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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. I SHANGHAI, SATURDAY, 22nd JUNE, 1867. No. 25
CONTENTS.
Leading Articles. Page.
Transit Dues............................. 301
Legal Status of Married Women ............302
Cases in II. B. M.’s Supreme Court.
Hopkins v. R. Gamwell.....................303
Summary Cases............................ 304
Police Cases..............................304
Report of Meeting of Royal Asiatic Society.* 306
Correspondence’in reference to Road to the Fung- Page
Wen Hills ...........................307
News of the Week,........................307
Commercial Summary,......................310
Shipping, Meteorological Table, &c.......310
Partnerships, Causes for Hearing, &c.....310
Quotations, .............................311
Memoranda &c. ...........................311
NOTIFICATIONS
H. B. M. Supreme Court.
British Legation Pekin.
NOTIFICATION.
WHEREAS it is provided by the China and Japan
Order in...”
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“...SUPREME COURT & CONSULAR GAZETTE.
H. B. M. Supreme Court.
Prussian Consulate General
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA & JAPAN.
THE BANKRUPTCY ACT, 1861.
In the Court op Bankruptcy.
Shanghai, 27 thMay, 1867-
In the matter of James Dow, lately trading in co-part-
nership with J. H. Wright, J. S. Borrodaile and
W. S. Maclean, under the style or firm of Dow
and Company, a Bankrupt.
WHEREAS the said James Dow was duly adjudged
bankrupt in the said Court on the 28/A day of
June, 1866. And whereas notice of snch adjudication
was published in the North-China Daily Neivs on the
30/A day of June, 1866, whereby the said bankrupt was
required to surrender himself and to finish his examina-
tion on the 24/A day of September, 1866, and the
bankrupt failed so to surrender on the date aforesaid,
and whereas the bankrupt surrendered himself this
27 th day of May, 1867. Now, upon hearing what was
alleged by and upon reading the affidavit of the said
bankrupt sworn this day and filed with...”
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“...June 32nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
301
It is requested that only such communications as that they
Editorial matters be addressed to the Editor, and relate to
be sent not later than Friday.
Advertisements vrill be received till 10 a.m. on Saturday.
No communications can be noticed unless accompanied by
the name of the writer.
Supreme &oxtrt anb GLmnla* ($mth
Shanghai, June 22nd, 1867.
In his address to the merchants at Kewkiang,
Sir Rutherford Alcock made allusion to the
very difficult though all-important question of
Transit Dues, which His Excellency could not
but acknowledge as being one of the most trou-
blesome points with which foreign diplomacy in
China has to deal. An attempt to get rid of
these harrassing and vexatious impediments to
the free transit of goods to and from the interior,
by commuting all inland taxes into one payment
of a half duty, had been made by Lord Elgin ;
but to use the words of the British Minister,
“this attempt has proved a signal failure,...”
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“...302
SUPREME COURT & CONSULAR GAZETTE.
June 22nd 1867>
ordinate agents to levy higher rates upon the
persons conducting the trade. However such a
question may stand in a legal point of view, no-
body would be found who did not consider an
action of the kind as evidence either of great
weakness, or of contemptible ill-faith on the
part of a European power; and the loss in
prestige as a member of the great family of
nations, would very far outbalance any ad-
vantage as to revenue which could be so ob-
tained.
Our difficulty, however, in China, is that the
Imperial Government do not plead the right to
permit the levy of barrier taxes in the face of
the Treaty stipulations, but their inability to
prevent them; and thus, however unjust to the
interests of foreign trade we may feel the pre-
sent state of affairs to be, we cannot at the same
time but experience some reluctance in being
placed in the position of having to interfere
with the internal administration of China, in
order to secure rights...”
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“...June 22 nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
303
Christianity is the greatest civilizer of modern
times; and, second, that one of the guiding
principles of modern civilization has been to
improve the position, to increase the indepen-
dence, and to remove the disabilities of women,
such assertions may appear paradoxical; but we
have good authority for saying, that since the
days of the Antonine lawyers, Christianity and
the Canon laws as expounded by the early pro-
fessors of the new creed, have abridged the rights
of and shown little indulgence to, married
women, and that the position of married women
in England now, is worse than that of married
women in any country, that could lay claim to
being civilized, before Christianity bechme fash-
ionable.
Let us briefly consider the English law of
marriage, and its effect on the wife’s proprietary
rights. On marriage, in case there is no mar-
riage settlement, the husband becomes entitled
to receive, for his own absolute use, the rents...”
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“...304
SUPREME COURT & CONSULAR GAZETTE.
June 22 nd 1867
line. I understood the mess consisted of 10 to 11.
There are items in my bill later in date than my pass
book.
Re-examined.—The whole amount I swear to be due
is the balance $13.72, April $183.45, May $31.89, total
$230.06.
This closed the evidence for the Plaintiff.
W. B. Barker (called by Defendant) I am a mess
caterer fortthe Engineers at Nicholson & Boyd’s. I got
supplies from Hopkins. I got the receipt from him
for March. There was a balance left of $13 and some
odd cents, which was passed into my next month’s
accounts. About the 6th April, the Mess said Mr.
Hopkins was charging so exorbitantly and sent such
bad meat that 1 must go elsewhere. I bought sausages
and polonies. I received many things,' in the book,
which I threw away. He gave such stinking things.
Hopkins came to me on the 2nd May for his bill. 1
wrote to him to say he should be paid on the evening
of the 7th. He came and 1 offered him $85 which he
refused.
Cross examined...”
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“...June 22nSUPREME COURT & CONSULAR GAZETTE.
305
Thia morning I went out to buy vegetables, when the
prisoner, who was coming in an opposite direction,
“came into collision with me.” He was not drunk,
and T do not know whether he did it purposely or not.
Immediately upon that he commenced to strike me.
He beat me many times about the face. (The witness’s
face, after being washed, was considerably cut and
swollen about the lips, cheek, &c., and his two eyes
appeared quite closed up.) I held the prisoner a while,
and called out; I followed him to his house, and some
people them advised’me to give him in charge. I was
knocked down twice. It was on the Hongque side.
When first the prisoner lurched up against me I asked
him why he did so. I neither pushed him nor struck
him.
Cross-examined *by Prisoner.—I continued to hold
you after you struck me first, to prevent your making
off.
Chas. Jas Ashley, with whom the complainant had
been a horseboy for two years, testified to his always
having...”
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“...306
SUPREME COURT k CONSULAR GAZETTE.
June 22nd 1867.
1 have effectually prevented her having access to it.
The half dollar produced I recognise as having been in
the safe at the same time. I identify it by the pecu=
liar ragged edge of the section. The watch and chain
I have seen on the prisoner. When the prisoner was
searched and the things found on him, he said nothing.
He only objected to the policeman’s searching the
pocket-book. After his arrest, he was taken to the
Station house. Thence he was sent on to the French
Consul, who sent him on here. When I returned home
and found him in bed he was undressed. He must
have put his clothes on while I was gone to the station,
for when I returned I found him under the bed dressed.
Cross-examined by the prisoner.—The prisoner was
not in my employment. My wife turned him away in
the first instance from common prudence ; I did so in
the second instance. Last Christmas I told the pri-
soner he might go to Cremorne Garden if he was in
want of food...”
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“...J .Time 22nd 1867. ' SUPREME COURT & CONSULAR GAZETTE. 367
neighbourhood of Shanghai was shewn by the amount of cultivation, which they would destroy at the earlier stages. Mr. Kingsmtll made some remarks about the origin of Cholera, which was commonly thought to have commenced on the borders of Peclieli, where swarms of locusts had been swallowed in the sea, and at low water had produced a poisonous at- mosphere from their putrefaction. Dr. Thin then read come notes upon the Tai- ping Rebellion. After noticing the ftendency which has always existed among men to fight for one cause or an- other, and the difficulty of tracing the actual reasons which lead to a warlike outbreak. Dr. Thin proceeded to apply this line of thought to the Tai- ping Rebellion, whose origin was very obscurely known. He read an extract from the personal testi- mony of a Chinaman, who had been captured by the Rebels, and who spoke of them as far more merciful than they are ordinarily represented. He stated that they...”
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“...308
SUPREME COURT & CONSULAR GAZETTE.
June 22nd 1867.
Gold—136. Discount—3%. Luxemburg dispute re-
ferred to European Congress, Peaceable solution
hoped. London, Jth May, 1867; Orleans llfd; Shir-
tings—81b. 4oz., 12s. Tea—Little firmer. Silk—
Stagnant—value nominal—crop accounts generally
favorable. Dollars—59American Tea Market—Ra-
ther firmer. American Exchange—9f; American Gold
—136. Discount—3 per cent. Conference meets to-
day. Hopes of peace prevail. London 14th May 1867.
Midding Orleans—1 l|d; Shirtings—81b. 4oz. 12/. Tea :
—Flat. Silk—About 1,000 bales sold higher rather,
for medium thirds 30/6, best fours 27/. Crop accounts
conflicting. Quantity expected about same as last
year—quality superior. Dollars:—unchanged. Americ-
can Tea Market—flat—arrivals selling at (? off.)
American Exchange—9|; American Gold—135|i Dis-
count—3% France and Prussia Treaty concluded.
Peace considered assured. London, 21st May, 1867.
Middling Orleans—Ilf; Shirtings—81b. 4oz. 12/6; Tea
—more business...”
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“...June 22nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
309
In the House of Lords last night, Lord Derby replying
to a Deputation of the Members of Parliament, said
that the Cabinet had decided to execute the sentence.
Five more Fenians have been condemned to death.
M. G. Hodgkinson opposes Mr. D’lsraeli’s new com-
pounding clauses. The Sultan is coming to England.
The Government has reprieved the Fenian, Burke.
London 28th May.—Liverpool Cotton market to-day
closed very firm : 7 lbs. Shirtings 9s. 6d. ; 8| lbs. 11s.
6d. ; 40 Mule Twist Is. 5d. The Manchester Cotton
market to-day closed quiet and unchanged. The Coffee
market to-day closed active but unchanged. A reduc-
tion of the Bank of England rate of discount is expect-
ed. The sum of £265,000 has been ’paid into the
Bank to-day.
London 2§th May.—Liverpool Cotton market to-day
closed very firm.
Shanghai.—The item of news of most general in-
terest which we have to record since our last, is the re-
turn of the U. S. flag ship Hartford^ from...”
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“...310
SUPREME COURT & CONSULAR GAZETTE.
June 22 nd 1867.
from Hongkong, Messrs. W. Cameron, J. B. Endicott
Jr, one Catholic Priest ; per Phase, from Yokohama,
June 18th, to Shanghai, Messrs. Le Joelec, Arnaud, J.
Luciani, Seligmann ; to Saigon, Messrs. Marliave,
Broquet, B. Fontaine, Leguyer, G. Noel; to Marseilles,
Mr.|Bauduin ; per Ganges from Yokohama, June 20th,
Messrs. McKim, F. Bernard, Collins R.N., Abegg,
Lovett, and G. Hardes ; per Sebastian Cabot, from
Sydney, Messrs. Josephs and Jowett ; per Vulcan, from
Foochow, Messrs. J. D. Downie, and Rolfet. The fol-
lowing had departed; per Dupleix, from Shanghai,
Mrs. Elisa Joseph, Messrs. Ladrent, Allcock, Dessahat,
Vallon, Orhon, Saivil, C A Lubett, Abegg, Lamiere,
Gueguen, Grandieau, Pegret, Hacket, Simonet, C.
Adam.
Hankow. A correspondent of the Recorder writing
under date 14th inst., gives the following items.
The Confucius has been here with Yung Wing (a
gentleman of Chinese birth who has been educated in
the United States and is...”
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“...Jane 22nd 1837.
SUPREME COURT & CONSULAR GAZETTE.
312
though less desirable ships with part cargoes of old
Teas, are attempting to fill up at £3 sterling.
Silk :—On 17th instant, a batch of Telegrams came to
hand via Kiachta containing orders for silk at current
rates which threw a number of buyers into the market,
and the price of chop No. 3 Tsatlee advanced to Tls.
575, laying down the silk in London at 31/6. The
French Mail took about 3,300 bales, and some 500
bales are engaged for the outgoing English Mail, so that
the Exports for the Season amount to about 6,000
bales, and the Stock consists of 4,000 bales The settle-
ments have been chiefly comprised of good Tsatlees
and No. 1 Kahings, and the prices paid are generally re-
garded as dangerously high.
Opium :—Ffalwa : Since our last report, the market
opened at Tls. 550 for best drug, but not much busi-
ness was done owing to disinclination on the part of
buyers to operate freely, whereby the prices tended
downwards, and some sales...”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Ningpo.
application for hia discharge, to he held before H.B.
M. Consul at Ningpo aforesaid, on Monday, the 8th
of July, at 11 o’clock in the forenoon precisely.
At such public sitting proofs of debts of Creditors
will be received, and the Bankrupt will be required to
submit himself to be examined and to make a full
disclosure of all his estate and effects and to finish his
examination.
Christopher Thomas Gardner, Esq., is the official
and sole assignee.
British Consulate Hankow
IN HER BRITANNIC MAJESTY COURT AT
HANKOW.
THE BANKRUPTY ACT 1861.
In the matter of low Lloyd, Bankrupt.
WHEREAS a petition for an adjudication of Bank-
ruptcy was on the 8th day of June 1867, filed
in this Court by John Lloyd, under which he has
been adjudged Bankrupt ; notice is hereby given that
he is required to surrender himself to W. H. Medhurst
Esquire, H. M. Consul at Hankow, at the first meeting
of creditors to be held before said Consul on Monday,
the...”
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“...SUPREME COURT & CONSULAR GAZETTE.
in the note-books of individuals, who would be glad to
preserve in type many little particulars, for embodying
which in a from accessible to the public, no means now.
exist. It is intended that both notes and inquiries received
shall be carefully classified and indexed with minute care;
whilst, as in the home work which has been adopted as a
model, a list of books wanted, or for disposal, relating to
China or Japan will be inserted.
The extensive founts, both English and Foreign, of the
firm will enable the work to be well printed, and great
facilities exist for engraving on wood any ancient text,
maps, or other matters deemed worthy of special illustration
The subscription has been fixed at $4 per annum. It is
necessary, in order to avoid misapprehension, to add that
no communication, of whatever description, can entitle a
contributor, in the case of a publication of this kind, to re-
ceive without charge a copy of the paper in which it appears
All “Notes”...”
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