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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan
VOL. Ill
SHANGHAI, SATURDAY, 18tii APRIL, 1868.
No. 68
CONTENTS.
Page.
Leading Articles.............................. 153
The Law of Appearances..................... 153
Marine Hospitals.......................... 154
Case» in H. B. M.’s Supreme Court.
Glover & Co. v. Dutis, iu Appeal from Hako-
dadi .................................... 155
Regina'v. Downs and Bent................... 156
In Bankruptcy : In re C. Treasure Jones, Judg.
Qiient................................. 157
Summary Cases............................. 157
Police Cases,.............................. 157
NOTIFICATIONS
H. B M. Supreme Court.
IN HER BRITANNIC MAJESTY’S SUPREME
COURT FOK CHINA AND JAPAN.
COURT OF BANKRUPTCY.
THE BANKRUPTCY ACT, 1861.
Shanghai, ISth April, 1868.
rTICE ia hereby given that a meeting of creditors
of Edmund Warden, who was adjudicated Bank-
rupt on the 25th day of June, 1867, will be held...”
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“...SUPREME COURT & CONSULAR GAZETTE.
Prussian Consulate General-
Municipal Council Shanghai.
BEKANNTMACHUNG.
TVTACH dera Norddeutschen Bundea-Gesetz vom
丄N 25ten October 1867 haben alle Kaulffahrteischiffe
der Bundeastaaten, also namentlich die Preussens,
Mecklenburga, Oldenburgs und der Stadte Bremen,
Hamburg uud Lubeck voni lten April 1868 ab als Na-
tionalflagge ausachliesslich die Bundesflagge zu flih-
reu.
Diesel be bildet nach der Koniglichen im Namen des
Bundes erlassenen Verordung vom 25sten October 1867
ein langliches Rechteck, bestehend aua drei gleich-
breiten liorizontalen Streifen, von welchen der obere
schwarz, (ler mittlere weiss und der untere roth ist.
Das Verhaltniss der Hohe der Flagge zur Lange ist
wie zwei zu drei. Die Bundesflagge wird von den
Schiffen am Heck oder am hinteren Maste—und zwar
in der Regel an der Gaffel dieses Mastea, in Erman-
gelung einer solchen aher am Top oder im Want ge-
fiihrt. Ein besonderes Abzeichen in der Bundesflag-
ge oder einen Wimpel zu fiihren...”
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“...SUPREME COURT & CONSULAK GAZETTE.
153
April ISth 1868.
It is requested that only suck communications as relate to
Editorial matters be addressed to the Editor, and that they
be sent nol later than Friday.
Advertisements will be received till 10 a.m. on Saturday
No comubunicatlons can be noticed unless accompanied bg
tke name of Lheivritcr.
系邸rente nnb
Shanghai, Apiiil 18tii，1868.
Our legal readers will probably not be a! any
di伍culty in understanding the general drift of
the subject which we purpose treating undor
tlic title wliicli heads this article, namely the
Jaw of Appearances. No such tcclmical sub-
divixsion is to be found in any of the text books
which form the staple of a Law library, but
the principle which we desire to explain, forms
tlio basis of so many different dogmas, wliicli
have become the landmarks of legal decision,
:and so completely pervades tlic whole spirit of
our laws, that it may be well considered worthy
of separate and individual treatment.
Our desire is to call...”
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“...154
SUPREME COURT & CONSULAR GA2ETTK
April }Wi 編
numerous decisions of our Courts which esta-
blish that because it i« competent to a third
paity to avail himself of an error or flaw to es-
cape a liability, it is not competent for the
party in whom the flaw or error originated.
No partner can say一“ Oh I am not liable
because our deed of partnership is informal，”
the law answering simply—“ you should have
Keen to that before—you shall not now take
advantage of an error, which you may have
yourself caused, or which, when it came to your
knowledge, you might have cured.” The great
test of all liability in such matters is a simple
one. In what way have the public viewed the
matter ? and what has been done to undeceive
tlie public ?——If nothing, then the liability at-
taches——if something, then it is for a Court of
competent jurisdiction to decide on whether or
not that “ something ’’ has been and is sufficient
to enable the party asserting ifc to escape the
1 iability sought to be imposed...”
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“...April 18/7/ 1868.
SUPREME COURT & CONSULAR GAZETTE.
155
Another suggestion which has been made
with a view to supplying in Shanghai the want
under consideration is that subscriptions should
be solicited from shipmasters and others with a
view to establishing a Hospital, to be under Go-
vernment control—a course, which, though it
would be far less beueticial than such a measure
as we have suggested, may, nevertlieless, be desir-
able in the event of tlie Legislature not adopt-
ing some such course as ''e have alluded to,
either in the new Merchant Shipping Act or by
special enactment. Upon a future occasion, we
purpose recurring to this subject, when we shall
take this latter suggestion into further consi-
deration.
We regret we cannot answer the queries made by (< A
Consular Officer,” We imagine they should by rights
be made officially to fclie proper quarters.
、 H. B. M.’s SUPREME COURT.
April 9ZA, 1868.
Before Rip Edmijmd Hornby, Chief Judge.
Glover & Co. v. Driis.
Appeal from Provincial...”
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“...156
SUPREME COURT & CONSULAR GAZETTE.
April iSth 1868
they could with it in the interests of the party send-
ing it. How could they fix any liability on Messrs.
Lindaay ? There was no privity of contract, express
or to be implied, between the latter and Messrs. Glover.
Mt、. Du its must be held to,bave actcd'on liia ownj account,
and fclierc is no reason why Messrs. Glover should be
held forced to accept a bad lot of goods, because they
had accepted previous good lota which they had not
ordered. It is immaterial whafc were the particular
relations or arrangements between Messrs. Lindsay
aud Mr. Duiis, Messrs. Glover had nothing to do with
them. It is as clear as possible that the loss must fall
on Mr. Duua, and on no one else. Mr. Ilarwood has
made a good fight for it, and taken the only points
that could bo taken, but it is impossible to sustain the
judgment of the Court below, and it must be reversed
with costs, and judgment be entered for the Appel-
l'aiits.
M.
A?
H. B.
SUPREME COURT...”
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“...April ISth 1868.
SUPREME COURT & CONSULAR GAZETTE.
157
dence of the injury inflicted. After consulting for a
short time the Jury returned a verdict against Downs
as guilty on the first count, but they acquitted Bent.
Bent was accordingly dismissed, and the Court een-
tenced Downs to six months* imprisonment with hard
labour.
As the Court waa about to rise the constable return-
ed, saying that Bent thought he was not bound to go
back on board, but this Lordship issued orders that he
waa to be takea back at once.
H. B. M.’s SUPREME COURT, IN BANKRUPTCY.
April IStk, 1868.
Before Sir Edmund Hornby, Chief Judge、
In re C. Treasuke Jones.
Judgment.
I have delayed giving judgment iu thh matter as the
Bankrupt expressed a wish to go through his accounts,
with a view of correcting some errors into which he
thought he had fallen on the occasion of his last ex-
amination. These errors, if they were errors, have not
been corrected, and I understand that the Bankrupt
is not desirous of any further delay...”
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“...158
SUPREME COURT & CONSULAR GAZETTE.
April 18/A 1868
priaonmeut. The skip returned after seven weeks,
when he was put on board, and again deserted.
Hia Worship ordered him to be imprisoned for the
maximum term, namely 12 weeks, and to be kept to
hard labour outside the gaol. To be put on board in
irons if the ship arrives earlier, and kept so till tlie
&liip gets out to sea.
;ed
J ohn Greig, second mate of tlieJI/arcellus^ was cl) _
| with violent assault. He pleaded provocation. From
the evidence it appeared that the prosecutor, a boy,
alung over the ship jn wliat is known as a ^boatswain's
ladder,J, and was told to scrub at the end of .the stern,
and not knowing wliat part was meant, the Defendant
let him down to the water, on coining up from which
Complainant called Defendant by a very insulting
name, and the latter let a bucket fall upon him, which
struck him on the head, making it bleed, and causing
him to fall into the water, from which lie extricated
himself. Had he not been able...”
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“...April 廳 1868.
SUPREME COURT & CONSULAR GAZETTE.
159
Another popular error is corrected in tlie paper,
namely, that the Abyssinians are in the habit of
eating raw meat. The author says, u the Brundo or
Bnndo Festivals described by Bruce, have given
to Abyssinians tlie name of raw beef eaters. This
however is not quite correct. They eat the flesh,
'particularly a part called the Slialudah, but only
the richest and greatest among them can enjoy
that luxury. Well to do people on great feast
days kill a cow for themselves and followers ; the
poor people have it once or twice a year. ’’ The
morality of the people is of a very low order, if
indeed it can be said to exist at all. Polygamy
is recognised iu its most revolting forms ; separa-
tion in the rule rather than the exception ; and in
this latter case, a division of the children between
father and mother is regulated by custom. The
law is administered by the Fetkneguth or Statute
Book, founded on the J us tin i an code, being opened
at, random...”
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“...160
SUPREME COURT & CONSULAR GAZETTE.
April 18tk 18(58,
man stated that this sum bad been paid for three
years already, in virture of an agreement with
the manager and employes.
Mr. Carter asked what was the total amount
received from customers for Gas Fittings, and fcho
Chairman stated it to be in round numbers Tls.
25,()00, including tlie Ilongque extension ; but
this was thought by Mi\ Baker to be some mistake,
and he observed it would be impossible to answer
the question without analysing two accounts.
The Books were entirely at the shareholders’ ser-
vice. With respect to the charges for the fittings
he stated in reply to Mr. Carter, that a small profit
had been charged on the fittings bought through
Mackenzie & Co.
Mr. Carter then enquired whether it was the
started this
must be paid
dividend out
Directors’ intention to declare
of the Tls，8,322.80 profit, and in
The Chairnan stated that
year with a debit of Tls, 9,000,
first.
Mr. Tarrant then called attention to a letter
lie had written...”
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“...J / r/Z 18"，18G8.
SUPREME COURT & CONSULAR GAZETTE.
1G1
Bronght forward......1,069.95 17,346.72
„ Audit ...............,..100.00
,，Land Tax ............. 32.52
-------1,102.47
To A mount paid for damage caused
by Tar Oil, shipped per “Goa.
samer n............................ 101. L0
Tls. 18.550.29
Cr. •=
1867. Tach.
Dec. 31. By Profit onGa3 Account for year..14,817.01
fi Profit on Ga3 Fittings supplied
Customers for the year/. ... 3,061.03
” Balance carried down........... 672.25
Th. 18,550.29
Dr.
1867.
Dec. 31. To Balance at dafco..........Tls. 672.25
Examined and found correct,
Julius Bernard, Auditor.
Shanghai, 3rd April, 1868.
It was then proposed by Mr. J. Miller, seconded
by Sir E. Hornby, and carried.
That the present Directors of the Company be re-
elected.
Air. Tarrant expressed a desire to propose an
amendment with a view to introducing some
u new blood,n Sir E. J lurnby and Mr. Fitz Roy,
but these two gentlemen stating they could not
act, being already Trustees for the Debenture...”
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“...1G2
SUPREME COURT & CONSULAR GAZETTE.
April 18ZA I86H.
Mr. Hell a^d said that he hacl heard there were
a great many of the old shareholders who were
not in favor of taking shares in the new. ITe
therefore thought it better that the question should
be put plainly to the meeting, as to whether it
was in favor of winding up the old Company or of
re -constituting- the new one.
The Chatraian thought the resolution now be-
fore the meeting would fully meet this sugges-
tion, and the vote upon it would in reality amount
to such a declaration as Mr. Helland liad propo^
ed. If this resolution was not carried it im
mean that tlie shareholders were in favor of
ing the old Company wound up. The resolution
was then put, and carried by a vote of 19, four
shareholders not voting.
Mr. Helland then proposed the following,
which was seconded by Mr. Kaye :—
‘‘ That the general managers and consulting com-
mittee are hereby requested to receive applica-
tions for shares in the u Hongkong Fire Insurance
Company...”
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“...SUPREME COURT & CONSULAR 'G/VZETTE.
April iSlh 1868.
this port and Sooehow, (the barriers being too ninne-
rous to mention) aud if such are so numerous in the
limited distance referred to, it may readily be implied
how serious are the obstacles to the transit of manu-
factured goods into the more distant towns of which
this is the emporium.
北怀 Pow-kong, 內江 Na-kong f 內江 N(i-kong, 浦江 往蘇 Poo-kong- ivong-sae，
周太 爺廟 Chu-ta-yah- MiaQy Foo- chow creek. 七寶 Tsi^paou, 照票四 祥口 Sze-kong-kew, certificates examined. 馬家 石禱 Maou-kaou- sa-jaw, 閔行 Ming-hong on Wangpoot
The first four are the points of departure from
Shanghai, one of which must be passed by all boats
going to Soocliow, the other four are where the heavy
exactions are made, after leaving which innumerable
barriers intervene, at each of which a small tax is le-
vied for viseing the passes issued at one of the four
tirst named. It ia stated by native traders, that the
levies between this and the port of Soochow amount
to about ten per cent on...”
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“...1C4
SUPREME COUKT & CONSULAR GAZETTE.
April 18 认 18G8.
ready acquiescence in the appointment, on the ground
of good service performed by Mr. Viguier in the pre-
paration of a Chart of the Shanghai River, and the
interest he took in all matters concerning tire Mer-
cantile Marino during his tenure of office as Acting
Harbor Master. We aro also given to underatand
that, aa the duties of thia Port are supposed at Head
quarters to have grown too extensive to be performed
by one person, it is in contemplation to appoint aa iu-
dependaut Officer aa Conservator of the Yang-taze, and
if such ia really the case, Mr. Viguior, would, in all
probability, bo the first nominee.’’
It ia to bo hoped that thi3 change will bring some
improvomont in the lighfciug the River and approaches
to Shanghai; the latter, as we recently pointed out,
having been, up to the present time, entirely neglected.
An article which has appeared in the Pall Mall Gazette
on the subject of Kebelliona in Chinahaa occasioned some...”
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“...April 18th 18G8.
SUPREME COURT & CONSULAR GAZETTE.
165
The TV. C- Daily News lias recently published a
clever article upon the nature of Chinese life, as it
exists close around foreigners resident in tbi.s country;
but is unknown altogether ta the vast majority, who
shew an unaccountable apathy with respect to such
matters, in the course of which, it say3 :
“Let the Foreigner who intends going home in a few
mails to recruit his health, to reorganize his commer-
cial relations, or to iind a wife, employ one evening
before he steps on board the mail steamer iu examin-
ing tlie night side of Shanghai. Let him take some
competent and experienced guide, and traverse tlio
dingy streets in the Foreign settlement. He will find
himself very soon in a world of which he is sublimely
unconscioua in his daily life. He will see opium-smok-
ing iu its practical effects. He will see the hollow-
eyed saddened v,otary of the moat potent of drugs, at
first only partially enslaved, and at last deprived of...”
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“...166
SUPREME COURT & CONSULAR GAZETTE.
April. I3M J863,
ged this man, wlio had just wounded another native
officer of rank, and quicldy dispatched him, severing
his head from his body. Almost all the damage to
the encort was therefore done by the other man, and
a proof is here afforded to us of wliat one determined
and skilled Japanese swordsman ' can do, and at the
same time of the utter helpleaneas of lancers as au
escort. The lance is doubtless the queen of weapons
for a cavalry soldier in the open field, but in a nar-
row street, a lancer, encumbered with a weapon
worse than useless to him, is about as helpless as lie
looks imposing. Some of the poor fellows were badly
hurt, one having the knee joint cut through and the
wrist of another being almost severed. We are glad
to know, however, thfit all are doing well. The Samu-
rai was excuted on the 27th March.n
The other Ministers waited some time for Sir Harry,
but finding he did not arrive, had their audience with
the Mikado, Sir Harry...”
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“...167
STJPBEME COUKT & CONSULzkB GAZETTE.
April 應 1868.
the Nienfei, though that might be regarded as a very
laudable effort iu Europe, yet in China it would almost
certainly appear to be a sacrilegious interference with
district self-government, and a proof tliafc they aspired
to obtain supreme power.
The Mahomedan rebels fti the North have given more
trouble to the Chinese Government, thQugli even they
do not affect any more of the country than the pro-
vinces of Shensi and Kansuh. Some time ago we point-
ed out to our readers the exact state of matters be-
tween the Celestials and their Moslem subjects Since
then the only change which, has taken place in the
state of matters is that the territory in the north more
Chinese has been more strictly defined from
ch is Mohamedan. In Shensi, and a great part
of Kanauh, the Imperial Govarnraent lias obtained the
r hand, and put down the Mohamedan rebellion ;
e same time it has lost its colonies in Ili, where the
people are entirely Moliamedan...”
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“...168
SUPREME COURT & CONSULAR GAZETTE.
April 18认 18GS.
M ETEOKOLOG 1CAL TABLE. — WOOS UNG.
I Time W tr.
Date. " 7/ 7>, on
I \Wter\Bar.
April, ! i \
11 LAV A.M11.2C 12.00
11 II. W p.m 3.07 20.0G
12 L.W a.m 11.5012.08
12 II.Wp.m
13 L.W r.M
13 U.AV p.m
14 L.W p.m
14 ILW p.m
15 H.AV a.m
15 L.W p.m
15 li.W p.m
16 II. AV A.ai
16 L.W p.m
17 II. W A.M
17 L.W p.m
3.5719.10
0.1612.0G
4.35 18.03
0.3413.02
4.5218.00
5.5618.10
1.20 13.06
G.07 16.08
6.3617.1]
2.5813.02
8.1618.02
4.2013.05
。p:405810020451: :00:37:30"
dGUVft^•5.G.5.7.5.G.. .7.7..7.•
Wind
WbyN 2
N N E 7
N N Wi 4
NbyWj 3
SE^ys 3
s Eby a 3
Nwbyw 2
Z I 0
z 0
E by S 2
S S E 3
S S E 4
S W I 1
E by S 1
East 3
8 2 6 6 3 oo o o 8 4 4 4 8 8 8—
1113311111
3.76 533 oo 31344234;
II I Bar.1 g
I
..c. 29.9869
4r. 29.99 56
.'c. 30.3056
..b. 30.26 55
..r. 30.1253
4'r. 30.0G55
..|c. ,30.10 60
..'o. 30.0? 58
..m 30.1152
..b.!30.12G8
..:m；30.0SG2
..!c. 29.99 58
..'m 29.96 76
..m 130.07 71
..c. |30.03似
Hongkong; 12th, Nanzing str., Tientsin; Niagara, Sydney；...”
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“...SUPREME COURT & CONSULAR GzVZETTE.
PUBLIC AUCTION.
fT^IIE Undersigned have received instructions
I to sell by Public Auction, within their
office No. 7, Foocliow Road, on Tuesday the 21si
instant, at 3 p.m., the plot of Ground, situated
in Peking Road, registered afc the British Con-
sulate as Lob No. 117, register No. Ill, measur-
ing 5 mow or thereabouts, with the various
buildings thereon, at present in the occupation
of Messrs. Maertens/ Latham & Co., Messrs.
Wm. B6me & Co. and William Kidner，Esq.
For plans and further particulars, apply to
MACLEAN, THORBURN & Co.
Shanghai, 4th April, 1868.
PUBLIC AUCTION.
In Bankruptcy.
r Jundersigned have received instructions
H from the Official Assignee of tlie Bank-
i'upt Estate of Edmund Warden, Esq., to sell by
Public Auction, within their Offices, No. 7,
Foocliow Road, on Tuesday the 21s6 instant, at
3 in the afternoon. Two lots of land situated
in Hongque, and registered at tlie British. Con-
sulate, as
M.F.L.H
Lot No. 307, Subregister, No...”
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