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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan,
Vol. II SHANGHAI, SATURDAY, 13th JULY, 1867. No. 28
CONTENTS.
Leading Articles. Page.
The Bankruptcy of Lyall, Still & Co...... 13
On Foreign Policy in China].............. 14
The Agra Bank ..... ..................... 15
Cases in H. B. M.’s Supreme Court.
Lane, Crawford & Co. v. A. Campbell ..... 16
H. Sutherland v J. H. Johnson ........... 16
Criminal•—Regina v. Charles Wevil........ 16
Summary Cases............................ 17
Page.
Police Cases............................. 17
Address to Sir Rutherford Alcock at Amoy... 19
News of the Week,........................... 20
Commercial Summary,................... 21
Shipping,................................... 22
Meteorological Table, &c.................... 22
Partnerships, Causes for Hearing, &c........22
Quotations, Memoranda &c.................... 22
NOTIFICATIONS
H. B. M.’s Supreme Court.
H. B M. Supreme Court.
IN HER BRITANNIC...”
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“...SUPREME COURT & CONSULAR GAZETTE.
H B. M.’s Supreme Court.
British’ Consulate Shanghai.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA & JAPAN.
THE BANKRUPTCY ACT, 1861.
Shanghai, 26 th June, 1867.
WHEREAS a petition for an adjudication of bank-
ruptcy was, on the 25th day of June 1867, filed
in Her Britannic Majesty’s Supreme Court for China
and Japan, at Shanghai, by Edmund Warden, under
which lie has been adjudged bankrupt,
Notice is hereby given Edmund Warden that he is
hereby required to surrender himself to Charles Wy-
cliffe Goodwin, Esq., Registrar hi Bankruptcy, at the
first meeting of Creditors to be held before the said
Registrar, on the 23 rd day of July, 1867, at 11 o’clock
in the forenoon precisely, at the Supreme Court afore-
said, and also to the Court at the public sitting to be
appointed by the Court for the said bankrupt to pass
his last examination, of which sitting due notice will
be given. At the first meeting of Creditors the Regis-
trar will receive the proofs...”
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“...Jvly \3th 1867.
SUPREME COURT & CONSULAR GAZETTE.
13
It is requested that only such communications as that they
Editorial matters lie 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 (ffourt artb Consular feette
Shanghai, July 13th, 1867.
The report of the termination of the Bankruptcy-
proceedings in the case of the firm of Lyall, Still
& Co. of Hongkong, is pregnant with matter
for reflection. The compliments which the Chief
Justice, the Official Assignee, the Bar, and the
secured creditors all united to pay to the Bank-
rupts were, we have no doubt, sincere; but
what the particular conduct of the latter may
have been to have given rise to them we have
not the faintest conception, unless indeed the
charmingly clean appearance of the Bankrupts
books elicited these marks of approval. We
decline to echo...”
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“...14
SUPREME COURT & CONSULAR GAZETTE.
July V3th 1867.
trader a severe measure of punishment. If this
is the law, the community have a right to
know whether it has been transgressed, and if
it has been, they have an equal right to look to
the administrator of the law, for its vindication.
For our own part, however painful it may be
to those who are called upon to act the part of
ministers of justice, to censure conduct which
they cannot and ought not in the interests of
morality to approve, and however grateful to
the warm hearted it may be to express sympa-
thy with misfortune, there can be but one opin-
ion that an expression of uncalled for, and
therefore generally unmerited, praise is damaging
not only the interest of the individual, but more
important still to the cause of public morals and
justice.
There is a story told, if we recollect aright, in
one of the Satires of Horace, which is strikingly
illustrative of a certain line of conduct very
frequently adopted by the foreign residents...”
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“...July 13th 1867.
SUPREME COURT & CONSULAR GAZETTE.
15
We have been led to make these observations
from various articles and communications which
have recently appeared in the local papers and
in those of Hongkong, in reference to the re-
vision of the Treaty, and in which the idea
that the Chinese may upon that revision ask for
some concessions which they themselves desire,
has been treated as one scarcely worthy of being
entertained; while the British Minister has been
pronounced as egregiously at fault in having
liinted at its possibility.
Yet few can conscientiously believe that this is
a contingency which our authorities are not
bound to take into consideration. It is easy to
advocate ignoring the Chinese Government;
but foreign nations, who have to guard the
interests of the whole of their countrymen and
not those alone of a limited section, are alive to
the danger of disturbing the existing order of
things, defective though it be in many respects.
Foreign nations, as a whole, would...”
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“...16
SUPREME COURT & CONSULAR GAZETTE.
July 13/A 1867.
The transactions of the Shanghai Branch of
this Bank, both in exchange and in local matters,
have been generally regarded by mercantile men
capable of judging upon the subject, as having
been successfully and prudently conducted; and
we are not without hopes that an Institution
which stands so well with the public, and which
has weathered a storm in so fair and honorable
a manner as has been the case with the Agra
Bank, will in the course of time be re-establish-
ed, when the business of the concern has re-
covered its strength.
A policy of concentration has been adopted,
and probably under present circumstances wise-
ly adopted, by the Directory, and the Australian
Branches have been already closed, so that the
Bank’s business is now confined to India, the
chief branches being at Bombay and Calcutta.
We are glad to hear that the Directors have
appointed Mr. Morriss, who has long conducted
the affairs of the Bank here, and stands well...”
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“...utterly un-
prepared to defend himself. I therefore sentence you
to one year’s imprisonment with hard labor in the
Colony of Hongkong.
H. B. M. SUPREME COURT, SUMMARY CASE.
July 8th, 1867.
Before R, A. Mow at Esq.,
Municipal Council v. A. Ferguson,
The defendant did not appear.
George Roggers, Municipal Tax Collector, produced
the assessment book in which Mr. Ferguson’s house No
27 Nankin Road was assessed at an annual value of Tls.
800 (the old assessment). On this the House and
Lighting rates amounted to Tls. 3.75 Mr. Roggers also
produced debit note which had been given to Mr. Fer-
guson on 11th June. He said “ It is all right, send it
in for collection.” The Inspector had been almost daily
from the 3rd to the 30th, but the money had not been
paid.
An order was granted for immediate payment of the
sum claimed, Tls. 3.75 and costs $3.
H. B. M.’s SUPREME COURT, POLICE CASES.
July 3rd, 1867.
John Manthei, owner of the pilot schooner W. C.
Blanchard charged Samuel Brothers alias Samuel
Johnson...”
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“...18
SUPREME COURT & CONSULAR GAZETTE.
July \&tK 1867.
it, they to find the crew and I the stores. I then went
on board the Blanchard, brought the things off and put
them on board Johnson’s boat (the Dodger). This was
about 12 or 1 o’clock. I put them in the cabin and in
the fore part of the boat. Some of the things were
mine. The cabin door was locked but I got the key
from the laudah. He let me do so because he had
been at Johnson’s when we came to the agreement,
nobody objected to my putiing the things there. I
locked the door again and gave the laudah back the
key. I swear Johnston was not with me. To my know-
ledge he never saw them. I did not tell either Johnson
or Mrs. Johnson where I got the things. They thought
they were mine. 1 saw Johnson for the second time at
Turner’s, 1 think. I do not remember what took
place. I was drunk.
The case was here remanded to July 4th, for the pro-
duction of further evidence, such as that of the laudah
or of some of the crew, but it was not brought...”
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“...July 13th 1867.
SUPREME COURT & CONSULAR GAZETTE.
19
batten had not been washed. He did not tell me to put
t on the dcek and wash it. He struck me when 1 was
down. The first time was with the back of the hand.
I did not strike him at all. I took hold of him. He
was never down on deck. I did not tell the Captain
that he was a “ son of a 1)--.”
Albert Atwood, testified to the assault having been
as described by the complainaut He added that com-
plainant was explaining to the Captain that defendant
had called him (complainant) a son of a b--” that the
defendant had thought he said that he was one ; and
from this the disturbance had begun.
John Lind and William Kraus corrobrated the state-
ment of the previous witness.
( This closed the case for the prosecution.)
The Prisoner in his defence stated that complain-
ant had used insolent language and that he (prisoner)
had shoved him when he fell down. He added that
complainant struck him as well as he could. Prisoner
called :
Chas. Jones, Mate...”
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“...20
SUPREME COURT & CONSULAR GAZETTE.
July 13th 1867.
Your Excellency will no doubt see in this, as well as
other matters, how utterly the treaty rights of British
merchants are ignored by the authorities, and how urgent-
ly some measure is required in the approaching revision of
the treaty, which shall for tlie future prevent any sudden
and arbitrary restriction of legitimate trade.
Your memorialists would respectfully beg that your Ex-
cellency will in this, as well as in the matter of the illegal
taxes, do whatever lies in your power to obtain redress,
[Signed by all the British Mercantile Firms in Amoy.]—
China Mail.
NEWS OF THE WEEK.
The P. & O. Str. Malacca arrived on the 1 Oth inst.,
bringing the London Mail of 26th May and telegrams
to June 14th, and others were brought on, via Calcutta
but of an earlier date. The following is a summary of
the telegraphic news :
Great Britain.—London, June 5th. The Ascot
(query Royal Hunt Cup”) was won to-day by “ Zen-
obia.” The Queen’s alleged...”
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“...July 13th 1867.
SUPREME COURT & CONSULAR GAZETTE.
21
from the Chinese assistant Engineer having foolishly
withdrawn the water from the boiler before taking out
the fires.
Amoy.—The merchants of Amoy have presented
an Address to Sir Rutherford Alcock, which we
publish in another column, in which they complain
of the heavy inland taxation upon foreign goods.
The arguments adopted by them are those already
familiar to our readers and over and over again
advanced at this and other treaty ports. The ex-
tent of the illegal taxes amounts to a percentage
which is hardly to be believed. Those on Camlets and
Sugar are the highest, and perhaps the most unreason-
able, sometimes reaching nearly 60 per cent on the lat-
ter article. Sir Rutherford has, it is said, expressed
his intention of taking immediate steps to abolish the
Le-kim; and so far as its direct imposition is concerned,
there is no doubt of his success, but the old difficulty of
preventing the Chinese authorities from obtaining large...”
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“...22
SUPREME COURT & CONSULAR GAZETTE.
JiJy \3th 1867.
Opium.—Malwa : Since our last the Mail Steamer
Malacca arrived with a good supply of Drug, but
owing to advices of high rates ruling in the south,
there appears some firmness in this market. To-day
best drug hard cakes is quoted @ Tls. 545.
Patna:—Since our last, we have to report an ad-
vance on former quotation, owing to receipt of news of
an excited market in Hongkong. To-day New is quoted
Tls. 470 @ 475, Old Tls. 468 @ 470, demand moderate.
List or Silk Shippers from 1s< of June to 8th July 1867.
England France H'kong Bombay.
Adamson & Co. 333
Barnet & Co. 787
Bo vet Bros. 99
Birley Worthington & Co. 290
Bourjau Hubener & Co. 141 27
Bower Hanbury & Co. 383 248
Brand Monro & Co. 1085
Carter & Co. 527
Chapman King & Co. 30
Cumine & Co. 55
Gilman & Co. 188 73
Gamwell F. R. 155
Gibb Livingston & Co. 123
Heard & Co. 55 35
Jardine Matheson & Co. 155 54
Jarvie J. & Co. 50
Petrocochino & Co. 33 32
Primrose & Co. 257
Milsom E....”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Ningpo.
FOR SALE.
rupt passed, his last examination and. made applica-
tion for his order of discharge ; and there being no
opposition thereto, it was adjudged by the Court that
the said Bankrupt was entitled to such discharge.
The order of discharge will be signed and delivered
out to the Bankrupt on the 1th day of August 1867,
provided no appeal be instituted before that time.
H. B. M. CONSULATE, NINGPO.
NOTIFICATION No. 12 of 1867.
Ningpo, 21s£ June, 1867.
rpHE Undersigned having returned from leave of
I absence, hereby notifies that he has this day re-
sumed charge of H. M.’s Consulate at this Port.
W. H. FITTOCK,
H B. M. Consul,
and Consul for Denmark.
In the Estate ofJmvs Woolley, deceased.
ALL persons having claims against the above Estate
are requested to produce the vouchers of the
same before the the 31st instant, and all persons in-
debted to the above Estate, are requested to liquidate
the same, to the undersigned, before the...”
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“...SUPREME COURT & CONSULAR GAZETTE.
NOTICES OF FIRMS NOTICES OF FIRMS.
NOTICE. \A7E, the undersigned, have re-established ourselves V V from the ls£ Instant, as Merchants and Com- mission Agents at this port, under the name and style of Dow & Co. JAMES DOW, JAMES H. WRIGHT, Wm. S. MACLEAN. Shanghai, 13th July, 1867. "VITE have opened a branch of our business at V V Hankow, under the name and style of Dow, Aitken & Co., in which Mr. James Aitken is a partner. DOW & Co. Shanghai, 13th July, 1867. TAURING the absence of Mr. John Fogg Twombly X7 from Shanghai, our Business will be left in charge of Mr. Howard M. Twombly, a partner in our firm, and Mr. Silas D. Webb, who in authorized to sign our firm name. H. FOGG & Co. Shanghai, 22nd June, 1867,
TV /TR. James Henry Crutchett is a partner in our JLV-L Store Department, and' in charge of the same. H. FOGG & Co. Shanghai, 22nd June, 1867.
TV/TR. Harry Alonzo Holcomb is a partner in our 1VX Auction and Commission Department, and in charge of the...”
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