Your search within this document for 'supreme' resulted in 22 matching pages.
 
1

“...SUPREME COURT & CONSULAR GAZETTE, Vnd Law Reporter for the Supreme & Provincial Courts of China & Japan. ron. I SHANGHAI, SATURDAY, 30th MARCH, 1867. No. 13 CONTENTS. fading Articles. Page. Chinese Guilds .............................143 The List of Registered British Subjects ....145 Jases in Supreme Court. Cheong-paou-tsu v. Jardine, Matheson & Co. ...145 >ases in Mixed Court. 152 Leading Cases on Commercial Law No. 1, The “Gratitudine,” Bottomry Bond, Hypothecation................................152 Page. Report of Meeting of Shanghai Gas Company .... 156 News of the Week,..................... 158 Commercial Summary,................... 159 Quotations, Partnerships, ..............159 Meteorological Table, &c................159 Memoranda, .............................159 Causes for Hearing, &c..................160 Shipping &c.........:...................150 NOTIFICATIONS H. B. M. Supreme Court. H. B M. Supreme Court. IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA & JAPAN. In the...”
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“...SUPREME COURT & CONSULAR GAZETTE. British Consulate Shanghai. LIST OF REGISTERED BRITISH SUBJECTS Coutd. Dunn, Chas. Dallas, B. DesLandes, E. J. Daly, S. Dent, A. Dulcken, A. C. Dudfield, J. B. Darling, R, Duncanson, E. F. Davis, A. Dunn; J. G. E. Elias, Ney Evans, H. J. F, Everall, H, Evans, F. Eranee, P. J. E. Figges, C. Ferguson, A. Fitzroy, G. H. Fearon, R. J. Ford, J. Fisher, A. Fryer, Jno. G. Grant, John Gundry, R. S. Gubbay, M. S. Grant, P. V. Goolamhoosen, A. Green, F. J. Gerard, P. A. Gilfillan, J. Gibb, W. H. Gamble, W. George, C. Gundry, A. A. Gray, G. Goodwin, C. W. Gibbs, J. H. Groom, F. A. H. Hornby, Sir E. Hay, R. M. Hagart, H. W. Haslam, W. H. Henderson, Fullerton Hearn, H. R. Hazeon, Peter Hart, J. W. Hamilton, E. G. Hancock, H. Hudson, J. T. Hormusjee, C. Hendry, J. R. Hyslop, W. Harton, W. H. Houston, R. A, Hunter, D. L. Holmes, R. Hollins, H. H. Herring, W. Hertz, H. Hormus j ee ,'BFram j ee, Hyde, S. W. Harvie, W. Holdsworth, T. K. Hudson, Mary Holdsworth, E. Hogg,...”
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“...March 30ZA 1867. SUPREME COURT & CONSULAR GAZETTE. 143 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. JVo communications can be noticed unless accompanied by the name of the writer. Supreme <3to»ri ani) Consular fejetie Shanghai, March 30th, 1867. In deference to a suggestion, the value of which we willingly acknowledge, we print for the be- nefit of our commercial readers, the Judgment of Sir William Scott, a celebrated Judge of the High Court of Admiralty in England in years gone by, in the case of the Gratitudine, in which the whole question of the right of a master to pledge his ship and cargo, for repairs, in a foreign port, is fully discussed. The importance to merchants of knowing the Law on the subject of Bottomry and Respondentia Bonds, as well as on other subjects of great com- mercial interest, is not likely to be disputed...”
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“...144 SUPREME COURT & CONSULAR GAZETTE. March WMh 3867. a branch of our commerce as the silk trade ; the more especially as what did transpire is sufficient to afford grounds for much reflection. Two great facts' are brought to light. The Guilds have regulations relating to foreignjtrade, and the Guilds are taxed. We are led not unnaturally to ask how far these Corporations may be made the means of imposing undue restrictions, and perhaps also undue taxation upon our commerce. It is no doubt difficult to decide the question to what extent a combination among a number of individuals for the conduct of business may with justice be countenanced, but there is a point beyond which it is evidently unallow- able for such combinations to go ; and that is when there is anything like coercion or threat in the measures which they concert in common. The recent disclosures sliew that the Chinese Guilds do not scruple at times to go beyond this point. Through an accident a case where this was done was...”
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“...March 3tyh 1867. SUPREME COURT & CONSULAR GAZETTE. 145. upon our readers to conform to a measure rea- sonable in it bearing, useful in its results, and certainly not of an oppressive character. We must confess to some little disappointment that this appeal has been so badly responded to, as we had certainly imagined that a feeling of self respect and something of that love of order and deference to authority which is one of the brightest features of the English character, would have induced the British residents in this settle- ment to throw aside idle prejudices, the fostering of which can only result in their having ulti- mately to appear in the somewhat undignified position of being prosecuted and subjected.to fine. We believe that peculiar tendency to procras- tination that naturally attaches itself to the per- formance of a duty which can be done as well to- morrow as to-day, is one of the chief causes of the neglect on the part of many to go through this very simple ceremony; and...”
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“...146 SUPREME COURT & CONSULAR GAZETTE. March Mh 1867, acts as their agent. He had a share in the E-who Bank. I am one of the principal men in the .Silk Guild. Examined by Mr. Pauncefote. I have a hong in the interior. There Chu-quai bought silk. I have contract- ed through Chiuquai to sell silk to E-who in Shanghai. The year before last I sold 200 bales. I was paid the whole of the money. I went with Chu-quai to the hong, the Taipan gave Chu-quai the money and he then paid me. Not knowing English I staid out of the office. If a silkman sells silk himself he goes to the hong for the money, if he employs a broker the broker goes. If the broker gives the silkman a cheque he can get paid. If he do not get this cheque he cannot. E-who paid sometimes with orders on the compradore and sometimes with Bank orders. In the last instance Chu-quai got an order on the E-who Bank and I went with him to get it cashed. I have been paid in Sycee. In that case I went into the E-who Bank, which is on the premises...”
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“...March 30ZA 1867. SUPREME COURT & CONSULAR GAZETTE. 147 565,928, the balance being Tls. 17,210.40. (Mr. My- burgh objected that all this evidence in no way affected the Plaintiff. There being no jury, it was admitted, with reservation as to its relevancy). E-kee acknow- ledged the amounts paid to him. These are the vou- chers (handed in, subject to objection by Mr. Myburgh that there was no evidence to shew they were in E- kee’s possession or were cashed or endorsed by him as being so received). On E-kee’s credit side there is an item of° 104 bales. This entry is made from the invoice book. The 104 bales were shipped by the Rona tfo Hongkong on the 22nd Deer. It was my duty to check the current account between Jardine, Mathe- son & Co. and the E-who Bank. I did so every month with the shroff Lo-sing. The last time 1 did so was on the 30th Nov. That paper was brought by the shroff on that day. It shews a balance in Jardine, Matheson & Co.’s favor of Tls. 89.032.34. I have made up the account...”
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“...148 SUPREME COURT & CONSULAR GAZETTE. March 30 fh 1867. in the room with Cheu-quai. There were some others that were present then, There was no one else in the room when I bought the Tso-Ling from Cheu-quai. 1 have known Cheu-quai about ten years. I have pur- chased from him for European firms. About that time I had orders to buy for others. I bought for Chapman, King & Co. from Cheu-quai. I got my 1 % on that occasion. 1 know Cheu-quai to be a large speculator in all kinds of things. Cheu-quai told me that he had bought 300 bales as a speculation of liis own, as he thought the market was going to rise and lie would speak to Mr. Whittall afterwards about it. He asked me to inspect and value the silk and I did so. I do not know whether he shipped any of these 300 bales on liis own account. On the 1 ltli December, I saw persons about the Hong. I do not recollect making any remarks to them beyond ordinary salut- ation. The custom of the silk trade is,—a man sends you in a muster, you inspect...”
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“...March 30th 1867- SUPREME COURT & CONSULAR GAZETTE. 149. time. 1 said what is the use of illtreating him, if you have any complaints why not go to the proper quarter for redress. To Mr. Myburgh.— I have been four years in the employ of Messrs. Jardine, Matheson &, (Jo During these four years E-kee has done a great deal of bus- iness for the firm. I did not know that he was a par- tner in the Bank or a broker ; I thought that he was merely managing the bank for Messrs. .Jardine, Matheson
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“...150 SUPREME COURT & CONSULAR GAZETTE. March Mth 1867 was and lie said I belong to Hung-Sing. I know Cheu- quai’s purser. There were so many people present that I cannot remember whether this person was one of them. I cannot tell whether Cheu-quai frequently bought silk for Jardine, Matheson & Co. Cheu-quai’s purser frequently came with other people and he came alone some times. I do not know whether they are silkmen. Emil Matntz. I am partner in the firm of Reiss & Co. I am acquainted with Cheu-quai. (Mr. Myburgh contended that the evidence of this witness did not affect the' case, as Cheu-quai’s being an independent merchant did not shew that he was not Messrs. Jardine, Matheson & Co’s, agent. His Lordship agreed, but took the evidence). The Witness. We have bought silk from him in the same way as we generally buy from other silk mer- chants. When we make up our mind to buy silk, our inspector asks the various Chinamen who frequent the hong to send in musters, which he examines and asks...”
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“...March 3Qtk 1867. SUPREME COURT & CONSULAR GAZETTE. 151 being entrusted to me for sale, if filler Bros, did not pay I must. I cannot tell whether E-kee acts as broker or not. I have on several occasions been to a foreign hong with my principals. I cannot specify any parti- cular foreign hong to which I have been w’ith them. I have not had the Taoutai’s license for the last two years. I oan do broker’s business but cannot open a hong without it. I have bought 50 bales up country but none in Shanghai for the last two years. Sometimes I was sent for to go to the country and buy silk for Jardine, Matheson & Co. F. B. Johnson.—I am partner in Messrs. Jardine, Matheson & Co.’s. The last time that I took the state of the E-who Bank account down in writing was the first week in November. I got a statement from E-kee. giving the assets and liabilities of the Bank and an ac- count of profits. He handed me a statement of the man- ner in which he had invested the funds of the bank. I took it down in...”
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“...152. SUPREME COURT & CONSULAR GAZETTE. March 30th 1887. MIXED COURT. March 23rd 1867. Before Ghuu, Wei Yuan, and C. Alabaster Esq. Gibb Livingston & Co. v. Eu-ze-chee. (Adjourned from March 8th.) Mr. Gilfillan appeared and stated that the contract was not cancelled, the Tls. 430 being paid to induce Gibb, Livingston & Co. to wait. After payment of the Tls. 430 Eu-ze-chee told Mr. Gunclry to re-sell the goods, (Adjourned for further evidence.) Municipal Council vers us Loo Yuen Sing and others This was an adjourned case, being claim for asses- sed House Tax, all but the defendants having paid the Bums due from them since the last sitting of the Court {March 15th). The Defendant then objected on the grounds that he only occupied one half the house and urged that the sum claimed was unreasonably high, being $5 or | years’ assessment on $ 250 rental, for a four roomed medium sized Chinese house, Defendant only paying $5 per month for his four rooms. The Court ordered payment of the amount assessed...”
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“...March 30th 1867. SUPREME COURT & CONSULAR GAZETTE. 153 venience of better sailing, or more commodious stowage, will not justify him to throw overboard the smallest part : It must be a necessity of the same species, though perhaps differing in the degree. Another case is that of ransom ; in which, it is well known, that by the general maritime law a master could bind by his contract the whole cargo, as well as the ship : he could not go beyond the value of the goods, but up to the last farthing of their entire value, there is not a doubt but he might bind the cargo as as well as the vessel; a very modern regulation of our own private law, founded on certain purposes of policy, has put an end to our practice of ransoming; but I am speaking of the general maritime law and practice, not superceded by private and positive regulation. These are instances of authority at sea : There are other cases also in port, in which the master has the same authority forced upon him. Suppose the case of a...”
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“...154 SUPREME COURT & CONSULAR GAZETTE. JA/rcA 3Q/A 1867. gulation, or direct authority on this subject; this con- tract of bottomry, being comparatively of later growth, and aiismg out of the necessities of an enlarged commerce. Bynkerstioek expresses himself, I apprehend, with great historical accuracy on this subject, when he says, "‘Ongo hujus contractus ex jure Romano, sed quie ibi iegimus vix trieutem absolvunt totius argumenti— Adeo tennuia etiam apud nos fuerunt ejus contractus initia, ut non nisi mutuum signiticaverit, quo magistro peregre agenti permissum est, navem ex causa neces- sitatis obiigare. ' But still I think authorities are not wanting from the ancient codes : The passage which has been cited from the Consolato, art. 105. is appli- cable. There it is said, that a merchant being on board a ship with his goods, (which was the custom, according to the simplicity of ancient commerce), hav- ing money was obliged to advance it, for the necessities of the voyage; and if he had...”
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“...March Wth WH. SUPREME COURT & he refers does not sustain him, and that his own au- thority amounts to little. These passage are all that I can find affirmatively in the common law writers ; hut it is no slight negative argument of the understanding of the common law, and no small confirmation of the fitness of this prin- ciple, that during a long series of years, no instance has happened, in which a prohibition to the enforcement of such a contract has issued ;—and the inference will he the stronger, if it shall appear that numerous suits have actually been entertained in the Court of Admir- alty on such bonds. The mention of numerous suits brings me to the result of a research, which 1 directed to be made in the Records of this Court ; a Court whose practice on a question of this nature, a question of the general maritime law, is not without its author- ity. I find from the list that has been returned to me, that there has been, in later times at least, a constant practice of proceeding...”
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“...15G SUPREME COURT & CONSULAR GAZETTE. March Stoh 1867. veys under public authority were made : The result Was, that the ship is reported by the surveyors to be of sufficient authority to warrant the repairs. The re- pairs are made, and the master has the authority of the Court, not only for the propriety of the repairs, but likewise for the reasonableness of his expectation, that the ship alone would ’’be able to answer the ex- pence of them. Still however the foreign lender was not obliged to advance money, but on such secur- ity as he liked ; and in this situation the master pled- ges the additional security of the cargo.—He proceeds on his voyage to England ; and the bond which became due on the event of his arrival is put in suit : The consequence is, that the ship is sold ; and being sold as a foreign ship, unable to procure a register, sells for not more than half the value at which she was estimated at Lisbon. Upon this state of the case, it is evident that instead of the cargo being...”
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“...March 30/A 1867. SUPREME COURT & CONSULAR GAZETTE. 157 Dec. 31. 1866. Taels. By Profit'on Gas Account for half year. ... 2,669.41 ,, Profit on Gas Fittings supplied ( customers for half year ..... j .......... ’ ,, Balance carried down ..................... 9,005.11 Tls. 13,487.53 1866. Dec. 31. To Balance at date...... Audited and found correct, R. B. BAKER. 19th March, 1867. The following Report had been circulated among the Shareholder. Sir,—I beg to hand you Report of proceedings at the General Meeting of Shareholders in the above Company, held here on 28th February last. You will observe from the Report above referred to, that a resolution sanctioning the creation of Preference Shares for the purpose of clearing off the liabilities of the Com- pany was unanimously agreed to, and the Directors were requested to report progress in issue of these Shares at an adjourned Meeting to be held on 28th March. Before taking steps to offer the Preference Shares to the original Shareholders, the...”
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“...158 SUPREME COURT & CONSULAR GAZETTE. J/ureA 5'j'? 1867. be made for leakage which had been as high as 70 per cent. Mr. Tarrant suggested the advisability of re- ducing the price of the (has to one half its present rate, as such a step was likely to increase con- sumption very materially. The Chairman. The only way in which the Company could afford to reduce the rate was by getting a larger consumption. Tf 20,000,000 ft. were consumed the price might be reduced §1 and yet a dividend of 15 per cent be shewn. He thought it advisable first to get the consumers. Mr. Tarrant thought it would be advisable to employ a broker to ascertain how many people would consume Gas if it were reduced to $2.50 ; and if sufficient consumers offered then the price might be reduced. He also asked whether he should read to the meeting a semioffical letter which he had addressed to the Secretary, in which lie estimated that the Company could be freed from debt in three years. The Chairman did not however accede...”
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“...March 30th, 1367. SUPREME COURT & CONSULAR GAZETTE. 159 the bund towards the city. The prisoners were sub- sequently released on bail. An adjourned meeting of the Shareholders in the Shanghai Gas Company took place on Thursday, at which the accounts in an amended from were passed. A statement was made by the Chairman to the effect that at the present rate of consumption of gas the ac- counts would probably shew Tls. 5,000 for division at the end of the current year, and the prospects of the Company appear more favorable than they have been hitherto. The remonstrance which,Fas noticed in our last num- ber, was addressed by Mr. Winchester to the Taoutai has had the effect of bringing forth the following noti- fication which has been issued by his Excellency with reference to the late attempts at coereion on the part of the Silk Guild. Notification to the Heads of the Silk Guild BY H. E. THE TaOT’aI. Whereas the undersigned is informed by the British Consul, Mr. Winchester, that Silkmen, on...”
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“...160 SUPREME COURT & CONSULAR GAZETTE. March 20th, 1867. LI. B. M.’s SUPREME COURT. Causes for Hearing. Wednesday, 3rd, April, 1867. E. A. Reynolds f Claim for Tls. 6,240.00, for v. \ money had and received by the W. H. Mfdhurst 1 defendant for the use of the ( plaintiff. Court of Bankruptcy. Friday, 12th April, 1866 at 11 a.m. In re K. Ross ( Bankrupt to pass his last examination Mackenzie. j and apply foi' his order of discharge. SHANGHAI SHIPPING. Arrivals :—March 23rd, Rona str., Hongkong ; 24th, Nanzingstr., Tientsin; Vanguard, Shields;Zodiac, Swatow; 25th, Seamew, Newport; Nepaul str., Nagasaki; Water Lily, Manila ; 27tli, Szecliuen, Tientsin ; 28th, Corea, Na- gasaki ; Sunda str., Hongkong; 29th, Algerine H. b. m. g. b. Hongkong ; Valetta, Nagasaki. Departures .-—March 23rd, Ville de Grenade ; Taewan ; 24th, Adelina, Yokohama ;24th, Glengyle, str., Hongkong ; Miaca str., Tientsin ; Yung-Hai-an, Hongkong ; 26th, He- yenmar, Nagasaki; Malacca str., Hongkong; Rona str., Yokohama ; Elisa...”