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“...United Slates Consulate Swatow-
H. B M. Supreme Court.
II. B. M.’s SUPREME COURT FOR CHINA
AND JAPAN.
NOTICE.—The offices of the Supreme Court will he
closed at noon on Wednesday 30/A, Thursday 31s£
instant, Friday 1st and Saturday 2nd proximo.
H. B. M.’s SUPREME COURT FOR CHINA
AND JAPAN.
"NTOTICE.—It is hereby notified that the sittings of
11 the Court for hearing ordinary civil cases during
the month of November next, will be held on Wednes-
days the 6th, 13th, 20th and 21th days of that month
respectively, and for Motions, Applications &c. on
Saturdays the 2nd, 9th, 16th, 23rd and 30th proximo.
British Consulate Chinkian p
IN HER BRITANNIC MAJESTY’S COURT AT
CHINKIANG.
THE BANKRUPTCY ACT 1861.
In the matter of George Drummond Hay, lately
trading at Chinkiang under the style or firm of
Hay & Go. a Bankrupt.
TYTOTIOE is hereby given that the first meeting of
IN Creditors of George Drummond Hay, who was
adjudged a Bankrupt under a petition for adjudication
of Bankruptcy, tiled in II. B. M.’s...”
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“...November 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
163
It is quested that only suck communications as relate to
Editorial matters be addressed to the Editor, and that they
be sent, not later than Friday.
Advertisements Ml be received till 10 a.m. on Saturday.
No communications can be noticed unless accompanied by
the name of the writer.____________________________
Supreme <£onrt anb Consular feette
Shanghai, November 2nd, 1867.
Amongst the latest telegrams that have reached
this port is one announcing the death of Sir Frede-
rick Bruce, the third of his name who has been
cut off, within the last five years, high in place
and vet at an age little past the prime of life.
His connection with China is so recent, the
period during which he was minister so excep-
tionally remarkable, that something more than
an ordinary notice of the man and his career
seems called for, and we can but regret that our
limits and resources enable us to do so much
less than the occasion demands. Like most
if not...”
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“...164
SUPREME COURT & CONSULAR GAZETTE.
November 2nd 1867
them is to carry for hire and to use care, neg-
lecting none of the usual precautions to ensure
a safe delivery of the article which is the sub-
ject matter of the contract. One portion and a
most important portion of the consideration for
the payment of freight is safe stowing and car-
rying and therefore to insert at the eleventh
hour a condition of non-responsibility against the
consignees, for bad stowage and unsafe convey-
ance would be unreasonable and unjust.
Another point raised by the defence was that
the damage was caused by insufficient packing;
but the answer to this is evidently—if the in-
efficiency of the package is evident now, it must
have been evident when it was received, for ac-
eording to the defendant’s admission the out-
ward package is just as it was received. It was
therefore the evident duty of the defendant to
refuse to carry it. If the defect is patent now
and no change has taken place, it must have
been...”
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“...November 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
165
would be able to pay on the 6th or 7 th. Plaintiff con-
sented to wait till that time.
Order made accordingly ; costs $3 against Defendant.
October 26th, 1867.
Geo. Smith, v. Capt. Stewart.
This was a claim for Tls. 31.50 for wines supplied.
The Defendant did not appear. He is Pilot on board
the Cosmopolite (Japanese Steamer) and the summons
had been left by the usher with the Japanese Captain
of the ship who said he would deliver it. Order
granted for payment with costs $3.
H. R. M. SUPREME COURT. — POLICE CASES.
October 2\st, 1867-
Before R, A. Mo Wat, Esq.
Finlay McKay, inmate of the Sailors’ Home, was
charged with being drunk and incapable in the Hong-
que Road, and going into a Chinese Washerman’s shop,
from which he extracted three pieces of clothing. The
prisoner remembered nothing whatever of the affair.
Fined $3 or ten day’s imprisonment.
John Miller convicted of being drunk and assault-
ing a police constable in the discharge...”
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“...166
SUPREME COURT & CONSULAR GAZETTE.
November 2nd 186?.
Uompradore of Blain, Tate & Co. to ask if other sugars
had stones, &c. in the bags. On being informed that
such was the custom, and that the tare allowed was
to cover loss sustained by such custom, he allowed the
sugars to proceed to Japan, warning his agents there
that there was a lot of rubbish in the bags and that
they had better be examined. Clearly the maxim of
cavest empfor applies here. I have seen no evidence
whatever that on the arrival of the sugars in Japan
the Japanese purchaser refused to take delivery. It is
so stated, but there is no evidence. Blain, Tate & Co.’s
Compradore who had sugars in Yokohama at the same
time lost 3^ by fall of market. I think there is a pro-
bability that the Japanese declined taking delivery on
account of the fall in value and not on account of the
false packing. I may state that I have for my own
satisfaction examined at different places many bags of
sugar, and have in the third rates notably...”
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“...November 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
167
Mr. Dickenson then read the Treasurer’s Report.
25th October, 1867.
The Church Revenue for the current year, to date, has
amounted to Tls. 3,763.4.4. The Expenditure during the
same period has been Tls. 2,933.7.3, leaving a Balance of
Tls. 829.7.1 still on hand. If from this, however, we de-
duct Tls. 600 due to the Revd. Chaplain for the Quarter
ending 30th September last, we have but a balance of Tls.
229.7.1 to meet the Chaplaincy and Incidental expenses
for the remainder of the year, which may be estimated at
about Tls. 1,000. There will, therefore, be a deficiency of
some Tls. 800, confirming the experience of former years,
that the Church Revenue is inadequate to meet the annual
expediture.
Building Fund.—On the 1st Jan., 1867? there was found
a credit balance of Tls. 19,955.0.8.—Receipts subsequently
have amounted to Tls. 2,677.9.2, which include the sum of
Tls. 1,346.6.3, proceeds of the Bazaar, (after deducting ad-
vances...”
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“...168
SUPREME COURT & CONSULAR GAZETTE.
jVouezn&e?* 2nd 1867-
The Chairman said that no lease would he made
without legal advice being obtained and such terms
being embodied into the document as would secure
the ground bring used in accordance with its character.
Mr. Lawrance continued further to criticise the
proposed lease, observing that the option of 5 years
renewal (after 10) was inadvisable ; and enquiring
whether Tls. 1,200 per annum were an adequate sum.
The Chairman said he thought the offer was not a
bad one. It was not likely if such were the case that
the Trustees would have entertained it.
Mr. Mechie stated the Trustees would be happy to
accept a better if any one would make it.
Mr. Oliphant enquired whether the old Church would
remain on the ground leased, and being informed it
would be objected that it might be turned into a Dis-
senting—perhaps a Mormon Chapel. He thought that
the ground should be applied to the use of the Church
of England and no other denomination.
The Chairman...”
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“...November 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
169:
rialists deem it advisable to submit to your Excellen-
cy a general statement of their views with regard to
the working of the present ' reaty.
Although, like most Instruments of the kind, the
Treaty of Tientsin is not without its defects, experi-
ence has shown that in the main it is suited to the ob-
jects for which it was designed, and that its terms pro-
perly adhered to are sufficient to secure the progress of
foreign trade, and bring producers and consumers into
direct contact with one another
The conditions under which it was contemplated
that this end would be attained were that the satis-
factory and faithful carrying out of the various provi-
sions of the Treaty should be secured by the direct
supervision of diplomatic agents accredited to the cap-
ital, who would be able to put in force an active vigi-
lant and firm policy with regard to such questions as
might from time to time arise. This scheme events
have proved to...”
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“...170
SUPREME COURT & CONSULAR GAZETTE.
November %nd 1867.
Excellency on your recent visit to Hankow for enquiry
has been productive of no satisfactory "results to the
present day.
The Nanzing Duties consisted of certain taxes, which
were levied in June 1861. under the name of war dues,
chiefly at Nanzing, and upon Silk. The charge at first
was Tls. 5 per bale, but was subsequently raised to
Tls. 10. This levy was made through the whole of
the Season 1861-2. Upon Teas similar illegal taxes
were levied. Various claims sent in to H. B. M. Con-
sulate were recognised ; and it was stated that the re-
fund would have to be made in Ningpo Drawbacks,
but, though frequent application has been made, no-
thing has up to the present time been obtained.
The large losses of Messrs. Hogg, Bros., arising from
transactions in Salt under Chinese Government super-
vision have been a fruitful source of correspondence
for upwards of two years, and, though admitted by
your Excellency to be a just claim, yet to...”
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“...yorernber 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
171
Summary of Defects.
The above are the main points in which the working
of the Treaty has been found defective ; and your
memorialists trust that your Excellency will be pleas-
ed to direct the attention of Her Majesty’s Govern-
ment to their consideration. The matters requiring
revision may be briefly classed under three headings :
first, those of a purely political nature; secondly, those
of an administrative nature ; and finally, those of a
judicial nature. Under the first category, stand the
questions of residence in the interior ; under the se-
cond, those of Transit exactions, and the application
of the Tonnage Dues to the erection of Light Houses
&c.; and under the last, stands the important matter
of making provision for the administration of justice in
disputes both as to Customs’ confiscations, and also as
to contracts and mercantile engagements between for-
eigners and Chinese.
Suggestions of the Chamber.
Upon these various...”
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“...172
SUPREME COURT & CONSULAR GAZETTE.
November 2nd 1867
ding in foreign goods on account of their so trading,
should be considered as a gross disregard of Treaty ob-
ligations on the part of the Chinese authorities/ and
the occasion of an urgent claim upon the Government.
Tra/nsit Dues.
In respect to Transit Dues, your memorialists are
strongly in favour of the system which provides for a
commutation of inland dues upon Imports and Ex-
ports ; and upon careful consideration, are of opinion
that a great advantage would be gained by making the
Transit Duty of 2| per cent, as leviable by Treaty,
ayable at the market in which Export produce is
ought or Imports sold, in place of paying it as at
present, into the foreign Customs. It is naturally a
source of vexation to the local authorities that dues
which, according to custom, formerly come into their
own coffers, should be now paid to the Provincial Ex-
chequer subject to Imperial control ; and it is also to
be remembered that to a certain...”
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“...November 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
173
Thus, in the opinion of your memorialists, it is es-
sential to the proper conduct of trade that a more
stringent interpretation than that hitherto adopted,
should be put upon clause XVII of the Tientsin Trade.
It cannot be reasonably expected that the Chinese
will abandon the right to be parties to all judicial pro-
ceedings in which native interests are involved. Even
if they could be induced to do so, the necessity of cal-
ling upon them to enforce the decisions of the Consuls
would call for their co-operation.
But it appears evident from the reading of the Treaty,
that a joint tribunal, basing its decisions upon the
broad principles of justice, was in contemplation when
the Instrument was framed, and not a Court, which,
being guided by so called Chinese law, leaves the de-
cision entirely with the Chinese magistrate, does not
afford scope for the exercise on the part of the foreign
assessor, of that authoritative action by which...”
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“...174
SUPREME COURT & CONSULAR GAZETTE
November 2nd 1867.
it would appear that the Treaty of Tientsin is in the
main fitted to the object for which it was designed, if
carried to its legitimate conclusions, that is, to conclu-
sions in accordance with the spirit in which it was
framed, and the principles upon which it is based; and
any revision sought for should be directed not so much
to the acquisition of new privileges as to a confirma-
tion and extension of those already granted. As the
Treaty has been interpreted, the slightest infraction of
its provisions on the part of foreigners is immediately
punished by the power and authority of the Govern-
ment to which the offender belongs, but demands a-
gainst the Chinese Government for the redress of in -
juries sustained by foreigners appear to be regarded
rather with reference to political than judicial conside-
rations, the maintenance of the dignity and prestige of
the Chinese Government seeming to weigh more with
the foreign authorities...”
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“...November 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
175
clause to confirm the right should be embodied in the
Treaty.
Articles Imported for Foreign use only, Stores <£c.
•-—It is obviously the intention of Rule 2 of the (Jus-
toms’ Tariff to exempt from duty all articles imported
for the sole use of foreigners, but latterly duties have
been levied on articles which, though not specially
mentioned, appear to be entitled to the privilege by
the spirit of the R ule.
Your memorialists trust that your Excellency will
seek to obtain a general exemption from duty for all
articles specially imported for foreign use ; and may
urge in support of their claim the excessive cost of
living at the Treaty ports ; while the enormous duties
derived by the Chinese Government from foreign trade
may fairly be used as an argument for the continuance
of the privilege.
GEORGE TYSON.
JAMES HOGG.
ROBT. I. FEARON.
W. J. BRYANS.
EGBERT IVESON.
Wm. PROBST.
M. S. GUBBAY.
F. BORNTRAEGER.
E. F. DUNCANSON.
ALEX. TURING...”
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“...176
SUPREME COURT & CONSULAR GAZETTE.
L/or ember 2nd 1867*
to widen the slight breach in the barrier of monopoly which
has been wrought. Some idea of the oppressive nature of
the present system of taxation may be formed from the
fact that salt, costing 24 cash per catty on the banks of
the Hangchow river, cost 50 to 60 cash by te time it reachs
Fychow—or somewhere about £20 sterling per ton. Of
course these enormous duties lead to smuggling, on every
available opportunity. But the theory exemplified in the
penny post—that low duties, by promoting consumption,
raise an equal revenue with higher taxes which check it—
is of so recent date that we cannot be surprised if the
Chinese refuse implicit credence in its truth. We can
only hope to insert the thin end of the wedge, and leave
experience to undermine still further the prohibitive policy
of which we have now recognised the fallacy. A greater
boon than the introduction of foreign salt could hardly be
conferred on the Chinese, seeing how...”
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“...November 2nd 1867.
SUPREME COURT & CONSULAR GAZETTE.
177
The following are the results—First Day—Men of
War’s Boats, won by U.S, Ashuelot’s galley, Marines
v. Stokers of Adventure won by Stoke] s; Malwa Cup,
by Berwick Walls; Junior Sculls by Maitland; Griffin’s
Race by Ashley’s boat (white) Sampan Race by J. H.
Scott. Second Day—Men of War, won by U.S,S. A.$-
huelot's galley; Captain’s Plate by the White Cross;Mer-
chant’s Plate by Tong Fboboat; Banker’s Cup by Lowe;
Broker's Cup by Au Revoir. Some scratch races con-
cluded the day’s sport. A Canoe Race to come off
“over land and water” missed fire through an acci-
dent. The Chinese Coolie had been instructed to take
away flags which marked the course so soon as the
race was over, and as it happened than a “scratch”
race between the English Bows and Strokes was put
on before the Canoe Race was to come off, the coolie
with that absence of thought which characterises his
species, took off the flags at once without stopping to
consider whether...”
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“...378
SUPREME COURT & CONSULAR GAZETTE.
November 2nd 1867.
Tientsin-.—A Correspondent cf the North China
Daily News points to the arrival of the Our Queen
direct from Liverpool as an era in the trade of the
port; which fact, combined with the recent establish-
ment of a branch of the Comptoir d’ Escompte, he con-
siders augurs well for the port getting into direct
trading relations with England and America, in
lieu of being suppled only from the Shanghai
Market. He states “ The only additional changes
to be added to the direct shipment, will be cost of
the remittance of the proceeds, amounting to } per
cent; on the other hand, we can place to its advant-
age, the profit arising from the purer sycee, in com-
parision with Shanghai sycee, equal to 2| per cent to 3
per cent. Consequently the facts produced in favour
of the direct trade to this from England, over a trade
to this via Shangaai, are so glaring and forcible to ad-
vantage of the direct trade, that I deem it quite un-
necssary to...”
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“...SUPREME COURT & CONSULAR GAZETTE.
PUBLIC AUCTION.
DERELICT BARQUE SIAM.
WHEELOCK & MELLER have received
instructions from the Vice-Admiralty
Court (through the Receiver) to sell by Public
Auction
Tim Derelict Barque
“ SIAM,”
as she now lies between Messrs. Gibb, Living-
ston & Co.’s and Messrs. Dow & Co.’s Godowns,
Hongque, together with her STORES, SAILS
&c., &c.
The Sale will take place at the office of the
undersigned on Wednesday, the 6 th day of
November; at 2 o’clock p.m.
The Barque has a carrying capacity of 525
Tons or 7,500 Piculs; she was built in 1864, and
is coppered.
The Stores, Sails, &c., Ac., which are very
complete, will be submitted separately. i
Further particulars can be obtained from the
Auctioneers.
The Inventory will be in hand shortly.
Shanghai, 28th October, 1867.
AUSTRALIAN COAL.
NEWCASTLE WALLSEND COAL COMPANY.
Head Office, Sydney; Mines, Wallsend;
Port of Shipment, Newcastle, N.S. IE.
ZN the Admiralty Report on Aiistralian Coal, printed
by order of the House...”
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