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“...SUPREME COURT &
SHANGHAI, SATURDAY, 9th NOVEMBER, 1867.
>.45
And Law Reporter for the Supreme & Provincial Courts
VOL. II
CONTENTS.
Page.
Leading Articles.
The Chamber of Commerce Memorial on the
Revision of the Treaty,................ 179
The Rebellion in the North,.............. 180
Cases in H. B. M.’s Supreme Court.
A. Davis & Co. v. Master and Owners ... 181
Regina v. C. T. Jones,................... 181
Summary Cases, .......................... 181
Police Cases ............................ 181
Page,
Cases in Mixed Court.- 182
Report Meeting of Royal Asiatic Society, ... 182
Memorial of the Hongkong General Chamber of
I the Revision of the Treaty of Tientsin, .. 185
News of the Week,......................... 189
Commercial Summary, ....................... 190
Shipping, Quotations &c., &c............... 190
Meteorological Table, &c................... 190
NOTIFICATIONS
H. B M. Supreme Court.
H. B. M.’s SUPREME COURT FOR CHINA
AND JAPAH.
NOTICE.—It is hereby notified that the sittings...”
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“...November §th 1867.
SUPREME COURT & CONSULAR GAZETTE.
179
It is quested 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.
No communications can be noticed unless accompanied by
the name of the writer.
^Hprcwt (Joint anb Consular @a-'ctie
Shanghai, November 9th, 1867.
In the memorial which has been drawn up by
the Shanghai Chamber of Commerce and forward-
ed to H. E. Sir Rutherford Alcock, H. B. M.
Minister Plenipotentiary, we find an epitome of
the various questions which have for a series
of years, occupied the attention of the mercantile
classes in China. The Chamber do not pretend
to the enunciation of views that can be strictly
regarded as new ; but aim rather at bringing
forward the various subjects which have already
formed the basis of much discussion, at a time
when they may not unreasonably expect that
more than usual attention will be paid...”
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“...IoU
SUPREME COURT & CONSULAR GAZETTE.
November $fh 1867
deals with the European can be appiied to for
taxes as well in the interior as at the ports, and
we question whether, in the absence of an ex-
tension not only of the Inspectorate of Customs
but also of the Consular Establishments, the
residence of Europeans in the country would
not increase rather than diminish the difficulties
■under which our trade now labours. The presence
of foreigners in the interior would call the at-
tention of the officials more definitely than is at
present the case to the nature of the trade which
the Chinese conduct with them ; and hence
heavier imposts would in all probability be laid
upon the native producer or purchaser.
Looking at the question from a commercial
point of view, it must also not be forgotten that
the European could not make his trade in the in-
terior pay, except he conducted it upona some-
what large scale. His expenses would very far
exceed those of the Chinese, and these expenses
would...”
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“...in
this manner. We trust, therefore, that the dif-
ficulties may be overcome without recourse be-
ing had to these means.
H. B. ft. SUPREME COURT.
October 24$A, 1867.
Before R. A. Mowat, Esq. for the Assistant Judge.
A. Davis & Co. v. Master of Vigil.
Claim for Tls. 500, damages.
In this case the Plaintiff claimed Tls. 500, in conse-
quence of breakage to a Billiard Slate Slab. The facts
were similar to those in Davis & Co. v. the Master of
the Invincible. The Defendants relied upon a clause in
the Bill of Lading “not accountable for breakage, leak-
age or rust,” and upon the evidence of their Sur\ eyor.
It being shewn that the slate was broken when deli-
vered from the ship, and that a clean receipt was given
for it when put on board as “in good order.” Judg-
ment was given for Tls. 100, estimated as in the case
of the Invincible, with costs.
H. B. M. SUPREME COURT.
November 8th.
Before R. A. Mowat, Esq.
Regina v. C. T. Jones.
Charge—Embezzlement on the 2n
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“...182
SUPREME COURT & CONSULAR GAZETTE.
November. §th 1867’
14 day’s imprisonment. Hurley was the man allowed
two days to find a ship on the 23rd. He had not yet
round one. He state! that the one he meant to go. in
was going on the coast and he would be back again in
three months and can't keep clear of liquor. He want-
ed to go home. Mr. Kelly was requested to ship him
on the first home going ship, and meantime he was
sent to gaol.
Thos. Benson was charged by Sergt. Benson with
being drunk and disorderly. This was his second
offence. He has gone into a Chinese shop and done so
much damage that the proprietor demanded $2 to
cover it He paid SI and went on and the watchman
warned him. Subsequently he was found on the Bridge.
Hongque, molesting Chinese and upsetting their baskets
of vegetables with a basket that he carried. Fined #4
or 14 days.
November oth.
C. F. Harbour was charged by Abdoo, a seaman
on board the Steamer Namzing, with assault. The
complainant stated that about 15 days ago...”
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“...November 9th 1867.
SUPREME COURT & CONSULAR GAZETTE.
183
traordinary change of the course of Hwangho, nor of
this overflowing of the sea. But when alterations on
the surface of the globe are brought about insensibly,
and without alarming nature, they easily escape the
observations of history, the difference that happens
during the life of one man being not at all perceptible.”
In October 1866, after a long journey through the
central and southern parts of China, BI took passage
from Shanghai for Tientsin, through the kindness of
Messrs. Trautmann & Co. on their good steamer, the
Nanzing. From Tientsin I proceeded to Peking, and
thence to the mountains on the north, and along their
flanks to the Nankow Pass, and on to the coal mines,
a day’s journey southward. And in entire accordance
with Du Halde’s statements and speculations, every-
where over this steppe-like plain of Pechili, evidences
appeared of its recent elevation above the sea, and,
farther, that its true eastern border is not...”
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“...184
SUPREME COURT & CONSULAR GAZETTE.
November §th 1867
All accounts agree that this change is complete, and
that its old bed it now dry ; and this is only another
way of stating as a fact what has just been assumed,
namely, that the river continued in its old channel
until its bed had become as high or higher thau the
surrounding country.
Dr. Martin of Peking informs me it now leaves its
old channel a short distance below Ifung, and passing
northerly near Tsauchan and Pou to Fam (. see Dr.
Williams’s map), it flows in a north easterly direction
to Tungping, and thence to Tsinan for the capital of
Shantung, and down the channel of the Tatsing river to
the Gulf of Pechili. This course is just about at a right
angle with its old one to Hwaingan, and the distance
from its present mouth to where it emptied before into
the Yellow sea is over 380 miles in a straight line and
nearly twice that along the shore. Perhaps no other
river, within historic time, has wandered so frequently
and so far...”
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“...November 9/A 1867.
SUPREME COURT & CONSULAR GAZETTE.
185
but of which the surface was flat and wooded. It
was not above four miles circumference, and was used
like some other islands as a place for confinement for
disgraced noblemen. There being no landing-place, the
boats that bring prisoners or provisions must be hauled
up and let .down by a crane. ”
North of Nipon, on Yesso, terraces line the northern
shores of Tsugar Strait and Volcano Bay, and what has
been described in Corea, is repeated there, but on a far
grander scale. The greatest height to which I have
been able to trace the recent action of the sea is 1,180
feet above the level of the ocean, four miles north of
Hakodadi, and most or all of this’’considerable height, I
believe has been caused by a general and not a local
elevation.
Mr. Michie remarked that if there was any gen-
tleman present in a position to give fuller explana-
tions on the subject of the paper, it would be
interesting to have some account of the special
and...”
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“...186
SUPREME COURT & CONSULAR GAZETTE.
November 9th 1867.
ignorance of the Chinese people of the terms under which
the privilege was granted, and opposition has been offered
in consequence ; though the Convention of Peking express-
ly requires that promulgation of the terms of the Treaty be
made for general information. It is therefore very desir-
rable that, on the revision of the Treaty, special attention
be given to making all its terms known throughout the
Empire.
Article X.—Requires the additional privilege to ply
steamers upon the Poyang Lake The desirability of this
extension is expressed in the report of H. M.’s Consul at
Kewkiang (Commercial Reports, 1862-64), and again has
been brought before the notice of H. M.’s Minister by re-
sidents at that port, on the occasion of his recent visit. At
the time the article was framed, the presence on the Yang-
tsze River of lawless persons of various nationalities, and
occupation of districts bordering on the Lake by Rebels,
justified in some...”
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“...November Qlk 186?.
SUPREME COUET & CONSULAR GAZETTE.
18?
The Treaty of Tientsin having been based on an er-ntx
course of reciprocity, this Chamber contends that H. M.’s
Government has fair claim to very full consideration, and
has strong grounds on which to frame request for alter-
ations in the existing Tariff. Believing that this view of
the position of affairs will be generally accepted, the
Chamber advocates that on the revision of the Treaty all
Textile Fabrics and Metals be henceforth admitted at one
half the rates chargeable under the existing Tariff, that is,
reducing the charge originally computed at about (5 %),
five per cent ad valorem to (2^%), two and a half per cent,
And further, in view of the probability that a decline in
the value of Cotton during the next few years will render
the rates of the existing Tariff a charge of more than 5
per cent upon the value of Cotton Manufactures, your
Memorialists trust that the proposed concession will re-
ceive Your Grace’s favorable...”
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“...188
SUPREME COURT & CONSULAR UaZETTE'.
November §th 1867.
received in payment of Duties with a premium of Six per
cent. (6) ; this percentage has of late been raised to Ten,
thus adding Four per cent, to the Duties which were levied
a short time ago. Should this suggestion of the Chamber
meet with Your Grace’s approval, and the Chinese Govern-
ment be induced to accept at the Southern Ports (Canton,
Swatow, Amoy, and Foochow) Dollars in payment of
Duties on the same terms as they are received in general
commercial transactions, not only would it be a great con-
venience to trade, but it might be the means of introducing
largely into Chinese the Dollars coined at the Hongkong
Royal Mint, and thus greatly benefit this Colony. Some
years ago an arbitrary distinction was made by the Chi-
nese between Carolus and Mexican Dollars, the latter be-
ing refused except at a discount of Twelve (12) to Fifteen
(15) per cent. ; a difference done away with by an edict
promulgated at the instance of the...”
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“...Sung-kiang, by the Che-Hsieifs runners. The Fantai
came to this place to investigate the matter and acord-
ing to custom, the Che-Hsien of Kahding came down to
pay his devoirs. During his absence, his house was
entered by some foreigners and his valuables and
clothes abstracted.
A rule nisi has been obtained by the Counsel for the
Creditors of Mackellar & Co., calling upon the Bank-
rupts to shew cause why the order of discharge granted
by the Consul should not be cancelled, and the ap-
peal to the Supreme Court granted.
The following passengers have arrived during the
week : per Ganges from Yokohama, for Marseil-
les, Messrs. Berlandier, Nicolas, Vashale, A. Camp-
bell, and A. Pellet ; tor Hongkong, H, E. de Rooden-
beck and servant, Captains Carey. R.A., Hodson, R. A.
Sergeant Berry, Private Barnard, Messrs. Abendroth,
and servant, Case, Deschanel, and 13 Chinese; for
Shanghai, Messrs. J.D. Campbell, J. Taylor, Tyur-
hellen, Marr, Cumine, Addy man, Bromley, 2 Euro-
peans deck passengers and 2...”
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“...190
SUPREME COURT & CONSULAR GAZETTE.
November Qtli 1867.
Then we have had the usual fire in the Japanese
town—a most exciting burglary, in which a Chinaman
was nearly done to death with a carving knife—one or
two less noticeable robberies and, we are exceedingly
sorry to say, a fatal case of poisoning. This latter hap-
pened in the stables of an European firm, the victims
being three bettoes (horse boys) who had made their
midday meal from a poisonous description of fish. Un-
happily, circumstances prevented their getting proper
medical assistance early enough, and in spite of all that
could be done for them, two of the men died. Luckily,
the fish is of a variety never seen upon foreigners’ tables.
Nagasaki.—Advices from Nagasaki state that on
Sunday 27th October, the Prussian Corvette Vineta en-
tered Spec Straits at 3 p.m., all sail furled in a strong
gale. After having passed the rocks at the entrance,
she struck a rock 17 ft. under water, a heavy sea Tun-
ing at the time. The ship...”
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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. IF.
IN the Admiralty Report on Australian Coal, printed
by order of the House of Commons in June 1862,
this Company’s Coal 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.
H. M. Ships on 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. S. Hero, and Captain McMeekan of the
/S'. S'. S. Omeo are at foot. The sales of this Com-
pany’s Coal in 1866 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 174 feet (the Coal being put on board as fast
as the ship can take...”
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