Axrriso connected with ton interests us in China. Just as, in the petroleum country, xd the staple subject of thought and conversation, and men rarely wandered front the all abe sorbing topic; 80, in th it ports, we retarn to the leat with andiminished interest and an unsated appetite for frost intelligence. A recent nam-of the Zines contains an article that is well worthy of perusal, and ove to which our readers will, we uro nssnared, be glad to have their attention directed. Itisa review of a report by Mr. Saville Launloy, Her Siajosty's Secretary of Embassy at St. Potorsbarg, on the ton trade of Russi Phe initiated of course know that the best "chops" are generally taken for the Russian market. Dut the moral reader searcely associates the Potations of a more intoxicating character uro generally sup to favourites with the subjects of the mighty Czar. Wo are li aware that the upper classes, those of the Court and the world of fashion, copy Parisian tes in beverages as well as in ever 3 but we rarely ian, who when scratched showed the inevitable Tartar under neath, forsaking those fiery fluids which of old kindled the blood of Poter the Great, and in tater days animated madness the hardy infantry of Hol Russia at Inkorniim, Wo aust have cover be content to live and learn, cording to the reliable Mr. Iamley, Russian's love of tea is unlimited, and his thirst ungnenchablo;" indeed he consumes, it appears, more ten than a Chinese. " In spite of the appetites and number of the consumers, however, the had decided in favour of the Bank The Chief Judge's decision reversing Unt judgment, sot forth the facts of the ense so clearly, that it is unnecessary trade is by no means so succossfal as it mi This is proved by the have read it will doubt. the equity to recapitulate them hele. Few who of fact that for every half pound of ten the conclusion at which it arrives—drunk in Russia, three pounds and al that the payment in question was Inthe forcible and practical language of the Revi Monopols, protect riffs have grown to such unnatural and enormous dimensions, that under their fostering influence smuggling has assumed a maynitade and importance bat faintly indicated by there are actually contraband Insurance Ollices, mider whose auspices even such ' bulky commodities as Erard's or Brondwood's "grands" will be safely smuggled over the frontier, and delivered duty free in Moscow or St. Petersburg itself, under the very nose of the Governniont, What protection really protects is smagglin legitimate trade Iangnishes and dies under it." Thus it is clear that the errors of the Tegislature may be fairly charged with the discrepancy between the money spent on tea and the ionnle attachment to it, 60,000,000 would-be ten, drinkers. are compelled, be met by enhanced facilities of supply. The gorernment of Alexander, as hus boon proved alread i enlightened and frie therefore we er the growers in the Himalayan ten countries, will soon find fan easier and ampler market for their teas.
This report has other points ofintorest to foreigners in China. It reminds them of a fact which we can never face too often or realize too vividly, via: that Rosin is rapidly assuming a preponderating power in Asia, Undistarbed Ly" the apprehensions or the threats of other nations, the Gaars have steadily and andoviatinghei advances are silent, their agents armed, their aggressive. policy. undemonstrative, and their paco slow; but the leading idea is never abandoned for & dumont, Tro facts speak volumes to this effect, Tasbiend, the of Cortral Asia, lias ity, the en pital of and the Syr Davia, ory heart of Central Asia has become the great matnral highway through the a Russian river. Without endorsing the sentiments of Arminius Vambéry us to the fatare collision between the "two great colossi,"—indeod a more able ar-gamont in the contrary sense has been lates published in the Jerwe des Deuz Mowles—wo may regret tht more lias not, been shown. by the representatives of our country on this remote anid important stage. The connection of this uncontrolled and mnjesfic advance of Russia on Persia and Tudin, with the closest interests of China trid China merchants, cannot be concealed. We can haully endorse the somewhat enthusiastic language of the report. "England and Kassia should be, at this moment, busy baying and Asin, and the Syr hould be covered with the ar-gossies of commerce passing to nnd fro between Russia and Hindustan." The dificalties of road making across the Himalyas seem hardly taken into cone sideration, hero. But these and many other collateral topies of importance, led by the Tea Report, which ly recommend to our readers Supreme Court in the case of " Mnckeilar nnd Ca.' assignees The Chartered Bank of India Australia and China." The ease, it will be remembered, had come up, on appeal, from the Hankow Court, which fraudulently preferential, and that the Bank must disgorge the money, though the ease may be, for it," Bub it is not into the merits of the ense that we now purpose to inquire. Itprosents other features worthy of attention and consideration; for, if it is to form precedent, it seems to us that ite tendency is' to unsettle the practice of the Cour, ax Inid down by the Rules and Regulations made in pur suanco of the order in Council which
ceedings of English Courts in Chinn, present governs the judicial prov Any uncertainty, the Inw itself, or its prnct interested, viz. the suitors, IE uniform conclusions cannot be drawn from a given sot of facts, the difficulty of elvising parties us to their legal rights must, naturally, be greatly increased.
Now it would appear from the jndgment to which we refer, and the facts of the ease a8 previously reported, that the main question was, whic tain payment of Tls. 10,000 made by Mackellnr & Ca, to the Chartered Bank, the day before the former stopped pny: ment, was in law a fraudulent pre ference. This question, it appears by the judgment, tarns upon two material facts, Ist, whether tht payment was mind by Mackellar & Ca. in contompiation of their bankruptcy, and 2nd, whether such payment was a voluntary cone, Those then were two fuels f the' decision of the Court, Had tore boon a jury in the ense, those: two fads would, as the judgement states, have been submitted to the jury for their decision, and their de-jon alone. Now in the present i stance the case was first heard in Han-ow, before the judge of the Court and tivo' assessors; nnd these three gor tlemen, upon the eridonce before the decided these two material quote in favor of the Bank. The Assignees nppeated, and hero it may be us well to consider what la an appeal. In the, 1G4th of the Rules to which we have rotorred it is stated, amongst other things, that, the petition of Appear: shall pray that the decree or order appeared from "may be reversed or ed, and that the Court boro may mako the particular order to which the record and cvidencs as it stands, the appellant conceives himself entitled, or such other onder as the Court thinks' jas." Tt would thoroforo that the record and avia as it stands" shoald be the foundation on which the judgment of the Appellate Court ought to rest. In the present ease however the judgment of the Ap-Poon founded upon. fresh ovidetice nob late Court would appear to have
before the Court below, in the shape of some letters prodaced by the Appel Tnnts. At nny rate—tho ense was tlocided cither ripon the evidence in the Court below alone, or upon tnt evi-dance conjointly with new evidence. Tu the turmer case, we huve one judge, thing as jury us to questions of fact, averraling the unanimous opinion of another judge and two assessors, us to same questions of fact on the same evidence. In the intter ense, the ros-Brought against thor, which Uhoy have indents uro aifvcteid by fresh ovidenzo
not lind an opporti tostingby crossoxmnination-Thisappents to us to show one of the dangers of not adhering to the practice nid down in the Ralesand Regulations. Again, th mont refers to the alison upon material points in the Court below; and this snakes it the more surprise Uhat the Jadgo should have prot to decide the case upon unsntisfactory evidence, when, by remitting it back to Hankow, or re-heaving the whole ease here,' both parties we have had unity of supply vidence, As we have said before, we have no wish to dilate
Text read from the printed page and cleaned; old type leaves the occasional error.