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“...................... 252
Commercial Summary,........................... 252
I Shipping, Quotations, Ac., Ac.............. 253
NOTIFICATIONS
H. B. M. Supreme Court,
H. B M. Supreme Court.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN.
THE BANKRUPTCY ACT, 1861.
Shanghai, 13£// 1867.
WHEREAS a petition for the adjudication of
Bankruptcy, was on the 12z*A day of December
1867, filed in Her Britannic Majesty’s Supreme Court
for China and Japan at Shanghai, by Charles William
Mathew Hudson, under which he has been adjudged
Bankrupt.
The said Charles William Mathew Hudson is here-
by required to surrender himself lo Charles Wycliffe
Goodwin, Esq., Registrar in Bankruptcy, at the first
meeting of Creditors, to be held before the said Registrar
on the Qth day of January 1868, at 11 o’clock in the fore- j
noon precisely, at the Supreme Court aforesaid, and also '
to the Court at the public sitting to be appointed by the
Court for the said Bankrupt to pass his last examina-
tion, of...”
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“...SUPREME COURT & CONSULAR GAZETTE.
H. B M. Supreme Court-
PUBLIC AUCTION.
on tlie 28ZA day of August 1866, will be held be-
fore Charles Wycliffe Goodwin, Esquire, Assist-
ant Judge of II. B. M.’s Supreme Court for China
and Japan at the Supreme Court aforesaid, on
Saturday the AAth day of December 1867, at 11 o’clock
in the forenoon precisely, when the creditors’ Assignee
will submit a statement of the whole estate of the
bankrupts as then ascertained, of the property received
and of the property outstanding, specifying the cause
of its being outstanding, and of all the receipts and
of all the payments thereon made, and any creditor
who has proved may attend and examine such state-
ment and compare the receipts with the payments.
And the meeting will declare by resolution whether
and what part of the said produce of the estate (after
making reasonable deductions for future contingencies)
shall be divided amongst the creditors ; and the credi-
tors who have not already proved their debts...”
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“...December 11/Zt 1 #67.
SUPREME COURT & CONSULAR GAZETTE.
235
It is requested that only such communications as relate to
Editorial matters bcaiddrcsscd to the Editor, arid 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 thewriter.
Supreme fort anb Consular (ifette
Shanghai, December 14tii, 1867.
A point of very considerable interest to mer-
cantile men came under notice in the case of
Jardine, Matheson & Co. versus the Master of
the Strathmore, recently heard in the Summary
division of the Supreme Court. Divested of
collateral circumstances and special considera-
tions, the question at issue was whether an
agent for a ship could claim commission upon
a charter of the vessel which he had not actual-
ly concluded, but towards the settlement of
which he had assisted, if the charter was made
prior to any revocation of his authority to act
as agent. Upon the broad and incontestible...”
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“...236
SUPREME COURT & CONSULAR GAZETTE.
December 14^ 1867.
a charter ultimately concluded lias been in a de-
gree brought about either directly or indirectly
—and the presumption ought perhaps to be in
favour of this conclusion in the absence of proof
to the contrary—as it is not to be supposed that
in acting as agent in an ordinary way, no service
is done towards placing the ship on the market—
then we are disposed to believe that the same
principle as laid down with regard to brokers
would apply, and that a claim for the cus-
tomary commisson would hold good, at all events
in cases where 'the agency had not been pre-
viously revoked, and possibly even if that re-
vocation had not been made such a time before
the contract was concluded as to give grounds
to believe that the general actions of the agent
could not have affected it.
REVIEW.
Ancestral Worship and Fung-shuy, by Rev. M. T.
Yates. Bead at the Missionary Quarterly Meet-
ing, Shanghai, September 16th, 1867 : fcp. 8vo.,
pp. 25.
What...”
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“...December \Ath 1867.
SUPREME COURT & CONSULAR GAZETTE.
2S7
They believe that the ancestors who are neglected by
their relatives, as well as those whose families are ex-
tinct, are consigned to a state of beggary and, in order ,
to find a modicum of comfort, are forced to take a
position with the multitudes who die at sea, in war,
or in foreign lands—who, in consequence of their buri-
al places not being known, are entirely dependent upon
public charity. It is the presentation of offerings to
these that 1 denominate the worship of the dead, by
Way of distinguishing this class from those whose
graves are known and who have relatives to sacrifice
to them. It is supposed that these neglected spirits
in attempting to avenge themselves, prey upon those
in the world of light, who are in no way responsible
for their forlorn condition. Hence the Chinese believe
that nearly all the sickness and other ills to which
flesh is heir, are inflicted by these unfortunate spir-
its, or by the ancestors of...”
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“...238
SUPREME COURT & CONSULAR GAZETTE.
December l&tfi 1867.
placed in the wrong spot n.ear the summit of
Hanyang liill; such are some of the absurdi-
ties to which an otherwise astute nation is
driven.
When the Athenians,, stung'by the reproaches
of Socrates, “ best and wisest of men,” deter-
mined to rid themselves of this reformer, a pre-
fect was readily found; the old charge of impie-
ty was one that could be easily made and with
difficulty confuted. He who’s prayer was only
this,:—“ that the gods would give to him those
things that were good,” was considered too im-
pious a character to' live amongst the fickle
Athenian population. With the Chinese we
meet with an almost perfect parellel; has a man
rendered himself obnoxious by good actions,
does his property excite the avarice of his neigh-
bours or some powerful official; has, again, a
high officer been too successful for his superiors,
what so easy as a charge of disturbing Feng-
shui ? Some addition to his house,, the erection
of...”
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“...December}^ 1867. SUPREME COURT & CONSULAR GAZETTE.
233
coolie, cook &c. I used -not to go into the cabin. 1
had opportunities of seeing the foreigners when the
cabin door was open. When they got to Wongdoo
they got up (at 12 o’clock at night) and went over to
another boat. It was a large boat. The foreigner
and Buffalo went on hoard. I was at the head of our
boat. They had pistols in their hands, about five in-
ches long. I did not see what they did on board but
saw tliem-bring things out of the bo'at into ours. They
consisted of a bundle ahd a bed cover. 1 did not as-
certain what the bundle contained. The prisoner
stood at the head of the other (the Che Hsien’s) boat.
They handed the things over to me. They were away
on board only a very short time. They remained along-
side only a short time. They got away and went to
Naziang and then Kahding. We wore away altoge-
ther 11 days (from 6th to 17th China days). The
boat was left somewhere down the River. I saw the
foreigners daily from the...”
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“...considered there could be little doubt that the ver-
dict was a correct one, and sentenced him to three
years’ penal servitude.
H. B. M. SUPREME COURT, IN ADMIRALTY.
Before C- W. Goodwin, Esq.
In re the Cutty Sark.
December 6th, 1867.
In this case, which was adjourned from Nov. 19tb,
Mr. Myburgh appeared and produced the copy of Re-
gistry in Hongkong certified to by H. M. Thomsett,
Registrar, and shewing that no mortgage was register-
ed. Peter Orr, Master of the Cutty Sark then in
Ningpo, testified that Scott, who was convicted of fe-
lony at Singapore is the only registered owner ; and
that he (witness) knew Mr. Knox as H. B. M. Consul
at Bangkok, and an order was granted that the Plain-
tiff, attorney for Mr. Knox, be put in possession of the
ship. The ship’s papers to be sent back to the Consul
at Ningpo together with the order.
II. B M. SUPREME COURT, SUMMARY CASES.
December 10th, 1S67.
Before R. A. Mow at, Esq.
Jardine, Matheson & Co. v. John Burke, Master
of the British Barque ...”
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“...December 1867.
SUPREME COURT & CONSULAR GAZETTE.
241
of consignees. After discharging the inward cargo
they propose to him one or two charters on the coast
which they could obtain for the ship, but all of which
lie is obliged to refuse. One, in particular, to Amoy,
is declined by him as late as the 22nd of November,
and nothing is left for the Plaintiffs but to clear the
ship for that port in ballast, which they do next day.
It appears, however, that at the very last moment,
when the Defendant goes on board, and the ship is ab-
solutely on the ’point of starting, he is informed by
the pilot who was waiting to take her to sea, that a
Chinaman had been on board offering an advantageous
charter, and he then, having in the mean time succeed-
ed in removing the obstacle that was in the way of his
accepting charters, returns on shore at once and con-
cludes the bargain. The amount of the charter-party
thus concluded, and which, though the Defendant does
not seem to have known it at the time of...”
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“...242
SUPREME COURT & CONSULAR GAZETTE.
December I4'h ISO?
Paul Merry, was lined $2 or one week’s imprison-
ment for being drunk and incapable.
December 10th, 1867.
Andrew Gallagher, was charged by the Master of
the Dragon, with refusal of duty and using abusing
language to the Mate of tlio ship, The offences being
proven, the prisoner was sentenced to one month’s im-
prisonment with hard labour.
A. Campbell, was charged with taking'and selling
the prosecutor’s property.
Po-Liang-hui.—I trade in stone ballast. Campbell is
my partner. He sold all my furniture without con-
sulting me. It was partly ship furniture, and partly
my own private furniture. It was all stowed in the
shop. There "was some clothing also. Altogether it
-was to the value of $200 or $300. My shop is in Hong-
que. I last saw these things on Saturday week. I
had gone to my shop and found it shut, but on looking
through the window, I saw that the things were there.
About 15 days ago Campbell had been applied to for
rent by...”
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“...December 14/Zt 1867.
SUPREME COURT & CONSULAR GAZETTE.
245
List of claims, proved and admitted, in the Bankrupt
Estate of Hay & Co, at Chinkiang, to the 10th of De-
cember, 1867.
Hall ami Holtz, ............... Sh. Tls. 105.23
Farr & Co.................... $ 37.37
Mackenzie & Co..........., ... $ 21.76
A, H. de Carvalho,....... ... Sli. Tls, 23.00
J, Llewellyn & Co. .... .... ... $ 20.00
Jas. Cunningham ............. Ch. Tls. 878.31
A. Ilbert, ..................Sh. Tls. 737.61
Latimer, Little & Co........... „ 300.30
Nicliol, Latimer & Co........ ,, 1,171.92
d. Harvey,................... ,, ’ 140.70
•Smith, Kennedy & Co.’s Estate... „ 5,994.48
Trautmann&Co.................Hkow. Tls. 457.16
E. L. Pater’s Estate,.......... $ 37.50
H. Fogg & Co................. Sh. Tls. 70.11
A. W. Soutar, ...............Ch. Tls. 23.50
Watson & Co. ................ $ 37.75
L. Vrard, ................... $ 22.00
North China Insurance Co. .. Ch. Tls. 120.25
North China Daily News,....... Sh. Tls. 22.50
EDW. DUFFIELD...”
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“...244
SUPREME COURT & CONSULAR GAZETTE.
December A4tK 1867.
The Chairman said that one of the most ex-
traordinary circumstances connected with China
was that so great an Empire, and one so largely
engaged in commercial operations should be ac-
tually without a currency. Though aided to a cer-
tain extent by sycee and gold, it was nevertheless
the fact that all trading transactions are founded
on the value of copper cash. Whether the great
staples of production were paid for in dollars, as
in the case of silk, or in sycee, it is nevertheless
the fact that the purchase money was arranged in
copper cash and was afterwards calculated in
silver at the ruling rate of the day. He could not
say what were the present prospects of any change
for the better, looking at the slow steps which had
been made in the introduction of the new system
in the Colony of Hongkong. He had still no doubt
that it would be an advantage if the Chinese Go-
vernment became alive to the benefits to be derived
from an e...”
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“...December \A.th. 1857.
SUPREME COURT & CONSULAR GAZETTE.
245
ncss, death and decline. Me, however, adopted
from the Brahmins the doctrine of transmigration,
which is defined as the change from any concei-
vable substance, animate or inanimate or from any
conceivable form or state to any other. This
change may be from man to beast or stone or tree
or flower or anything the most pure or the most
vile. The doctrine involves some strange dogmas;
the most striking being that birth and life are both
evils ; and that birth is the effect of prior exist-
ence, that it is followed by old age and death ;
which is succeeded after some intermediate stages
by re-birth in one form or another ; this succession
continuing to eternity.
Finding this the accepted doctrine, Cakyamouni
was filled with a desire to deliver the human race
from this endless round of misery, and the result
of this was the Buddhist system of religion. He
became convinced that the way which led out of
1he evils of life, and especially...”
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“...246
SUPREME COURT & CONSULAR GAZETTE.
December \±th 1867
places, and lias become overladen with many met-
aphysical questions. The subject offered so vast
a field for discussion that the speaker felt incapa-
ble of entering into it to any depth. He had to
thank the Chairman for the opportunity that had
been given to the gentlemen present to speak, and
he trusted that Mr. Goodwin would favour the
meeting with a few words.
Mr. Goodwin said that he had come with the
sole idea of learning, not with any thought that he
could add anything to the information of the
learned and experienced gentlemen who composed
the meeting. His own views upon the subject
were very general and he was much indebted to
those who had already spoken. He alluded to the
analogy noticed by the Rev. Mr. Yates as existing
between Buddhism and the Christian Religion and
to the fact that there was unquestionable evidence
of a great “blossoming” of the human intellect
having taken place about 100 years before the
time of Confucius...”
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“...December ]Ath 186?. SUPREME COURT & CONSULAR GAZETTE*
been made in perfect good faith ; that it was in
consequence of its existence that a Loan on De-
benture had been made to the Company, and that
there could be only one opinion as to the liability
of the Municipality under the contract.
Mr. Baron observed that he considered the 8
per cent guarantee had been duly voted already at
the meeting of May 1st.
The Chairman.—There was no question of the
validity of the contract. This the Council ad-
mitted. They came forward only for authority to
pay the first sum of Tls. 2,400 now due. The con-
tract had been relied upon not only by the present
but by all previous Councils.
Mr. Brecheux wished to know whether the
contract was to continue supposing the Gas Com-
pany failed, and whether the Council would have
any control as to the supply of the gas.
The Chairman said the payment of 8 per cent
would not of course be made if there were no gas.
As to the control of the supply that was a matter
which...”
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“...248
SUPREME COURT & CONSULAR G AZETTE.
December \4th 1SG7.
$22,601.22 to Suspense Account to meet unsettled claims
put forward, and writing off $1,856 04 from Prelimina-
ry Expenses, there remains a balance to the credit of
Profit and Loss Account, in respect of transactions al-
ready closed, of $ 110,000, and the Committee recom-
mend that this sum be declared available for distribu-
tion as profits of the Company for the year.—The ap-
portionment of this sum if appropriated as being so
distributable, will, under the 132nd clause of the Ar-
ticles of Association, be as follows :—the sum of $27,500,
to be carried to the Reserve Fund, and invested
by the Committee :—the sum of $ 27,500 to be divid-
ed pro rata among contributing Shareholders, and
the sum of $55,000, or $275 per share to be paid
to Shareholders as General Dividend.—In the absence
of Mr. Deacon and of Mr. Neilson from the Colony,
Mr. George J. Hellaud, and Mr. E. A. Hitchcock have
been selected from the Shareholders as members...”
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“...December ]AtK 1807.
SUPREME COURT & CONSULAR GAZETTE.
240
by retail ; as the sole end immediately aimed at is the
transmission, inexpensive, speedy, and untaxed, save
as may he lawful, of foreign goods to the native con-
sumer, and of produce to the shipping ports. Upon
similar grounds likewise should foreign owned eraft be
strictly prohibited and restrained from sharing in or
interfering with, the purely native Inland Traffic.
The evidence of the past justifies us in affirming that
but a few years’ duration of such a system would bring
about a most noble and gratifying increase of our trade
with this Empire, and open large fields for the exer-
cise of British intelligence and the sound employment
of British capital. We need not dwell upon the ad-
vantages to be also derived from more intimate ac-
quaintance with China and her productions ; these are
self-apparent; but we must not omit to point out that
any extensive resort to the right of residence would
render requisite a greater or lesser...”
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“...250
SUPREME COURT & CONSULAR GAZETTE.
December 14/ A 1867.
of both countries. The Mixed Court, however, has
never gained, and until reorganised never will gain,
the confidence of British subjects. It behoves us,
therefore, to cast about for a remedy ; and this reme-
dy we would hope to find in the complete removal, as
far as can be from time to time expediently effected,
of all legal jurisdiction from under Consular control,
and in the immediate erection and international re-
cognition of a Mixed Court at Shanghai whereof the
Co-Judges should hold well-paid, permanent appoint-
ments, and be Magistrates of such .high rank and status
as that each should command attention and respect,
not only from his own, but from the other’s Govern-
ment as well. It is not for us, as we have in a pre-
vious paragraph hinted, to suggest detail; that is the
province of those to whom shall be entrusted the re-
vision of the Treaty ; but we believe that the object
aimed at would be achieved, were there to the...”
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“...December 14dh 1807.
SUPREME COURT & CONSULAR GAZETTE.
251
NEWS OF THE WEEK.
We have no further European intelligence to note
since our last.
Mr. Anson Burlingame, who we mentioned as hav-
ing been appointed special Ambassador to the Eu-
ropean Courts on behalf of the Chinese Government,
arrived on the 10th inst., on board the U. S. Gunboat
Aschuelot. The party, consisting of Mr. and Mrs. Burlin-
game and daughter together, with Dr. Salter, U.S. Consul
for Hankow and Kiukiang, and Mr. 0. B. Bradford of
the U. S. Consular service, left Pekin on the morning
of the 25th November and proceeded in safety as far
as three miles past Hoo-si-woo, when news was brought
that the Che-mah-tsay, or 'mounted robbers, were in
front. The party, therefore, returned to Hoo-si-woo,
where they took up their quarters at a Chinese inn.
Great consternation prevailed in the neighbounliood,
and reports were brought that the Rebels were within
twelve li, in force from 200 to 500. Relief from Tien-
tsin and Pekin,...”
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“...252
SUPREME COURT & CONSULAR GAZETTE.
December ]Ath 1867.
daily purchases for a considerable length of time that
such a line of conduct has not had other effect than
enabling those who have (to use an expressive word)
been ‘‘ tinkering” for a number of months past, to
reap the advantage arising from the broadness of the
views of those who withheld from purchasing. A li-
beral decline in the market, this fall might have been
reasonably looked for, but this not having come about
before, it was idle to look foi’ it when the Stock was
reduced to one of narrow compass, and it is not diffi-
cult to discover a good reason for the operations of the
past few days.
Green. The purchases of the past week amount to
18,000 | chests, and these shew a hardening market,
and a large proportion of them are for shipment to
America.
Shipping. Vessels are obtaining shew despatch only
at previous current rates.
Silk :—The English Mail took about 800 bales, and
settlements since then amount to about 300 bales...”
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