Your search within this document for 'supreme' resulted in 20 matching pages.
1

“...will be excluded the benefit of the said dividend, and all claims not then proved will be disallowed. IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA & JAPAN. The Bankruptcy Act, 1861. Shanghai, 21 th April 1867. NOTICE 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 Britannic Majesty’s Supreme Court for China and Japan, at Shanghai on the Sth day of April, 1867, having been held on the 25th 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.y Chief Judge of the Supreme Court aforesaid, on Mon- day the 27^/i 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...”
2

“...SUPREME COURT & CONSULAR GAZETTE. H. B. M, Supreme Court. British Consulate Hankow to? osooqo X'cra sjo|ipajo oqq, pm? ‘sioippajo. jo s^qop assignee or assignees of the bankrupt’s estate and effects. At the public sitting proofs of debts of creditors will also be received, and the'bankrupt will be required to submit himself to be examined and to make a full disclosure of all his estate and effects, and to finish his examination. Notice is hereby given to all persons indebted to the said bankrupt, or that have any of his effects, not to deliver the same but to Robert. A. Mow at, Esq., whom the Court has appointed official assignee. THE BANKRUPTCY ACT, 1861. In the Court of Bankruptcy. Shanghai, 12th April, 1867. In the Matter of Kenneth Ross Mackenzie, a Bankrupt. Before Sir Edmund Hornby, Knight, Chief Judge. MEMORANDUM.—At a public sitting of the Court held this day for the said bankrupt to pass his last examination, and also to make application for his order of discharge under “The Bankruptcy...”
3

“...■Mayith 1867. SUPREME COURT & CONSULAR GAZETTE. 215 It is requested that only such communications as relate to Editorial matters be addressed to the Editor, and that they he 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. anh Consular fcettc Shanghai, May 4th, 1867. A Stranger but recently arrived in Shanghai who happened to be present at the meeting of Land Renters which took place at the British Consulate on Monday last, might easily have discerned that the proceedings were being con- ducted under a moribund system. The remarks made by the Chairman in reference to the Wharfage Dues, and the provisional nature of the arrangement entered into with the French Council with regard to ihe subdivision of this tax; no less than the mention of the re-asses- sment effected by the committee appointed for that purpose, formed a sufficient indication that changes of importance and of...”
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“...216 SUPREME COURT & CONSULAR GAZETTE. \Mayitk 1867. general public in Municipal matters, which had previously been left in the hands of a few of the more prominent Land Renters, who, in conse- quence, did almost as they liked. It was not, however, until the foreign community saw the prospect of their being subjected to the taxation which the Chinese could no longer bear, that they began to trouble themselves much upon the matter. But when it became obvious that rates would have to be imposed upon the foreign renter, it also became evident that he was en- titled to some voice which respect to the levy of the taxes. Hence arose the idea of revising the Land Regulations and placing the voting fran- chise upon a more extended basis ; from which idea has resulted the scheme of Revised Land Regulations at present under the consideration of our authorities, upon which we shall treat more at length in a future number. I The position and functions of the commercial associations known as Chambers...”
5

“...light upon these matters, and to make such simple provisions from time to time as may tend to diminish the chances of misunderstanding which now exist. II. B. M. SUPREME COURT. April 21th, 1867. Maccall v. Campbell. This was a Judgment Summons, Defendant having failed to pay Tls. 100 and $36 together with costs ac- cording to judgment delivered March 28th. Wm. Murray, clerk in the Hongkong and Shanghai Bank testified to the Defendant’s having remitted no money to England by bill through the Bank but to hishaving sent a note for $1,006.76, payable on demand, to Japan. Defendant’s balance in the Bank was suf- ficient to meet Plaintiff’s claim. The Court ordered that on the affidavit of the Plain- tiff an attachment be made on the^balance in the Bank, to be paid into Court together with cost of summons and expenses. H. B. M. SUPREME COURT. May ls£, 1867. Before C. W. Goodwin Esq. James Hogg, v. Donald Campbell, Claim for Tls. 210 Rent to March 31st, 1867. The Defendant did not appear. Mr. H...”
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“...218 SUPREME COURT & CONSULAR GAZETTE. May 4tk 1867 once and that the costa of the suit are likewise to be born by Defendant. Arguments.—This is a claim of the duly authorized administrator of the Estate of Alex. Alisch & Co., bankrupts, against the Prussian subject F. Borntraeger, copartner of the firm of Trautmann & Co and only re- presentative of the firm at Shanghai and Tientsin for evacuation of the premises belonging to the bankrupt estate of Alex. Alisch & Co. kat Tientsin. Plaintiff handed to the Court the written contract of the 13th April 1866, which had been drawn up according to the verbal agreement between Defendant and the official assignee, and asserts that Defendant as well as the pre- sent occupier of the premises at Tientsin, a clerk of the Defendant, have received already in the month of July last notice to vacate the premises according to the tenor of the contract clause 3, which fact has not been dis- puted. Plaintiff prays to condemn Defendant to vacate the premises...”
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“...May 4th 1867. SUPREME COURT & CONSULAR GAZETTE. 219 they all responded. Mr. Whitt all explained to the Court that he brought in substance the same charges against Kin- Cheu-quai as against the other two Defendants. Cheu- quai stated that his accounts with E-who had been all calculated up. Mr. Alabaster sent for the books from Dr. Winchester. The orders by Jardine Matheson & Co. on the E-who Bank were then handed into Court. Mr. Alabaster enquired how it could be stated Cheu-quai had stolen Tls. 175,000, when it appeared he was entitled to receive that sum. Mr. Whittall stated that at the Supreme Court Cheu-quai had stated the money was not in the Bank. Wliat then had become of it ? and if Cheu-quai had received it, what had he done with it? The two orders were returned to Jardine, Matheson & Co. as having been paid. Mr. Whittall did not think they had been paid, but they were sent back by the shroff of the Bank. A box was produced in Court from which about fifteen or sixteen Chinese account...”
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“...220 SUPREME COURT & CONSULAR GAZETTE. May Mil 1867 proposed were j per cent on Land, 6 per cent on Rentals ,and 1| per cent for Lighting Rate. Mr. W. H. Carter suggested that seeing we did not know the value of property, it would be better to vote the total sum of money and not the rate— as we were actually working in the dark ; and Mr. Bryans being called upon to state the result of the of the Assessment Committee’s labors, mentioned that great irregularity was found in the old rates and that while some assessments would be lowered others would probably be left as before. It had appeared to the Committee that there was great partiality displayed in the old Assessment. After a lengthened discussion the resolution with respect to assessed Taxes was passed as follows, with a rider : V, —Proposed by Borntraeger, seconded by Hen isen. That the Land Renters’ Committee, or Municipal Council of Shanghai, be hereby empowered to collect the following rates in conformity with the provisions contained...”
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“...SUPREME COURT & CONSULAR GAZETTE. May 4fh I867« with the exception of the feverish days of 1863/4, had never been found to come short of the re- quirements of the place. Mr. F. B. Johnson requested to remark that the debentures were payable by yearly instalments consecutively according to numbers, and Mr. Hayes stated that this had appeared the best mode to the Committee, but the matter was new to them and perhaps some other suggestions might be offered. Mr. My burgh had been consulted as to the form of the debentures which were legally drawn up. Some points of detail having been discussed and one or two alterations having been introduced by the Chairman at the suggestion of Sir Edmund Hornby, into the resolution as it originally stood, it was ultimately put to the meeting in the. fol- lowing form and carried. IX. —Proposed by Mr. Johnson, seconded by Mr. Meintz : That for the purpose of defraying the sum due to the Oomptoir d’Escompte de Paris in respect of monies borrowed for municipal...”
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“...222 SUPREME COURT & CONSULAR GAZETTE. May M 1867. pay the sum of Tls. 35,000, then they can take steps to set another Club going. Mr. Owebweg. But why not empower the Com- mittee to take some measures ? Mr. Lemann. That would be useless. If an- other Club is to be started, it must be quite separate from the old concern. There being no further business, the meeting adjourned, after passing a vote of thanks to the Bliairman. FRENCH SETTLEMENTS IN CHINA. Concession at Shanghai. Paris lS£7t June, 1866. Sir,—As I have already had the honor to inform you, I thought myself called upon, hi face of the delicate questions which are raised by the reorganisation of the French Municipal Council at Shanghai, to appoint a special Committee to seek the most suitable means for avoiding in future all difficulty between our Consul General and the French and foreign residents. This Committee, the Presidentship of which I had conferred upon Baron Gros, Senator, and formerly French Am- bassador to China, and...”
11

“...May 4th 1867. SUPREME COURT & CONSULAR GAZETTE. 223 special qualification will be ultimately agreed upon if there be occasion for it. The Anglo-American Council is composed of nine members, elected only for one year, and if during the year more than three vacancies occur, they are filled up by election without waiting for the time of annual renewal. The Council nominates its President. The qualification (for Councillor) is fixed at 400 francs of taxes. In both systems the Council has two very distinct functions—namely the administrative and the deliber- ative. On the French Concession the Council is charged with Municipal Offices properly so called as well as with the receipt of the taxes and the management of the funds ; it nominates and discharges its employes on condition of obtaining the consent of the Consul General to its choice; it makes police regulations, nominates the officers and adopts all measures for order and public security. As a deliberative assembly the Council is called...”
12

“...224 SUPREME COURT & CONSULAR GAZETTE. May Mh 1867. gagee, for when money is advanced on mortage of a ship, the mortgagee must always be aware that he takes his security subject to all legal liens, and that if he suffers therefrom, his remedy must be against the owners. The Royal Arch 6 W. R. 191, 195. As an ex- ception to the rule, wages take priority over bottomry bonds (The Hersey, 3 Hagg. Adra. Rep. 408; The Con- stantia, 10 Jur. 854), unless it seems they were earn- ed before the bond was taken. Mary Ann, 9 Jur. 95; The Janet Wilson, .6 W. R. 329 (Adm. C.). It has been held moreover that a successful suitor in a cause of damage for collison has a lien on the proper- ty condemned paramount to the claim of a mortgagee or bondholder prior to the period when the damage was done, and that the lien also extends in case of a deficiency of proceeds to subsequent accretions in the value of the ship arising from repairs effected at the expense of the owner. The Aline, 1 W. Rob. Adm. Rep. 111...”
13

“...May 1th 1867. SUPREME COURT & CONSULAR GAZETTE. 225 part of the goods at an intermediate port, if the vessel does not arrive at her port of destination, the shipper is not entitled to receive the sum for which the goods would have sold at that port {Atkinson v. Stephens, 1 Exch 567), and although the point does not appear to have been decided by our Courts (see 7 Exch. 578), it seems to be the better opinion that he could not, in such a case, recover from the shipowner the sum of money for which the goods actually sold. Abbott on Shipping, . The reason why the master can sell only a part of the cargo for the repars of the ship, while, as we have before seen, he can hypothecate the ivhole for that pur- pose, is well laid down in the principal case, were it is said that the master cannot sell the whole of the cargo, * ‘ because it never can be for the benefit of the cargo, that the ivhole should be sold, to repair a ship which is to proceed empty to the place of her destination.” On the...”
14

“...226 SUPREME COURT & CONSULAR GAZETTE. May ±th 1867. at the Mauritius, and there sold by the owner. This view of the case accords with the decisions in the American Courts to which we were referred. Armroyd v. Union Insurance Company; Hurtin v. Union Insur- ance Company ; cited in the note, p. 239, to Mr.. Justice Story’s edition of ‘Abbott on Shipping’ in both of which it was held, that if the cargo is sold at an in- termediate port for the benefit of all concerned, no freight is due.” As to the Transhipment of a Cargo.— When the mas- ter, in distress in a foreign port, cannot accomplish his contract by the conveyance of the cargo in the same vehicle which he had contracted to furnish, it may be- come a question whether he ought not to forward it by some other conveyance, or in other words to transship. As is laid down in the principal case, though the mas- ter “is empowered to transship, he is not bound to transship.” If the master, in the proper exercise of his discretion, transship goods...”
15

“...May Mh 1867. SUPREME COURT & CONSULAR GAZETTE. 227 v. Thornton (9 Ad. & Ell. 314), Lord Denman, in delivering the judgment of the kCourt, only put the case, “where the shipowner or master has no oppor- tunity of consulting the freighter;” and in ‘Abbott on Shipping,’ referred to (Part iv. c. 5, s. 3, p. 301, 9th ed.), the learned author says, “‘The merchant should be consulted if possible.’ In' the present case the plaintiffs had an agent at Valparaiso, and indeed it would seem that a branch of the house, carrying on business in the same name, was established there; and it is stated in the case, that although all the parties knew this, no reference or communication whatever was made to them. ” NEWS OF THE WEEK. The Mess. Imp. Str. Phase, arrived yesterday bring- ing London advices the 16th March and telegrams to April 3rd. The following is a summary of the tele- graphic news. Great Britain.—March 19th.—Meeting of the Con- servatives held—Derby intended Reform on household franchise and...”
16

“...228 SUPREME COURT & CONSULAR GAZETTE. May 4th 1867. been imported in March 1867 against 2,600 in 1866 ; of Camlets only’8,480 against 26,763 in 1866j of Long Ells 10,200 pcs. against 20,570 in 1866. Lon stands at 10,395 pcs. against 4,991 pels, in 1866; Lead 4,627 pels, against 14,191 pels, for 1866. The item of Brown Sugar is noticeable, being 90,889 pels, against 23,819 same month last year. Turning fco Hankow, we find that there has been a steady increase in Imports. T‘Cloths have increased from 10,109 pcs. in Feby. this year to 27,165 pcs. in March. With respect ter the Nienfei Rebels it is stated by Mr. Lord, Commissioner of Customs at Hankow, that trade has not been interrupted by the conflicts that have been raging some distance below that port between the Imperialist Armies and the Nienfei Rebels, who, it would appear, do not devastate the country in the wholesale manner usually prevalent, but -content themselves with levying black-mail, and tribute in kind, by making rapid descents...”
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“...May ±th 1867. SUPREME COURT & CONSULAR GAZETTE. 229 Punch had been for ages in China before he was known in Europe is very humorously told. COMMERICAL. Shanghai, Friday Evening May, 3rd 1867. Imports.—Improved accounts from Tientsin, and the absence of arrivals with Piece goods have imparted a firmer tone to our market, and | lb Grey Shritings are in eager demand at Tls. 2.58 a 2.65. White Shrit- ings are wanted at an advance of about » 1 mace and T’Cloths at previous rates. A considerable business has also been done in Drills at Tls. 3.70 a 4.60 according to quality. Spots and Brocades are dull ^of sale, but Damasks, Velvets, Handker. chiefs and Lawns con- tinue in demand. In Woollens the enquiry is confined to Camlets, Lastings, and Figured Orleans but the prices offered are excessively low. Tea.—Transactions during the past week comprise merely about 2,400 ^-chests Green Tea, there being no Black Teas now left in stock. Prices for Green Teas are unchanged, but much lower rates may shortly...”
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“...230 SUPREME COURT & CONSULAR GAZETTE. May 4th 1867. SHANGHAI SHIPPING. Arrivals.—April 27th, Maggie Leslie, Swatow ; Chal- mers, Liverpool ; 28th, White Adder, Foochow ; Bob Tail Nag, Ilo Ilo ; 29tli, Diamond, Shields; 30th, Ada, Sydney; Erl King str., Hongkong; May 1st, Malacca str., Hong- kong ; Eliza Mary, Nagasaki; Yuen-tsze-fee, Tientsin ; 2nd, Maitland, Foochow; Szechuen, Tientsin ; 3rd, Dup- leix str., Hongkong. Departures.—April 27th, Nepaul str., Nagasaki; Carl Wilhelm, Nagasaki; 28th Snap H. B. M.G. B. ; Condor New York; May 1st, Aden str., Hongkong; 2nd, Doris, Tientsin ; 3rd, Taiping, Swatow ; Yuen-tsze str., Chefoo; Earl King str., Hongkong. Terms of Subscription.—Tls. 12 per annum, Tls. 6.5.0 per half year, or Tls. 3.50 per quarter, payable in advance Credit price Tls. 15 per annum. Single copies 50 Tael cents Advertisements:—First insertion, Teal 1 per 10 line and 10 cents for every additional line. Subsequent in se- tions half the above rate. «...”
19

“...SUPREME COURT & CONSULAR GAZETTE. British Consulate Ningpo. Forrest, Esquire, Her Britannic Majesty’s Acting Consul at. Ningpo aforesaid, the Court has appointed a public sitting to held before Her Britannic Majesty’s Consul at Ningpo aforesaid on Friday the 5th day of July 1867, at jtlie Court at Ningpo aforesaid at 11 o’clock in the "forenoon precisely for the said Bank- rupt to pass his last examination and to make applica- tion for his discharge. At such sitting proofs of debt of creditors will be receiv ed, and the Bankrupt will be required to submit himself to be examined and to make a full disclosure of all his estate and to finish his examination. Christopher Thomas Gardner, Esquire, is the official and sole assignee. THE BANKRUPTCY ACT 1861. NOTICE is hereby given that the following is:a copy of an entry made in the book kept by the Reg- istrar of Trust Deeds for the benefit of Creditors, Com- position, and Inspectorship Deeds executed by a Debtor as required by the Bankruptcy...”
20

“...SUPREME COURT & CONSULAR GAZETTE. PUBLIC AUCTION. WITHOUT RESERVE. The Entire Property of the Shanghai Brick and Saw-Mill Company, Pootung (excepting the Saw-Mill Machinery), all in one lot, includ- ing the Land, Buildings, Brick, Machinery, and Plant. MESSRS. COWIE & Co. have received in- structions to sell by Public Auction, on Monday ZQth instant, at their Office, No. 26, Foochow Road, at 3 o’clock p.m, (unless pre- viously disposed of by private contract), the En- tire Property of the Shanghai Brick and Saw- Mill Company, Pootung (excepting the Saw-Mill Machinery), in one Lot, consisting of— Land, measuring 66 mow 'or thereabouts, with a deep water frontage of 2,420 (Two thousand four hundred and twenty) feet to the river Whang- poo, and situated a short distance below the pre- mises of the Shanghai Wharf Company. Buildings.—A Brick Machine Shed, one storied, mea- suring 105 ft. by 40 ft. A Saw-Mill Machine Shed, 60 ft. by 66 ft., with upper story. A substantial European Dwelling-house...”