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“...SUPREME COURT & CONSULAR
And Law Reporter for the Supreme & Provincial Courts of China & Japan
Vol. Ill SHANGHAI, SATURDAY, 7th MARCH, 1868. No. 62
CONTENTS.
Leading Articles. Page.
The Failure of the Customs Bank at Hankow.. 95
The Rebellion in the North............... 96
Memorandum on the Influx of Silver into China... 96
Cases in H. B. M.’s Supremb Court.
Ah Sung v. Mason......................... 97
Heinsen v. Thin........................ 97
Summary Cases,........................... 97
Polioe Cases,............................ 97
Case in Supreme Court Hongkong.
In Bankruptcy: In re Dent & Co.—Judgement. 97
Casesin H. B. M’s. Provincial CourtYokohama
Criminal: Regina v. George Bryers....... 101
News of the Week,......................... 104
Commercial Summary,....................... 106
Shipping,................................. 106
Quotations, &c., &c....................... 106
NOTIFICATIONS
Prussian Consulate General-
H. B M. Supreme Court.
HER BRITANNIC MAJESTY’S SUPREME
COURT FOR...”
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“...March. 'llh 18G3.
SUPREME COURT & CONSULAR GAZETTE.
95
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 thewritcr.________________________________
^npreme anb (ffonsnlar terfie
Shanghai, March 7tii, 1868.
In our last number we published portion of a
despatch addressed by the United States Con-
sul at Hankow to the Vice Roy of Hupeh,
Honan, &c., upon a matter of signal import-
ance to all foreigners connected with trade in
China, namely the peculiar circumstances under
which the Customs’ Bank at that port failed.
Her Britannic Majesty’s Consul at Hankow
has, as we are informed, addressed to the Vice
Roy a precisely similar despatch upon the
subject, and the matter has been taken official
cognisance of by the other Consuls, who met
His Excellency the Taotai, in conference...”
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“...96
SUPREME COURT & CONSULAR GAZETTE.
March Tth 1868.
Bank, and the nature of its connection with
the Government, should be granted without
delay.
The intelligence which has been received from
the north, during the past week, in reference to
the Rebellion, entirely puts to flight the state-
ments, which have been from time to time made
with a view to causing it to appear that the
Imperial Forces were making head against the
movement. From this view of the subject,
persistently maintained by one of our local
contemporaries, we have for a lengthened time
felt reluctantly compelled to dissent. As far
back as November last, we pointed out the sig-
nificance of the news which had from various
quarters come to hand, and we laid particular
stress upon the fact that Li, the Commander in
Chief of the Imperial Forces in the north, had
been degraded, as evidencing the disaster which
had attended his arms. At that time we also
noticed that serious fears were entertained of the
spread of the Rebellion...”
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“...March 7th 1868.
SUPREME COURT & CONSULAR GAZETTE.
97
so plentiful as to be in use for the manufacture
of the more ordinary articles usually made of iron.
In fact for the last seven years the market for
Mexican dollars has been principally ruled by the
demand for export to Japan.
The Chinese are not, as a rule, given to hoarding
the precious metals, but it is a matter of fact that
during the Taiping rebellion large amounts of trea-
sure were hidden ; the greater portion of this has
been doubtless recovered, but there is little doubt
that in many cases where extra care was used in
its concealment, while those to whom the secret
was entrusted have been entirely cut off, hoards
of the precious metals still remain to be discover-
ed, especially in the central provinces.
The statistics of the export and import of the
precious metals previous to the publication of the
present elaborate tables of the Imperial Customs
are difficult to arrive at, but an approximation may
be obtained by a study of...”
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“...9S
SUPREME COURT & CONSULAR GAZETTE.
MTrch 7 th 186$
and Shanghai Banking Corporation were taken, and in
the absence of any appearance by either of the Bank-
rupts, Judgment was signed for $154,788, with $40
costs, and execution issued ; the writ was given bo
the Sheriff, hut further proceedings were stayed, ex-
cept subject to'the order of this Court by notice of the
pendency of the petition in the Bankruptcy.
In June 1867, Mr. John Dent was the only repre-
sentative of the bankrupt firm in this Colony, and on
the 29th of that month Mr. Goinez, a Creditor to an
adequate amount, petitioned this Court for an adjudi-
cation against the Bankrupts. Mr. Gaskell, as Solicitor
for all the Bankrupts, appeared for them, and£thus they
submitted themselves to the Jurisdition of this Court.
A memorandum to this effect was signed by him and
placed on the file of proceedings upon which aud upon
Mr. Pollard’as their Counsel consenting, and upon an
affidavit by Mr. Pollard that Mr. Dent only was in
the...”
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“...March 1th 1868.
SUPREME COURT & CONSULAR GAZETTE.
99
we) constituted an act of Bankruptcy sufficient to sustain
the. adjudication against Mr. Dent alone, much less
against the other Bankrupts.
1. As to the beginning to keep house, Mr. Dent
deposes that before the 28th of June last he directed
Mr. Overbeck, an assistant in the firm, to deny him
to all coiners. Mr. Gomez, the petitioning creditor,
deposes that on the 28th of June he went in business
hours to the place of business of the bankrupts in
Hongkong to demand payment of the debt which the
firm owed him, and that he asked to see Mr. Dent, and
that Mr. Overbeck told him that neither he nor any
other creditor of the firm could see Mr. Dent.
This appears to be an act of bankruptcy by Mr. Dent
in beginning to keep house.
2. As to making a fraudulent transfer of property
to a creditor (which may be elsewhere than in this
Colony, see section 10 of Ordinance) the affidavits of
Mr. Dent, one of.the bankrupts and of Mr. da Silva, in
my opinion...”
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“...100
SUPREME COURT & CONSULAR GAZETTE.
March 1th 1868.
On a question similar to that now before me Sir Ed-
mund Hornby, Chief Judge of H. B. M. Supreme Court
at Shanghai, sitting in Bankruptcy in re Dent and
others (the Bankrupts here being also Bankrupts there)
is reported to have said in reference to what acts by
one partner bound his absent co-partners, “ Perhaps it
would be more correct to say that the act must be one
intimately connected with the business rather than it
must be one necessary to the carrying on of the busi-
ness.”
I concur in this distinction drawn by the learned
Judge, applying it as he did to the circumstances of
Shanghai and equally applicable here.
Whether there are recent decisions in England on
the subject we unfortunately are unable to ascertain.
So little has the Ordinance of 1S64 been acted on that
not one of the series of authorised Reports in Bank-
ruptcy, from De Gex and Smale downwards, is to be
found in the Colony, and the other contemporaneous
reports...”
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“...March '1th 1868.
SUPREME COURT & CONSULAR GAZETTE.
101
cessary part, of the Company’s name, which it is pen-
al to omit, and it is equally notorious from the Lon-
don Gazette that that Company failed, and that the af-
fairs were and are in the hands of an Official Liquida-
tor Mr. Cannon of London, to the exclusion of that
Company ; and therefore if such notoriety is to be ac-
cepted at all, The Agra and Masterman’s Bank cannot
eo nomine be legally a body quasi Corporate here cap-
able of asserting rights in this Court; but indeed, I
think, 1 ought to exclude all reference to such noto-
riety from the Judicial consideration of this question.
But in order to exhaust the questions arising upon
this petition, I proceed to consider the facts before
me, as if the petitioner were properly before me.
[Here the Chief Justice stated the facts of the case
in the words used above in the Judgment on the peti-
tion of the Hongkong and Shanghai Banking Corpora-
tion ([A to A]) and then proceeded as ...”
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“...102
SUPREME COURT & CONSULAR GAZETTE.
Marclfith 1868,
knife in his right hand. T at once seized him by the
right hand and we dragged him outside the room.
While doing so, he made two or three attempts to
stab Constantine with the knife. After we got him
out, I told him to turn up the knife. I saw it, it was
a small penknife. He struggled with his right hand
as if lie meant to stab. I can’t exactly say how he
held the knife. I think he had it in the grasp of his
hand. On telling him to turn up the knife, he said,
“ Here’s the knife I stabbed him with.” After saying
that, he said; “I will stab him again,” at the same
time letting the knife fall on the ground. I stooped
down and picked it up. The small blade was open.
Turning round, I saw Gibbons come out of the room
door and fall down as if he was going to kneel down. I
calledmenand sent prisoner off to the guard-room. He
was drunk. I then ordered Gibbons to be carried in-
to his quarters. He was laid in the bed and his things
ripped open...”
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“...March 1th 186S.
SUPREME COURT & CONSULAR GAZETTE.
103
I cannot say what his character was, but since I have
known him, lie has beeu quiet and of good character.
Benjamin Hives. -I am a private in the 9th. £
remember the 3rd of Dec. last. On that day I returned
to the South Camp, I saw George Bryers standing at
the corner of his hut, one shoulder leaning against the
corner of the hut, shaking his clenched fist at his wife,
who was standing about 30 paces from him as it were
afraid to go near him. After some minutes he tried to
turn to his room, holding himself up by the hut. He
got one foot on the step. In trying to get oil the other
he fell on his back. I ran and helped him off the
ground, and private Constantine came and assisted me
to get him on the step of his door. 1 took him in my
arms and lifted him up on his bed, he jumped up off
the bed and went towards a small table and asked for
his pipe. I saw none on the table, but cups and saucers
and a knife. I think a white handled one. 1...”
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“...104
SUPREME COURT & CONSULAR GAZETTE.
J/arcA 7 th 1868
His Lordship, addressing the Jury, remarked that,
the duty which they now had to perform was a most
solemn one ; the life of a fellow creature was in their
hands, and at the same time they must remember that
the blood of a man had been shed, and it would be ne-
cessary for them resolutely to face the evidence which
had been laid before them, and draw therefrom an im-
partial conclusion as to the guilt or the degree of guilt
of the person by whose hand life had been sacrificed.
The indictment charged the prisoner with murder, but
it was competent to the jury if they should so think
fit, to find a verdict of manslaughter. The evidence for
the prosecution was very plain and did not need much
comment. There was nothing left to surmise. It was
in evidence that the prisoner had rushed suddenly
upon the deceased, that he was found apparently suffocat-
ing him, and on being seized a knife was found in his
hand. His own remarks at the time referred...”
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“...March 1th 1868.
SUPREME COURT & CONSULAR GAZETTE.
105
disposal, to oppose them. He said that Ting, the Go-
vernor of Shantung, was rapidly coming towards Tien-
tsin with a large army; and that, on its combining
with the forces from Peking and Tientsin, the rebels
would be at once destroyed. According to his Excel-
lency the rebels were by last accounts still near Paou-
t-ing-foo; and he promised to give Consul Mongan
daily accounts of their movements. At 2 p.m., the
members of the foreign community met at Mr. Mea-
dows’ house, to hold a consultation on the position of
affairs. Besides the gentlemen representing the mer-
cantile and missionary interest at Tientsin, Com-
mander Dunlop, Mr Dick, Commissioner of Customs,
and the Consuls of Great Britain, Prussia, Sweden and
America, were present.”
i It is very generally stated that Tseng-kwo-fan in-
i tends to visit Shanghai in order to settle a question
which has arisen from a claim instituted by the French
I Missionaries on a piece of land...”
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“...106
SUPREME COURT & CONSULAR GAZETTE.
March 1th 1868
•legation have been invited up to Kioto, the os-
tensible object being for the former to give his pro-
fessional assistance to some wounded men, though it is
thought some political object is in view. An import-
cant Land Renters meeting has taken place in Yoko-
hama, where a protest has been made against the ac-
tion of Mr. Dolimen, who was appointed Municipal
Director some three months ago, and has caused great
discontent by his acts.
COMMERCIAL.
Shanghai, Friday Evening, March 6th, 1868.
Imports :—Our market continued fairly active up
to Thursday, and sales were easily effected at Tls. 2.16
to 2,20 for 8 J lbs. Grey Shirtings, but the news brought
by the Yuen-tsze-fee has had a most depressing influ-
ence on prices and values are to-day almost nominal,
although we hear of some small sales for Hankow at
Tls. 2,18 for good chops. The enquiry for White Shirt-
ings has ceased. T-Cloths however do not shew much
signs of giving way. For other...”
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“...SUPREME COURT & CONSULAR GAZETTE.
French Consulate General.
AVIS.
LA demande du Conseil Municipal des Concessions
Anglaise et Am&ricaine et pour lui faciliter la
formation de ses listes ^lectcrales, le Consul Gdndral
de France a l’lionneur de prevenir les personnes qui,
parmi les Fran^ais et les protegds Franqais, possdde-
raient des terrains sur l’une des deux concessions pre-
citees, de vouloir bien lui en donner immediatement
avis.
Shanghai, le 29 Fevrier 1868.
Par delegation sp6ciale en la absence d u
Consul G6n6raL
L? Inierprete p. i*
E. THOMASSIN.
British Consulate Hankow
NOTIFICATION.
LESSEES of Concession lots, and Agents for Les-
sees, are hereby warned that rents are due on the
15th instant under the Leases, with a term of grace of
o?iZ?y twenty-one days, and they are requested to pay
said rents to the Undersigned in orders on the Keen-
yew Bank, or in full-sized current Copper Cash.
W. H. MEDHURST,
Consul.
British Consulate.
Hankow, 14th Feby., 1868.
\ NOW READY,
THE Documentary...”
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