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“...be no longer in force, in
accordance with the 85th Section of the Queen's Order
in Council of 1865.
RUTHERFORD ALCOCK.
British Legation,
Pekin, June 4th, 1868.
H. B. M. Supreme Court.
H. B. M.'s SUPREME COURT FOR CHINA AND
JAPAN.
NOTICE.—The sittings of the Court for hearing
Ordinary Civil Cases during the month of July
next, will be held on Wednesdays the 1st and 8th; and
for Motions, Applications, &c., on every Tuesday and
Saturday of that month respectively.
The Vacation will commence on the 15th of July and
terminate on the 15th September 1868, during which
period the Supreme Court will hold no sittings for
hearing Ordinary Civil Cases.
The Court for hearing Summary Civil Cases, the
Bankruptcy Court, and the Police Court, will be open
during the Vacation.
Shanghai, 17th June, 1868.
IN HER BRITANNIC MAJESTY'S SUPREME
COURT FOR CHINA AND JAPAN.
COURT OF BANKRUPTCY.
In the matter of Alexander Mason, a bankrupt.
Shanghai, \st day of June, 1868.
WHEREAS at an adjourned public sitting of...”
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“...SUPREME, COURT & CONSULAR GAZETTE.
H. B. M- Supreme Court.
IN HER BR1 TANNIC MAJESTY'S SUPREME
COURT FOR CHINA AND JAPAN.
ON and after the July all Motions or Applica-
tions for Rules or orders, ex parte or on notice
must be made in Court unless otherwise ordered, and
such applications must be when necessary accompained
by affidavits in support thereof and copies of such
affidavits must be filed in the office of the Court before
they can be used or referred to, and all counter affid-
avits to be used on shewing cause against any motion
&c. must also be filed before they can be read in Court*
The Court will sit twice a week I. e. on Tuesdays and
Saturdays for the hearing of all Motions &c. at 11 a.m.
BY ORDER.
Shanghai, 1st day of June, 1863.
IN HER BRITANNIC MAJESTY'S SUPREME
COURT FOR CHINA AND JAPAN.
IN BANKRUPTCY.
In the matter of John Dent, Francis Chomley,
Henry William Dent, Alexander Turing
and Hans Peter Hanssen, lately trading in Co-
partnership as Merchants under the Style or...”
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“...June 20th 1SGS.-
SU PREME COURT & CONSULAR GAZETTE.
267
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.
A dvertisements will be received till 10 a.m. on Saturday
No communications can be noticed unless accompanied by
the name of thewriter.
Supreme €mxt anb (ffoiwnlar fceiie
Shanghai, June 20th, 1868.
The unexpectedly high prices paid for Tea and
Silk on the opening of the markets for the
season, have been a subject of wonder to many,
and seem to point to some revulsion in the
course of trade. It was well known to most of
the exporters of the former article, that never
could the Chinese have afforded to lay it down
at a cheaper rate ; the weather had been favour-
able, the crop was all that could be desired,
while copper cash ruled at a lower rate than it
had done for many years ; in fact, from Tls. 28
to Tls. 30 for choice chops, would have paid the
Chinese handsomely. Yet we find that...”
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“...266
SUPREME COURT & CONSULAR GAZETTE.
June 20 th 1868.
Empire. The accounts which are now given of
the state of affairs in the South West Ueud a
significance to this partial dismemberment of
the Chinese Empire, which at the time it did
not appear to possess. The Province of Yunnan,
the extreme south westerly corner of China,
and bordering upon Cochin China, has become
completely subdued by the Mahomedan ftebels,
who, according to the statements of the French
travellers, appear to have established efficient
rule and government, and to be able to maintain
order and security in a satisfactory manner.
Their progress does not, according to the ac-
counts given, bear any analogy t6 that of the
Taiping and Nienfei marauders, who lacked suffi-
cient organization to continue long without de-
generating into merely a large wandering band
of robbers. The Mahomedans proceed slowly
but surely ; bloodshed is avoided as much as pos-
sible, and the invaders are actuated by an evident
desire not only to...”
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“...libel in a private communication
not in a public paper.
The Defendant also pointed to Rex v. Reeves, where
it had been laid down that criminal intent must be
shewn, bub
His Lordship said, that if that is an authority for
the position assumed by you. which he doubted, it
certainly was not the law as it stood now.
The Jury retired for a short time, and returned a
verdict of guilty.
His Lordship 'refrained from delivering sentence
till after he had heard the case of Regina v. Tarrant.
H. B, M. SUPREME COURT.
June 15th, 1868.
Before Sir Edmund Hornby, Chief Judge.
and a Jury, consisting of Messrs. Bissett, Wlieeley,
Pevine, J. Maitland and Bo wen.
Rkgina v. w. Tarrant, at the instance of Fred.
J, Barnard. Charge of Publishing malicious Libels.
Mr. Bird appeared for the Defence.
The Prosecutor conducted his own case.
The charge having been read,
Mr Bird made a preliminary objection to the in-
dictment as insufficient and bad in Law, as two dis-
tinct offences were included in one count. There...”
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“...268
SUPREME COURT & CONSULAR GAZETTE.
11 >y (laughter). I went before coming here to Japan.
L staid about ten days in Shanghai, and was treated
very kindly by all the people 1 called on. I had in-
troductions to all of importance. ,
Mr. Bird here asked the witness whether he was
aware when he came to Shanghai of there being some
obnoxious placards. The witness again objected to the
question as irrelevant, but His Lordship stopped him,
stating he might be perfectly satisfied the Court would
stop the learned Counsel if he were out of order.
Witness then replied : I was not aware when I first
came to Shanghai of any obnoxious publication. I ne-
ver saw any squibs about. 1 have been troubled with
some of these squibs sent down to Hongkong, and I
sent word to Mr. Rennie to prosecute. I had conver-
sations with Mr. Pollard and others, and they all ad-
vised me to prosecute. The morning I received them, I
went to shew them to Pollard, and he said "Its
scandalous. Send up to Rennie or My burgh...”
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“...you a small sum. To be twice
a hero in a man's life time is too much for weak, erring
human nature ; to be twice a martyr would be to earn
two triumphs. You are fined $30, and costs.
To the defendant Jones
His Lordship said : I agree with the verdict of the
jury. However much you may desire notoriety, or
think that by being libellous you may increase the sale
of your paper, you are too young in slander to make it
necessary for me to pass any severe sentence. I fine
you $25, and costs.
H. B. M. SUPREME COURT.
June 17 th 18G8.
Before R. A. Mow at, Esq.
Regina ?;. R. S. Gundry, Editor of the North Chi-
; na Da'dy News, at the instance of W. Tarrant.
The Prosecutor in person.
For the Defendant, Mr. Rennie. Charge, publishing
libellous matters.
The Defendant pleaded not guilty.
Before the proceedings commenced, Mr. Rennie
took an objection to the Law Secretary presiding at
the Court, as by Rule of Procedure 309 that officer was
ex officio Prosecutor for the Grown. He (Mr. R.) did
not consider therefore...”
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“...SUPREME 001 ART & CONS I'LA R GAZETTE.
Jan- 20Ih 1808.
His Worship said he thought he remembered having
heard something about the "solitude of a cell "—
The Prosecutor. — Yes, that would be right enough
in a serious libel; but Mr. Barnard did undoubtedly
attempt to impute evil to the prosecutor, speaking as
he did of two or three years' imprisonment; whereas
the Law said nothing about three years' imprisonment.
The words used by Mr. Barnard that " these men had
no fame or reputation," and that they were " libellous
and contemptible beings " were slanderous, and calcu-
lated to cause a breach of the peace, and were design-
red to injure the prosecutor. There was another point
that was noticeable. Mr. Barnard had threatened to
*ue the prosecutor for damages in $1,000, the case be-
ing set down for trial on the 30th of this month, the
grounds being the trivial affair about Sphynx Dizzy\
and the remarks made might tend to forstall the deci-
sion of the Jury by holding the prosecutor up to con-...”
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“...272
SUPREME COURT &
far as the Chefoo properties were concerned, that right
still remains ; and that Mr. Meadows' acts in that year
did establish such an equitable right I feel satisfied.
I cannot therefore consider the second objection of the
assignees more valid than the first.
With reference now to the motion itself I shall, un-
der present circumstances, make an order directing the
Creditors' Assignee of the Estate of J. A. T. Meadows
t© pay to Mr. Mowat, for the Trustees of Dent & Co.'s
Estate, the whole of the proceeds of the land and
house property of the said J. A. T. Meadows at Che-
foo, or so much of the said proceeds, as will satisfy
Messrs. Dent & Co.'s claim.
J. MONGAN.
Consul and Judge of the Court.
The following despatch covers the Rules agreed
to by the High Authorities at Peking for the
Joint Investigation in cases of Confiscation and
Fine by the Custom-house Authorities. The
United Stated Minister has forwarded an identi-
cal copy of Rules to Mr. Consul General Seward...”
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“...274
SUPREME COURT & CONSULAR GAZETTE.
June 20*7rl868
The merchant to whom the ship or goods belong, if
prepared to maintain that the alleged irregularity has
not been committed, is free to appeal, wit Lin the limited
time, direct to the Commissioner, who is to inform the
Superintendent.
If satisfied with his explanations, the Superintendent
will direct the release of the ship or goods : otherwise, if
the merchant elect not to app al to the Customs, or if,
after receiving his explanations, the Superintendent still
decline to release the ship or goods, he may appeal to his
Consul, who will inform the Superintendent of the particu-
lars of this appeal, and request liim to name a day for
them both to investigate and try the case publicly.
RULE III.—The Superintendent, on receipt of the Con-
sul's communication, will name a day, for meeting at the
Custom House, and the Consul will direct the merchant '
to appear with his witnesses there on the day named, ^nd j
will himself oil that day proceed...”
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“...276
SUPREME COURT & CONSULAR GAZETTE.
June 20/// 1868.
the additional protection of the obligee from risk of
loss." A"d further on he adds, as in some degree ac-
counting for the fact of unvarying ill success, that
Chinese Law or " judicial practice whilst admitting the
liability of a surety for the acts and defaults of his
principal for all the obligations entered into by the
latter, is nevertheless always careful to treat a surety
when involved through the misconduct of his priuci-^
pal with peculiar lenity,—and will not allow of his be-
ing prosecuted or pressed until the ability of the prin-
cipal to make good any defalcations for himself is des-
paired of, no matter how stringent or how positive the
terms in which the guarantee may be drawn up "
Well, such being the law and the practice of China,
as has now been authoratively declared, I simply
gave it as my opinion that the ( onsuPs exposition of
the conditions which limit the value of Security chops
was a fair one, and applicable...”
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“...Hankow to Ningpo. The lat-
ter was sunk and several lives lost.
Three libel cases have occupied the attention of the
Supreme Court during the past week. We give reports
of tliem in the usual place. Two of them were brought
by Mr. Barnard, Barrister at Law, against the Editors
of the Evening Express and Friend of China respective-
ly, the results being verdicts against the defendants,
and the former was fined $25, the latter $30. As
a supplement to these, an action was brought by Mr.
Tarrant, Editor of the Friend of China, against the
Daily News, the complaint lying against the repbrfc, by
the latter journal, of the preliminary investigation in
the above trials for libel. The sitting Magistrate dismis-
sed, the case ; but the plaintiff intimated his intention to
appeal from this decision. A number of other similar
actions have been threatened, four we hear in the
Supreme Court and one in the Court of the United
States Consulate.
The members of the French Expedition from Cambo-
dia through...”
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“...J'VII 2Vh 18)3. SUPREME COURT & CONSULAR GAZETTE.
COMMERCIAL. (
Shanghai, Friday Evening, 19/A June, 1868.
Imports.—"We mentioned in our last report, the ar-
rival of three ships from England, and we have now to
report that of the Challenge, Coral Nymph, and o/
Aberdeen; also the steamer Diomed from Liverpool with
piece goods, in consequence of which our market has
been very quiet during the last week, and lb, Grey
Shirtings have changed hands to a very small extent
at prices ranging from Tls. 2.2.5 to Tls. 2.2.8 for
best Eagle chop. 7 lb. Shirtings may be quoted at
Tls. 1.8.6 to Tls. 1.9.2 ; 7 lb. T-Cloths are in good de-
mand at Tls, 1.8.0 to Tls. 2.1.2, the latter for the best
Mexicans. In White Shirtings, the market has been
extremely quiet, and a few sales have been made at
five candareens under our last quotation. Of Long
Ells about 4,000 pieces have been sold during the week,
principally GPH Scarlet, at Tls. 6.8.5. The stock of
Lead is now reduced to about 3,500 piculs, and is still...”
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“...280
SUPREME COURT & CONSULAR GAZETTE.
June 20tli 1808.
SHANGHAI SHIPPING.
Arrivals.—12th, The Cedars, Newchwang; Gustav,
Chefoo ; Alma, Nagasaki; La Brethen, h. l. m. g-. b., Taku
via Tientsin. 14th, Manchu, str., Tientsin ; Diomed, str.,
Liverpool. 15th, Ellora, str., Steep Island ; Hope, Tien-
tsin. 10th, Slianse, str., Tientsin ; Lizzie Allen, N ngpo;
Eliza Shaw, Hankow. 17th, Challenge, Liverpool; Coral
Nymph, London ; City of Aberdeen, London ; Mercator,
Cardiff ; Nangato, str., Fishermans' Island ; Mona, str.,
Hongkong; Amur, Newcliwang ; Phase, str., Yokohama;
United Service, str., Hongkong. 18th, Nipon, New-
chwang; St Mary, Newchwang ; Prince Kung, str., Foo-
chow; Maud Helen, Swatow; Flying Buck, Singapore,
&c.; Douglas, Freemantle. 19th, Cadiz, str., Yokohama;
St Paul, Chefoo ; Mikado, Newchwang; Helen Nicholson,
London.
Departures.—13th, Titania, London ; Serpent, Tien-
tsin. 14th, Nanzing, str., Chefoo and Tientsin; Flying
Spur, Foochow; Mogi, Nagasaki; Shenandoah, U.S.-8....”
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“...SUPREME COURT & CONSULAR GAZETTE.
NOTICE.
MR. John Irwin Miller of Shanghai was admitted
a Partner in our business carried on here, under
the firm of Jar vie, Henderson & Co., and in Shang-
hai, under the firm of J. Jarvie & Co., as on the 1st
January, 1867, and Mr. Fullarton Henderson has
been authorized to sign the latter firm.
JARVIE HENDERSON & Co.
Glasgow, October, 1867.
NOTICE.
f I^HE interest and responsibility of Mr. Emil Maintz
S- and Mr, James Wheat ley, in our firm, ceased
on the 30th ultimo, and Mr. Frederick 0. Adams and
Mr. Leopold Kaiin are admitted as partners from this
date.
REISS & Co.
Shanghai, 1st May, 1868.
Monthly Periodical.
" NOTES AND QUERIES ON CHINA AND JAPAN.
Edited by N. B. Dennys.
Price $6 per annum.
IN Issuing a Monthly Periodical devoted to Eastern
subjects, on the plan of that which, under a similar
title has proved so popular during a long series of years
in Great Britain and America, the publishers have been
encouraged by the already large and constantly...”
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