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“...SUPREME COURT & CONSULAR
GAZETTE，
And Law Reporter for the Supreme & Provincial Courts of China & Japan
Yol. Ill
SHANGHAI, SATURDAY, 4th APRIL, 1868.
]N〇. 66
CONTENTS.
Leading Articles. Page.
Claims for Damage to Cargo................ 133
The Tonnage Dues and the Lighting of the
Coast and Rivers,......................... 134
Cases in H. B. MVs Supreme Court.
Okoolooff, Tokmakolf & Co. and Ivanoff,
Oberin & Co. v. Jardine, Matheson & Co.... 134
Criminal ： Eegina v. Woods,.............. 137
Page.
Casein U. S. Consular Court.
Neale v. Roberts,.........
News of the Week,...........
Commercial Summary,.........
Shipping,...................
Quotations, &c.y &c.........
137
138
14〇
140
140
NOTIFICATIONS
H. B M. Supreme Court.
H. B. M.Js SUPKEME COURT FOR CHINA
AND JAPAN.
"jVTOTICE.—It is hereby notitied that the sittings of
J i the Court for hearing ordinary civil cases during
tlie montli of April next, will be held on Tuesdays, the
Ith, 21-s^ and 28/A days of that month...”
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“...SUPREME COURT & CONSULAR G AZETTE.
Consulate General of Sweden and Norway. PUBLIC AUCTION.
Consulate General of Sweden
and Norway,
Shanghai, Marcht 1868.
/^IXJSTAVUS MYHRBEKG, of Stockholm, is liere-
vJ by informed that a sum of money due him from
the Estate of liis late brother, Major Augustus M.
Myhrberg, well be paid to him or liis representative
on application to tlie Executor of the Estate, Mr. A.
H. Ramsay, of the High Court of Justice at Stock-
holm. _
Any person who can given any information respect-
ing the above named Gustavus Myhrbekg is request-
ed to communicate with the Undersigned.
F. B. FORBES,
Consul General.
British Consulate Tientsin.
HEK KRITANNIC MAJESTY’S CONSULATE AT
TIENTSIN.
WHEREAS it is provided by the. 25th Section of tlie
Queen’s Order in Council of 1865 for the Go-
vernment of Her Majesty^ Subjects in China and
Japan that any person acting temporarily with the
Approval of Her Majesty’s Minister in China as and
for a Consul General or Consul holding...”
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“...April Uh 1868.
SUPREME COURT & CONSULAR GAZETTE.
133
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 loill be received till 10 a.m. on Saturday
No com/nvmicaMons can be noticed unless accompanied by
the name of thewriter.
Sw:jrcmc anb CoiTBidar
Shanghai, April 4th, 1868.
An important question has recently been
brought before the notice of the public in re-
ference to the liability of shipowners for damage
caused to Tea upon the voyage home; upon
wliicli, for various reasons (chiefly because the
question bore an analogy to one which, in the
cases of OkoolofF, Tokamkoff & Co. and IvanofF,
Oberin Co. versus Jardine, Matlieson & Co.
was about to come before the Supreme Court,)
we have hitherto refrained from commenting.
As the matter is one in which the mercantile
public is deeply interested, we tliink it desira-
ble, altliough at a somewhat late date, to lay
before our...”
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“...m
SUPREME COUET & CONSULAR GAZETTE.
April 4t7i 18C8
now that this fact lias been definitely ascertain-
ed, it will be well for sliipmasters .to be uf)〇n
tlieir guard as to wliat Ccai^|oes they put in juxta-
position with Teas. We understand that as a
matter of fact，there is no difficulty in proving
the iiijury inflicted by tlie fumes; and if such
injury be received, and the Captain can rea-
sonaLly be supposed to know that wines or otlier
cargo taken on board are likely to cause it,
there can, we think, be little doubt that lie would
be liable for the damage.
About two years ago, acting under considerable
pressure from without^ and at tlie urgent advice
of Mr. Fitz-Koy, then acting Inspector General
of Customs，tl】e Chinese Government agreed to
lay by tlie sum of TJs. 3,000 per month out of
the Tonnage Dues collected at this port to form
a fund for the erection of a new lighthouse at
tlie entrance of the Yangtsze，tli e improvement
of tlie existing liglits, and tlie better aiTangement...”
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“...AiMl 4：th 18G8. SUPREME COURT & CONSTJLAll GAZETTE. 135
stowage, especially as the oil was packed in fragile
baskets.
The Defendants would no doubt contend that tlie
accident resulted from the perils of the sea, but tlie
learned Counsel would call the Jury^ attention to an
important distinction. It was true the oil might not
have got adriffc but for the bad weather ; but if tlie
order of the stowing of the cargo had been reversed,
iiotwithstiaiKliiig the bad weatlier, tlie damage would
not have occurred. The law always looked to the
proximate before the remote cause, and tliat, in this
case, was the oil, which it would seem in liis
anxiety to get away, the master had stowed defective-
ly. Tlie learned Counsel then quoted from INlaclaclilan
on Shipping, p. 359, and from x4.bbott, p. 250, to shew
that the responsibility of proper stowage rested with
tlie Master ； and alluded to Alstonv. Herring, 11 Excli.,
p. 822, as explanatory of the nature of the ship’s
liability when the proximate cause...”
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“...136
SUPREME COURT & CONSULAR GAZETTE.
April Uh 1868.
perly liable, as lie contended the proximate cause of
the damage in the case before tlie Court was tlie peril
of the sea, that being the cause which immediately
produced the accident.
In conclusion lie stated he would be able from the
evidence to substantiate three points, tirst that. every
precaution was taken in the stowage of tlje cargo ；
secondly that Messrs Trautmann & Co. could not ob-
ject to the presence of the oil, seeing that they shipped
it themselves, knowing the Tea to be on board ； and
lastly that the cause of the damage was in the nature
of perils of the sea ; the water striking tlie oil baskets
having produced the disaster. He believed the (^ourt
would direct tlie Jury to the ejffect that the proximate
cause of the damage was in. tlie nature of perils of the
sea ； and the matter of fact for tliem to decide was
whether there was sufficient evidence of negligence to
induce them to attribute to it the damage wliicli had...”
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“...oil on the main deck and
precautions might be taken to render it safe to take
oil on the upper deck. It would be for the Jury to
decide whether in stowing the oil above the Tea,
the Captain of tlie Glengyle exercised a sound judg-
mcnt，or wlietlier, as appeared /ade, it was an
imprudent and dangerous tiling to take the oil and
tea as they were stowed.
The Jury returned a verdict for the Plaintiffs ;
which was by consent held to apply to both cases, the
facts being alike in each.
H. B. M.Js SUPREME COURT.
March 29^A, 1868.
Before C. W. Goodwin, Esq.
Kegina v. Woods.—Charge of assaulting W. H.
Tapp, H. B. M. Shipping Clerk.
Mr. Myburgh appeared for the Crown.
Mr. White rose and begged to apply for a post-
ponement of the case. The counsel who had under-
taken to defend the pi'isoner had informed him it was
impossible for him to attend to-day. Mr. White him-
self was only acting as solicitor in the case, and had
not prepared himself on the legal points, which had
been left to the counsel...”
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“...138
SUPREME COURT & CONSULAR GAZETfE.
April 4：th 1SGS
agreed on after one or two months, service, that no
such agreement was arrived at, and that lie was dually
discliarged in January last, and an account rendered to
liim iu wliicli his wages were set down at the r;ite of
Two Hundred J)ollars a month, thn.t lie then objected
to tlie rate, and the Defendant refused to pay him
more. He therefore claimed tlie amount acknowledg-
ed ia tlie account, and Fifty Dollars a month addition-
al.
The Defendant declared that the agreement origin-
ally made was that he should pay Piaintiff at what-
ever rate lie, tlie Defendant, should consider fair, that
subsequently, say in May intervening, he directed liis
book-keeper to enter in his book tlie Plaintiff’s wages
at Two Hundred Dollars a month, tliat lie did so,
that Plaintiff was so informed, and thcat The made no
objection to tlie rate until lie was iinalty discharged.
Evidence was given touching tlie extent of the De-
fendant shop, the rate of...”
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“...tlie na-
tive officials to send away a number of tlie Cantonese
riffraff in the setlements, which on the 29fcli & 30th inst.
were searched by tlie Chinese authorities and the po-
lice for the Cantonese thieves and Leggars, wlio, as
caught, were taken to a Police Station and detained
until the above named vessel was ready to sail, wlien
tliey were marched down to the Bund, placed in boats
and taken to tlie ship.
Per Steamer Suwonacla we note, the return of Sir
Edmimd Hornby, Chief Judge of the Supreme Court.
The following passengers have arrived during tlio
week ： per Nanzxng, from Tientsin, Mcarcli 29th, Mr.
Cable ; per Glengyle frora Newchwang, Messrs. Bruce,
Gudand Plaff; per Aden, from Yokohama, April 1st,
Messrs. Rutherford, Gracie, Lovell, Pteeves, F, Foster
and W. Rogers ; per Osakay from Nagasaki, Messrs.
Fobes and Dickman. The foil owing have departed :
per Cadiz, for Y okohania, March 30th, Messrs. Carles,
Hudson, Stil 1, Vernedo and De Solla Troupe ; per
Douglas, for Hongkong,...”
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“...100 Taels.
On Bombay.一Bank 3 days’
sight, E,s. 300 per 100 Taels.
On Hongkong.—Bank 3 d/s. 27 J diset.
Private, 15 cl/s. 27| ,,
BULLION :—
Gold Bars, Pekin. —Tls. 168.6 perbarTls. 10 weight
Mexican Dollars.一Taels 73.6
Carolus Do. Taels 75.6
Copper Cash.—1,460 per Tael
FREIGHTS:
To London.一Tea £3.0.0 per Ton.
H. B. M/s SUPREME COURT FOR CHINA
AND JAPAN：
Cause for Hearing.
Tuesdayt 1th April, 1868, at 11 a.m.
G. J. W. Cowie v. David Sassoon, Sons & Co.—
Claim of Taels 5,254.79 on accounts stated.
Thursday, ^th April, 1868, at 11 a.m.
Alum v. Hogg Bros.一Claim of Hankow Tls. 395.44
balance of account.
Printed and Published at Ko. 23 Kiunyse Hoad u
SUPREME COL'RT & CONSULAR GAZETTE.
NOTICE.
TV/TR. John Irwin Miller of Shanghai was admitted
1VL a Partner in our business carried on here, under
the firm of Jarvie, Henderson & Co., and in Shang-
hai, under the firm of J. Jarvie & Co., as on the 1st
January, 1867, and Mr. Fullarton Henderson hcas
been authorized to sign the latter...”
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