1 |
|
“...SUPREME COURT*CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. II SHANGHAI, SATURDAY, 21st SEPTEMBER, 1867. No. 37
CONTENTS.
Leading Articles. Page
Qualifications for the Consular Service......109
Ancestral Worship............................ 110
Cases in II. B. M.’s Supreme Court.
In Bankruptcy: In re C. Treasure Jones,......Ill
In Bankruptcy. Tn re E. Warden,............. Ill
Summary^Cases ................................Ill
Police Cases.................................112
Case in H. B. M.’s Prca ' * r, Court, Hankow.
In Bankruptcy; In re Mackellar & Co. Judgment. 112
Despatch fromTSir Rutherford Alcock 'on the Page
Prince ALbert case.....................113
Despatch from Sir Rutherford Alcock on New
Chinese Pilotage Regulations ..........114
News of the Week,...........................115
The Typhoon at Hongkong.....................117
The Loss of the Singapore...................118
• Commercial Summary,.......................119
Shipping...”
|
|
2 |
|
“...SUPREME COURT & CONSULAR GAZETTE.
H. B M Supreme Court
H. B ±vl Supreme Court.
the estate (after making reasonable deductions for
future contingencies) shall be divided ^tforsgst the
creditors; and creditors who have n<;t already proved
their debts are to come prepared to prove the same or
they will be excluded the benefit of the said dividend,
and all claims not then proved will be disallowed.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN.
COURT OF BANKRUPTCY.
THE BANKRUPTCY ACT, 1861.
Shanghai, 18/Zt September, 1867.
NOTICE is hereby given that a meeting of the
creditors of Samvel Clifton, who was adjudicat-
ed bankrupt to the 29/A day of January, 1866, will be
held before Chkrles Wycliffe Goodwin, Esquire,
Deputy Chief Judge of Her Britannic Majesty’s Supreme
Court for China and Japan, at the Supreme Court :
aforesaid, on Tuesday, the 1.^ day of October next, at !
11 o’clock in the forenoon precisely, which the-official !
ami sole assignee will submit a statement of the...”
|
|
3 |
|
“...2RH867. SUPREME COURT & CONSULAR GAZETTE.
100
H is requested that only such cominnnications as relate to
Editorial matters be addressed to the Editor, and that they
be sent not later than Friday.
Advertisements will be received t'dl 10 a.m. on Saturday.
No communications can be noticed unless accompanied by
the name of the writer.
Supreme (ttourt anb dousular (Subtle
Shanghai, September 21st, 1867.
a broad view of the great principles of law
and deciding in conformity with its spirit.
In former da vs, in the Consular Courts, we
heard a very great deal 6f equitable decisions; a no-
tion having apparently gained ground that all that
was not law was eq u i ty. Cle ver ad vocates were not
slow to avail themselves of this fact to back up
their cases. With a statute or a precedent star-
ing them in the face, they would repeatedly
argue for decisions of a directly opposite nature;
and we may add, not very unfrequently. obtain
them. We cannot quite agree with the writer
of the article under notice...”
|
|
4 |
|
“...no
SUPREME COURT & CON'SUUAR GAZETTE; &ytf<^r2Ts^ I86L
pass an examination in the different branches
of Law before being appointed to any post where
they are to exercise judicial or magisterial func-
nor necessary that so deep an acquaintance with
the subject should be demanded from th an as
from a professional man, st II they should know
where to hud the Law on any of the matters
likely to come under their notice ; and without
careful study of the leading Text Books, even
this knowledge cannot be acquired.
In the study of the Law also* would be found
a salutary counteraction to the effects of an-
other study as essential to the Consular
Official. We allude to that of the Chinese lan-
guage, with which it is clearly necessary that a
gentleman engaged in the Consular service
should be acquainted. It is matter of notoriety
that this study, excepting in the case of men of
very superior mental calibre, tends somewhat to
produce fanciful and peculiar ideas, and to weaken
the faculty of taking...”
|
|
5 |
|
“...September 21st 1867.
SUPREME COURT &
CONSULAR GAZETTE. Ill
let the guilty escape punishment in a purgatory,
from which the priests can Belie ve\& J sufferer
through ceremonies that bear no slight resem-
blance to Masses for the dead.
With such a source of revenue, it is obvious
a priesthood must be well to do. They lia\ e
only to discover a credulous family of means
that has lost a member by death, and they re-
present the deceased as suffering from a cruel
judge in one or other of the the halls of
punishment, and that money will procure his
release*; and the money is provided.
This superstition also explains in part the
readiness of Chinese when angry to commit
suicide. It may not be in the power of the
' injured man to revenge himself as a man, but
he has only to transform himself into a spirit
and he becomes potent for mischief. Hence
tlie^frequent threat of suicide, which usually has
the effect of procuring for the threatener
> some consideration.
Ancestral Worship bears the same relation...”
|
|
6 |
|
“...112
SUPREME COURT & CONSULAR GAZETTE.
September 21 x/ 1837.
His Honor ordered that the accounts between the
two parties be gone into, and failing settlement the
amount in dispute only to be sued for.
Sept. 17 th, 1S67.
Chang-Keen-Foxg v’ R. S Raphael.
Plaintiff claimed $6 for putting a new iron pot in De-
fendant's kitchen. Payment had been refused on the
ground that plaintiff had agreed to take over the old
pot. This Plaintiff denied, but Defendant swore to.
The Defendant did not know at what price it had been
agreed it should be taken in payment. The old pot
had been taken away, it did not appear by whom.
Judgment for plaintiff $6 and costs $3.
A. Davis & Co. v. E. & A. Woodward. & Co.
Claim for goods sold and delivered Tls. 72.99.
The usher of the court deposed that the sunin oni
was by direction of the Court affixed to the office door
of the defendant, who is the Mr. Wodward, who during
the last few days obtained quantities of goods from
various tradesmen and others in Shanghai and...”
|
|
7 |
|
“...114
SUPREME COURT & CONSULAR GAZETTE.
September 21,
|
|
8 |
|
“...September *21s£ ] 867.
SUPREME COURT & CONSULAR GAZETTE.
115
ary byelaws and rules are being satisfactorily agreed
upon. The two main objections of the Committee of
the Chamber of Commerce of Shanghai, referring to
Articles 14 and 15, would equally apply to the Mari-
time Law and Customs of Great Britain, as well as
those of nearly every other European State. In all,
the compulsory employment of Pilots has been enacted
just and expedient, with a view to general security and
the maintenance of an efficient body of Pilots. In our
own Merchant Shipping Act, as I have already advised
you, consignees are distinctly made liable to pay Pilo-
tage Dues under Section 368. The qualification
embodied in the same clause, limiting it to those who
“ have paid, or made themselves Hable to pay, any
“ other charge 011 account of such ship in the port of
“ her arrival and discharge,” refers to a condition of
such general bearing that I apprehend there can be
few consignees or agents for ships who neither...”
|
|
9 |
|
“...116
SUPREME COURT & CONSULAR GAZETTE.
The Customs Reports for the year 1866 have j
been published. They are late in appearing but they
contain full and accurate information carefully compiled
and likely to prove of great use to the mercantile
community. The Trade of Shanghae in spite of untow-
ard events shews an increase in 1866 over that of the
previous year of Tls. 5,000,000 ; Imports having in-
creased Tls. 9,000,000, while Exports have diminished
Tls. 4,000,000.
A meeting of the ShareholdersTof the Shanghai Club
took place on the 14th inst., when resolutions "were
passed for the election of a new Committee of Manage-
ment. The statement that it wasj’contemplated to
establish a public Restaurant was denied,ht being only
the friends of members who were to be allowed to use
the Club table according to the resolutions at the
previous meeting. It was decided that in consequence
of the uncertainty as to who are members, and who are
not, it not being easy to name seven shareholders and
five...”
|
|
10 |
|
“...AVy:Z< 21.9/ 1867.
SUPREME COURT & CONSULAR GAZETTE.
117
foreign “fashion.” Should such he the case, a most
valuable addition will be made to the trading capa-
bilities of Chinkiang, and great advantage will in all
probability, accrue to the river steamer interest.
Japan.—The advices from Yokohama per M. I. S.
Phase are to the 1 lth'inst. Beyond the loss of the Singa-
pore, of which we give a report elsewhere, there is no
news of interest. Sir Harry Parkes has proceeded to
the Prince of Toza’s territory, as it was believed the
recent murders of two British subjects had been com-
mitted by men belonging to that territory, but there
seems little chance of redress.
THE TYPHOON AT HONGKONG.
(Prom the Hongkong Daily Press.)
It will be long before the full extent of the disasters
caused by the typhoon of Sunday night will be known,
and great anxiety will inevitably be felt for the fate of
all ships known or expected to be in the neighbourhood
of Hongkong at the time. Tt has been said very often...”
|
|
11 |
|
“...118
SUPREME COURT & CONSULAR GAZETTE.
September 21st 1867.
from his guns, in keeping at hay the piratical natives
who made for the wreck. Captain Roper was highly
complimented for his conduct and pluck, it being the
second occasion upon which he had rendered similar
service. There are two or three noteworthy points res-
pecting the treatment experienced by the crew of the
Genkai, which call for more than passing comment.
The Mandarin at Chelang Point behaved in the most
praiseworthy manner. He not only fee, lodged, and
protected his involuntary guests, but did his best to
stop their being plundered. Some of the rowdy natives
attempting to carry off some property, they were fired
at and some of them killed by an officer of the Genkai.
So far from disapproving of this proceeding, the
mandarin (Che Kiu Hsiung) informed the natives that
it served them perfectly right, and moreover desired
Captain James to shoot any man who attempted to
loot. In view of the fact that such conduct is rare on...”
|
|
12 |
|
“...September 2lst 1867. SUPREME COURT &
Tuesday, Sept. 10, daylight, keeping a strict look-
out for ships or steamers, worte to the British Consul
at Swatow for assistance, sent the letter overland; saw
a. schooner to the eastward, standing to the north-
ward ; sunset, no sails visible, N.E. wind and threa-
tening weather.
Wednesday, Sept. 11, daylight, all well; fresh N. E.
wind, saw a west coast junk steering down the coast ;
1.30 a m. saw a steamer coming up from the westward
steering to pass close to the point; made her out to be
the Erl King; immediately went on the fort and hoist-
ed,Glover & Co.’s Hag on the flagstaff, also fired four
guns ; but still the steamer passed within two miles of
ns, taking no notice whatever ; we could distinctly see
the men about the deck of the steamer; sunset, strongr
KE. wind and threatening appearance.
Thursday, Sept. 12, daylight, all well ; sighted a
steamer coming up from the westward, immediately
sent the chief officer out in the life-boat to intercept...”
|
|
13 |
|
“...120
SUPREME COVET & CONSULAR GAZETTE.
tfepfewfar 2!s$ 1867
LATEST QUOTATIONS.
Shanghai, September 21s2, 1867.
T.m.c. T.m.c.
Grey Shirtings—54 Catty, .. 2.2.5 a 2 3.2
,, 64 Catty, on -spot 2.5.5 t 2.6 0
White Do. 64 Reed, 2.5 5 a 2.6 0
V’-Clotus—Sib., 36 in, ...... 2.0.0 a 2.4.0
Long Ells—//II Scarlet, .... 7.2.0
,, Assorted, 7.2.0
,, GPU. Scarlet, .... 7.1.0
,, Assorted, 7.2.0
,, GG Scarlet, 7.1.0
,, Assorted, ... 7.1.5 ft 7.2.0
Spanish Stripes—Elephant, .. 7.1.0 ft 7.2.5
,, Britannia^. 0.6.6
Camlets SS 12.0.0 ft 13.1.0
sss 10.0.0 a 11.5.0
Lead ,....... 5.1.0 a 5.2.0
Iron—Nail Rod, 2.6.5 ft 2.7.0
Opium—Malwa, New, 535
,, „ Old, • 547
,, New Patna, 470
„ Old 465
MZTXJR )LO 4IGAL TABLE.
Time Rise
Date. ; H L or
Wter Fall
-WOJ8UNG.
TFLtcZ F X Q H I Bar. §
i . s
EXCHANGE :—
On London.—Bank 4m/s. 6a. 0|I. per Tael
Credits, 4m/s. 6s. l£d. ,,
Bills with, doct., 4m/s. 6s. lid. ,,
On Paris.—Credits, 4m/s., Fes. 7.70 a 774 ,,
Documentary...”
|
|
14 |
|
“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Shanghai.
British Consulate Ningpo.
BRITISH CONSULAR. NOTIFICATION.
Wo. 21.
In the Estate, of William Earle, deceased, late
Chief Officer, Steamer “ Express. ”
ALL persons having claims against the above estate
are required to file them at this Consulate on or
before the 28ZA day of September, 1867.
And all persons indebted to the said estate are re-
quested to make immediate payment to the under-
signed.
CHARLES A. WINCHESTER,
II. B. Mis Consul.
H. B. M.’s Consulate,
Shanghai, 16th September, 1867.
British Consulate Ningpo.
NOTIFICATION.
British Consulate,
Ningpo, 30Z/t 1867.
HIS Excellency the Taoutai having informed the
undersigned that he has given direction for the
organization of a Mixed Police Force, with a view to tho
more perfect maintenance of order within the Kiang -
peli District, the undersigned deems it expedient to
publish for general information the annexed substance
of the Regulations under which it is proposed the said...”
|
|
15 |
|
“...SUPREME COURT & CONSULAR GAZETTE
Imperial Maritime Customs.
ting Harbor Master at this Port, lias this day taken
over charge of the Harbor Master’s Department.
JAMES BLOWN.
Deputy Commissioner in Charge.
CUSTOMS’ NOTIFICATION, No. 57.
HE Commissioner of Customs having communicat-
ed with the Inspector General on the subject of
the Chinese Pilotage Regulations, the undersigned has
been instructed to state that the said Regulations,
published on the 22 nd, day of April 1887 for all the
Treaty Ports, and notified, here on the 26/A day of July
last, and which Regulations have been approved of and
assented to, by Their Excellencies tbe Representa-
tives of France, the United States, Prussia, Russia,
and Great Britain, the Treaty Power Ministers re-
sident at Peking, will be in force at Shanghai on and
after the R«tf of October next, after which day pilotage
in the adjacent waters can only be carried on by per-
sons licensed at this Port in accordance with Article
VI of the said Regulations....”
|
|