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“...B. M.’s Supreme Court.
H. B. M. Supreme Court.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN.
THE BANKRUPTCY ACT, 1861.
Shanghai, 29£/z June, 1867.
WHEREAS on the 28£A day of August 1866, Henry
Edward Bush and Robert Kelly Maitland,
lately trading in co-partnership under the style or firm of
Maitland, Bush & Co., were adjudicated bankrupt on
their own petition, filed in Her Britannic Majesty’s
Court at Newchwang, and the said Court held a sitting
for the first meeting of creditors on the 8th day of
October 1866, and by adjournments dn the 5th November
1866, 15tli April 7 th, and 31s£ May 1867, and whereas
the Chief Judge of the Supreme Court in consideration
of The fact that the majority of the creditors being re-
sident without the jurisdiction of the said Court at
Newchwang, has this day ordered, in accordance with
Sec. 88 of the Bankruptcy Act, 1861, and by virtue of
Sec. 39 of the China and Japan Order in Council 1865,
that the proceedings under the adjudication and the...”
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“...SUPREME COURT & CONSULAR GAZETTE.
H. B M. Supreme Court-
H. B. M.’s SUPREME COURT FOR CHINA
& JAPAN.
NOTICE.—It is hereby notified that the sittings of
the Court for hearing Civil cases during the month
of July next, will be held on Wednesdays, the 3rdand 10/5 A
days of that month respectively; and for Motions, Ap-
plications, &c., on Saturdays, the 6th and 13th proximo.
The Vacation will commence on the 15£A of July,
and terminate on the 15/5h September 1867, during which
period the Supreme Court will hold no sittings for the
transaction of ordinary business.
Shanghai, 21st June, 1867.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA & JAPAN.
THE BANKRUPTCY ACT, 1861.
Shanghai, 26th June, 1867.
WHEREAS a petition for an adjudication of bank-
ruptcy was, on the 25/5A day of June 1867, filed
in Her Britannic Majesty’s Supreme Court for China
and Japan, at Shanghai, by Edmund Warden, under
which he has been adjudged bankrupt,
Notice is hereby given Edmund Warden that he is
hereby required...”
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“...SUPREME COURT & CONSULAR, GAZETTE,
JWy bth 1S67.
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 will be received till 10 a.m. on Saturday.
No communications can be noticed unless accompanied by
the name of the writer.
Supreme drmrt anb Consular fedte
Shanghai, July 6th, 1867.
The legacy which Mr. Vice Consul Alabaster
has left behind him in the shape of a memoran-
dum on the Mixed Court is not without its use-
fulness. Here we have at a glance the reasons
why this Court was established; the object that
its founders had in view ; the rules by which its
procedure was to be governed ; and the third
part of the series shews the difficulties which a
Court has to contend with which assumes to
decide cases of great commercial importance in
the absence of any rules of commercial law.
When the Mixed Court was established it was
intended to be a Police Court and Court of Small
Debts...”
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“...SUPREME COURT & CONSULAR GAZETTE.
July 6tk 1867
than adjudicate on small debts and enquire into
and prevent petty offences, it must have a re-
gularly recognised system of Law, by which its
Judges must be guided. Merchants cannot and
will not submit to their rights and remedies
being made the subject of ideas. It is all very
well to scoff at the technicalities of all recognised
systems of Law, but we may fairly presume that
these technicalities, as they are ignorantly termed,
have some use in them or they would not have
been adopted by Jurists of all civilized countries,
and we venture to suggest that China is about
the last place in the world where the interests of
foreigners can be left to the tender consideration
of native Judges or to the protection of native
Laws.
Sundry customs or habits have grown up in
Shanghai, with regard to monetary transactions,
occasioned, doubtless, and perhaps justified, by
the peculiar circumstances of the locality, but
which are so far anomalous as to give...”
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“...June Gth 1867.
SUPREME COURT & CONSULAR GAZETTE.
might specify without difficulty, by means of
dates, the bill delivered, to which it was intend-
ed to apply. In short the very smallest amount
of commercial ingenuity would, we should think,
meet in half a dozen practical ways, this incon-
venience, which appears to be merely a relique
of the days when men at Shanghai clisdained to
reckon the amount of a bill, and treated money
as so much dross, with which the fingers of a
gentleman were not to be soiled. These days
are now a thing of the past—people now find it
a reasonable and advisable thing to look into
the demand made upon them before they pay;
and we think that the valuable time of com-
pradores or coolies would not be greatly sacri-
ficed if they were made to call upon the debtor
in the first instance for the purpose of present-
ing the bill, and afterwards as many times as
might be necessary for obtaining payment
thereof, before the creditor resorted to the
extreme measure of a summons...”
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“...4
SUPREME COURT & CONSULAR GAZETTE.
July Qth 1867.
study of the Chinese. The monosyllabic nature
of the tongue, and the consequent frequent re-
petition of the same vocal sound, probably first
suggested this mode of distinguishing words.
To those who desire to obtain a fluency in speak-
ing, the exercises which Mr. Wade has compiled
will be of great value. The system of number-
ing the tones, in place of distinguishing them by
signs, we deem an improvement. We are dis-
posed somewhat to differ with the view given
by Mr. Wade respecting the desirability of sys-
tematically practising the various tones at an
early period of study, as being somewhat likely
to overburden the memory. A constant watch-
fulness for the cadence of his teacher’s voice,
combined with the knowledge that these distinct-
ions have to be observed, will be sufficient to
place the student upon his guard; and after a
time, as he becomes familiar with various words
of apparently similar pronunciation, he may with
advantage...”
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“...agreed to accept
one approved surety of $1,000 or two sureties of $500
each for his appearance; the prisoner to enter into his
own recognizances to a like amount.
H. B. M. SUPREME COURT.
July 2nd, 1867.
Hopkins versus Gam well.
This case was re-heard before the Chief Judge, in
Chambers.
Mr. Eames for the appellants, urged that the letter
of guarantee was not a regularly prepared legal docu-
ment, and that the only reasonable construction to put
upon it was that the guarantee extended only to the
end of one month. The points were argued at length;
and His Lordship decided that the decision as given by
the Court below should stand; with the exception of
$13 balance, being the difference between $139 actually
paid and $152 for which a receipt had been given, His
Lordship holding the receipt to be binding.
H. B. M.’s SUPREME COURT, SUMMARY CASES.
June 29 th 1867.
Before R. A. Mowat Esq.
W. Harvie v. R. S. Raphael.
Claim for Tls. 63.50, balance of account for work done
and materials supplied....”
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“...6
SUPREME COURT & CONSULAR GAZETTE.
July ttk 1867.
you can go to Mr. Kingsmill, or my agent J. Morris, Esq.
Your obedient servant,
R. S. Raphael.
Next day 19th, T obtained the certificates from Mr.
Kingsmill that the work had been properly done. I
have applied to Mr. Morris, who refuses to pay, be-
cause he says he has no authority and is not his agent.
He has been left in charge of house furniture, and 1
think a carriage. I fear the value of the furniture is
not enough to cover my claim, unless the carriage be in-
cluded, I am sure it is his. Mr. Morris has informed
me that he pays a monthly rent for his premises to Mr.
Raphael in advance. I think Tls. 40 per month. The
rent for July will be due in a few days. 1 do not ex-
pect Mr. Raphael back. Some say that he means to
go to Bombay, others that he is going to Hongkong.
July 2nd, 1867.
Plaintiff puts in defendant’s acceptance of offer to
repair at Tls. 840.
T. W. Kingsmill.—I am an architect; my services
were called in to superintend...”
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“...July 6th 1867.
SUPREME COURT & CONSULAR GAZETTE.
7
affray was sentenced to one month imprisonment with
hard labor and bread and water on alternate days;
Brook and Wallace 14 days with hard labor ; Ritchie
and Murray to one week with hard labor.
John Smith, a sailor staying at the Home, was
charged with stealing fruit from a Chinaman’s stall.
Yeu-Chin, keeper of a vegetable stall in Old China
Street, deposed to the prisoner leaving with sundry
peaches, pine apples &c. refusing payment and assault-
ing the witness, kicking him on the head and knee.
The Prisoner was not drunk at the time. He was
stated by the Police to bear otherwise a good character.
His Honor ordered him to pay $1 for the fruit eaten,
and to go to jail for 14 days.
John Reed, A. B. seaman on board the Sovereign of
India, was sent to jail for two weeks with hard labor
for refusal of duty. The prisoner habitually answered
insolently when ordered to do anything on board.
Chas. Wevil was charged with assaulting Captain
Winchester...”
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“...8
SUPREME COURT & CONSULAR GAZETTE.
July Qtk 1867.
on either side. The ancient bed of the river was
dry for the greater portion’of the year, butfor a few
days in the summer the Hwei River and the waters
of the streams Rowing into the northern portion of
the Canal were allowed to empty themselves into its
bed. At present the stream which flows from the
northern portion of the Canal, as well as the water
of the River itself, finds an exit through the lower
portion of the Canal until exhausted by the de-
mands made on them from the irrigation of the
lower portions of the Kiangsa Province. The
Canal has withered to a narrow channel some 10
yards in "width, and flowing towards Chinkiang
with a scarcely perceptible current.
The waters of the Hungtse lake, the great
recepticle into which the Hwei discharges, and
which communicates with the Canal by the short
channel, were described as being considerably
higher than the general level of the districts lying
to the South, which had been restrained...”
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“...J uly 6th 1867.
SUPREME COURT & CONSULAR GAZETTE.
9
Totnes, Reigate, Yarmouth and Lancaster was carried.
The Half Yearly Report of the Peninsular and Oriental
Steam Navigation Company, just published, exhibits
an excess of Expenditure over Revenue, of “ Six thou-
and Pounds” (£6,000.)—June, 1st. The House of
Commons has adopted the amendment fixing that
Boroughs with a population of under Ten Thousand
shall return only one Member to Parliament.—June,
3rd. In the House of Commons last night the amend-
ment to Disfranchise Boroughs with a population of
under five thousand was rejected. Mr. Hunt in re-
ply to a question w’hether overtures had been made to
the French Post Office Authorities to render the Mail
Service to India and China more available than it
would be from the tenders just issued, stated that
the required service might be devised; he expressed
the hope that the Messageries Imperiales_would offer to
carry it out
Prussia.—May, 31st. Advices state that Count
Bismark accompanies...”
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“...10
SUPREME COURT & CONSULAR GAZETTE.
July 6th 1867
Tls. 120 ; Lucifer, Tls. 125 ; Trustee, Tls. 80 ; Chal-
lenger, Tls. 60; Reform, Tig. 120 ; Chef D'CEuvre, Tig.
120; Sunshine, Tig. 100; Half Caste, Tig. 350 ; some
Griffins realized Tls. 110, 90, 70, and 45 respectively,
and Highflyer fetched Tls. 145, and Smith O'Brien
Tls. 20.
The following passengers have arrived during the
past week ; per Aden, from Hongkong, June 30th,
Messrs. Buckingham, Tongue, Carvalho, and Capt.
MacEarlane ; per Yung Hai An, from Hongkong, Capt.
Newton and Miss Weed; per Suwonada, from Hong-
kong, July 2nd, Mr. R. J. Fearon, Mr. F. B. Jenkins,
Mr. T. F. Stephenson, Mr. S. A. Creem; per Dupleix,
from Hongkong&c., July 4th, Dr. Murray, Messrs. T.
Jackson, E. Juvet ; for Yokohama, Mr. Robecehi, and
svt. (Italian Consul) Messrs. Chappelier, Saia, Damioli,
Frigerio, Bignotti, Dell’oro Fondro, Viccetich, Vizano,
Gattinoni, Dusino, Facchi, Ortel, Pivi and Son, Saris,
Burslay, Hirclay, F. Abegg, and Walker ; per Yuen-...”
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“...July 6th 1867-
SUPREME COURT & CONSULAR GAZETTE.
11
been heard at the British Court, in which the Captain
of the Medina was ordered to pay £100 as compensa-
tion for maltreating a steward on board that ship.
The case has been freely commented upon in the pa-
pers, it being in one alleged that the steward was a
dangerous lunatic, and that there were 1,200 kegs of
gunpowder on board, which it was thought he might
fire to get his revenge. This would be a reason, no doubt,
for confining him, but not for giving him bad provisions
and keeping him in irons. The Municipal Council, finding
it had to spend about twice its income to provide for the
wants, of the settlement, called together the Land Ren-
ters and laid its difficulties before them, offering for their
choice two solutions thereof'; one the liar a kari of the
Council and relegation of all Municipal duties and re-
sponsibilities to the native Government—the other, the
continued existence of the Municipal Council, strength-
ened by an accession...”
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“...12
SUPREME COURT ^CONSULAR GAZETTE.
July 6th 1867.
H. B. M.’s SUPREME COURT FOR CHINA
AND JAPAN.
Causes for Hearing.
Wednesday, 16th July, 1867.
Lane, Crawford & Co. v. A. Campbell.—Claim of
$591.10, for goods sold and delivered.;
H. Sutherland v. T. H. Johnson.—Claim of Taels
87.50 for breach of contract.
In re E. Warden—Bankruptcy meeting postponed
to Tuesday, 23rd July, 1867.
LATEST QUOTATIONS.
Shanghai, July 6th, 1867.
T.m.c. T.m.c.
Grey Shirtings—5 £ Catty,........... 2.2.5 a 2.3.5
., for arrival..,.................
,, 6£ Catty, on spot.............. 2.7.0 ft 2.8.0
for arrival.....................
White Do. 64 Reed,................. 2.8.0
T-Q loths—81b., 36 in,.............. 2.8.5 a 2.9.5
Long Ells—IIH 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.......”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Ningpo.
and also to make application for his order of discharge
under the “Bankruptcy Act 1861” (whereof and of
the purport whereof the notice required in that behalf
was duly given) I, R. J. Forrest, H.B.M. Acting Con-
sul, Acting in the prosecution of the said Bankruptcy
held a public sitting at the time and place above men-
tioned for the purposes aforesaid, and it was therein
ordered that the meeting should be adjourned.
The Court has now appointed a public sitting for the
said Bankrupt to pass his last examination and make
application for his discharge, to be 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 linish his
examination.
Christopher Thomas Gardner, Esq....”
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“...SUPREME COURT & CONSULAR GAZETTE.
AUSTRALIAN COAL.
NEWCASTLE WALLSEND COAL COMPANY.
Head Office, Sydney; Mines, Wallsend ;
Port of Shipment, Newcastle, N. S. 17.
IN the Admiralty Report on Australian Coal, printed
by order of the House of Commons in June 1862,
this Company’s Coal was placed first for Steam pur-
poses, the report being—“ very good in every respect."
A copy of the report is printed on the back of the certi-
ficate issued with each cargo.
H. M. Ships on the Australian Station are supplied,
under contract, with this Company’s Coal, which the
Engineers report to be “ the best of the Australian
Goals." Copies of testimonials from Captain Logan
of the S. S. S. Hero, and Captain McMeekan of the
S. S. S. Omeo are at foot. The sales of this Com-
pany’s Coal in 1866 were 170,000 tons : the supply can
readily be increased to 1,000 tons per day. Vessels
load at the Government Steam Cranes in Newcastle,
down to 17 j feet (the Coal being put on board as fast
as the ship can take it) and...”
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