ng of this security before his depar-
ture.
For further particulars apply to,
COWIE & Co.
Shanghai, 4th May, 1867.
PUBLIC AUCTION.
WHEELOCK & MELLER have received
instructions to sell by P ublic Auction
on Monday, the 13/7& May 1867, at 2 o’clock p.m.
On the Premises of the
BRICK & SAW MILL COMPANY,
on the Pootung side of the river, below the
Shanghai Wharf Company’s.premises...”
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