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

“...SUPREME COURT & CONSULAR And Law Reporter for the Supreme & Provincial Courts of China & Japan. Vol. I SHANGHAI, SATURDAY, 19th JANUARY, 1867. No. 3 CONTENTS. Leading Articles. Page. Registration of British Subjects..............*23 Credit to Chinese............................ 24 Notes and Queries...............................24 Cases in Supreme Court. Diedrich Balleher, Master of Danver Family, v. Fergusson & Co., in appeal from Vice Consular Court, Chefoo,......................-.....25 Summary Jurisdiction Cases................... 26 Police Cases..................................26 Meetings in Bankruptcy. In re Robert Mackenzie,.......................27 Page. In re Jarvie, Thorburn & Co.................27 Case of-Fry and others v. Chartered Mercantile Bank,.....................................28 Correspondence between H. B. M.’s Consul and Municipal Council concerning Local Post Office29 Annual Meeting of Subscribers to Library,.....30 Annual Report of Trustees of Seamen’s Church...”
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“...SUPREME COURT * CONSULAR GAZETTE. British Consulate Hankow In the Estate of ARTHUR LAWRfeNSON, Deceased ALL persons having claims against the Estate of Arthur Lawrenson, deceased, late keeper of the Hulk Tchapoo of this port, are requested to send them in to the undersigned on or before the 22nd Febru- ary 1867, and all persons indebted to the Estate are requested to make prompt payment to the under- signed. W. H. MEDHURST, Cb?is< British Consulate, Hankow, 22nd December, 1866. NOTICES OF FIRMS NOTICE. HE connection of Messrs. Samuel Gilfillan, Wil- liam Adamson, Henry William Wood and Patrick William Auchincloss with our business ter- 4 minated by common consent on 31s£ October last, and they have ceased to act as Managers for us. THE BORNEO COMPANY, Limited. Shanghai, 1st January, 1867. NOTICE. MR. Ryle Holme has been admitted a partner in our firm. GLOVER & Co. Nagasaki, 1st January, 1867. NOTICE. HE interest and responsibility of Mr. W. S. van Ree- sema in our firm ceased on the 31st...”
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“...January 19/A 1867. SUPREME COURT & CONSULAR GAZETTE. 23 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. Advertisements will be received till 10 a.m. on Saturday. No communications can be noticed unless accompamied by the name of the writer. Supreme (Eourt anb Consular ©alette Shanghai, January 19th, 1867. We are not in the least desirous to appear in the character of apologists for any proceedings which it may please Her Majesty’s Goverment to take, or for any rules which may be declared, by those Laving full authority to declare them, as binding on or affecting Her Majesty’s sub- jects in China or Japan ; but when once these proceedings have been determined on, and when such rules have been made and have be- come Law, then the consideration of them falls, we consider, fairly within our province. We prefer thus being rather the exponents of the Law than to constitute ourselves into a tribunal...”
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“...24 SUPREME COURT & CONSULAR GAZETTE. Jami'irtj 19ZZi ISG7. property ? Who, except the not certainly over- paid servants of the Government in China and Japan, contribute to the income or property tax, or to those other taxes which make up the con- solidated fund out of which Consular and other Salaries are paid. It is perfectly true we have here what are practically our poor rates, paving, lighting, police, and church rates ; ami very heavy they fall on us, especially at tinms when business is not brisk ; but it would be an ULday for British subjects in China and Japan if a dis- inclination to pay an annual dollar or five dollars J fee for a certificate of Registration were to suggest to some enthusiastic economist in the home legislature the fairness and expediency of . forcing British subjects, who pay no taxes to the ! Government of the country in which they are domicilled, to contribute to the support of the Naval and Consular services of their own coun- try, from which they derive at...”
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“...January \§th 1867- SUPREME COURT & CONSULAR GAZETTE. •25 Answer. Certainly not. The Order in Council for China and Japan 1865, defines the extent of British Consular authority as well as the jurisdic- tion that Consular Officers are to exercise. This ;> authority and jurisdiction is confined to British subjects, and under certain limitations to British naturalized subjects. A Consul could not there- fore in his judicial capacity entertain a suit aganist a foreigner, although lie might, if properly appoint- ed, sit and decide a case as arbitrator; but he could not even by consent, adjudicate a foreigner a Bankrupt ; and all proceedings in Bankruptcy would be null and void. The discharge, if grant- ed, would not operate to relieve the foreign debt- or of his debts, simply because the Consul had cib initio no jurisdiction in the matter of the Bankruptcy. SUPREME COURT. Before Sir E. Hornby Kt., Chief Judge. In Appeal f rom the Vice Consular Court at Chefoo. Diedrich Ballehr, Master of “ Danver...”
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“...26 SUPREME COURT & CONSULAR GAZETTE. January 19M 1867. Sickens v. Irving 7. C. B. Rep. {N. S.) 165, 29 Law Jl. Rep. (N. S.) C. P. 25. In the course of his judgment, Williams J. observes:—“I think that the extent of the agent’s authority must be confined to this, that he has authority to do all things necessary to perform the charter-party, and, provided that the contract be subs- tantially performed, to vary in Blight matters. With regard to the question whether the words of the agents amounted to a refusal to load, and a breach of the char- ter-party, it was matter for the jury; who decided it in the negative. See ‘also Pole v. Cetovitcli 9. C. B. Rep. (N. S.) 430; 30 Law Jl. Rep. {N. S.) C. P. 102. Any other decision than that to which the Court below has come might throw a doubt upon the well known, and in mercantile transactions most important, rule, that the power of a special agent to'bind his principal, is limited by the authority given to that agent. A ground put forward by the...”
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“...January \M 1867. SUPREME COURT & CONSULAR GAZETTE. 27 escaped. I found my watch and chain had been broken. In the struggle I felt some one pulling the watch and chain. I then brought Daley and Bryans to the Police station ; the other, Billings burgh, was arrested after- wards. The prisoners asked no questions, but said they were the worse for liquor and did not recollect anything about it. They were lined $2 eacliand $1 each for the broken watch. The fines were paid by Billingsburgli and Bryans. Daley was ordered to go to prison for one fortnight in default of payment. January 14ih. Before C. W. Goodwin, Esq. John O’Neil was charged with being drunk and inca- pable and was fined $1 and $1 costs. Pine paid. January \5th. Before C. W. Goodwin, Esq. John Cork, Robert Cron and Albert van Bran were charged with being drunk and incapable, and were fined each $1 and SI costs. The last named man paid the line ; the others were sent to prison for one week. John Chapman was charged with assaulting...”
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“...28 supreme court & consular gazette. January ]S3th J 867. To Creditors unsecured. On Bills recoverable.................. Tls. 1,438,BS7.11 ,, do ‘£ Contra in Creditor’s hands ” ,, 175,905.35 ,, do accommodation Bills........ ,, 90,832.91 Tls. 1,705,425.37 To Creditors holding security................. ,, 130,705.60 ,, do paid in full........................ ,, 12,375.76 Tls. 1,848,50673 Tendency.—Interest and Re-exchange on Tls. 1,529,520.02 estimated at 15%. = Tls. 229,428.00. Cr. By.—Debtors, good........................Tls. 8,831.40 do doubtful.....Tls. 40,963.78. do bad.......... „ 743,982.81. Property given up to Official Assignee, less contra in full.—Tls. 12,37576. 336,490.75 Bills in hands of Creditors. 175,905.35 Shipments unaccounted for. 102,427.38 Profit and Loss act. Tls. 427,529.55. Deficiency...................Tls. 1,224,851.90 Tls. 1,848,506.73 Pendencies. Interdicted Funds in England Tls. 604,460.00^ of which probable proportion to this estate Tls. 374,040.85. d/f/zzo....”
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“...January MMh 1867. SUPREME COURT & CONSULAR GAZETTE. 29 provisions of the charterparty relating to freight. If the charterparty had named a lump sum for the freight, the goods under such a hill of lading would have been clearly liable to a lien for the whole : Chappel v. Com- fort (4); IF^nerv. Smith (5); The Norway. (6) The clause in the present caso is “ freight ” as per charter- party, not “rate of freight,” and means, therefore, that the goods shall be subject to all the stipulations in the charterparty respecting freight, one of which is that there shall be a lien on each part of the goods for the whole freight. [Byle, J. Would not that interpretation render the whole bill of lading nugatory ?] It would, as far as the question of freight is concern- ed, but our only inquiry is what the bill of lading real- ly meant. [Bylks, J. But ought we not to read the clause in the bill of lading, if possible, so as to give it some effect ?] The case of Nanc?er.
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“...January \§th 1867. SUPREME COURT & CONSULAR GAZETTE. 31 Des Landes, the President., and the Members of the Captains’ Committee, and to W. H. Tapp, Esq., for their active co-operation ; and also to many friends, who during the past year have contributed books and Newspapers to the Library and Reading Room. Messrs. Gamwell and Cuthbertson having resign- ed, in consequence of departure for England, Messrs. Fitzroy and Hetnssen have accepted the position of Trustees, with Mr. A. A. Hayes, Jun., who will act as Treasurer. Wm. G. CUTHBERTSON, A. A. HAYES, Jun., Shanghai. 1st January, 1867. NEWS OF THE WEEK. The P. and 0. Steamer Singapore arrived on the 14th inst., bringing dates from London to Nov. ‘26tli and telegrams to Dec. -10th. The telegraphic intelligence has been already anticipated, with the exception of the news that the report of Maximilian having left Mexico is not true. The following Passengers arrived per Singapore—Mr. and Mrs. FitzRoy, Major Crossman,. Messrs. Thurburn, Hyde,...”
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“...32 SUPREME COURT & CONSULAR GAZETTE. January 19/h 1837 Sibbald, Messrs. Alabaster, Milsom, Fitz Roy, and Dulcken, Councillors. A vote of thanks to the retir- ing President, proposed by Mr. Dulcken, was warm- ly seconded by Mr. Lawrance, who gracefully acknow- ledged the services which had been rendered by Mr. Seward to the Society ; and an amendment suggested by Mr. Tarrant, aud seconded by Mr. Kingsmill, that a written testimonial should be presented to him prior to his departure for the United States was carried with acclamation. The Interior.—Affairs in the interior, are accord- ing to latest advices, still in a very unsettled state. Increased inland taxation is being laid by the local officials upon Opium, in order probably to meet the expenses of the operations against the Rebels. In some cases Opium has been taxed as heavily as Tls. 90 per chest, in addition to the treaty duty, before it could come into consumption. Hankow.—The Hankow Tones of Jany. 5th says.— tl No reliable or definite...”
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“...sight, Rs. 300 per 100 Taels. On Hongkong.- -Bank 3 d/s. 27 disct. Private, 15 d/s. 27A do. BULLION Gold Bars, Pekin.—Taels 164.5 per bar of Taels 10 weight. Mexican Dollars.—Taels 73.9 Carolus Do. Taels 73.8 Copper Cash.—1,350 per Taels FREIGHTS: To London.—Tea £1.15 per Ton. CAUSES FOR HEARING. Jany. H. B.'M.’s Supreme Court. 22, Wong-king-kee versus W. R. Adamson & Co. Claim for Tls. 35,749, due on account stated. ,, C. B. Clark, versus-). S. Robison.—Claim for Tls. 75, due on Compradore’s order. ,, Hall and Holtz versus Hawes Co.—Claim for Tls. 108, Goods sold and delivered. ,, Hume and others versus Shanghai Pilot Company, Petition for judicial relief. H. B. M.’s Supreme Court—in Bankruptcy. 30, In re A. Ferguson.—Bankrupt to pass his last ex- amination and make application for his order of discharge. ,, 7»rcR. Mackenzie—Bankrupt to pass his last examination and make application for his order of discharge. Feby. 11, Special sitting for revision of Jury List. Jan. 1 H.wIa, 1 LAV IP...”
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“...i 1 SUPREME COURT & CONSULAR GAZETTE. IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN Name of Deceased. Robert Muirliead Keddie Janie Christie John Mackinnon ------Bigg. Susan Martin James Cuthbertson Nathan Tayler John Tallentirc Thomas Edward Jenkins William Maxwell Charles Campbell John Filleul II. Atwell Nichol Latimer Alexander George Henry ——N ixon W. Thompson, Robert Sampson, H. H. Wiggins, AV alter Schoole, J. C. Swan, Levin Joseph, Annette H os kings, John Walter Wood Wade, William Carter, James Thomas Harris, C. P. Dav, William Waller, Robert Bennet, John Wright, John Robertson, James Billinge, John James, John Bailey, B. W. Cook, Alexander Williams, ------Hamilton, C. J. Howell, J. Maenaught, James Andrews Martin McPherson, Robert Donaldson, Ralph Sillars, Chasemore Howard, John Storm, Henry Haggar, Robt, Clarke, R. Jar vie, Chas. Grey, J. Langan, Robt. Black, W. Nunn, E. H. St. Croix, J. A. Balman, John Rodney, ------Boyle, Samuel Johnson, William Jeffrey, J. G...”
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“...NAMES OF PERSONS (NOT SEAMEN) BROUGHT BEFORE HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN, AT SHANGHAI, FOR THE UNDERMENTIONED OFFENCES, DURING THE YEAR 18G6. Names. John Proctor J. Biggs J. Me. Pherson — Mirian R, Hutchins John Jackson John Jones W. Carter J. Mahomet — Abdul Thos. Allen Jessie Carvel R. Waugh John Jackson James Wilson John Morris Wm. Green J. Lavis G. Paterson Ali C. Stewart Thos. Lyon R. Hendricks G. Winscombe C. Datelo J. Jackson W. Brisco John Martin James Moor F. Pollard MofFat A. Barworth — Stephens H. Campbell Mahomet J. Lingreen J. Andrews W. Charles F. Lagrans G. Moresco W. Cartner S. Johnson Lim Hock Joo W. Smith Ch. Smith F. Burgess John Anderson E. Juen M. Hagen E. H. Lupuy J. Walsh L. Victor D. Campbell Wm. Busive H. Lee J. Brown J. Martin H. Campbell W. Baker A. Broom C. Winscombe J. Jury D. Kerr J. Jackson F. Lazurus — Me. Queen ■— Craig — Bonney J. Smith Raim Saim >» »> A. Ferguson Offence. Vagrancy Creating a disturbance [Vagrancy and threatening...”
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“...NAMES OF PERSONS ( NOT SEAMEN ) BROUGHT BEFORE HER BRITANNIC MAJESTY’S SUPREME COURT DURING THE YEAR 1860—CONTINUED ?3 or a week, Wilson to be J. Wilson and J. Treasure Assaulting 3 Chinese E. Davis and J. Finlay J. P. Martin Raim Saini ■Drunk and Riotous, breaking pane’of glass— ( Language calculated to produce a breach ol’ the peace Drunk and Incapable. J. Kenning Intending to commit a felony and assaulting police J. J. J. D. 1). E. J. Whiting Thorrip Kelly Campbell Kerr Kelly Treasure and Wm. Johnston Drunk and Assaulting Complainant. Stealing Drunk and Incapable Swearing in Court Drunk and Assaulting Police Assault Robbery of a Boat and Stealing therefrom $1,000 R. Mulholland T. Thorrip (a Prisoner in Gaol) Boxburgh and Williams Having caused the death of one Sze-Pang-Sze Stealing Entering Boat of Sho-ze and /Assaulting him J. Andrews J. Bird Crompton Win. Smith Me. Lean and West H. Munro R. Mansfield Conduct and language likely to cause breach of ) the peace ij Having Arms in his...”