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“...SUPREME COURT & CONSU LAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. II SHANGHAI, SATURDAY, 14th SEPTEMBER, 1867. No. 36
CONTENTS.
Leading Articles. Page
Registration of Land......................... 99
The Resignation of the Municipal Committee at
Ningpo.................................... 100
Cases in H. B. M.’s Supreme Court.
In Bankruptcy: In re Smith, Kennedy & Co... 101
Summary Cases .............................. 101
Police Cases................................ 101
Page
Report of Meeting of Land Renters.. ........ 10]
Regulations for Purchase by Chinese of Foreign
Vessels................................. 105
News of the Week,......................... 107
Commercial Summary,......................... 107
Shipping, Quotations &c., &c................ 107
Meteorological Table, &c.................... 107
NOTIFICATIONS
H. B M Supreme Court.
H. B M. Supreme Court.
H. B. M,’s SUPREME COURT FOR CHINA
AND JAPAN.
jVTOTICE.—It is hereby notified that...”
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“...SUPREME COURT & CONSULAR GAZETTE
H B. M’s Supreme Court.
British Consulate Chinkian {
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN.
THE BANKRUPTCY" ACT, 1861.
Shanghai, the 2Ath day of July, 1867.
NOTICE' is hereby given that a sitting of the Court
for the iirst meeting of Creditors of Edmund
Warden, lately carrying on business at Shanghai, who
was adjudged bankrupt under a petition of adjudication
of bankruptcy hied in Her Britannic Majesty’s Supreme
Court for China and Japan at Shanghai, on the 25£4
day of June 1867 ; having been held before Charles
Wycliffe Goodwin, Esq., Registrar, on the 23rd day
of July 1867, tlie Court has appointed a public sitting
to be held before Sir Edmund Hornby, Knt., Chief
Judge, acting in the prosecution of the said petition,
on the 19,'A day of September 1867, at the Supreme
Court at Shanghai aforesaid, at two o’clock in the after-
noon precisely, for Rie said bankrupt to pass his fclast
examination and to make application for his order...”
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“...September 14/// 1807.
SUPREME COURT & CONSULAR GAZETTE.
99
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.
Advertisements will be received till 10 a.m. on Saturday.
Ero communications can be noticed unless accompanied by
ihe name of the writer.
Supreme ®o«rt anb Consular feette
Shanghai, September 14th, 18G7.
A matter which has not unfrequently formed a
subject of animadversion in the public prints,
has again been brought before the notice of the
community in the course of the labours of the
Assessment Committee, just completed. We al
lude to the system of registering land which
has long been in force in Shanghai. It is per-
haps almost needlessly complimentary to call it
a system afc all, as it is so full of defects as to
be scarcely worthy of that name. The incon-
veniences arising from this cause are so well
known, that it is not necessary to dilate upon
them at any length. They have...”
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“...100
SUPREME COURT & CONSULAR GAZETTE.
September \Ath 1867.
terested in such matters, it is obviously better
that they should be able to ascertain actual facts
than be left to mere surmises, which may be far
more pernicious to a man’s credit, that a state-
ment of the real circumstances of any case.
This object:on, therefore, is not of much
weight, the more especially as so far as British
subjects are concerned—and it is they who are
most likely to raise such an objection—the law
already compels the registration of both title
deeds and mortgages at their Consulate ; and the
formation of a general registration office would
not be the introduction of a new element, but
the consolidation of elements already existing.
We trust therefore that the land renters
will further consider this question, and that in
conjunction with the Consular authorities a sys-
tem of registration of a simple and easy nature
may be set on foot.
We may probably recur to this subject in a
future number, when we hope...”
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“...any debts which may be obtainable,
and making sale of personalties.
H. B. M. SUPREME COURT, SUMMARY CASES.
September 10/7i 1867.
Godenrath v. T. J Scott.
Claim for $29, balance for food aud lodging.
Defendant admitted the claim, but pleaded inability
to pay. An order was given for payment of $23 at
once, and the balance $6 and $3 costs so soon as De-
fendant has money.
Tsang Ta-Yuan v. H. Lester.
Claim for $29.70, for work done.
Plaintiff, a building contractor, claimed from Defend-
ant an architect, the sum of $12 for conveyance of timber
from Tun-kah-doo, and for conveyance from Hongque
$5.70, and watchmen’s Wages for 1 month at $12. This
last item was disputed. Defendant had not told Plain
tiff to engage watchmen, but had said that if the wood
were stolen he would hold him responsible. Plaintiff
said he engaged the men expressly to look after the
wood.
His Honor allowed the claim for $23.70.
H.
B. M. SUPREME COURT, POLICE CASES.
September 6th 1867.
Before R. A. Mowat Esq.
A mat and Phillip...”
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“...102
SUPREME COURT & CONSULAR GAZETTE.
September \4dh 1867
». ' — 1 —-——— • -------------
Mr.C. A. Winchester, H.B.M- Consul, was voted
to the Chair, Mr. Mangum, U- S. Vice Consul,
officiating at his side, and Mr. J. Matthias Lloyd
acting as Secretary.
The Chairman in opening proceedings stated
that, in consequence of a suggestion made to him
by the Municipal Council, that his colleagues and
self should ask some of the other Consuls to
attend the meeting, and which beheld particularly
to apply to the Consul General for Prussia,they had
addressed that gentleman; and he regretted that
a reply had been received which stated that Mr.
Tettenborn could not attend, as the Council had
not invited him to take official cognisance of their
acts. This reproach the Chairman thought was
not merited by the Council, who were merely an
executive body, and could not exceed their powers,
and Mr. Tettenborn stood in the same position as
other Consuls not originally parties to the Land
Regulations, and his...”
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“...■ p1 September 14Ui 1867. SUPREME COURT & CONSULAR GAZETTE. 103
is otherwise called) is simply the appointed instrument. This body has, and can have, no other character,—all its acts beyond the scope of the Regulations being without legal force. The relations therefore of the officers of all Foreign Powers, whether with or without Treaties, with the Council must necessarily be executed, and cannot in any way reach to, or affect the public act itself in vir- tue of which it is constituted. The natural mode by which the new Treaty Powers could have placed themselves in the same position as the old, vis-a-vis the Land Regulations, was to intimate to the Chinese Government and the Representatives of the other Signatary Powers their desire to make their formal adhesion to the original convention—thus ac- cepting officially its obligations as well as its privileges. Why this was not done at the time the Prussian Lega- tion and Consulate General were established, our in- formation does not reach...”
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“...104
SUPREME COURT & CONSULAR GAZETTE.
September i4th 1867.
After a few remarks, Mr. W. IL Carter proposed
That the value of Land for purposes of taxation,
shall be assessed by the Finance Committee of the Muni-
cipal Council with the following'added to their number:
Messrs. Hargreaves, Iveson, Hogg, Probst, Dow and
Brand. That a notice shall be served on each rate payer of
the amount of his assessment, and fourteen days allow-
ed for appeal to be urged either personally or by depu-
ty. That all appeals shall be considered by the whole
Council, together with the above named gentlemen and
their decision in every case brought before them shall
be final.
The Chairman pointed out that the highest and
lowest values should be decided upon, and after
various opinions had been taken, the following
resolution, proposed by Mr. Brand and seconded
by Mr. Cowie, was put to the meeting and carried.
That the basis of assessment so to be made shall be
a value of Tls. 4,000 on the best Bund lots, and not...”
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“...September ]Atk 1807.
SUPREME COURT & CONSULAR GAZETTE.
105
peals would rest to the Council. After a few
remarks from the Chairman, it was proposed by
Mr. Hayes and seconded by Mr. Meintz,
That the Land Renters’ Committee or Municipal
Council of Shanghai be hereby empoweral to collect
the following rates in conformity with the provisions
contained in Art 10, of the Shanghai Land Regulations
of 1856.
On houses occupied by foreigners 6 per cent, per an-
num on the assessment of houses inhabited by foreig-
ners.
Lighting rate 11 per cent per annum as lighting rate on
the assessed valuation of houses occupied by foreigners.
Native rental rate or Chinese House Tax, at the rate of
8 per cent per annum on the assessed valuation on
buildings occupied by Chinese, such rate being collect-
ed from occupant or occupants at the date of being de-
clared due, said rate and taxes being levied for the
peace, good order, and better Government of the for-
eign settlement.
A vote of thanks to the two Assessment...”
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“...106
SUPREME COURT & CONSULAR GAZETTE.
September 14ZA 1867
class shall be kept distinct, aud on the closing of the
account of each vessel the Commissioner of Customs
shall forward a copy thereof through the Inspector
General.
IV. —1. Every Chinese-owned vessel of this class
shall have as supercargo, a Chinaman, to ensure that
the person in control in the vessel shall be thoroughly
conversant with Chinese customs.
2. Every foreigner engaged as sailingmaster, shall
produce a certificate of competency from his own Go-
vernment for the inspection of Commissioner of Cus-
toms, who shall enter his name and nationality and
the date of his engagement on the certificate of regis-
try. Subsequent changes of sailing-master shall also
be noted thereon
3. The sailing-master shall keep a proper daily re-
cord in his log of the occurrences on board the vessel,
as is the custom in foreign ships.
4. Every Chinese-owned vessel of foreign model
shall have drawn out articles of agreement with the
crew, which...”
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“...September 14th 1867.
SUPREME COURT & CONSULAR GAZETTE.
107
Dr. Johnson Messrs. Gundry and Campbell; per Sunda,
from Hongkong Sept. 8th, MissJoliffee, Messrs. Gribble,
Golquet, Lorenzo, and Glover.
From Hongkong and the outports we are not re-
ceipt of any news of interest since our last.
COMMERCIAL^
Shanghai, Friday Evening, Septr. 13th, 1867.
Imports.—We have again a quiet business to report,
without much variation in prices, the value of 8} lb.
Grey Shirtings having ruled at Tls. 2.53 a 2.60.
White Shirtings are extremely flat, and the demand for
/’-Cloths and Drills is somewhat languid. Fancy
Cottons and Woollens are also dull of sale, considering
the Season of the year. The Hankow trade continues
pretty steady, but the Tientsin Dealers still, for the
most part, hold aloof.
Tea.—Black : Much quietness has existed in this
market during the past week, the result, no doubt of
the gloomy advices received from Home by the 26th
July mail, and the undesirableness of the stock on
offer. Prices...”
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“...SUPREME COURT & CONSULAR GAZETTE.____14supreme court for china
' AND JAPAN.
Court of Bankruhtcy.
Thursday, 19th September, 1S67.
In reC. Treasure Jones. —First meeting of creditors,
at 11 a.m., adjourned from loth July.
pn rc Edmund Warden.—Bankrupt to pass his last
Examination, &c. &c., at 2 p.m.
Monday, 23rd September, 186/.
In re Dent & Co.-First meeting of creditors, at
11 AM.
Tuesday, 2-bth September, 1887.
In re Smith, Kennedy & Co.—First meeting of
creditors, at 11 a.m.
Monday, 39th September, 1S87-
In re Maitland', Bush & Co.—Bankrupts to pass
their last examination, &c. &c. at 11 a.m.
Court of Vice Admiralty.
Thursday, 29th September, 1867 at 11 a.m.
Cause for Hearing.—Zw re The “Malacca ; Claim
of $17,500, damage by collison....”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Ningpo.
NOTIFICATION.
British Consulate,
Ningpo, 30£A August, 1867.
IS Excellency the Taoutai having informed the
undersigned that he has given direction for the
organization of a Mixed Police Force, with a view to the
more perfect maintenance of order within the Kiang-
pek District, the undersigned deems it expedient to
publish for general information the annexed substance
of the Regulations under which it is proposed the said
Force shall be controlled, the nature of its Duties, &c.
Hi3 Excellency the Taoutai has also notified to the
undersigned that he has appointed J. E. Cook, Esq.,
the Commandant of the Local Militia, to be the Wie-
yuen or Controller of the said Force, and that the
men comprising it are to be distinguished by the
following Uniform :—
Europeans.
Summer :—Blue Camlet-Jacket, with Number in Eng-
lish and Chinese on Collar, White or light Trousers,
and during the day Pith Hat, Cloth Cap with White
Band at night.
Winter...”
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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. W.
IN the Admiralty Report on Australian Goal, printed
by order of the House of Commons in June 1862,
this Company’s ' oal 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.
II. M. Skips oil the Australian Station are supplied,
under contract, with this Company’s Coal, which the
Engineers report to be “ the best of the Australian
Coals.” Copies of testimonials from Captain Logan
of the & S. S. Hero, and Captain McMeekan of the
& & S'. Omeo are at foot. The sales of this Com-
pany’s Coal in 3866 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| feet (the <’oal being put on board as fast
as the ship can take it) and...”
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