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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan
VOL. Ill
SHANGHAI, SATURDAY, 15th FEBRUARY, 1868.
No. 59
CONTENTS.
Leading Articles. Page,
Piracy in Chinese Waters,.................. 61
The Country around Nanking,................ 61
Cases in II. B. M.’s Supreme Court.
Flynn v. Canty,............................ 63
In Appeal: Watkins and Carroll,.......... 63
In Bankruptcy: In re C. W. M. Hudson,..... 64
Summary Cases, ......................... 64
Police Cases,........•................-... 64
Cases in Mixed Court.
65
NOTIFICATIONS
H. B M. Supreme Court.
H. B. M. SUPREME COURT FOR CHINA
AND JAPAN.
COURT OF BANKRUPTCY.
In the matter oj C. W, M. Hudson, a Bankrupt.
Shanghai, 12th February, 1868.
WHEREAS at a public sitting of the Court held on
the l(kA day of February, 1868, the Court
granted an order of discharge to the said Bankrupt.
Notice js hereby given that the said order of dis-
charge will be delivered to the Bankrupt on the l(k/t...”
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“...February 15^ 1868.
SUPREME COURT & CONSULAR GAZETTE.
61
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
the name of thewriter.
jcMgrcmt ®o»rf itnb Consular feetfa
Shanghai, February 15th, 1868.
In the course of an article which appeared ia
our last number, we had occasion to allude to
the very erroneous views which are commonly
entertained at home with reference to the sub-
ject of piracy in the China waters, and as this
is a matter which it is very desirable should be
placed in a true light, we purpose to notice a
few of the leading features which belong to it.
The idea that piracy in China is the result of
the advent of Europeans is one of the strangest
delusions that has ever seized the mind of the
public with regard to the affairs of this country;
and is of a piece with the...”
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“...62
SUPREME COURT & CONSULAR GAZETTE.
February 15/A 1868.
tions. On going through certain formularies
and giving security for its proper use, a supply
of grain for seed can be obtained from ^the Pro-
vincial Government at Nankin, and likewise to
each family of ten mouths is allotted, under
similar restrictions, a bullock.
Such at least is the theory, though the boon
does not appear to be extensively taken advan-
tage of. Towards the great object of improving
the communications, nothing has been done, the
Provincial Treasury pleading its impecuniosity
owing to drafts on it for the conduct of the war
against the Nienfei.
In our last article, we had arrived at the mea-
sures necessary to produce an adequate supply
of grain and to transport it to the market, we
shall now oiler a few words as to its preparation.
As most of our readers know, the methods of
husking and dressing rice adopted by the Chi-
nese have continued unchanged for ages. As
long as the population was superabundant, com-
paratively...”
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“...expenses of the two adjournments.
H. B. M. SUPREME COURT.
February ll£A, 1868.
Before R. A. Mowat, Esq.
Primrose & Co. v. H. Lang.
In this case Plaintiff claimed Tls. 126.32, due on ac-
count stated. The debt was acknowledged by De-
fendant in a letter dated February 8th, and put into
Court, in which Defendant asked for a month to pay
in. Plaintiff testified that the rate of interest agreed
upon was 15 per cent, and asked for judgment to be
recorded in his favour with interest at that rate.
Judgment was entered accortlingly for the amount,
and 15 per cent to date. The usual interest of 10% to
be added to date of payment.
Hi
■
Ah-Sung v. A. Mason.
Claim for Tls. 1,910.59, money paid by Plaintiff for
Defendant at his request.
The Defendant forwarded a medical certificate from
Dr. Thin to the effect that he was unable to leave his
room, and applied for an adjournment.
The case was adjourned accordingly to Tuesday 18th
February, at 11 a.m.
H. B. M. SUPREME COURT,
On Appeal from Provincial Court...”
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“...64
SUPREME COURT & CONSULAR GAZETTE.
February \5tli 1868.
price in the event of the appellant electing to purchase
them. The $ 3,000 deposited as security for the re-
turn of the rifles have been appropriated by the res-
pondent. So far, therefore, as the appellant is con-
cerned, he has paid the sum of $ 3,000 and he has re-
turned the 500 rifles. The'question indeed is to whom
and under what circumstances have the rifles been re-
turned ? and what has been done with their proceeds ?
Now it is clear from Mr. Black’s letters to Mr. Watkins
and Mr. Carroll’s letters to Mr. Black, and from other
evidence that Mr. Carroll knew the rifles had been re-
turned to Mr. Black and had been sold. It is also
clear that in payment of the balance due, Mr. Carrol
accepted from Mr. Black two promissory notes, one of
which he cashed and the other he held over (at Mr.
Black’s request, until Mr. Black became insolvent.
Under these circumstances I am of opinion that Mr.
Carroll has ceased to have any claim...”
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“...February 15 th 1868.
SUPREME COURT & CONSULAR GAZETTE.
65
MIXED COURT.
February 11th, 1868.
Before Ciiun Wei-Yuan and R. J. Forrest, Esq.
The Brig Sarah v. The Junk Luk-Tien-Niny.
This was a claim for damage done for collision in
consequence of the Junk crossing the bow of the Brig,
near Woosung on the 9th October last. Mr. Mitchell
appeared for the defendants and was assisted by Cap-
tain Lewes, who submitted the plaintiffs’ witness to
severe cross-examination. The evidence on both sides
was taken but decision was reserved.
Before Chun Wei-Yuen and Dr. Jenkins
Messrs. Olyphant & Co., as Agents for Henry Blodg-
et, claimed from Lee-Yu-Chi and Kii-Fei-Chun the
sum of Tls. 300, rent due December 2nd, 1867. Judg-
ment for plaintiffs, payment to be made within one
week.
The following is the Judgment of Dr. Lusliing-
ton in the case of the Edward Oliver, referred to
in our last number.
Dr. Lushington.—If this motion is refused, the
proceeds of ship and freight now in the registry will
be exhausted...”
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“...66
SUPREME COURT & CONSULAR GAZETTE.
February \5th 18GS
The Treasurer and Trustees’ Account shows :—
Ordinary expenditure, ..............Tls. 3,863.60
Revenue, ........................... ,, 3,764,69
989.91
To this, however must be added, on ac-
count due to the Rev, Chas. II, Butcher,
for stipend due for quarter ending 31st
December, 1867,.....................Tls. 800.00
Tls. 98.91
Short fall of which Tls. 800 have been
caried forward in chaplaincy ac-
count, and the Trustees debts fur-
ther increased by the balance of Tls. 98.91
Parsonage Loan stands at Tls. 2,842. 92, a dividend
of 5 per cent Tls. 149.58 having been paid in liquida-
tion of this debt in January last year ; a further pay-
ment is now due, which, together with interest, will
be madg as soon as the Pew rents of the current year
has been collected.
New Church Building Fund.—
Subscriptions have been received during
the past year from Residents... .Tls. 10,426.75
To which must be added balance of Bazaar
account..............”
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“...Febuary \5th 1S68.
SUPREME COURT & CONSULAR GAZETTE.
67
rality of the community to supply the deficiency
in the Chaplain’s salary would be responded to;
expecially as there were very many besides pew
renters who had the advantage of his ministration.
Mr. Broadbent then seconded Mr. Eitz Boy’s
motion, which was carried.
Mr. Dickinson then laid the accounts on the
table, the Chairman observing that it would be
very desirable that they should be published in
detail.
It was accordingly proposed by Mr. Broadbent,
that the accounts be passed and published. This
motion being put to the meeting was carried.
The Chairman said that the next business
would be the appointment of Trustees, which
would, of course, have been left in the hands of
the meeting had it been more numerous ; but the
function of doing so was, if necessary, vested in
the Consul; and, while under ordinary circum-
stances he would not take upon himself to be the
exponent of public opinion in so large a commu-
nity, he trusted that...”
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“...GS
SUPREME COURT & CONSULAR GAZETTE.
February 15th 1868
Brought forward ............ Tls. 11,573.93
F. M. Youd Esq. ................... „ 10.00
Henry A. Mylne Esq. ................... ,, 10.00
F. Stokes Esq. ... ......... ,, 10.00
H. Beveridge Esq........................... 10.00
A. Major Esq. ,, 10.00
Peter Orme Esq............................. 10.00
R. Howie Esq. ,, 10.00
E. Figges Esq. ........................... 10.00
John Kelly Esq. ,, 10.00
G. E. O. Noble Esq....................„ 10.00
H. Cope Esq.......................... ,, 10.00
R. M. Hay Esq. ........................ „ 10.00
H. D. Jamieson Esq..................... ,, 10.00
A ship owner, perH. F. Ramsey Esq. ... ,, 7.27
F. J. Green Esq. ..................... ,, 5.00
E. H. Olin Esq. ................. ... ,, 5.08
C. Gearte Esq. M 5.08
C. B. Clarke Esq. .... ...... „ 5.00
Capt. J. McKenzie................... ,, 21.75
J. Howes Esq. ... .................. 10.00
W. Fowler Esq. .............. ,, 10.00
Taels...11,773.11
Amount...”
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“...February 15th 1868.
SUPREME COURT & CONSULAR GAZETTE.
69
Brought forward .......... Tls. 662.71
14 ,, W. Harvie’s account cleaning chimnies 40
22 ,,
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“...70
SUPREME COURT & CONSULAR GAZETTE.
February 15£7t I868’r
Brought forward ........... Tls. 8,167.12
Cost of Sundry Fittings 5,029.56
Charges on Fittings, for Rent, Insurance,
Landing Duty, &c. 258.57
Shanghai Brick Co., Royalty on Bricks made
by Chun Shun Li 728.61
Chun Shun Li, contract for Bricks 3,394.80
Farnham & Co., paid them account contract 10,000.00
Wm. Kidner, paid him acct. liis commission 1,000.00
, Interest on Debit Balance to 30th June 1807 317.11
do do do 31st Dec. 1867
, do short charged by the Chtd. Merc.
Bank on advance to Mr. Tarn for Fittings
ordered
Circulars Foundation Stono
Trustees in General acct. Tls. 2,554.65
13.45
37.34
10.00
Parsonage acct.
1,657.08 4,211.73
Tls...33,168.29
Cr.
Dec. 1866. Tls. c.
31 By Balance 19,955.08
Dec. 1867.
31 ,, Subscription collected during the year 1867 11,773.11
„ Interest on Tls. 16,720.75 deposited with the
Chtd. Merc. Bank to 30tli June 1867 a 8% 668.83
,, H. Dickinson, balance of his acct. 771.27
Tls...33,168.29
E. J O. E.
Shanghai...”
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“...4
February 15th 1868.
SUPREME COURT & CONSULAR GAZETTE.
71
The Chairman suggested that the meeting
might not consider it necessary to pass a special
vole to have the Tls. 5,500 included in the ac-
counts and that a property account being opened
might meet the matter better. The Club held
shares in the Race Course to the value of Tls. 2,000
and it was hoped they might ultimately buy in
the whole or at all events the greater part of the
Race Course shares.
Mr. Robinson suggested that the meeting was
not as yet quite clear that a loan was due to Mr.
Keswick. It would be better to ascertain that
first.
The Chairman said the Committee would take
good care they would pay no money that was not
due.
Mr. Lindsay suggested that the sum of Tls .3,900
due from the Recreation Fund might be used in
liquidation of the debt to Mr. Keswick.
After some further discusssion, it was proposed
by Mr. Pomeroy, seconded by Mr. Oliphant, and
carried, that the Committee be authorized to pay
to Mr. Keswick the amount...”
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“...72
SUPREME COURT & CONSULAR GAZETTE.
February 15ZA 18GS
The amendment was then put to the meeting,,
and was lost by a majority of 14 votes. The
original resolution was than carried nem. con.
. Mr. Gardner then said that as a means of put-
ting the matter in train, he would suggest the
following resolution—
“ That a Committee of three and a Secretary should
be appointed to construct a Fives Court and Gymnasium,
in conformity with the above resolution.”
Seconded by Mr. Robertson, carried nem. con.
Mr. Geo. Hart proposed that the majority of
the Committee appointed be mercantile men.
This resolution was, however, negatived as un-
necessary, and the following gentlemen were elect-
ed to serve on the Committee. Mr. E. C. Bowra,
Col. Cooke, Mr. J. Groth, Mr. Robertson, and
C. Gardner, Secretary.
With a vote of thanks to the Chairman, the
meeting broke up.
NEWS OF THE WEEK.
Since our last we have to note the arrival of the
French Mail of December 17th and the English Mail
of Deer. 26th, bringing...”
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“...February Voth 1868.
SUPREME COURT & CONSULAR GAZETTE.
73
The following particulars concerning the new British
Gaol, which is to be erected facing the Quangse Road,
between the Amoy Road and Soochow Creek are in-
teresting, It will be made to accommodate about
sixty European prisoners and about thirty natives.
There will be a hall in the centre, which can also be
used as a Chapel, and from this, three corridors wil,
branch out. The latest improvements in ventilation, '&c.
will be introduced, and a Debtor’s Prison and Gaolor’s
residence will be attached to the building. On a
separate plot of ground,'there will.be built an infirmry,
which will be available not only for the prisoners, but
also for distressed British subjects.
The annual Meeting of the North China Branch of
the Royal Asiatic Society was held on Monday 10th
inst. The business consisted of passing the Report,
which was generally satisfactory, and of electing a
Committee for the present year. The following were
appointed ; Geo...”
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“...74
SUPREME COURT & CONSULAR GAZETTE.
February 15th 1868.
important news respecting political matters Japan.
The war is at an end. Stotshashi’s troops, after
several severe encounters, were completely routed on
the 30th January, and Osaka fell into the hands of
the Confederation. The immediate cause of the defeat
■was the defection of a Daimio named Idsumi, who
with his troops went over to the enemy. Stotsbashi,
after warning the foreign Ministers that he could no
longer answer for their safety, fled from the place to-
wards Hiogo, and got on board the U, S. Corvette
Iroquois, and afterwards on his own frigate the Haya
Maro, (recently bought for $120,000), in which he
made his escape to Yeddo, where he arrived on the 5th
February. In Osaka, the greatest confusion existed ;
the garrison left the castle, which was fired on the
morning of the 2nd, when other places were also burn-
ed. The Ministers, with the exception of Sir Harry
Parkes, who, after despatching his mounted guard to
Kobd, remained...”
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“...SUPREME COURT & CONSULAR GAZETTE.
British Consulate Hankow.
signed and delivered out to tlie Bankrupt on the 6th
day of March, 1868, provided no appeal he instituted
before that time.
W. H. MEDHURST,
Consul.
British Consulate.
Hankow, 14th February, 1868.
PUBLIC AUCTION.
THE Undersigned will sell by Public Auc-
tion, by order of the Mortgagee, within
their office No. 7, Foochow Road, on Monday,
the 2Ath 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.
M.F. L. H.
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 Soocliow Creek,
close to Trefancha farm, pleasantly situated for
the erection of Bungalows and possessing easy
access to the walk.
M. F. L. IF
Lot No. 1 measuring 20 6 2 9.
n J? 2 ,, 17 8 3 5.
with the standing crops.
Shares in several public companies.
For further particulars...”
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