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“...SUPREME COURT & CONSULAR
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. I SHANGHAI, SATURDAY, 15th JUNE, 1867. fto. 24
CONTENTS.
Leading Articles. Page. Martial Law 287 The Tea Trade Controversy 288 Review. TzuErhChi 289 Cases in II. B. M.’s Supreme Court. Tafoong v. Archibald Campbell & Co, * ...291 In Bankruptcy.—In re 3. W. Malcolm 291 ,, In re W- Birt 291 Police Cases 291 Report of Meeting of British Episcopal Church So- ciety 292 Meeting to consider Rules proposed by Silk Guild. 292 Letter from Mr. Consul Winchester to H. E. Ying, Taotai, on Rules proposed by Silk Guild.... 293 Letter from Chamber of Commerce to Mr. Consul Winchester on Rules proposed by Silk Guild. 293 Correspondence between the Shanghai Chamber of Commerce and Sir Rutherford Alcock on the Bean Trade 294 Reply of Sir Rutherford Alcock to Address pre- sented by British Residents at Kewkiang... .294 Address presented to Sir Rutherford Alcock by British Residents at Chingkiang 296...”
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“...SUPREME COURT & CONSULAR GAZETTE.
II. B. M Supreme Court.
titled to such discharge. The order of discharge will
be signed and delivered out to the bankrupt on the
13ZA day of July 1867, provided no appeal be instituted
before that time.
IN H. B. M.’s SUPREME COURT FOR CHINA
.& JAPAN.
THE BANKRUPTCY ACT, 1861.
Shanghai, 29^ May, 1867.
WHEREAS a petition for adjudication of bank-
ruptcy was, on the loth day of May instant,
filed in He;r Britannic Majesty’s Provincial Court at
Amoy by Charles Treasure Jones, late of H. M.’s
Consular service in China, under which he has been
adjudged bankrupt, and whereas upon the written ap-
plication of the majority in value of the creditors in
this bankruptcy it is this day ordered, in accordance
with Sec. 88 of the Bankruptcy Act, 1861, that the
said petition and the proceedings thereunder and the
prosecution thereof be transferred from the Court at
Arjdy to the Supreme ( ourt at' Shanghai. Notice is
hereby given Charles Treasure . Jones that he is
hereby...”
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“...SUPREME COURT & CONSULAR GAZETTE/
British Consulate Shanghai.
British Consulate Shanghai.
Shanghai, 11th June, 1867.
Sir,—I profited by the opportunity of my visit to
the Riverine Ports to enter into communication with
His Excellency Tseng, the Governor General of Two
Kiang on the subject of the Bean Trade, and the obstruc-
tions to its prosecution unlawfully interposed by the
Chinese Guild of this place, as reported by you.
I stopped at Nanking on my way down the Yang-
tsze, and personally conferred with H. E. in reference
to the best means of dealing with this grievance,—hav-
ing previously addressed him the enclosed communica-
tion from Chinkiang on my way up the river. To this
I received a reply on my arrival at Nanking, copy of
which 1 also forward.
You will see by the latter that H. E. fully admits
the obligation of the Chinese Government to put down
these illegal attempts to interfere with the trade ; and
in conversation be further assured me that he not only
had directed H. E. the...”
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“...SUPREME COURT & CONSULAR GAZETTE.
Iritish Consulats Shanghai.
British Consulate Htnkow.
Wherefore the undersigned calls upon all merchants to
take note of this further notification, shewing that the
transport of Beans, &c.,in foreign bottoms from Newcliwang
and Chef oo was long ago authorized, and that no prohibition
lies againt it.
No Evasion ! a Special Proclamation !
Dated 9th day, 5th moon, 6th year Tung-chih, (10th
June 1867.) |^7|
CONSULAR NOTIFICATION No. 16.
HE Undersigned publishes for the information of
the British Mercantile Community the substance
of a despatch from H. E. the Taotai, calling attention
to the necessity of vessels submitting to inspection at
the Woo-sieh Barrier.
CHARLES A. WINCHESTER,
H. B. JA’s Consul.
British Consulate,
Shanghai, 4th June, 1867.
Precis.
(No. 72) Shanghai, 2nd June, 1867.
The Taotai, at the request of Wang, the Superintend-
ent of Customs at Hankow, begs to inform II. M.’s
Consul that a Barrier has been established at Wu-hsueh
(between Hankow...”
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“...June loth 1867.
SUPREME COURT & CONSULAR GAZETTE. 287
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 anb dwmlar fedfe
Shanghai, June 15th, 1867.
The charge of the Lord Chief Justice of the
Queen’s Bench to the Grand Jury in the case of
Colonel Nelson and Lieutenant Brand, who
stood indicted for the alleged murder of Gordon
and Clarke during the rebellion in the island of
Jamaica, is just what might have been expected
from so impartial a Judge, and so profound a con-
stitutional lawyer as Sir Alexander Cock burn.
It is of such men that England has good reason
to be proud. It is of such a constitution as
England is blessed with, and which enables a
judge without fear to question the power even
of the Sovereign, and to assert the majesty
of the law...”
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“...hands, and
with large advances at high rates of interest,
become weaker and weaker every day. There
is at the present time an opportunity for the fo-
reign merchants to show themselves capable of
an act of supreme wisdom, let them for once re-
fuse to buy except at profitable prices.
The causes which lead to high prices in the
tea trade have undergone, and are still undergo-
ing, the most earnest discussion ; and it may
not be out of place to summarise a few of the
leading reasons. We might begin by asking,
what is the object of the China trade altogether ?
For what purpose does the British Government
maintain a fleet in the Far East, larger than
that of a second-rate European power? With what
aim has it established at considerable expense
Consular establishments at every port, and a
Supreme Court here? Without recurring to
any of the exploded theories about colonization,
the principal and almost the sole object which
our Government has in view is the very evident
one of effecting an exchange...”
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“...June. \rth If 67.
SUPREME COURT & CONSULAR GAZETTE.
289
duced to raise the price of tea was the opening
of Hankow and Kewkiang to foreign trade un-
der the, as it has proved, mistaken impression
that the nearer the foreigner gets to the tea
districts the cheaper will he be able to lay
down teas in London. In connection with the,
opening of the Yang-tse ports we jnay consider
the system of sending sycee into the tea districts,
and contracting for teas. The evil effects of
this system as a regular method of securing teas
are indeed very evident, and it is .difficult to
understand why it should be adopted. For
large transactions the great centres of commerce
are alone the fitting place; there large stocks
accumulate, and every financial facility is to be
had. But when foreign merchants send sycee
into the country, they paralyse themselves. They,
can only accompany their sycee with very
vague instructions, and the sycee once into the
tea districts they have no choice, they cannot
bring it back...”
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“...290
SUPREME COURT & CONSULAR GAZETTE.
June I5tk 1867.
lating to this country or to its people. An in-
timate acquaintance with the character, manners
and customs of the Chinese, is displayed in
every page ; and an amount of dramatic talent
rarely found even in works professedly of a
descriptive nature, is embodied in a series of
discourses laid before the world in the hum-
ble garb of dialogues from which to obtain a
knowledge of colloquial Chinese as spoken in
Pekin and the department of Shun-T’ien-fu.
The attractiveness of the work is such as to
lead to the hope that Mr. Wade will do for
Philology something of what Mr. Ruskin did
for Art; and that his delightful pages will be
the means of inducing many to follow the
study of the Chinese language. What was
said of Mr. Ruskin’s “ Elements ” may also
be fairly applied to Mr. Wade’s work ; in
which the litterateur and the critic will find a
display of genius such as will excite their high-
est admiration and astonishment; while the
scholar...”
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“...the Chinese language to obtain the assistance
of the Tzu Erii Chi, which they will find the
most useful and most attractive text book which
has yet been given to the public.
h7b. M. SUPREME COURT.
June 7 th 1867.
Before R. A. Mowat Esq.,
Tafoong v. Archibald Campbell & Co.
(Judgment Summons.)
This was on application to enter up Judgment under
special summary procedure on Bills of Exchange,
on a summons on a Compradore’s order for Tls. 500.
The Defendant did not appear. The usher deposed to
having served the summons on Mr, Archibald Cam-
pell personally.
The Plaintiff, though his Counsel’s Clerk, declared
he had not been paid any part of the sum claimed on
the order (handed in.)
Judgment was recorded for the Plaintiff Tls. 500, with
Tls. 13.60 Interest; Counsel’s fees $34, and Court Fees
$20.50.
H. B. M. SUPREME COURT, IN BANKRUPTCY.
June \3th 1867.
Before C. W. Goodwin Esq.
In re J. W. Malcolm.
This was a meeting for the Bankrupt to pass his last
examination and make application for discharge...”
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“...292
SUPREME COURT & CONSULAR GAZETTE.
June 15th I8GZ
R. Festus Luscombe, of H.M. S. Ratler, was charged
with assaulting a French policeman. Victor Choine,
a French constable deposed to the prisoner’s having,
in consequence of being recommended to desist quarel-
ling with some others, called the witness foul names,
and with having seized, him by the collar and tripped
him up.
Fined $5, or 14 days’ imprisonment.
John Donovan and Michael Sullivan of TI. M. S.
Rattler were charge by A-ho with wilfully damaging
the roof of a house in Hongque. The complainant
stated that the prisoners were two out of a number of
men who scrambled to the roof of the house (object
unknown) and in walking or jumping over the tiles
broke through a rafter and came down on a bed.
Witness distinctly recognised Donovon as having gone
on the top of the house and broken in the roof. Sul-
livan did not go up but came into the house and walked
about.
Ah-yow corroborated the evidence' of this witness.
The damage done was...”
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“...June \%th 18G7-
SUPREME COURT & CONSULAR GAZETTE.
293
Merchants present, it was ascertained that the
opinion of the Chamber of Commerce and Mer-
chants was fully against the said four rules, which
they refuse to recognise, partly as crediting a mono-
poly contrary to the plain provisions of the Treaty ;
and partly as quite impossible to [carry out in
practice. Besides Chinese tradesmen, as foreign-
ers, having, of course, a full right to sell their
goods on such conditions they like to fix and agree.
W. P. Mangum,
U. S. Vice Consul General,
Ad. Tettenborn,
L. Ciieca,
Consul for Spain.
F. B. Johnson,
Acting Consul for Denmark.
G. B. Dixwell,
Consul for Russia.
II. Wallich,
Acting Consul for Relgium.
J. Hogg,
Consul for Italy.
George Tyson,
Wm. Probst,
Emil Maintz,
Francis A. Groom,
Vte. Brenier de Montmorand,
Senior Consul.
MR. WINCHESTER TO H. E. THE
TAOTAI, YING.
Sin,—Before replying to your Excellency’s invita-
tion to express an opinion on the four rules proposed by
the Silk Guild, I...”
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“...294
SUPREME COURT & CONSULAR GAZETTE.
June 15th 1867-
certain foreign houses by whom they consider them-
selves to have been aggrieved, and that measures of
intimidation are put in force to compel obedience to
their prohibitions, the Committee being fully convinced
that such combinations are not only detrimental to in-
dividual and general interests, but illegal and contrary
to the spirit of the Treaties between China and foreign
countries, request your active interference through
the Native Authorities to prevent the repetition of
these unwarrantable proceedings.
The instance above referred to being only one of
several which have during late years affected in-
juriously the rights of private firms and the common
interests of trade, the Committee trust that contem-
poraneous action on the part of yourself and your col-
leagues will be promptly taken in support of the ener-
getic remonstrance which H. B. M.’s Consul has ad-
dressed to H. E. the Taoutai.
I have the honor to be, Sir,
Your...”
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“...Jane 15/A 1867.
SUPREME COURT & CONSULAR GAZETTE.
295
expressing the regret of the community at the same
having appeared in the Public Press prior to its pre-
sentation.
His Excellency addressed the deputation fully on
the subject, expressing his satisfaction at the opportu-
nity afforded by his visit of personal communication
with those most directly interested in the commerce
and prosperity of the Port. The chief object indeed
of his visiting the Ports in succession, necessitating a
lengthened absence from Peking, His Excellency con-
tinued, was to judge for himself by observation and in
communication with the merchants on the spot, what
had been the working Of the Treaty of Tientsin and
wherein it was imperfect or defective, or might with
advantage be modified—in the event of a revision of
Tariff and Commercial Regulation, which the contract-
ing powers had a right to demand next year, being
deemed expedient. His Excellency observed that
however desirous he might be to effect any practical...”
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“...296
SUPREME COURT
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“...June 15th 1867.
SUPREME COURT & CONSULAR GAZETTE.
297
with the native authorities, as mere remonstrance and
protest go hut a very short way with such a class of
men as the body of Chinese officials.
In conclusion we would draw Your Excellency’s at-
tention to the desirability of permitting the subjects
of the Treaty Powers to rent and purchase land in the
British Concession at this port.
Your Excellency’s
Obedient Servants,
J. M. CANNY
HAY & Co.
Per Charles IIay.
FRED. L. PATER.
To Sir Rutherford Alcock, K. C. B.
II. B. M. Envoy Extraordinary and
Minister Plenipotentiary.
NEWS OF THE WEEK.
The Erl King, which arrived last Saturday afternoon
brought on the news per London Mail of April 26th.
The P. & 0. Str. Aden came into port on Sunday
morning with the remainder of the letters, papers &c.
The following is an abstract of the telegrams, which
extend to May 14th.
Great Britain.—London, May 7 th, The Reform
Demonstration, which took place yesterday in Hyde
Park, passed off quietly. The legality...”
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“...298
SUPREME COURT & CONSULAR GAZETTE.
June 15th 1837
sume they will not be expressed till the Annual General
Meeting of the Chamber which is to take place in July
next.
As will be seen by a report and a letter from Mr.
Consul Winchester to the Taoutai, which we publish
elsewhere, the Native Silk Guild have, through the
medium of the last named official, sent in a proposal of
certain rules for the conduct of business with foreign
firms. These have been unanimously condemned both
by the Chamber of Commerce and also b$ the Con-
sular body; and we presume that the idea on the part
of the Guilds that there was only one side to be con-
sulted, and that by the aid of their authorities they
could dictate such terms as they chose to the foreign
merchants, will be abandoned.
Sir Rutherford^ Alcock has succeeded in obtaining a
formal recognition by Tseng, Governor General of the
two Kiang, of the right of foreign ships to carry bean-
cake ; which in two cases, namely that of the Bob Tail
Nag and the...”
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“...June loth 18G7.
SUPREME COURT & CONSULAR GAZETTE.
299
lying, and on the captain of that steamer receiving in-
formation of the shipwreck, lie at once proceeded to
the assistance of the unfortunate men and rescued them
from the hands of the natives, treating them with the
greatest of kindness. Clothes, &c., and every comfort
were given them both b y the captain and engineer.
‘£ On arrival at Amoy the case was represented to the
Dutch Consul at the port, who furnished each of the
sufferers with clothing, but instead of providing them
with decent accomodation, sent them to the gaol as
hoarders, until something else could he done for them.”
The same paper states :
“A painful circumstance has occurred that leaves
room for vague apprehension. One of the gaol turn-
keys named Henry Manning, who has been in the ser-
vice a long time, gave evidence at the inquest held on
Monday last, to the fact that the Chinaman who was
shot last week by the constable was an old offender ;
after this Manning not...”
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“...June IZtli 1867.
SUPREME COURT & CONSULAR GAZETTE.
300
LATEST QUOTATIONS.
Shanghai, June lath, 1867.
T. m. c. T. m. c.
Grey Shirtings—5 £ Catty,.......... 2.2.5 a 2 3.5
,, for arrival...................
,, 6^ Catty, on spot............ 2.5.0 a 2.6.0
,, for arrival...................
Wtiite Do. 64 Reed,................ 2.8.0
7t-Cloths—81b., 36 in,............. 2.8.5 a 2.9.5
Long Ells—HH Scarlet,.............. 7.5.0
,, Assorted,............... 7.2.0
,, CPH. Scarlet,........... 7.4.5
,, Assorted,............... 7.2.0
Spanish Stripes—Elephant,.......... 0.6.5 a 0.7.4
» Tiger,...........
Camlets—SS......................... 14.0.0
,, SSS......................... 13.0.0
Lead,............................... 5.0.0 a 5.2.0
Iron—Nail Rod,...................... 2.5.0
., Bar...........................
Opium—Mai wa,...................... 555
Opium—New Patna,................ 460
Old ,, .............. 450
Cottqn—Tientsin Raw, 15.5.0. Shanghai none :
EXCHANGE
On London.—Bank 4m/s. 6s. 21. per Tael
Credits...”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Hankow
stances under which we have acquired land in this country,
and of the consequences of permitting it to be made the
means and object of speculation. Rapid and large fortunes
have been made by such traffic, no doubt, to the great ad-
vantage of individuals or firms ;—but with fatal influence
on all who succeed them and to the permanent interests of
the port where the practice has prevailed. It is small con-
solation to those who cannot obtain a rood of land, or the
means of establishing themselves as a port without first
investing a large portion of their capital in securing th e
necessary facilities for business, that A. B. or C. D. realiz-
ed exorbitant profits some time before by monopolizing all
the available land in the first year after the opening of a
port, and were possibly enabled in consequence to return
home with colossal fortunes without risking their capital
in the more legitimate commerce, for the development and
fostering...”
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“...SUPREME COURT & CONSULAR GAZETTE.
THE BANKRUPCTY ACT 1861.
NOTICE is hereby given that the following is a copy
of an entry made in the Book kept by the Chief
Registrar of the Court of Bankruptcy for the registrat-
ion of Trust Deeds for the benefit of Creditors, Com-
position and Inspectorship Deeds, executed by a debtor,
as required by the Bankruptcy Act 1861 sections 192,
194, 196 and 198.
Memorandum of Deed or other Instrument to be re-
gistered pursuant to the Bankruptcy Act 1861.
No. 6.
Title of Deed whether Deed Deed of assignment for
of Assignment, Composition the benefit of Creditors.
or Inspectorship.
Date of Deed. Sixteenth May 1867.
Date of Execution by deb- Sixteenth May 1867.
tors.
Names and description of Alfred James TTow and
the debtors as in the deed. John How Cheverton, trad-
ing in copartnership at
Hongkong and Shanghai
under the style or firm of
‘ ‘ Johnson and Company. ’ ’
The names and descrip-
tion of the Trustees or other Edward Lawrance and
parties to the deed not...”
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