1 |
|
“...SUPREME COURT & CONSULAR
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
'voTlT SHANGHAI, SATURDAY, 27th JULY, 186?. No. 30
Leading Articles. Page.
Prospects in China........................ 33
Dr. Macgowan’a Telegraph Scheme........... 34
Note on Chinese Mercantile Law............ 34
Cases in H. B. M.’s Supreme Court.
In Bankruptcy :—In re Edmund Warden....... 35
Summary Cases .........................35
Police Cases.......................*...... 35
Case in Supreme Court, Hongkong.
In Bankruptcy :—In re Lyall, Still & Co. .... 35
CONTENTS.
Casein H. B. M. Provincial Court, Tientsin. Page.
Chun Ching-ming“and Shen Pei-ping v. Master
and Owners of Steamer Naming .......
Report of Meeting of Hongkong Chamber of Com-
merce.........................;.....
Report of Meeting of Shanghai Volunteer Corps .
37
33
S3
News of the Week,....................... 41
Commercial Summary,...................... 41
Shipping,............................... 45
Meteorological Table, &e...”
|
|
2 |
|
“...SUPREME COURT &. CONSULAR GAZETTE.
H. B M.’s Supreme Court.
to the Court at the public sitting to be appointed by
the Court for the said bankrupts to pass their last ex*
amination, of which sitting due notice will be given.
At the first meeting of Creditors the Registrar will
receive the proofs of the Debts of the Creditors and the
Creditors may choose an Assignee or Assignees of the
bankrupts’ estate and effects. At the public sitting
proofs of Debts of Creditors will also be received and
the bankrupts will be required to submit themselves to
be examined and to make a full disclosure of all their
estate and effects, and to finish their examination.
Notice is also hereby given to all persons indebted
to the said bankrupts or that have any of their effects
not to deliver the same, but to R. A. Mowat, Esq.,
Acting Law Secretary, whom the Court has appointed
Official Assignee.
Prussian Consulate General.
BANK ANNTM ACHUNG.
IE Verwaltung des Koniglichen Vice Consulates
ilbernimmt von heut ab...”
|
|
3 |
|
“...CONSULAR GAZETTE.
July tftK 1867. SUPREME COURT &
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
he name of the writer.
Supreme
|
|
4 |
|
“...SUPREME COURT & CONSULAR GAZETTE.
Juty'ZUh l86f.
passage ; and it will be well for all to get rid of
the idea that it is possible to settle down in
it. To those only who have definite engage-
ments in mercantile houses or in Government
employ, can it offer an inducement; and others,
who look towards this country with an idea, of
pushing their fortunes in it, will do well to
pause before they take a step which will in all
probability lead only to grievous disappointment.
At the present timejhere are many men who can
obtain no employment in the place ; and the
records of the Summary Cases in the Supreme
Court form an index of the difficulties under which
many of them labour. In the course of time
the numbers here at present will, it is to be
hoped, thin down to that for which there is a
fair demand; but there is at least at the present
time, but little or no chance for fresh arrivals;
and people at home, who think of emigrating,
will do well to turn their attention to other
places than China...”
|
|
5 |
|
“...pay Plaintiff by instalments,
say $10 per month. Plaintiff, however, took out a
summons at onee, after only one recent application.
Defendant had other and even earlier debts. The ac-
count was dated as far back as June 1865, and was
originally for $123.15 ; on account of which $63 15 had
been paid, and the $60 balance was sued for.
His Honor ordered payment into Court of $30 at
end of this month, $15 end of August, and $15 in
September ; costs $3 to be paid with second instal-
ment.
II. B. M. SUPREME COURT. POLICE. CASES.
Before R. A. Mowat Esq.
July 18^, 1867.
John Messeroy and John Leerorg, of the ship Feng
Regent, were charged with mutinous conduct on board
ship and with assaulting the Captain.
John Hubert.—I am master of the Fort Regent..
Yesterday at 1.30 p.m. I went on deck at the request of
the Mate, who said Messeroy had struck him and ano-
ther man. The latter 1 found bleeding and being threa-
tened by Messeroy. T asked the prisoner why he had
struck the Mate and he said he would...”
|
|
6 |
|
“...36 SUPREME COURT &. CONSULAR GAZETTE,
about. I considered the rate he was going at as dan-
gerous. He had been drinking.
Fined 35, or 14 days imprisonment.
SUPREME COURT, HONGKONG:
IN BANKRUPTCY.
July \Mi 1867.
Before the Honble. Chief Justice Smale.
In the Matter o/* Lyall, Still & Co.,
Thia was a motion to recover goods on the part of B.
Liebert and Emil Levita, from the Official Assignee of
the above Bankruptcy—goods to the amount of 100
bales Grey Shirtings—from the ship Pakwan, which
arrived here from England on the 18th May last. Mr.
Whvte appeared for Mr. Liebert, instructed by Mr.
Sharp; and Mr Pollard, Q.C., appeared on behalf of
the official assignee. The case being precisely similar
to that formerly argued touching goods similary claimed
arrived per Min, admissions were made on both sides as
to the facts of the case ; and, with one or two except-
ions, the evidence taken in the matter of the Min was
by consent held applicable to this case.
Mr. Pollard said that he had little...”
|
|
7 |
|
“...July 2frh 1867-
SUPREME COURT & CONSULAR GAZETTE.
37
plaintiff may recover notwithstanding negligence on
KiS*parfc remotely connected with the event.
What shall be deemed ordinary case within the
meaning of this rule varies according to the circum-
stances of each case and cannot be strictly defined,
though it may perhaps be described as being such care
&3 a prudent man would take in any critical situation
to prevent an accident. It is clear therefore that as
the critical nature of the situation increases the Law
demands an increasing exercise of care, and thus or-
dinary care in the legal .sense mw mean in some cases
the utmost care, and what under one set of circum-
stances might be deemed ordinary case might under
another be deemed gross carelessness.
Now, in a running-down case, such as the present,
where the plaintiffs vessel is at anchor and the de-
fendants in motion, the act of the defendant is prim£
facie unjustifiable, and he is therefore bound to prove
that he took ever5r precaution...”
|
|
8 |
|
“...38
SUPREME COURT & CONSULAR GAZETTE.
July 2"ith
clause of the Treaty not in accordance with the origin- j
al intention. With the Governor to back them up j
they stood a much better chance of having more con-
sideration shown to t.toem when cases of thia kind oc-
curred. He would- therefore propose that such repre-
sentation on the subject of the reViaai of the Treaty as
may at the present arid Subsequent meetings )>e decid-
ed upon, be addressed ;to His Excellency Sir Richard
Graves MacDonnell, Governor of this Colony, and from
what was already known of his energy and capacity
for work, Her Majesty’s Government would not get
much rest until they have taken some action in it. A
brilliant instance of His Excellency zeal for the in-
terests of this colony was seen in the manner in which
he advocated the case of the seizure of the Prince Al-
bert being successful in at last convincing Sir Ruther-
ford Alcock that the seizure was an illegal one.
Mr. Leman then proposed the following resolution...”
|
|
9 |
|
“...SUPREME COURT & CONSUL-VI? GAZETTE
THE SHANGHAI GAS COMPANY. NOTICES CF FIRMS.
ATOT1CE is hereby given that the adjourned Annual J\ General Meeting of the Shareholders will be held at the office of the Secretary, No. 27 Foochow Road, on Tuesday, the Thirtieth instant, at Five o’clock p.m. By order of the Directors, Geo. J. W. COWIE, Sec. Sh. Gas Company. Shanghai, 27th July, 1S67. NOTICE; "X A7 l4h the undersigned, have re-established ourselves from the D-Z Instant, as Merchants and Com- mission Agents at this port, under the name and style of Dow & Go. J JAMES DOW, JAMES H. WRIGHT, Wm. S. MACLEAN. Shanghai, 13th July, 1867. have opened a branch of our business at ? 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.
UNION INSURANCE SOCIETY OF CANTON, fl HE Undersigned, having been appointed Agents for ’ the above office at this port, are prepared to accept Marine Risks at current rates. GIBB, LIVINGSTON &...”
|
|
10 |
|
“...July VIth 1867
SUPREME COURT & CONSULAR GAZETTE.
:9.
Mr. Geo. Heard proposed that a Committee should
be aj p Anted at this meeting to draw up a statement to
be presented at a general meeting. Merchants could
then send their suggestions to the Committee, and they
could he embodied in the statement.
The Chairman thought it well to have an adjourned
meeting ; the subject was hardly yet fairly ventilated,
and few even at this meeting were prepared to offer
any suggestions.
Mr. Parry thought it would be well to have the Com-
mittee appointed, and have them at work, and have
the adjourned meeting as well. Sir MacDonald Stephen-
son had, when he was here, called upon every firm, and
requested them to write him letters embodying their
views and opinions, and this had met with a moat
hearty response ; why could not the Committee act in
the same manner ?
The Chairman said that Sir MacDonald Stephenson
w as a striking man, and received a great deal of atten-
tion, but he hardly thought merchants would...”
|
|
11 |
|
“...42
SUPREME COURT & CONSULAR GAZETTE.
July 27 th 18G7
•July 21st, Messrs. Warden and Young; par Cadiz,
from Nagasaki, July 22nd, Mr. Bayne; per Sunda, from
Hongkong, Julj7 22nd, Messrs, Bertolli, Mamulldorff,
Boyd, and Andre.
The Interior.—As usual the reports regarding the
rebellion are very conflicting. The North China Daily
News appears disposed to place great confidence in
Le’s strategic movements, deeming that lie has “holed”
the Nienfei within forty li of the seaboard of Shang-
fcung. The Recorder ridicules the idea of Li having
surrounded the Rebel forces, pointing out the ab-
surdity of regarding such a step as an evidence of
probable success, unless the forces were in overwhelm-
ing numbers, as otherwise the enemy are at liberty to
break the cordon at whatever point it happens to be
weakest. It also notices one important feature which
has recently come to notice in reference to the
Rebellion, namely, that the Rebels are not composed
alone of the Nienfei, but consist in part, of...”
|
|
12 |
|
“...27?A 1867.
SUPREME COURT & CONSULAR. GAZKTTE.
43
regarding an accident which occurred to the steamer ■
Volunteer when leaving that port, e?z route, to Foochow. i
At the time decided upon for the vessel’s departure '
there was an unusually strong flood. On rounding the ,
flag-staff of Messrs. Dent & Co. the current caught her j
bows and forced her across channel. The result was
that she grounded on the rocks at the South side of the ,
entrance to the harbor, and rolled heavily for a few j
minutes. Fortunately the tide which was mainly in- j
strumental in causing the accident proved at this junc- ’
ture the means of saving the vessel from sinking. She
was carried by the flood off the rock and farther inside,
and was beached without further misfortune. We
understand that the damage mainly consisted in serious
breakage of the plates on one part of the hull. The
occurrence is said to have been entirely due to the
tigheadeduess of the Chinese official on board, who
insisted upon leaving port...”
|
|
13 |
|
“...44
SUPREME COURT & CONSULAR GAZETTE.
julytfttli 1867.
Shipping: The -S' >rereigri of Indiaha 4 left for Lon-
don, and severd other vessels are engaged full, and
\\ 11 leave at an early date The Rate ia called £2.10/.
o £3 sterling per ton.
Silk :—The Ying-lzsefei, which arrived on Sunday
brought Telegrams announcing the collapse of the Silk
Market in London, since when the settlements do not
exceedji.300 bales .at somewhat easier prices, fct.be latest
transaction we hear of being Red Peacock Chop No. 4
Tsalee at Tls. 490. It is thought that the next Euro-
pean news will be very unfavorable for Silk, and Foreign-
ers are not inclined to operate.
Opium :—J/aZw.i.: The price for first class drug was
ruling at Tls. 550 a 555, and a limited business was
done, especially for good drug only, when tlio Sunda
Arrive! on the 22 nd, with a-supply more than required,
b it still the sales opened at Tls. 555, which is'to-day’s
quotation ; demand moderate and a large stock.
Patna : Since our last, there...”
|
|
14 |
|
“...supreme- court & consular gazette.
British Consulate Shadgiiaa
Lour Master’s Office, where each boat will be given a
dertilieate and number. The words “ Licensed Pilot-
Boat” shall, with the number, be legibly painted at
the Btarn and on the head of the mainsail, and a Hag,
of which the upper horizontal half shall be yellow, and
the lower green, shall be flown. Such registered Pilot-
boats shall deposit their national papers with their
Consul or the Customs j they shall be at liberty to
move freely within the limits of the port and pilotage
ground, and shall be exempt from Tonnage Dues. On
the requisition of the Harbour Master or his deputies,
it will be obligatory on registered Pilot-boats to convey
from place to place within the limits', employes be-
longing to either Customs’ or Harbour Master’s Depart-
ments, with such stores as may be wanted for either
Light-Houses or Light-Ships.
13. —Pilots' losses: compensation how to be made.—
Any Pilot carried off from the Pilot ground—the fault...”
|
|
15 |
|
“...SUPREME COURT & CONSULAR GA2ETT&
Imperial Maritime Customs.
AUSTRALIAN COAL.
Pilot-Boats shall deposit their national papers with
their Consul or the Customs ; they shall he at liberty
to move freely within the limits of the port and pilot-
age ground, and shall be exempt from Tonnage Dues.
On the requisition of the Harbour Master or his depu-
ties, it will be obligatory on registered Pilot-Boats to
convey from place to place within the limits, employes
belonging to either Customs’ or Harbour Master’s De-
partments, with such stores as may be wanted for
either Light-Houses or Light-Ships.
13. —Pilots' losses: compensation how to be made.—
Any Pilot carried off from the Pilot ground—the fault
not being his own—shall be entitled to compensation
at the rate of five Taels per diem. Any damage sus-
tained by a Pilot-boat while alongside the ship piloted,
shall be made good by such ship : the damage to be
assessed by two competent persons, one to be chosen by
the Pilot, and the other by the Master...”
|
|