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“.............. 152
NOTIFICATIONS
H. B M. Supreme Court.
H. B M. Supreme Court.
IN HER BK1 TANNIC MAJESTY’S SUPREME
COURT FOR CHINA AND JAPAN.
THE BANKRUPTCY ACT 1861.
Shanghai, 9th April, 1868.
WHEREAS a petition for an adjudication of bank-
ruptcy was on the Itli day of April, 1868, filed
in Her Britannic Majesty’s Supreme Court for China
and Japan at Shanghai, by Alexander Mason, under
which he has been adjudged bankrupt,
The said Alexander Mason is hereby required to
surrender himself to Chakles Wycliffe Goodwin,
Esq., Registrar in Bankruptcy, at the first meeting of
creditors, to be held before the said Pvegistrar on tlie
23?-cZ day of A pril instant,at 11 o’clock in tlie forenoon
precisely, at the Supreme Court at Shanghai aforesaid,
and also to the Court at the public sitting to be ap-
pointed by the Court for the said bankrupt to pass his
last examination, of which sitting due notice will be
given. At the first meeting of creditors the Registrar
will receive proofs of the debts of creditors...”
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“...SUPREME COURT & CONSULAR GAZETTE.
United States Consulate General-
Office of the Marshal of the
United States Consulate General,
Shanghai, China, April 9th,1868.
"KTOTICE is hereby given that a warrant in Bank-
_LN ruptcy has been issued out of the Court of the
United States Consulate General at Shanghai, against
the Estate of T. W. Bibens, adjudged a Bankrupt up«
on his own petition ; that the payment of any debts
and the delivery Kof any property belonging to said
Bankrupt, to him, or for his use, and the transfer ,of
any property by him, are forbidden by law ; that a
meeting of the Creditors of said Bankrupt, to prove
their debts, and choose one or more assignees of his
Estate, will be held at the Court of Bankruptcy, to be
holden on the 2Qth day of Aprils "A.D. 1868, at 10
o’clock a,m., at the United States Consulate General,
Shanghai, before Geg. F,Seward, Esq., Consul
General.
CHAS. WILLIAMS,
United States Marshal.
Consulate General of Sweden and Norway.
Consulate General of Sweden...”
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“...April lith 1868.
SUPREME COURT & CONSULAR GAZETTE.
Hi
It is requested that only such communicatiQ^s 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.in. on Saturday
No communications can be noticed unless accompanied by
the name of thewriter.
-Supreme anh ®nnswhtr ©alette
Shanghai, April 11th, 1868.
The course of recent events in China, the rapid
spread of Rebellion in all directions, the panic
which arose in Pekin, the acknowledged di伍cul-
ty with which the insurgents were driven away
from the neighbourhood of the sacred capital,
where, secluded from the vulgar gaze of men,
the Son of Heaven rules supreme over this vast,
but unhappily disorganised, Empire, have called
attention to some ugly considerations which, the
well wishers of the present dynasty would fain
eee kept in the back ground. It would, how-
ever, be worse than idle to ignore the instability
which menaces the throne and tlie difficult...”
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“...SUPREME COURT & CONSULAR GAZETTE.
April Mth 186^.
harem, never allowed even to see his subjects,
given a wife in his fifteenth year, shuffled
about between Pekin and Lehol as the approach
of insurgents threatens danger to liis person,
his education offers a strange contrast to that
of his ancestors, who, whilst still incumbents of
a petty principality, trained up their sons to be-
come fit and able rulers of that Empire which
in those days, as in the present, had become, by
bad government and bad faith reduced to a
state of anarchy.
The conviction lias been forced upon the
minds of all thinking men that into sucli
another state has China fallen. The enormous
sums derived from foreign trade have hitherto
only sufficed to keep up the balance of parties.
In the centre and southern provinces, the Tai-
ping Rebellion became a war of extermination,
and whole provinces, as stated before in these
columns, have almost returned to a state of na-
ture. In the north a similar result seems not
far distant...”
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“...April nth 1868.
SUPREME COURT & COI^SULAR GAZETTE.
143
from any given enterprise. It may perhaps
be that in the former objection there is
some weight, but we believe before long
the fallacy of the latter idea will be com-
pletely exposed. If we look at the extreme
development of the principle of competition as
shewn in some American enterprises, which are
carried on often only with the avowed object of
knocking an antagonist out of the field, with the
ulterior view of making the public pay both for
the loss thus sustained and the cost of the ac-
commodation afforded so soon as a monopoly is
obtained, we can see very clearly that the public
is by no means so great a gainer directly as is
commonly supposed, while the indirect evils
which are worked by the fluctuation thus occa-
sioned are extremely pernicious to the public
interests. In enterprises of a very large and
.entended nature the public gain most advantage
by the working of another principle, to which
perhaps too little attention...”
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“...144
SUPREME COURT^fe CONSULAR GAZETTE.
April llt.h 1868.
Mr. Myburgh thought that the account being pass-
ed by the shareholders was an absolute acknowledge-
ment of the debt.
His Lordship.—It lias now come out that Mr. Cowie
was a shareholder. He could .not sue as a partner, and
the question was whether he was. still responsible.
The facts could only be ascertained from Mr. Cowie.
Mr. Harwood referred to Sir J. Perryn, Skaw and
Barber v. Hone, L.'Jl. 5, p. 33, in which the plaintiffs,
who had bought shares and tried to get rid of them, con-
tended that they were not partners, as they had not
signed the partnership deed, but they were held liable
as partners. He held that notice of the transfer
should have been given to all tlie partners, and quoted
Lindlay on Partnership, 226, and the case of Waters v.
Taylor, Tudor’s Cases,333. He considered that there
was clearly no claim for Tls. 3,909, which it was ad-
mitted had been contracted while the plaintiff was
partner.
Mr. Myburgh in reply...”
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“...April 11 th 1868.
SUPREME COURT & CONSULAR GAZETTE.
145
H. B. M. SUPREME COURT, IN BANKRUPTCY
April 6th 1868.
Before Sir Edmund Hornby, Chief Judge.
In re Dent & Co.
Mr. Mitchell, in tlie absence of Mr. Harwood, for
the Bankrupts.
This was an adjourned first meeting of creditors.
None appeared. The official assignee reported that be
had been informed that the Banks in Hongkong had
abandoned their intention of appealing against the
decision of the Supreme Court of that colony, adjudi-
cating the firm Bankrupt. He also stated that he un-
derstood a Deed of Transfer and Release had been
executed by several of the creditors, but that the
Banks were delaying or had refused to give their as-
sent to such Deed. The only course he could suggest,
under tlie circumstances and in the interests of the
Bankrupts and of the creditors at Shanghai, was to
continue the proceedings in Bankruptcy and to appoint
a day for the last examination.
The Chief Judge observed that the proceedings of
the Banks in Hongkong...”
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“...146
SUPREME COURT & CONSULAR GAZETTE.
April 11th 18G8.
He out me in the left thigh and the left breast. This
was on board the Kadosh. The prisoner and another
man were quarrelling in the forecastle. I was there.
I got the other man out. Tlie prisoner was lying in
liis bunk. The other man we called Peter. I took
the other man out because they were going to fight.
The prisoner was not drunk and not sober. The pri-
soner was well enough to know what he was doing. I
spoke to the prisoner when I came back. He was
calling me names when I came hack, and I asked him
to stop; I said nothing else to liim. He ought to
have known who I was. I was standing about four
or five feet from the bunk, and he got out and rushed
at me. He had a row with the other man, which I
suppose was the cause of his calling me names. I was
laid up seven weeks with the wound in my leg. The
other wound was not dangerous. I came from America
in thez Kadosh with this man. He was a quiet man
on board. I had never had any quarrel...”
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“...April 11th 1868.
SUPREME COURT
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“...148
SUPREME COURT & CONSULAR GAZETTE.
April 11th 1868.
Agency, wliicli they had conducted with conside-
rable tact ; while a great deal of business would
devolve upon them in view of the approaching ter-
mination of tlie first term of partnership. The
services of the Directors had hitherto been paid
only at Tls. 5 for each Board meeting, and the
present was a very appropriate opportunity for in-
creasing this fee, as such a step, in addition to be-
ing just in itself, would tend to allay any doubt on
the part of home policy holders as to the entire
confidence of the Shareholders in their present
Directors. No doubt a great deal was due to the
Secretary, but even liis ability and energy would
not have produced the satisfactoryjresults now ex-
isting without the able supervision and manage-
ment of the Board of Directors. Mr. Brand would
therefore propose—
Res. IV.一That the Director’s Fees bejincreased from
Five Taels to Ten Taels forjeach attendance at the Board,
and that this increase be...”
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“...AprilWth 1868.
SUPREME COURT & CONSULAR GAZETTE.
149
Tlie Chairman then put tlie resolution, with
Air. Brand’s addition, to the meeting, and a consi-
derable difficulty took place in recording the votes.
It was first announced that the resolution was
lost by one vote, and Mr. Brand suggested that
perhaps it might be done in a quieter manner
if Mr. Carter was agreeable.
Mr. Carter.—I am not agreeble (laughter).
It was here suggested that votes should be
taken by standing or sitting.
Mr. Oweraveg.—Would it not be well that the
Directors voted too ?
Mr. Maitland preferred Mr. Brand’s sugges-
tion. Some notice must be taken of the matter,
but it should be done in the mildest form.
Mr. Carter.—Can Mr. Maitland suggest any-
thing milder than “ calm and temperate
Mr. Hoggl—No doubt the measure adopted by
Messrs. Ashton & Co. was a strong one, but per-
haps the exigences of the occasion would be met
without a formal letter and by only an expression
of feeling on tlie part of the Directors.
Mr....”
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“...150
SUPREME COURT & COKSULAK GAZETTE.
April \ith 1868.
point a Com mi tee to look into tlie business, and
consider how am amalgamation could best be effect-
ed at its termination.
Sir E. Hornby enquired whether the Directors
had been authorised to close the business at tlie
other ports.
The Chairman explained Uiat this had been
done in virtue of a resolution at the previous
meeting.
Mr. Brand then proposed the following amend-
ment, which was seconded by Mr. Iveson.
That the business of the Company be continued as
at present, accepting no risks extending beyond 31st
December, 1868, and that a Committee be appointed
to dispose of the business to a new Company or any
office prepared to take it over.
Mr. Overweg said that after what had trans-
pired as to the views of the Company, he hardly
thought it was possible they could obtain risks.
There was no question that from tlie discussions
which had taken place, the Company stood bad-
ly with the public.
The Chairman said no doubt from what had...”
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“...April lllh 1868.
SUPREME COURT & CONSULAR GAZETTE.
151
wlio have been sentenced to hard labour have been
consigned to the chain going and have appeared break-
ing stones in the streets. Tlie German theatrical
amateurs gave a performance of a very high, descrip-
tion on Saturday last, one of the pieces performed be-
ing the difficult Drama of Dr. Robin, The perform-
ance went off with the greatest ^clat.
Mr. Batchelder has launched a new steamer, wliicli
lias been called, the Yangtse.
A proposal to plant trees down the Bubbling Well
Road has been made in one of the local papers, and seems
likely to b© popular. There has been an unexpected
demand for shares in the Recreation Fund, several
shares having been sold at par, and some we hear at
premium.
The following passengers have arrived in Shanghai
during the week : per Ganges t from Hongkong, I April
4tli, Messrs. Lent, Goodwin, Smith, 0. B. Bradford, Po-
tiger and McCallman ; per Dupleix, from Hongkong,
April 5th, Mrs. Pust, infant and servant...”
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“...152
SUPREME COURT & CONSULAR GAZETTE.
April nth 186S
LATEST QUOTATIONS.
Shanghai, April 9价,1868.
T.m.c. T.m. c.
Grey Shirtings一5| Catty, ........... 1.9.5 a 1.9.8
” for arrival.....................
” 6^ Catty, on spot............... 2.2.5 a 2.3.2
” for arrival.......I.............
White Do. 64 Reed,.................. 2.3.5 a 2.4.0
丁-Cloths—81b., 36 in,............... 1.7.0 a 1.9.5
Long Ells一HH Scarlet,............... 6.5.0
,, Assorted,................. 6.6.0 a 6.7.0
„ CPU. Scarlet,............. 6.6.0
” Assorted,................. 6.6.0 a 6.7.0
” GG Scarlet,............... 6.5.0
,, Assorted,................ 6.6.0 a 6.7.0
Spanish Stripes一Elephant,........... 0.6.2 a 0.6.5
,, Tiger,............. 0.7.0 a 0.7.5
,, Britannia, ........ 0.6rl a 0.6.2
Camlets一SS.......................... 13.0.0 a 13.5.0
,, SSS ......................... 10.0.0 a 10.5.0
Lead................................. 6.5.0 a 6.8.0
Iron一Nail Rod,....................... 2.8.0 a 2.8,5
,, Bar,............................ 2.8.0...”
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“...SUPREME COURT & CONSULAR GAZETTE.
THE CHINA MAGAZINE, a Weekly Miscel-
lany, Illustrated with Photographs, Conducted
by C. Langdon Davies,published for Proprietor by
Noboniia & Sons, Government Printers, Hongkong.
Quarterly Subscription : In China, the Straits, Sai-
gon, Manila, and Bangkok,雒7.50 ; In Great Britain, £2;
]n France, Fes. 50.
No. 1, March 7th,1868. Contents :—European Life
in China (Illustrated). Yuk Noo ; a Romance, trans-
lated from the Chinese by the late Revd. E. Evans.
Happy Valley (Illustrated). How I Struggled into
Print. The Bigederos or Euplectilla (Illustrated).
Topside Golali ! How the Thieves manage in China.
Dedicated to Horace Mayhew, &c” &c.
Illustrations.—1. View in Hongkong, taken from
the bridge on Victoria Peak. 2. Instantaneous view
of Happy Valley, taken on the third day of the races,
1868. 3. Group of Pvigederos.
Shanghai,A. H. de Carvalho ; London,—W.
Allan & Co ; Paris,——C. Borjrani. By any of whom
subscribers names will be received. Delivered Car-...”
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