Your search within this document for 'supreme' resulted in 15 matching pages.
1

“...SUPREME COURT & CONSULAR GAZETTE, And Law Reporter for the Supreme & Provincial Courts of China & Japan. Vot. I SHANGHAI, SATURDAY, 12th JANUARY, 1867. No. 2 CONTENTS. Leading Articles. Page. The Bankrupt Law,...........................11 Shortened Usance on Bills of Exchange,......12 On the case of Preston, Breuell & Co. v. Sheu-Lan Ching, and Sheu-Low-San in Mixed Court,.... 13 Supreme Court. Decision of Sir Edmund Hornby on Re-exchange, in re Jarvie, Thorburn & Co.,............14 Police Cases. 16 Inquest on body of Andrew Young,..............16 Provincial Court Yokohama. Page. Revised report of case of Bavier & Co. v. Hooper Clarke,............................... 17 Sailors’ Home Regulations,..................19 Convention in reference to laying out Foreign Set- tlement at Yokohama,....................20 News of the Week............................20 Commercial Summary,..................... \.21 Partnerships, &c.,..........................22 Memoranda,................................”
2

“...SUPREME COURT & CONSULAR GAZETTE. NOTICFS OF IIRMS NOTICE. d MR, Warren Delane Jr., Mr. George Tyson, anur Mr. Henry S. Grew have retired from o 1 firm in Hongkong and China, their interest and respo11’ sihility ceasing this day. RUSSELL & Co. China, 1st January, 1867. NOTICE. MR, Edward Cunningham has re-entered our firm, to which abo Mr. William H. Foster Jr. is admitted partner, their interest and "responsibility commencing this day. RUSSELL & Co. China, 1st January, 1867. NOTICE. MR. Ryle Holme has been admitted a partner in our firm; GLOVER & Co. Nagasaki, 1st January, 1867. NOTICE. THE interest and responsibility of Mr. W. S. van Ree- sema in our firm ceased on the 31st ulto., and Mr. Theodor Probst has this day been admitted a Partner. Mr. 0. 0. Behn and Mr. J. F. Cordes are authoriz- ed to sign our firm per procuration. W. PUSTAU & Co. China, 1st January, 1867. NOTICE. 11/TR. Alfred Adolphus Krauss is this day admit- JVl_ ted a partner in our firm here, and in that of Shaw, Ripley...”
3

“...January Vlth 186?k SUPREME COURT & CONSULAR GAZETTE. li It is requested that only »uch communications as relate to Editorial matters be addressed to the Editor, and that they be sent not later than Friday. Advertisements will be received till 10 a.m. on Saturday. No communications can be noticed unless accompanied by the name of the writer. Supreme (ffourt anh Consular ®a^ette Shanghai, January 12tii, 1807. The Law of Bankruptcy, notwithstanding the time it has occupied the attention of the Legis- lature, is after all but very little understood by that class whom it affects most, namely mer- chants and wholesale and retail dealers. The general idea seems to be, that it is specially in- tended to relieve debtors from the necessity of paying their debts. Creditors act on this pre- sumption, and with the exception of giving them- selves the trouble of proving their debts for the chance of obtaining a dividend, leave all other points to be decided between the Court and the Bankrupt. Now the...”
4

“...12 SUPREME COURT & CONSULAR GAZETTE. January Vlth 1867. The distinction between the trading and non- trading classes should never be lost sight of. It is unnecessary to say that the same measure of punishment should be meted out to all who are guilty of fraud in the contraction of debt. Crime levels all distinctions. But those who deal with persons engaged in commerce know the risk they run—they know that credit constitutes a large portion of a trader’s capital, and they govern themselves accordingly; but in dealing with a non-trader, they are justified in assuming that for what he buys he has the m eans of paying. The credit given him is measured by his supposed actual means, and a non-trader who knowingly enters into speculations beyond his means of meeting losses, is in fact gambling on the prospect of pocketing the winnings and falling back on Bankruptcy as a means of relieving himself of i the losses. This is to be guilty not only of com- mercial immorality, but of an offence in the...”
5

“...January SUPREME COURT & CONSULAR GAZETTE. 13 cling to old usages, and find it difficult to believe that business can be conducted otherwise than they have been in the habit of seeing it ever since they can remember. Thus, while it is clear to others of a different turn of mind, that altered circumstances demand modified systems, these sticklers for old principles can commonly see nothing but evil in measures clearly demanded by the times and equally clearly tending to the true interests of all concerned. It has, we think, been thus with respect to the shorten- ed term of usance on bills, which has been in- troduced into the China Trade ; and we conceive that much which has been said with respect to its deleterious influence is to be explained by the difficulty which many feel in grasping the bear- ing of an altered state of affairs. The Bombay Chamber of Commerce have been followed by the Chamber here in expressing an opinion that a four months' usance will be detrimental to the interests...”
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“...January 12/7/ 1867. SUPREME COURT & CONSULAR GAZETTE. 15 words, if it could be recovered as damages in an action at Law, it is provable in Bankruptcy. ■ The question therefore that I have to ask myself is this, would re-exchange in the cases before me be re- covered by the Banks as damages in actious at Law brought on the Bills, and I find that the case of De Tartet and Baring, reported in 11 East, 265, is an au- thority for saying that in cases where no re-exchange is found to exist between the country where the Bill is dishonored and the place where it is drawn or endor- sed, it cannot be recovered ; and if it cannot be reco- vered at Law, it is not provable in Bankruptcy. 1 do not go the length of saying that it is necessary either at Law or in Bankruptcy for a Plaintiff to prove that lie has actually paid the re-exchange. The authorities shew that it suffices if he be liable to pay it and in the absence of proof that any course of Exchange exists, this liability cannot be said to be...”
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“...16 SUPREME COURT & CONSULAR GAZETTE. January 12th 1867’ application to the Court ? I conceive however that the reason why such a duty has been imposed on the Court is that the Court should take care that no improper proofs are admitted, for if the consent of assigness and creditors is all that is required it is easy to foresee innumerable modes and cases in which, by collusion between assignees and creditors, a Bankrupts’ estate might be burdened not only to his own prejudice but to the prejudice of third persons. I do not of course pretend that the present case is one of collusion ; on the contrary I believe the creditors and assignees are sincerely desirous of doing what is right and fair on this subject as between all parties ; but what I have to consider is the admission of a principle which, if allow- ed in this case must be allowed in all other other cases, and I cannot bring myself to believe that the simple consent of assignees and creditors is sufficient to oust and over-ride the...”
8

“...January 12th 1867. SUPREME COURT & CONSULAR GAZETTE. 17 ship was exposed to very bad weather on her passage up. We only searched one layer of sugar for loose powder. The next day we commenced to discharge the sugar. 1 cannot tell how much sugar had been discharged when the explosion took place, as the tally book has been lost. It was on Tuesday that we commenced to discharge the sugar. I cannot tell how the powder became ig- nited. We began to discharge at half past ten yester- day (Tuesday.) The explosion took place about half past three. We had altogether eight men engaged discharg- ing. Alfred Much.—Able seaman. I was on board the Adeline yesterday. 1 was down the forecastle when the explosion took place. When I heard the noise I ran on deck, but could see nothing but smoke. I asked for the mate and the men who were at work. We could not get down the hold. We heard the men groaning, and let down ropes and pulled up two or three China- men. I do not know how the^man who died was got up...”
9

“...18 SUPREME COURT & CONSULAR GAZETTE. January 12th 1867. There was no special charge for insurance, included in the § 2 per bale for packing. I would consider in case of loss that I had a right to claim. Henry St. John Brown, duly sworn, stated:— My arrangements last year with the defendants were, tliat they should press the cocoons for S 1 per bale. I spoke about insurance, and they told me they always kept those things covered by insurance, and that it was not necessary for me to take out a policy. I did not take out a policy of insurance on my goods in defendants’ godown. I should have done so had I not considered myself insured by them. There was no special charge for insurance upon these goods. I considered I wras covered by insurance. Cross-examined by Mr. Hooper. The first application was for pressing only. I in- cidently mentioned something about insurance, and was told the godown was insured. By the Court. 1 don't quite remember if any memorandum cd the goods was sent in. That is...”
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“...January \2th 1867. SUPREME COURT & CONSULAR GAZETTE. 19 in the morning. I consider the risk very small. I have always shipped the pressed bales myself. If a fire had occured, and the defendants’ policy had been sufficient to cover, I think it would be a matter, to be settled by the Agents of the Insurance Company; the question of insurance never entered my mind, that is, not sufficient - so for me to speak to defendants about it; the risk was so small that I should have been unwilling to pay j % for so short a time. The bales I speak of, were left there as Augustine Heard & Co.’s property, by me, their Agent. It i3 Messrs. Augustine Heard & Co. ’s habit to insure, but in this case they did not. By Mr. Hooper. The defendants have stored flour for me, and upon it they have charged godown rent and insurance upon declared value. It was withdrawn from time to time as it was required, by godown orders. Cross examination continued by Mr. V»Talsh. I am not certain how long the flour remained ;...”
11

“...20 SUPREME COURT & CONSULAR GAZETTE. 'January \2th 1867 Superintendent’a salary included) he is to be allowed to deduct 12 % per annum on the outlay provided for in article two (2), and after this any balance is to be handed in to H. M. Consul to be dealt with as he may deem best in the interests of the British Merchant Sea- men at this Port. 8. - -The Assistant in charge of Shipping office for the time being of H. M. Consulate to be auditor of these monthly and quarterly accounts, and to receive from the surplus (if any) the sum of Tls. 100 per annum for his trouble. 9. —The Superintendent to prepare and submit for the sanction of H. M. Consul a series of Rules for the in- ternal government of the “ Sailor’s Home.” 10. —The Superintendent or his Deputy to be always in attendance at the British Consulate during the hours appointed for shipping and discharge of Seamen. 11. —A Committee to be formed to carry out these Regulations and supervise the working of the Sailor’s Home, to consist...”
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“...January 12th 1867. SUPREME COURT & CONSULAR GARETTE. 21 Sailors’ Home was a private speculation of tlie Super- intendent has gained some currency, and we therefore print in another columns the regulations which have been drawn up with regard to it, from which it will be seen that the Sailors’ Home as at present constituted, exists in virtue of an arrangement made between the British Consul and the Superintendent ; who has to guarantee the concern against loss, and in return receives a salary and a commission on disbursements. All profits which the Home may make, are to be placed to the credit of the Fund for the Relief of Distressed Mariners ; and consequently the whole advantages which may be derived from the Institution may be said to be divided between the public and the shipping. A monthly account of the receipts and expenditure is handed in to the British Con- sulate, and any of the gentlemen forming the Committee, amongst whom are the Judge of the Supreme Court, the British Consular...”
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“...22 SUPREME COURT & CONSULAR GAZETTE. January IZth 1867 Opium: Halwa .—Since the arrival of last Mail the market has shewn a downward tendency, which has been increased by the news of lower prices in the South brought per China. To-day’s quotation is Tls. 560 to Tis. 562 nominal. Patna.—Previous to the arrival of the China with news of 12th Sale Opium having reached Hong- kong, and’that there was no demand, and that prices had receded to S 575, Patna was ruling at Tls. 460 to 465; but it has since fallen here to Tls. 445, to-day’s quotation. LATEST QUOTATIONS. Shanghai, January 12th 1867. T.m.c. T.m.c. Grey Shirtings—6| Catty,........... 2.4.0 ,, for arrival,................. ,, 6.2 Catty, on spot.......... 2.6.0 a 2.7.0 ,, for arrival,................. White Do. 64 Reed,.-............... 2.7.0 a 2.7.5 T-C loth's—5| Catty, ................ 2.0.5 a 2.1.0 Long Ells—HU Scarlet,.............. 7.6.0 ,, Assorted,................ 7.2.0 ,, CPU. Scarlet,............ 7.5.0 ,, Assorted,..............”
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“...SUPREME COURT & CONSULAR GAZETTE. PUBLIC AUCTION. 7?i the Bankrupt Estate of JOSEPH P. DYMES, Esq. THE Undersigned have received instructions, from the Assignees in the above Bankrupt Estate, to offer for sale by Public Auction, on WWrcestto/, the 17 th instant, at 2 p.m., within their Offices No. 7, Foochow Road, the following very valuable properties, situated in Chinkiang and its neighbourhood. First—The 99 Years lease of a lot of land within the British. Concession, registered at the Consulate as Lot No. 16, occupying a space of about 30,118 square feet. There is a yearly Ground Rent of Tls. 2.2.1 payable on the 31st May of each year. Second—A lot of land outside the Conces- sion, measuring 5 mow 2 fun, bounded on the North by River, on the South by Causeway, on the East by land of Taow, and on the West by that of Yew. There is an annual Ground Rent of 1,500 cash. Third—A lot of land outside the Concession, measuring 17 mow, 6 fan, 4 li, 5 haou, bounded on the North by River, on the...”
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“...SUPREME COURT & CONSULAR GAZETTE. IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN Name of Deceased. Robert Muirhead Reddie Jame Christie John Mackinnon ------Bigg Susan Martin James Cuthbertson Nathan Tayler John Tallentire Thomas Edward Jenkins William Maxwell Charles Campbell John Filleul H. Atwell Nichol Latimer Alexander George Henry ------Nixon W. Thompson, Robert Sampson, H. II. Wiggins, Walter Schoole, J. C. Swan, Levin Joseph, Annette Hoskings, John Walter Wood Wade, William Carter, Janies Thomas Harris, C. P. Day, William Waller, Robert Bennet, John Wright, John Robertson, James Billings, John James, John Bailey, B. W. Cook, Alexander Williams, ------H am ilton, C. J. Howell, J. Macnaught, James Andrews Martin McPherson, Robert Donaldson, Ralph Sillars, Chasemore Howard, John Storm, Henry Haggar, Robt. Clarke, R. Jarvie, Chas. Grey, J. Langan, Robt. Black, W. Nunn, E. II. St. Croix* J. A. Balman, John Rodney, ------Doyle, Samuel Johnson, William Jeffrey, J. G. Boyd...”