728510-1843-26-Jan-1843 — Page 3

THE FRIEND OF CHINA AND HONGKONG GAZETTE.

GENERAL HAELING-It having been ful- ly ascertained, to the entire satisfaction of the imperial mind, that the Tartar General Haeling, voluntarily sacrificed his life on account of the loss of the city of Chinkeang- fot, the Emperor, in a late Gazette, issues detailed directions for the highest honours to be paid to his memory, and i mfunificent favours to be shown towards his wife and all his relations.

lations. A splendid Temple, in commemoration of his virtues, and his un- exampled bravery is to be forthwith erected at Chinkeangfoo, and a tablet, with his name inscribed by the Emperor's own hand, is to be suspended in the Hall of the prin- cipal Temple at Pihking.

THE American merchant Ships LINTIN and LEMA, belonging to the Amer firm of Messrs Russell & Co., have both been re- cently sold to the Provincial Authorities of Canton. They are to be armed and man- ned and added to the Chinese Navy.

TAL 40

MR. EDITOR

Sir,

ENG:

BOMBAY.

SUPREME COURT.

McIntran, veraus „HEWRJEEBnor RusToMJEE. On Saturday the 10th instant, Mr. Howard applied oxparte for for a writ of Ne sweat regno to be issued against the Defendant in this cause, on an affidavit verifying the Plaintiff's demaid, and stating that the Defendant was about to leave Bombay, on the follow. ing day on the ship Inglir for China.

The Court after hearing writ-adding that they would entertain a motion to g the affidavit, granted the discharge the writ at any time in the course of the dayanakua hang

179

competent tribunal. Now altho' in this cñas, many "of the statements made by the Plaintiff aro rather n- wakening, especially as to the mode in which he was forced into Court, and an him by the Judge-I think it is our duty to presume, arbitrator" imposed upon until the contrary be shown, that the Portuguese cost proceeded in conformity with their law. According to English jurisprudence it is of the casence of judgment by arbitration, that the litigating parties should freely consent to the mattor being reforrod, and very largo discretionary powers, both over law and facts, are arily selected by the parties themselves. But in ex- therefore given to arbitrators as being judges, volunt. amining the procedure of a foreign Tribunal, it is ne- ved to discharge the order for the writ the motion technical rules, and if the Portuguese law authorizes In the course of the day the Advocate-General mo. Cessary to divest one's mind of all attachment to mere was opposed by Mr. Dickinson on behalf of the Plain the Judge to drive the parties into arbitration against tiff several authorities were cited on both sides, and their consent, I cannot say that the practice is so con- the Court took time to consider the questions raised,

trary to first principles, as to induce us to consider all On the 12th instant Sir Erskine Perry delivered the the proceedings, which have been based upon it, a nul- Judgment of the Court to the following effect:

lily. Again it does not appear but that the Plaintiff tiff, on Saturday, for the writ ne exeat regno, the effect urging all the facts he brings) forward here, before the In this case, an application was made by the Plain hud an opportunity of stating his case in person, and of which is to compel the Defendant to give security arbitrators, and as he is telling his own story, and is to the amount of the Plaintiff's demand not to quit the silent upon this subject, it is too much to call upon us jurisdiction without the leave of the Court. The cir. to presume that the arbitrators made their award with- cumstances rohed out by the Plaintiff, are in substance,

out having fully heard him or his agent. But if the as follows. In April 1840, the Plaintiff Melattre, be arbitrators did-fully hear the case if they heard both ing then in command of the barque Ardaseer which Plaintiff and Detendant, and the witnesses in the cause, was at anchor off the island of Macho, falen with with all the local advantages which always must attend Opium went on shore, and by verbal contract agreed a trial on the spot, I should be very unwilling to admit Defendant Heereebhoy, 60 Chests of that their bona fide decision, however much it might Mater for Cash on delivery. The clash with my own views, was examinable in this Court. Chekchu, January 16th, 1843. Opium was to be delivered at: Tongkoo, which is about. And on this point it will not fall to be observed, that 3 or 4 hours' sail from Macao, and on board a recei. the arbitrator nominated at least (if not freely chosen) ving ship there lying, belonging to Heerjeebhoy, Heer by McIntyre, joined in the award against him, and Lyons, the captain of his receiving ship, and Mcintyre | other distinct grounds however, on which it is contend- jeebhoy accordingly gave him a sealed note to one

that the umpire was never called in. There are two proceeded there on the same day, with his vessel, and ed that this suit is maintainable; first of all. because the Opium on board.-McIntyre gave Heerjeebhoy's Melityre was not liable to the Jurisdiction of the Por- letter to captain Lyons, and offered to deliver the Opi- ngucse Court, secondly, because the judgment was um also, on receiving cash or securities, but the cap. obtained by fraud. tain refused to accept the Opium on such terms, having, Undoubtedly either of these objections to the validity as he alleged, received no orders to that effect from of a foreign judgment, is sufficient to warrant an Heerjeebloy. McIntyre thereupon informed him

I him that English Court in entering into an examination of it, he should remain et Tongkoo a few days, and that the and I am of opinion that both are sufficiently raised captain had better communicate with "Heorjeebhoy. on the Plaintiff's affidavit, to entitle him to put the The captain wrote accordingly, but no answer having matter in suit. With regard to the first, it appears- arrived from Heerleebhoy, the Plaintiff Meletyre at that the Plaintiff and Defendant, both British subjects. the end of six days, sailed back with his opium to Maenter into a contract at Macao, with respect to pro cao and there informed the Defendant that he had not perty out of the Portuguese Jurisdiction, and that the his declining to pay for it, and that he had given him that island. According to the common law, which delivered the opium to capt. Lyons on the ground of Plaintiff McIntyre was undoutedly not domiciled in

opium to other parties, and again left Macao in further six days to take it. Mchutyre thereupon sold the takes but notice of domicile, if foreign merchants come within the jurisdiction of an English Court, prosecution of the 19th Moses, de returned to it about merely for a period of time, long enough to be served

May, and having gone on shore, be was ar-

with process, the competence of the English Court ac- rested at the suit of Heesjeebhoy fox 7600 dollars, as crues. But this is not the case in countries governed the alleged measure of damages arising out of the by systems founded on the Civil Law, in Scotland for non-delivery

ery of the opium. Mentire gave ball for his instance, where a Defendant must reside forty days appearance in the Portuguese Court, on the Monday

onday before jurisdiction over him arises,-7 Burse 1017; following and on appearance there, the Judge infor-

and in this case McIntyre alleges that the Portuguese med him that the ma

matter must be settled by arbitration; Court had not jurisdiction over him, and we find his Boyd as arbitrator for Heetjeebhoy, and ordered the R. N. who was the representative of British Interests and the Judge ther ominated Mr. W Sprott | statement corroborated by the letter of Captain Elliot

the Plaintiff to select an arbitrator for himself Me in those waters. But if the Portuguese Court was not Intire protested against the jurisdiction of the Court one of competent jurisdiction, its judgment was a nul- altogether, and he, especially

against Mr. lity, the money obtained under it does not belong to Boyd, as un arbëra

to be in Heerjee bhoy, and the matter is a fi subject for inqui. partnership with Heer

ry in this Court, The Judge howeve

ctly alleges that the judg ground that Heer

of the Defendant, Boyd, and inta

and one of the arbitrators. allowed tox

we have not now to deter- o allege

himself to have ent obtain

by fraud

bas a burt there can be no doubt. Junior 135 judgment wing that it was obtai¬

THE Chinese seem to be getting more and more sanguinary in their piracy | On the 12th instant a junk was attacked between here and Hongkong, and fired upon by three piratical junks. Three of the crew were severely wounded and arrived here bleeding! Two of the wounded are here now under medical treatment. One is wounded in the breast and the other in the abdomen One is thought to be dangerously wounded, and the other is not out of danger! It seems that the p pirates had watched them at Hongkong, until they had sold and bought, got ready and started; when they pursued until beyond thy West Point, out of sight of the shipping, and then attacked them!

Is it not most desirable, for the sake of com- ce and humanity, that this piratical influence, which seems to

to be increasing in audacity, should be counteracted, and overcome? And would it

merce

not prove of essential advantage in the accomplish ment of this end, were it practicable either from public or private patronage, to establish.

Ah Insurance Company for the benefit of the Chinese themselves, who are trading in this Vicinity? Could such a company be got up under proper principles and regulations, countenanced and patronized by both foreign and Chinese, mer chants; it would soon break up those secret socie- ties often spoken of among the Chinese, which are something of the same nature, but very partially so, and then not honestly conducted, yet those so- cieties require about 10 per cent per unauth on die amount insured, which would most likely sustain a proper and honestly conduc pany

ully a

insurance Com

up success

arsona

actions.

Again, the Plaintiff ment was obtained by

njointly the

Elden

ence, by Court

ical and Court