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Colonial Cases

Minor cases 1867

The Sydney Morning Herald, 17 April 1867

CHINA.

(From the Overland Mail, March 1).

   Another European pirate has met with condign punishment at Shanghai.  The News states that at the Mixed Court on February 22nd, Jesse King was brought up charged with being engaged in the piratical expedition for which Smith and Caleby had been sentenced to two years' penal servitude. The prisoner had already acknowledged his guilt.  In consideration of the evidence he gave enabling those two men to be more readily brought to justice, H.B.M. Consul recommended his Excellency the Taotai to pass on him the mitigated sentence of penal servitude for six months, with deportation from China at the expiration of his term.  Sentence accordingly. [Also The Goulburn Herald and Chronicle, 24 April 1867]

 

The North-China Herald, 22 July 1867

U.S. CONSULAR COURT.

JOSEPH W. ALLEN, lately doing business in Shanghai, under the form name of Allen & Co., has been fully discharged from his debts, under the Bankruptcy Decree for United States Citizens in China.

 

The North-China Herald, 31 August 1867

LAW REPORTS.

H.B.M.'s SUPREME COURT.

August 27th, 1867.

Before R. A. MOWAT, Esq.

J. Newman, a seaman of the Polmaise, was charged with furious riding and damaging a trap to the value of Tls. 10.  It was shown by the evidence, that a trap was sent out on 21st instant by Mr. Smith of the Astor House in charge of his European servant, and he (the coachman) stated that while driving down the Woosung Road, he met the defendant with three others on ponies, galloping in the usual reckless manner of sailors, and although he pulled up on the side of the road, the defendant ran into him and broke the end of the shaft off.

The defendant admitted the charge and was ordered to pay the amount of the damage.

JOHN DAVY was charged with assaulting R. Hopcroft on board the Kew-Kee on the 13th April last.

The plaintiff stated that the defendant knocked him down whilst on board the ship, which defendant denied, but evidence was given in support of the plaintiff's case and the Court fined Davy $10 and costs.

 

The North-China Herald, 24 December 1867

SUMMARY OF NEWS.

We were glad to notice that, at the Mixed Court, last week, the sitting Magistrate expressed a determination to punish severely, in the frequent cases that arise where a Chinaman, without money, has entered into a speculative contract to buy goods, and repudiates it on a falling market.  In the case in question, Chen justly said, it was no use to insist on the man fulfilling his contract; because he could not.  But even the bargain money was not forthcoming; and, in the event of this not being paid at the end of a week, Chen ordered the defendant to be brought to his yamen in the city, and there to receive a hundred bamboos as a warning against similar reckless trading in future.  Chen has long been connected with the Mixed Court; first in its criminal sittings, and subsequently, as Haefung, in civil cases; and has earned the respect of his foreign associates as an upright judge.  We sincerely hope to see him appointed to the post of Magistrate in the foreign settlement, when the new Mixed Court comes into play.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School