Your search within this document for 'supreme' resulted in 17 matching pages.
1

“...NOTIFICATIONS H. B. M.’s Supreme Court. H. B M. Supreme Court. IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA & JAPAN. The Bankruptcy Act, 1861. Shanghai, 21th April 1867. OTICE is hereby given that a sitting of the Court appointed for the first meeting of creditors of Henry Charles Cammidge, who was adjudged bank- rupt under a petition for adjudication of bankruptcy filed in Her Britamiic Majesty’s Supreme Court for China and Japan, at Shanghai on the 8th day of April, 1867, having been held on the 25^/U day of April, instant, before Charles Wycliffe Goodwin, Esq., Registrar in Bankruptcy; and no creditor having appeared at such sitting, the Court has appointed a pub- lic sitting to be held before'Sir Edmund Hornby, Knt., Chief Judge of the Supreme Court aforesaid, on Mon- day the 21th day of May proximo, at the Supreme Court at Shanghai aforesaid, at 11 o’clock in the forenoon pre- cisely, for the said bankrupt to pass his last examina- tion and to make application for his discharge...”
2

“...SUPREME COURT & CONSULAR GAZETTE. H. B. M. Supreme Court. PUBLIC NOTIFICATION. The said discharge will he delivered out to the bankrupt on the 13$ day of May, 1867, provided no appeal be instituted before that time. EDMUND HORNBY, Chief Jndge. H. B. M. SUPREME COURT FOR CHINA AND JAPAN. NOTICE. It is hereby notified that the sittings of the Court for hearing civil cases during the month of May next will be held on Wednesdays the 1st, 8th, 15th, 22nd, and 29th days of that month respectively ; and for Motions, Applications &c., on Saturdays the 4th, 11th, 18th, and 25th proximo. Shanghai, April 23rd, 1867. Prussian Consulate General. BEKANNTMACHUNG. DER auf Mittwoch den 1. Mai d.j. anbetaumte of- fertliche Verkauf des Alex. Alisch A Co. schen Grundstuckes in Tientsin wird bis auf weiteres aufges- choben. The public sale of the premises belonging to the estate of Alex, Alisch & Co., notified for the 1st of May, is postponed until further notice. Koniglieh Preussisches General Consulate TETTENBORR...”
3

“...April 21th 1S67. SUPREME COURT & CONSULAR GAZETTE. 201 It is requested that only such communications as relate to Editorial matters be addressed to the Editor I diid that they be sent not later than Friday. Advertisements will be received till 10 /<.?#. On Saturday. No communications can be noticed unless accompanied by the name of the writer. Supreme doxftt aftb doraular feefe Shanghai, April 27th, 18G7. The institution of Trial by Jury lias many advocates.and warm admirers, but there are also many persons wlfo flunk its importance and value overrated. Its antiquity, to some is an Evidence of its intrinsic merit, while to others it constitutes its sole attraction. Englishmen, view- ing it through an historic mirror, associate it with many a struggle between arbitrary authority and the rights of the people, and applaud it ac- cordingly. Foreigners, on the other hand, con- nect it with the revolutionary doctrines of an age that is barely passed, and see in it but a means by which the masses...”
4

“...202 SUPREME COURT & CONSULAR GAZETTE. April 21 th 1867 mit such points as the signature to a bill of exchange or the signing of a contract to a Jury is simply wasting the time of men to whom time is money, for no useful purpose, and it is just this course persisted in in England that has brought trial by Jury into disfavor. Suitors complain that Jurors take no interest in the cases before them but simply follow the ruling of the Judge, and submit to be guided by his opinion, their whole object being to get through the case and return to their avocations. Juries on the other hand complain that they are summoned to de- cide cases which a Judge would just as well, and even better than they, decide, to their great per- sonal inconvenience and often actual pecun- iary loss. We trust that no complaints of this kind will ever be heard in Shanghai. Trial by Jury should be reserved for a class of cases in which an expression of opinion from a body of men is a matter of real social importance. Juries...”
5

“...April nth 1867. SUPREME COURT & CONSULAR GAZETTE. 203 has now ended in the premature destruction of a large part of their fleet. It is perfectly evid- ent that our knowledge of Japan is sadly in want of confirmation, and we have no doubt that contributions of accurate information re- garding that country and its people will be re- ceived with satisfaction by the members of the Asiatic Society. II. B. M.’s SUPREME COURT. 1867. Before Sir Edmund Hornby, Chief Judge. Reynolds versut Medhurst. J udgment. This is an action brought by the Plaintiff against the Defendant to recover as damages the sum of Taels 6,240, under the following circumstances. It appears ! that on the 30th Dec., 1861, one William Wynter, then ! carrying on business at Shanghai under the style or ■ firm of Wynter & Co., was the proprietor of two News- papers known as the “Shanghai Times” and the “ Shanghai Daily News,” and that to secure a sum of 4,000 taels he gave a bill of sale to Mr. Reynolds, which purported to convey...”
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“...204 SUPREME COURT & CONSULAR GAZETTE. April nth 1867. party to such suit,—for there is no evidence of the ser- vice or comnm ideation of any claim to him tohave availed himself of the provisions with reference to appeal. The money was not handed over to Dr. Legge in con- sequence of any adjudication in his favour, nor was any order made by the present defendant, or sealed with the seal of his Court, or otherwise made by him in the matter. Can I, then, say that it was an act of a judicial nature, or such an act of a judicial character as would cure any irregularity or error, or be dispunish- able by ordinary process of law ? The Order in Council creating the jurisdiction of the Consul provides that certain proceedings shall be taken, and certain formalities observed ; that none were observed so far as Dr. Legge’s claim is concerned is established by Mr. Medhurst’s own evidence. He acted he says under the advice pf H. M.’s Attorney Gene- ral in Hongkong, whose duty it then was apparently...”
7

“...April 2,7 th 1807. SUPREME COURT & CONSULAR GAZETTE. 205 is not in a worse position quoad this sum than he .would have been if the point had been at the time as it ought to have been judicially decided in 1862, and if the alleged b ill of sale was and is invalid, then Mr. Reynolds will be entitled to the whole amount of the verdict. I shall, of oourse, if an application is made by ytlie defendant, put him under terms as to time, and it will be for him to call upon Dr. Legge to substantiate his bill of sale. This course is perhaps unusual, but it is to be remembered LU&t this Court is also a Court of Equity; and it would be a manifest injustice to call on Mr. Medhurst to pay Mr. Reynolds a sum of money -which, unfortunately for Mr. Reynolds, he might never have been, under the .circumstance in a position to recover. It is a satisfaction for me to know that there is a higher tribunal empowered to review and correct any error into which in pronouncing the judgment I may have fallen. The law...”
8

“...on account of his dismissal, that they were at liberty so to conduct themselves, as to merit dismissal and when dismissed, get damages. H. b. m. supreme court, in bankruptcy. April 23rd 1867. In Re William Church. Second and final dividend meeting. W. Cheshire, for Cope Cheshire & Co., proved for Tls. 50, due on making up Bankrupt’s accounts. This claim was not presented earlier because the Bankrupt said he would pay it, but has not done so—admitted. Commercial Bank Corporation, per their Attorney, E. Lawrance, proved for Tls. 918.49, due as balance of accounts with interest to adjudication—admitted. The Official Assignee stated that Tls. 2,289.42 stood to the credit of the estate and that the amount of claims now pro\ ed was Tls. 15,734.96, which allowed a dividend of 14£ per cent. Thia was agreed to by the creditors present. H. B. M. SUPREME COURT, POLICE CASES. April \8th, 1867. Before R. A. Mowat Esq. Charles Wilson, of the British ship Eunice Nicholas, was charged by one Ah-Sin with...”
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“...April nth 1867. SUPREME COURT & CONSULAR GAZETTE. 207 Macgowan, was called upon to read his paper upon Japan, which is as follows :— Statistical Note on the Steam Navy of Japan, WITH REMARKS ON THE CONDITION OF THAT EMPIRE, It is well known that when the Shogoon (Tycoon) of Japan abandoned the policy of non intercourse with foreign powers there sprung up a demand in the country for steam vessels, which foreign merchants promptly supplied. Few, however, are aware of the extent to winch the Gen- eral Government of the Damios went in organising a navy .of steamers and vessels of foreign rig. As accurate in- formation on this subject serves to throw light on Japan in her present transitional condition, and as I am happily able to furnish a few statistical facts in relation to those purchases, I presume that the Society will consider them record worthy. I present them also as data for forming an opinion on the political and mercantile prospects of a progressive people. This communication makes...”
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“...208 SUPREME COURT & CONSULAR GAZETTE. April 27 th 1867. 14 Taoutai, Brig, 15 Gazelle, Schooner, 16 City of Hankow, 17 Nankin, 18 Laurick, 19 Victoria, 20 Sir Clias. Forbes, 21 Shantung, 22 Ly-ee-moon, 23 Leemin, 24 Contest, 25 Shanghai, 26 Sir Geo. Grey, 27 Water Witch, 28 Kumsing, 29 Sarah, 30 Shanglee, 31 Yangtsze, 32 Foh Kien, 33 Swatow, 34 Lotus, 35 Stork (H.B.M.S. Beagle) 36 Cosmopolite, 37 Carthage, 38 Bahama, 39 No. 1, 40 Viola, 41 Sir H. Parkes, 42 Elgin, 43 Ayrshire Lass, 44 Union, 45 Kinlin, 46 Gerard, 47 Huntress, 48 Star, 49 Berlin, 50 Brandenburg, 51 Mathew Luce, 52 Promise, 53 Pembroke, 54 Sarah, 55 Dolphin, 56 Wild Wave, 57 Otentosama, 58 Pembroke, 59 Yeddo, 60 Granada, 61 Eagle, 62 Mercury, 63 Fairy, 64 Japan, 65 Dunbarton, 66 Kastrel, 67 China, 68 Satzuma, 69 Owari, 70 Varuna, 71 Hercules, 72 Tapangnyo, 73 Nankai, 74 Martin White, 75 Valetta, 76 Chusan, 77 City of Nantes, 78 Shooeyleen, 79 Kaffir Chief, 80 Spunkie, 81 Scotland, 82 Kagosima, $3 Corea, List of Merchant Vessels...”
11

“...April 21th 1867. SUPREME COURT & CONSULAR GAZETTE. 209 with the Ruso-American line at the Amoor ; and he thinks it not unlikely that Shanghai may by means of a cable to Japan find its readiest channel of communication with America and Europe. With regard to China, he holds that submarine telegraphy along the coast as advocated by the newspapers of Shanghai and Hongkong, is pre- ferable to a land line. Even were a concession for a land line to be made by the Imperial Government such a line could not compete with a cable nor ever supersede it. The East India Telegraph Company, which he represents, has advised him of its having decided to order the manufacture in England of the requisite amount of cable. lie proposes to connect the Woosung shore end with this settlement by an air line extending along the road constructed by foreigners from Shanghai to that point, which he is confident can be done without much popular opposition, and that no official obs- truction thwart him ; as the Imperial...”
12

“...210 SUPREME COURT & CONSULAR GAZETTE. Aprd 2*111, 1867 .enforced in the Court of Admiralty, inasmuch as the payment of the money borrowed was not made to depend upon the arrival of the vessel. See also The Nelson, 1 Hagg. Adm. Rep. 169; The Atlas, 2 Hagg. A dm. Rep. 53 \The Emancipation, 1 Wm. Rob. Adm. Rep. 130; The Royal Arch, 6 W. R. 191 (Adm. C.) It is not however necessary that the person advanc- ing his money upon a bottomry bond should take upon himself the peril of the voyage, expressly and in Serins, though this is often done ; for it is sufficient that the fact can be collected from the language of the instrument, considered in all its parts ; for it has been said that such instruments as bottomry bonds, being drawn up in the language of the commercial men, and not of lawyers, should receive a liberal construc- tion to give effect to the intention of the parties. Simonds v. Hodgson, 3 B. & Ad. 50, 57; 6 Bing. 114 ; The Nelson, 1 Hagg. Adin- Rep. 169; The Emancipation, 1 Wm. Rob...”
13

“...April-27 th 1867. SUPREME COURT & CONSULAR GAZETTE. 214 .funPon bottoipry is the saute, only, in the second case, >fcliere is this ingredient, the money cannot be raised without the pledge of the ship. “ Now the rule of law was broken in upon by the j udgment of Lord StQwell, in the case of La Ysabel (1 l)od3. Adm. Rep. 273), for, in that case, the ship and the owner were in the same country, but not in a coun- try where there was the ability
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“...212 SUPREME COURT & CONSULAR GAZETTE. April 27th 1867. tomry, do so after having ascertained that it is wanted for the necessities of the ship, they are not bound to Bee to its application. The Roderick Dhu, 1 Swab. Adin. Rep. 182. The sale of a bottomry bond, pursuant to public ad- vertisement, by auction to the lowes bidder, in a for- eign port, is not sufficient to discharge a purchaser from, making reasonable inquiries whether the master is, under the circumstances, justified in granting the bond. Soares v. Rahn, 3 Moo. P. C. C. 1, 10. A bottomry bond may be good in part, though void for the residue. Thus, in Smith v. Gould, 4 Moo. P. C. C. 21, where a bottomry bond was given by the master at New York, as well for advances to obtain his discharge from arrest at the instance of the iconsig- nees, on account of damage done on the voyage to part of the cargo, as for payment of the port duties and other disbursements necessary to enable the ship to prosecute her voyage ; the Judicial Committee...”
15

“...Thursday at Auction by Messrs. Wheelock and Meller, for the sum of Tls. 10,050, Mr. Probst being the buyer. In the case of Francis & Co. versus Owerweg & Co., heard before Mr. Tettcnborn on the 12th inst. in H. P. M. Court, in which plaintiffs claimed rent on a lease for a half year, bub in which the defendants instituted a counter-claim for damage resulting from the fall of a godown, it was decided that the lease be cancelled ac- cording to the Common Civil Law of Prussia 383 part April nth 1867. SUPREME COURT & CONSULAR GAZETTE. 213 1 lib. 21, rent being paid up to date of the accident; the premises being at present unfit for the purposes of the contract. The first day of the Athletic Sports yesterday was a thorough success. The weather was a little too warm—- and this was the more felt in consequence of the early hour at which the sports took place. The events were: —The 100 Yards Flat Race, won cleverly by Brom- ley, in 11 secs., Cooper second, Reid third. The High Jump, won by Cook, who cleared...”
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“...214 SUPREME COURT & CONSULAR GAZETTE. April 27 th 1867. COMMERCIAL. Shanghai, Friday Evening, April 26th 1867. Imports.—Until the arrival ofthe Nauzing from Tien- tsin an active business was doing in nearly all kinds of Cotton goods at our quotations, but the news from the North was regarded as unsatisfactory, and our Market has been extremely qtfiet for the past few days. The staple articles of import have, however, now passed into few hands, and there is no disposition on the part of holders to realize at such a heavy sacrifice as present prices would entail. Home advices are in so far satis- factory that they report the export of all kinds of Cot- ton goods to Shanghai for the months of January and February, at only l-f| millions of yards. From C ireful estimates that have bfeen prepared, Stocks do not ap- pear to be in excess'of requirements, and the quantities known to be on the way are not calculated to depress the market. Tea.—During the past week only one chop of Con gou has been...”
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“...SUPREME COURT & CONSULAR GAZETTE. NOTICE. rpENDERS for the purchase of 100 Shares new issue JL of Shanghai Steam Navigation Co.’s Stock will be received by Messrs. Russell & Cd., Agents of the Company, up to April 30th next, on which date the allotment will be made. The tender to state the number of shares wanted and the price per share. No tenders below the par value (Tls. 1,000,) will be entertained. GEORGE TYSON, President S. S. N. Co. Shanghai, 16th March, 1867. In Chancery. In the Matter of the Companies Act 1862. and In the Matter of the Asiatic Banking Corporation. FT HE Creditors of the above named Corporation are 1 required, on or before the 17£A day of July 1867 to send their names and addresses and the particulars of their debts or claims and the names and addresses of their Solicitors (if any) to Mr. William Turquand and Mr. Frederick William Lawrence, the Official Li- quidators of the said Corporation, at the Asiatic Bank, situated No. 4 Lombard Street, in the City of London...”