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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for tlie Supreme & Provincial Courts of China & Japan
Vol. Ill SHANGHAI, SATURDAY, 8th FEBRUARY, 1868. No. 58
CONTENTS.
Leading Articles. * Page.
Lien for wages in cases of Bottomry........ 53
International Policy, ..................... 53
Cases in H. B. M.’s Supreme Court.
In Admiralty : In re the Lady Love <ۥ Alcyone, 55
Page.
Flynn v. Canty,......................... 57
News of the Week,......................... 58
Commercial Summary,..............*....... 59
Shipping, &c.............................. GO
NOTIFICATIONS
French Consulate General.
H. B M. Supreme Court.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN;
Shanghai, February, 1868.
NOTICE.—The Court will hold a Special sitting on
Friday, the \Ath day of February instant, at 11
o’clock in the forenoon, for the purpose of revising the
Jury List for the year 1868. Such List is now suspend-
ed in the Court Room at the Supreme Court, as re-
quired by Section 28 of the...”
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“...February 3th 1868.
SUPREME COURT & CONSULAR GAZETTE.
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 ivill be received till 10 a.m. on Saturday
No communications can be noticed unless accompanied by
the name of thewriter.
Sngrcittt fort sub Consular feette
Shanghai, February 8th, 1868.
We recently inserted a communication upon the
decision of Dr. Lushington, in the matter of the
Jonathan Goodbere, in which that learned Judge
decided upon grounds, which, however, our cor-
respondent called in question, that by the act of
signing a bottomry bond against the ship in
which he binds himself personally, a master
forfeits his lien upon the vessel as against the
Bondholders for the balance of wages due to
him at the time of his granting such bond. Our
correspondent pointed out that the view thus pro-
pounded was likely to have a detrimental effect
upon the interests of shipmasters...”
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“...54
SUPREME COTTRT & CONSULAR GAZETTE.
February StK 1858,
possible to maintain all the relations that it is
desirable should be maintained between one na-
tion and another without ever resorting to force
or without even hinting at it as a dernier resort.
It is not necessary to say that in order to
maintain their position, the Essay writers have
found it desirable to take so high a stand and
to cast their eyes over so vast a space that the
true nature of almost every fact to which allu-
sion is made is lost to view in the distance; and
in no part of the book is this more palpable
than in the chapter which is devoted to the con-
sideration of British relations with this country.
With the exception of some remarks respecting
the Opium Traffic, which, though founded upon
truth, are at the same time, eminently superfi-
cial, the facts are placed in an entirely false
light, and are, in some instances, wilfully misre-
presented, All the disasters which have ever
happened to China are of course...”
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“...the Che-Hsien
of Kaliding’s boat of some mandarin garments
and a few dollars, and the perpetrator of the
robbery was sentenced at the Supreme Court
to three years’ penal servitude.
The case of Azemar v. Casella and another, heard
in the Court of Common Pleas (see ante. Vol. II p.
295), in which an important point in reference to an
allowance clause in a contract for cotton was decided,
was brought before the Court of Errors on the motion
of the counsel for the plaintiff, and that Court, con-
sisting of Martin B., Blackburn J., Channell and Pigott
B. B., and Shoe J., confirmed the judgment of the
Common Pleas, namely, that the cotton tendered was
not that which defendants bargained for, and that
they were not bound to accept it with an allowance,
the allowance clause having reference only to inferiori-
ty of quality not difference of kind.
H. B. M. SUPREME COURT, IN ADMIRALTY.
February 3rd, 1868.
Before Sir Edmund Hornby, and Capt. Shaw,
Nautical Assessor.
In re the “Lady Love” and “Alcyone...”
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“...56
SUPREME COURT & CONSULAR GAZETTE.
February %th 1868.
ready to cast a ship adrift. It was about j of a mile
below our wharf. I saw’ them come up. I could not
tell whether one wras directly in the wake of the other.
One of them, the headmost, anchored. The first in-
timation I had of this was her bringing her head in to
the wind. I saw some chain which led me to know
the anchor was let go. She was hauling her jib down
as the chain ran out. I can see a chain three quarters
of a mile off with glasses. Two or three minutes aft-
erwards I saw the sternmost vessel changing her
course. I do not think the Alcyone could have gone
to windward of the Lady Love. There was a strong
breeze. In my opinion the topsails should have been
lowered, and the jib hauled down before the anchor
was let go.
Cross-examined .—I cannot exactly say what time
elapsed from any seeing the jib hauled down to the
anchor being let go. I watched the two vessels till
they came into the collision wTith the Harbor Master’s...”
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“...February 3th 1868.
SUPREME COURT & CONSULAR GAZETTE.
57
The spanker, two topsails and jib were set. We
backed the maintopsail to stop the ship’s headway
and then let go the anchor. 1 checked the vessel with
12 fathoms of chain, and I checked her again at 15 fa-
thoms, when the anchor held. When I let go my an-
chor she was about 500 yards astern. The vessel was
•• drudging ” up gradually and ooming round. She was
drudging 3 or 4 minutes. I observed the Alcyone com-
ing towards us. She was keeping her course right
up the river. I expected she would run into us. I
jumped up into the mizen rigging and shouted two or
three times that I was at anchor, and I waved my
hand several times. I was about 170 to 180 fathoms
from the Harbour Master’s hulk, when I let go the
anchor, we drifted on to the hulk. It was ten minutes
after the collision that the steamer came alongside.
The tug got the vessels clear of one another, and I then
had the Lady Love beached. After the steamer was
fast, we slipped...”
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“...58
SUPREME COURT & CONSULAR GAZETTE.
February 8th 1868.
NEWS OF THE WEEK.
The item of news of moat interest in Shanghai dur-
ing the past week ia the arrival of Mr. J. McLeavy
Brown, the Secretary to the new Chinese Embassy,
together with the Chinese members of the suite, who
have taken up their abode at the new Mixed Court
building in the Maloo. We have not yet heard definite-
ly when the Mission will start, but we presume that
it will be shortly, as it was stated that Mr. Burlingame
was only awaiting the arrival of Mr. Brown and the
remainder of the Embassy before leaving.
We are by degress re-commencing business, though
as usual after the Chinese holidays, the return to the
routine of work both public and private is slow.
The members of the British Episcopal Church Society
meet this day for the purpose of passing the accounts,
&c. As mentioned previously, the difficulty with re-
gard to the finances has now been overcome, though
possibly not in the most satisfactory manner, as it is...”
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“...February Mi 1868. SUPREME COURT & CONSULAR GAZETTE.
59
minglq philosophy and religion with their amusements,”
The following passengers have arrived in Shanghai
during the past week : per Ganges, from Yokohama,
Feb. 4th, Mrs. Steward, Messrs. Schnepel, Despayne,
Watson ; per Suivonada, from Hongkong, Feb. 5th,
Mrs. Warden and Infant, Messrs. Fraser, Hill, Kenny,
and Joseph. The following departed: per Formosa,
for Southampton, Feb. 6th, Mrs. Bake and Child, for
Hongkong, Mrs. Stewart, Messrs. Schepel, Despayne,
Watson, Hobson, G. Noble.
Hankow.—The N. G. Daily News mentions that
some apprehensions have been entertained as to the
stability of one of the Native Banks largely indebted
tojforeigners; and that it is believed that there is a de-
ficit of about Tls. 40,000. The same paper states that
the Commander of H. M. gunboat Havoc went on shore
for a shooting excursion and directly he fired off his
gun was set on by three Chinamen, and that happening
in the sight of some jacks, they at once...”
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“...SUPREME COURT & CONSULAR GAZETTE.
February Sth 1868
common Green Peacock. Settlements for season to
date amount to 36,500 bales, and the Stock is 1,200
bales, consisting of most undesirable qualities.
Opium :—Malwa. Subsequently to our last, the
prices of this article ruled at Tls. 530 a 532 for 1st
sort drug, and some sales were|made at that figure, fcafter
which it was quoted at Tls. 535 which was yesterday’s
rate, but to-day the market is firm vat Tls. 538. The
cause of rise is owing to the receipt of news of high
rates at Hongkong per Suivonada. Should the supply
by the expected mail be short, as we anticipate, there
is a further chance of rise. Malwa is quoted at Tls;
540.
Patna. Since our last, owing to the reduced Stock,
the market has been firm. To-day it is quoted at Tla.
497. Benares is very scarce and is therefore quoted
higher then Patna, say Tls. 505 a 510, to-day’s quota-
tion.
Exchange.—The business fer the Mail of the 7th
current was on a most restricted scale. A fair demand...”
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“...SUPREME COURT & CONSULAR GAZETTE.
PUBLIC AUCTION.
SI
S)
71Z F. L. II.
20 6 2 9.
17 8 3 5.
TILE Undersigned will sell by Public Auc-
tion, by order of the Mortgagee, within
their office No. 7, Foochow Koad, on Monday,
the Uth instant, at 3 p.m., the following lots
of ground in the American Settlement, close to
the Hongque Creek, with frontage thereto, ad-
mirably adapted for godown accomodation, and
hitherto used as a Coal depot.
71/. Z. Z. II.
Lot No. 285 measuring 3 7 0 0.
„ 287 2 6 0 0.
„ 288 2 0 5 0.
„ 304 3 0 0 0.
Also,
Two parcels of ground on the Soochow Creek,
close to Trefancha farm, pleasantly situated for
the erection of Bungalows and possessing easy
access to the walk.
Lot No. 1 measuring
2
with the standing crops.
Shares in several public companies.
For further particulars, apply to
MACLEAN, THOKBUKN & Co.
Shanghai, 3rd February, 1868.
NOTICE.
In the Estate of Revett Coleridge IPowles, Esq.,
M. D., deceased.—Late Physician to JEL. B. M.
Legation, Peking.
LL parties indebted...”
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