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“...SUPREME COURT & CONSULAR
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. II SHANGHAI, SATURDAY, 24th AUGUST, 1867.__________No. 34
CONTENTS.
Leading Articles. Page
Centralization]............................. 71
Mendicants................................... 72
Cases in H. B. M.’s Supreme Court.
Summary Cases ............................... 73
Police Cases................................ 74
Inquest at II. B. M.’s Provincial Court, Nagasaki 74
Page
Report of Half Yearly Meeting of Hongkong and
Shanghai Banking Corporation.......... 74
News of tiie Week,........................ 75
Commercial Summary,....................... 77
Shipping, Quotations &c., &c.............. 78
Meteorological Table, &c................ 7S
NOTIFICATIONS
H. B M. Supreme Court.
H. B M. Supreme Court.
RULES OF PROCEDURE TO BE OBSERVED
IN H. B. M.’s SUPREME COURT FOR
CHINA AND JAPAN, IN
ADMIRALTY.
WHEREAS it is of urgent necessity that Rules of
Procedure in Admiralty causes should be framed...”
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“...SUPREME COURT & CONSULAR GAZETTE.
H. B. M’s Supreme Court.
H. B. M ’s Supreme Court.
or parson in charge of tlie?cargo, will not permit access to
it, the officer will serve him instead of the Res with the
Warrant, by -showing to him the original and leaving
with him a copy of it.
(2)—The fact of the arrest is to be certified by endorse-
ment under the hand of the officer making it.
7. —A person nominated by the Court shall be left
in charge of the Res.
Note.—A fee will be charged on each of the three last
named steps (5-7), that is to say, for the warrant, the
service and arrest, and the expenses connected with and
arising out of the custody of the ship, &c.
8. —The fact of the arrest and the citation to appear
shall be advertised in the'usual way.
9. —At any time before the trial of the case, the
Owner or Captain or any one interested in the vessel
or in the cargo or freight attached, may come in and
give an undertaking to appear or to appear and give
bail to the action. Such an undertaking...”
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“...August *24th 1867.
SUPREME COURT & CONSULAR GAZETTE.
71
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.
A dvertisements will be received till 10 a.m. on Saturday.
Ho communications can be noticed unless accompanied by
the name of the writer.
Supreme Cflxmrt anb Consular feette
Shanghai, August 24th, 1867.
The columns of our Hongkong Contemporaries
have recently contained some ably written ar-
ticles upon the subject of the relative position of
the Minister at Pekin and the Consular Autho-
rities at the various ports; and have given a
resume of the chief arguments which have from
time to time been advanced upon this subject.
The question is one of no little importance,
ultimately resolving itself into that of whether
our relations with this country shall be exclu-
sively governed from Pekin; or mutato nomine,
the familiar subject of the policy of centraliza-
tion, as enunciated by Sir Frederick...”
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“...SUPREME COURT & CONSUL AR GAZETTE.
separation of diplomatic and judicial functions
than by a constant resort to force of arms as
suggested by those who are advocates for a
decentralized policy. One great error which is
made by the Chinese is their want of a due
appreciation of the difference between diplomatic
and judicial questions; and in an early and crude
state of our relations with China, this error was
in a measure followed by ourselves ; the diplo
luatic and judicial powers of our Consuls having
been by no means so carefully distinguished as
should have been the case. The Ch inese are
disposed to look, upon every dispute as a matter
for negotiation and compromise, rather than for
adjust nent upon settled and defined principles
of law and right. If, however, we can induce
them to understand the difference between law
and diplomacy, we shall advance a step in the
right direction.
We are disposed, therefore, to believe that
in the extension of the system of Mixed
Tribunals a remedy...”
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“...J uf/ust 24th 1867.
SUPREME COURT & CONSULAR GAZETTE.
7.3
such measures as m ly prevent native beggars
from being what may be legitimately called a
nu sance. The idea that because the Chines'*
have their own notions on the subject of beggers,
the foreign residents in this settlement are to be
annoyed by such disgusting and revolting exhi-
bitions as many native mendicants are in the
habit of making in order to appeal to the sym
pathies of the public, appears to us to b *
stretching the point of jurisdiction on the part
of the Chinese to an absurd and untenabl
degree ; and when it is remembered that the
native officials are glad enough to allow the
Municipality to take upon themselves the trou
ble and responsibility of punishing Chinese
criminals by means of the chain gang, it cer
tainly appears to be straining at the gnat after
swallowing the camel. Thus then with regard
to the native mendicants we think we mav
fairly leave to the Chinese the responsibility of
relieving them ; and content...”
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“...74
SUPREME COURT & CONSULAR GAZETTE.
August 24th 1867.
ed ; an account, whose correctness .Jarvis admitted, had
been unfortunately lost or not produced, it was im-
possible to ascertain what these goods were, and it
must be held, spite of some elements of suspicion on
this part of Defendant’s case, that there is no evidence
of the delivery of that portion of the goods.
Judgment was accordingly given for the market
value of the goods mentioned in the first list, and costs
decreed against defendant as he fairly drove Plaintiff
into Court by his refusal t<5 come to any settlement o
account with him.
August 13tli 1867.
Yang King Tan v. Chas Butler.
Claim for $50, damage done by Defendant’s ship to
Plaintiff’s boat.
In this case Plaintiff claimed the sum of $50 for
damage done by the Polmaise. The Plaintiff’s boat
was moored alongside the steamer Suwonada, with
three other similar ballast boats outside. In making
for the Dock, the Polmaise struck the outside boat, do-
ing slight damage to it...”
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“...SUPREME COURT & CONSULAR GAZETTE.
satisfaction, not only to ourselves but alco on the West
Coast, where we supplied the American steamer Vander-
bilt, and the British steamers Tribune, Sutlej (Flagship),
and Leander (Commodore’s ship); the Engineers of all
these vessels approved highly of them foi' Steam pur-
poses.
I am,
Gentlemen,
Yours faithfully,
(signed] HUGH McMECKAN.
Melbourne, March 1st, 1807.
To the Secretary,
Newcastle Wallsend Coal Company.
Sir,
I have much pleasure in stating that the Coal supplied
by your Company has given entire satisfaction, indeed
there is little or no ash, and I had never occasion to ask
the Engineer what Steam he had. I have tried your Coal
several times and always found it the same.
Yours very sincerely.
(signed] THOMAS LOGAN,
Master Sf S. S. Hero.
*** The Haro was the contract Steamer for the Aus-
tralian Mails via Torres Straits.
PUBLIC NOTIFICATION.
A Special Public meeting of Land Renters, called at
the request of the Municipal Council, will be held...”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Shanghai.
So-lio bay is the only anchorage on the East Coast of
Formosa, and affords shelter from the N. E. and
southerly winds, being open only to East and E. S. E.
winds, when a heavy swell would roll into the bay,
but a vessel found with good grounds tackling would
be able to ride safely.
The.bay is easily approached from the southward, as
the South Cape is bold and steep to, but from the
northward foul ground extends from the North Cape
fully a mile, and vessels must not enter the bay until
the North Cape bears N. W. by W.
The nature of the bottom in the southern portion of
So-ho bay' being veBy Uneven and robky, and off Lam-
hoh'g-ho, very shallow with various depths of one and
two fathoms, and even less in small patches of rock,
the passage between the southern edge of the Tong-
sim-tai (or Breaker Reef) and the rocky or ragged point
of the south shore, is not available for any draft over
9 feet, nor can the small bay of Lam-hong-ho...”
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“...A ugiist 2Ath 1867.
SUPREME COURT & CONSULAR GAZETTE.
io
petition on the market for 6 months bills, affording
the Bank a wider and more profitable selection.
Under the provisions of the Hongkong Bank Ordin-
ance No. 4 of 1866, which has been confirmed by the
Queen, a Deed of Settlement has been prepared, with
which His Excellency the Governor has declared him-
self satisfied, and in that document are embodied some
provisions which the Lords Commissioners of the Treas-
ury required to be inserted. This Deed having been
executed by the requisite number of shareholders, the
legal status of the Corporation is therefore now
established on a satisfactory basis
Messrs. Edward Cunningham, Albert F. Heard,
and Henry B.Lemann having resigned, the Court have
appointed Messrs William H. Foster, Jr., George F.
Heard, and William Lemann to three of the vacant
seats in the direction, which is now composed of the
following gentlemen : Mr. Woldemar Nissen, Chair-
man, Mr. Arthur Sassoon, Deputy-Chairman...”
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“...75
SUPREME COURT & CONSULAR GAZETTE.
J ngnst 24th 1867.
All the available royal plate was displayed on the
occasion There were 2,500 guests present. Miss Burdett
Coutts yesterday gave a splended fete to the Belgian
Volunteers. Consols, 944. India Four per cents.,
86. Five per cents., 103. Five-and-a-half per cents.,
108. Exchange on Calcutta, Is. lid. London, 23rd
July.—In the House of Lords yesterday, Earl Derby
moved the second reading of the Reform Bill. Earl
Grey has proposed an amendment condemning the bill.
There was a protracted debate, which will bs resumed
to-day. London, 24th July.—A grand review of regular
troops and Volunteers took place yesterday at Wim-
bledon, before the Sultan of Turkey and the Prince of
Wales, who were afterwards magnificently entertained
by Earl Spencer. The Sultan of Turkey and the
Belgian Volunteers left yesterday.—July 24th. The
Atlantic cable of I860 has bseo broken. The Reform
Bill has ben read a second time in the House of Lords.
Earl Grey has withdrawn...”
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“...Aguuis 241 rt 1867.
SUPREME COURT & CONSULAR GAZETTE.
77
of what he was doing, which was all that a workman
could do, the unfortunate experimenter being a
Mandarin.
The scheme with reference to forming a new Club
in Shanghai has been postponed indefinitely in con
sequence of the Agents of the Mortgagees of the Club
building having discovered that they have a claim
against the Old Shareholders in addition to the amount
the Club may sell for. The sale of the Club House
was therefore put off to enable the Old Shareholders
to make arrangements.
Mr. Farnham, who has contracted to build the new
Church, has declared his intention of carrying out his
contract notwithstanding a difficulty with respect to
funds, concerning which there has been a great deal of
correspondence in the local papers.
The marriage of Mdlle. Brenier de Montmorand,
daughter of Vcte. Brenier de Montmorand, Consul
General of France, to M. Leonce Verny, Ingenieur de
la Marine Imperiale, was celebrated on the 22nd at the
Jesuits...”
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“...78
SUPREME COURT & CONSULAR GAEETTE.
August 24th J867.
we confess we were not prepared for such a complete I
collapse and probable disastrous losses to the shippers
The value of No. 3 chop Tsatlee is to-day Tls. 520
= 27/6, laid down in London, or a fall of about 5/. per lb.
from the highest point: still we regard the prices as
dai gerous.
Opium:—Malwa: Since our last the market has con-
tinued in the same inactive position as then mentioned,
owing to the unfavorable news received from Tientsin
and Yangtsze ports as to low rates ruling in those places.
Some few sales of really first sort Drug were made at Tls.
550 a Tls. 552. The Malacca brought about 600 chests,
and a further supply is looked for in a few days. We
do not see any chance of a better rate than the present,
which is nominally quoted at Tls. 550 a Tls. 552
Patna\—Discouraging news from the South has
tended to lower the prices at this side. To-day New
is quoted at Tls. 455, Old tT§. 440, with but little de- 1
maud.
Exchange:—Bank...”
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“...British Consulate,
Shanghai, 5th June, 1867.
Approved : -
RUTHERFORD ALCOCK,
Min. Plen. and Envoy Exty.
EDMUND HORNBY,
Chief Judge.
Note.—Consuls are requested to observe the omission of
the first Fee in the copies forwarded to them
and to insert the same in such copies.
Placing
On the
H. B. M- Supreme Court,
day of August, 1SG8, having been held before Char-
les Wycliffe Goodwin, Esq, Registrar, on the 15£A
day of July and by adjournment on the 15/A of
August, 1SG7, at the Supreme Court at Shanghai, the
Court lias appointed a public sitting to be held before
C.‘ W. Goodwin, Esq., Deputy Chief Judge, acting
in the prosecution of the said petition, on the 3(BA
day of September 1867, at the Supreme Court afore-
said, at eleven o’clock in the forenoon, for the said
bankrupts to pass their last examination and to
make {application for their respective orders of
discharge.
At such public sitting proofs of debts of creditors
will be received and the bankrupts will be required
to submit themselves...”
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“...SUPREME COURT & CONSULAR GAZETTE.
Imperial Maritime Customs.
CUSTOMS’ NOTIFICATION.
HE Inspector General of Customs publishes for
the information of all whom it may concern the
following Rules.
Chinese Piotage Regulations.
1. —Number of Pilots: how to be determined.—The
number of Pilots to be licensed at each Port shall be
determined by the Harbour Master, in consultation
with the Consuls and Chambers of Commerce, and be
increased or diminished as required by circumstances.
2. —Pilots : individuals eligible.—The subjects, citi-
zens, or proteges of Treaty Powers shall, equally with
natives of China, and without distinction of nation-
ality, be eligible for appointment when vacancies occur,
by the Board of Appointment, subject to the General
Regulations now issued, and the Bye-laws to be under
them enforced at the several ports respectively.
.3.— Board of Appointment: how to be constructed.—
The Board of Appointment shall consist of the Harbour
Master, as President, the senior Pilot, and...”
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