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“...And Law Reporter for the Supreme &. Provincial Courts of China & Japan
Vol. Ill SHANGHAI, SATURDAY, 18th JANUARY, 1868. No. 55
CONTENTS.
Page.
Leading Articles.
Rebellions in China and their effect..... 21
The Buddhist Religion, ......................22
Cases in H. B. M.’s Supreme Court.
In Bankruptcy : In re Dent & Co.......... 23
In Bankruptcy: In re C. T. Jones,........ 23
In Bankruptcy : In re Smith, Kennedy & Co... 23
In Bankruptcy : In re E. Warden........... 23
Summary Cases, ........................... 24
Police Cases,............................. 24
Cases in H. B. M.’s Provincial Court, Tientsin.
In Bankruptcy ; In re J. A. T. MeadowS,..... 24
NOTIFICATIONS
H. B M. Supreme Court.
HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN.
IN THE COURT OF VICE ADMIRALTY.
. In the matter of the British barque Alcyone.
Shanghai, 17th January. 1868.
WHEREAS a cause of damage has been instituted
in the Court of Vice Admiralty at Shanghai on
behalf of James Gladstone, master of the British...”
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“...January 18£A 1868.
SUPREME COURT & CONSULAR GAZETTE.
21
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
No communications can be noticed unless accompanied by
he name of thewriter.
Supreme ®uurt auh ®oiwulur feetie
Shanghai, January 18th, 1868.
The extent of the mortality caused by the
Taiping Rebellion has been a favourite subject
of discussion in China, but the estimates which
have been made have necessarily varied very
considerably in amount, and the upshot of most
of the calculations has been little more than
what has been long known, namely that dur-
ing the Rebellion a very large number of people
lost their lives. An idea however, of the evil
which resulted from this terrible visitation
cannot be formed without taking into account
not only the deaths which were caused directly,
but those also which were brought about by
poverty...”
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“...22
SUPREME COURT & CONSULAR GAZETTE.
January l§ik 1853
acquaintance with Chinese affairs, militate great-
ly against the chance of order being ever esta-
blished by the Imperial Government. If un-
disturbed by external causes, they may continue
for a series of years to keep the country intact
under a system of government such as at present
exists—but it is beyond hope that they will
be able to do more, or that it will be in their
power to effect such sweeping reforms as are
necessary to do away with the present corrup-
tion. They may put down rebellion in one
part of the Empire, but long ’ere that portion of
the country has recovered from its effects another
disturbance breaks out which they find it equal-
ly difficult to overcome.
While foreign nations do not feel it their duty
to interfere in the internal affairs of China, they
cannot but be sensible of [the drawback which
the disturbed state of the Empire is to the pro-
gress of their commercial interests, as well as to
the happiness^of...”
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“...the lay-
man who is content to lead a life not entirely
cut off from this world, but guided by a general
reference to the standard only attainable by the
saint or devotee ? Until we have some mate-
rials of this kind we cannot fairly judge of the
religion or its effects.
II. B. M. SUPREME COURT, IN BANKRUPTCY.
January 13th 1868.
In re Dent & Co.
(Adjourned Meeting.)
Mr. Winchester, as Trustee for the Lowder Fund,
claimed Tls. 443.75—admitted.
The Official Assignee produced claim of Richard
Shuad, duly sworn for Tls. 4,146.35—admitted.
Mr. Mitchell, who appeared for the Bankrupts,
applied for a further adjournment for six weeks. The
meeting was accordingly adjourned to the 24th Feby.
at 11 o’clock.
H. B. M. SUPREME COURT, IN BANKRUPTCY.
January, 111th 1S68.
Before Sir Edmund Hornby.
In re C. Treasure Jones.
Meeting for Bankrupt to pass his last examination
and make application for his order of discharge, ad-
journed from 21st December 1867. Accounts filed 6th
January 1868.
Mr. Winchester, H...”
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“...24
SUPREME COURT & CONSULAR GAZETTE.
January \Stli 1868
H. B. M. SUPREME COURT, SUMMARY CASE.
Before R. A. Mowat, Esq.
January 13^A, 1867.
J. S. Baron v. A. R, Ttlby & Co.
In thia case the Plaintiff claimed the sum of $82.50
brokerage on a charter effected on the ship Helen.
From the evidence it appeared that the Captain of the
vessel, in consequence of a note sent to him by the
the plaintiff, stating that he thought he could get him
a charter, came to plaintiff’s office and requested him
to endeavour to do so ; that the plaintiff had obtained
an offer from a Chinaman of $1,100 per month, which
he reported to the Captain, who said he must consult
Mr. Tilby, the Agent of the ship ; that he subsequently
received a note from that gentlemen stating ‘ ‘ I shall
be glad to know what you have to offer in the way of
monthly employment for the Helen J that he called
upon Tilby and in the presence of the Captain told
him he could get $1,100 per month, which was refused
as insufficient, and a note...”
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“...i
January \Sth 1868. SUPREME COURT & CONSULAR GAZETTE.___________________25
MIXED COURT.
January lQth, 1868.
Before C-ELU^,IJai-fany-ting and W. G-. Stronach, Esq.
Brad well, Bloor & Co. v. Tien Lai-Tung.
In this case Plaintiffs sued Defendant, who is the
guarantor of their shroff, for the sum of Tls. 1,378, loss
sustained in consequenc of the latter’s absconding.
The liability was acknowledged with the exception of
Tls. 329 which Defendant alleged was due on a trad-
ing account. This the Defendants’ representative de-
nied ; and the Court desiring further evidence on the
point, adjourned the case. Defendant expressed his
willingness to pay the amount for which he admitted
himself liable, within three days.
Watson & Co. v. Cum Sing.
This was a claim for $36.19 for goods supplied. The
debt was admitted, but the Chinaman who appeared stat-
ed that Cumsing himself had run away to Foochow, and
that the shop being indebted to Blum Bros. & Co.,
they .had, without obtaining judgment or warrant...”
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“...26
SUPREME COURT & CONSULAR GAZETTE.
January 18'A 1868.
my duty to point to the inadvisability of parting
too readily with a source of revenue.
Mr. Hogg, considered that great injustice was
done by levying the taxes upon the assessment as
it now stood. Two houses side by side in some
instances were assessed so that one paid 100 per
cent more taxes than the other. He could not be-
lieve that when this system was brought to the
cognisance of the land renters it would be for a
moment supported. If it were it would be impos-
sible longer to carry it out. There were not three
or four complaints by native-householders but ac-
tually thousands.
Mr. F. B. Johnson pointed out that the pro-
posed alteration would make a difference of Tls.
8,000 in the next year’s Budget.
Mr. Hayes thought Mr. Hogg overlooked the
fact that the per centage on Chinese houses could
not be raised. Eight per cent was the maximum
percentage leviable, and this would remain un-
altered so that we should lose revenue in propor-...”
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“...January l&A 1868.
SUPREME COURT & CONSULAR GAZETTE.
27
Mr. F. B. Johnson said the Council had long
been aware of the unfortunate state of affairs,
and had been in hopes to purchase the adjacent
lot of land.
The Chairman said he was quite sure the
Council would do their utmost to rectify the evil
to which Mr. Nelson had called attention ; and
Mr. Hayes added they were doing their best, and
hoped to succeed shortly in making arrange-
ments with which all might be satisfied. The mo-
tion was then put to the meeting as follows and
carried.
Res. V.—That in the interval which must elapse be-
fore the next meeting of Land Renters, the Council be
empowered to make enquires aa to the possibility and ex-
pense of obtaining a nearer and more convenient site for a
new cemetery, and that they report on the subject to such
next meeting.
Mr. Iveson then made some remarks with re-
ference to slaughter-houses, but the subject not
being considered pressing was not discussed.
Mr. F. B. Johnson then stated...”
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“...28
SUPREME COURT & CONSULAR GAZETTE.
January \&th 18G8.
Mr. Hogg considered that the community were
to a certain extent entitled to enquire into the
matter. If the gaol were so far off it would be
necessary to maintain a large number of police-
men at it. Could not any arrangement be made
for defraying a portion of this expense out of the
Court fees or that delightful and popular tax
'which was imposed on British subjects every
year ?
The Chairman would not discuss that question
(laughter). The expense after all would be not
much.
Mr. Hogg would propose that the Municipality
do not give up the right to the road.
Mr. Carter begged to call attention to the fact
that the site proposed for the gaol was the only
one available within the settlement for a new
cemetery. The gaol could be anywhere—at Her
Majesty’s Naval Yard or anywhere else.
The Chairman then put the following motion.
Res. VI.—That Pais meeting authorize the resumption
of the Road referred to in the letter of H. B. M.’s Consul...”
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“...January \%th 1868.
SUPREME COURT & CONSULAR GAZETTE.
29
the natives of the country, owing to the unjust inter-
ference of the Mandarins and the assumed right to
exclude foreigners from the interior of the empire.
The war and consequent Treaty were intended to
remove all these obstacles for the future, and though
the language of the Treaty was most considerate to
the Chinese Government, its spirit and meaning were
to make the relations of British subjects with China
in every respect as advantageous and favorable as
possible.
The Treaty was not a plan or proposal of the Chinese
in order to deline certain limited concessions to us, but
an acknowledgement of our demands to get the basis
established of future communications between British
subjects and them. Although the Treaty is a joint
agreement, it is eminently our work, and as such ought
to bear our interpretation. It represents our just
claims and principles, admitted tardily and even reluc-
tantly, but irrevocably by a vanquished assailant...”
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“...so
SUPREME COURT & CONSULAR GAZETTE.
January \&th 1868.
Art. NLVIII.—Whenever a vessel shall he seized or
detained on the plea that she has been concerned in
the breach of Customs laws, &c., and it be afterwards
proved that she has not been concerned in such act,
the vessel shall be returned to the owners, and the
full value of the ship in addition be paid to them for
such detention or loss that may arise on account of
such seizure, or a stated amount to be paid as compen-
sation at Consul’s option. The same rule to apply to
goods illegally seized.
Art. LIII.—Tonnage dues to be entirely appropriat-
ed for the purchasing of gunboats for the putting down
of piracy and for the erection of lighthouses, signal
stations, appointment of harbour masters, and other
improvements at the ports for the public benefit.
All coal to be duty free whether exported or import-
ed, and to be supplied to steamers without the neces-
sity of obtaining permits.
All restrictions on the trade in Salt to be removed...”
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“...January l&A 1868.
SUPREME COURT & CONSULAR GAZETTE.
31
the porta to commerce. They may be declared open
as a matter of form by the Ministers, and foreign
Consuls and merchants may take up their temporary
abode there. But it is not certain that trade will be
allowed and one of our correspondents goes so far as
to state that it is useless for the foreign traders to go
down. Shimadz ’Saburo has been hurriedly called
away to Kagosima, and left the capital in great haste.
Tosa has also gone, no one knows whither, and the as-
pect of affairs is by no means promising.
The real reason for attempting to delay this event
is that the Daimios will not attend the conference to
which they have been summoned, under the guns of a
foreign fleet. And, until they have assembled, until
the questions which now agitate Japan are settled—
the formation of a new system of Government and the
adjustment of the balance of power between Mikado,
Shogoon and Daimios—we cannot hope to see trade
commenced in Osaka or...”
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“...32
SUPREME COURT & CONSULAR GAZETTE.
January l&th 1868*
cd for at Tls. 2.35 to 2.40, and White Brocades at Tls.
2.40 to 2.45 ; Dyed Spots at Tls. 2.40, and Dyed Bro-
cades at Tls. 2.70 to 2.80. Small sales of Velvets,
Scarlet and Gention Shirtings have taken place at
about previous rates. In Woollens the demand has
been chiefly for Camlets and Figured Orleans.
Tea.—Black. Little has been passing in this mar-
ket since our last issue, owing to the very full prices
demanded by holders for the not very desirable Stock
remaining. A Stock consisting for the most part of
parcels of Tea not before selected by buyers on ac-
count of their inherent deficiency in those points
which recommand them to favorable notice. Beyond
saying that they are free from objectionable flavour,
uothing can be said. The purchases of the past
week amount to 1,000 chests, at rates ranging from
Tls. 18 to 20 j. Prices are fully up to, if not beyond,
those ruling a fortnight back.
Green. A considerable business has been...”
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“...SUPREME COURT & CONSULAR GAZETTE.
PUBLIC AUCTION.
THE Undersigned have received instructions
from the Mortgagees to sell by Public
Auction, on Thursday, the QtKFeb. next, at 2 p.m. '
all that Lot of Land (containing 7 Mow or there-
abouts) and Buildings thereon, situated at Hong- ,
que, East of the Old Dock, and registered at !
the British Consulate as Lot No. 740, Title
Deed No. 733.
Further particulars and Plans of same can be
seen at our Office.
Also, the following Lots in Chinkiang :—
No. 1—Lot No. 13, British Concession, mea-
suring 29,200 square feet, as per Title Deed.
Na. 2—A piece of Land on the Main Street,
and close to the Grand Canal, measuring §fun, ;
1 le, 4 haou. Registered in the British Con-
sulate, as per Title Deed, Lot No. 22.
Terms of Sale.—One half Cash on fall of the !
Hammer, and the balance within five days after-
wards. Expense of Transfer to be paid by the
purchaser.
LANE, CRAWFORD & Co.
Auctioneers.
Shanghai, 6th January, 1868.
THE AGRA & MASTERMAN’S BANK,
LIMITED...”
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