Your search within this document for 'supreme' resulted in 16 matching pages.
1

“...SUPREME COURT & CONSUL AR GAZETTE, And Law Reporter for the Supreme & Provincial Courts of China & Japan. Vol. I SHANGHAI, SATURDAY, 1st JUNE, 1867. ________No- 22 CONTENTS. Lb aping Articles. Page. Discharging Seamen........»................267 The Civilization of the Chinese............267 Cases in H. B. M.’s Supreme Court. In Admiralty :—in re “ Seaton ”............269 McLarty v. Macfarlane—Judgment............270 Scheihler v. Rosenthal.....................270 Summary Cases..............................273 Police Cases....*..........................273 Case in U. S. Consular Court. Page. United States v. Comfort Whiting........ .271 Case in Mixed Court...................... E. J. Hogg v. Ah-Ch6n and Ah-Yu.......273 Dispatch on Revision of Treaty...........274 News of the Week,........................274 Commercial Summary,..............*.......277 Quotations, Meteorological Table, &c....'277 Shipping, Memoranda &c...................278 NOTIFICATIONS H. B. M. Supreme Court. H. B. M.’s...”
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“...SUPREME COURT & CONSULAR GAZETTE. H. B M. Supreme Court. H. B. M’s. SUPREME COURT FOR CHINA AND JAPAN. VJ OTICE. — It it hereby notified that the sittings of the Court for hearing Civil cases during the month of June next, will be held on Wednesdays the 5th, 12th, 19th, and 26 th days of that month respectively, for Motions, Applications &c. on Fridays the 7 th, 14th, 21 st, and 28th proximo. Shanghai, 29th May, 1867. Prussian Consulate General. K0NIGL1CH PREUSSISCHES GENERAL CONSULAT. OESTERREICHISCHEN Staatsangehdrigen wird hierdurch bekannt gemacht, dass die Vertretung Oesterreichischen Interessen vom gestrigen Tage ab wieder auf mich ubergegangen ist. AUSTRIAN Subjects are hereby notified, that I re- sumed yesterday the functions of H. I. R. Apostolic M.’s Consulate at this port. Der Stellvertretende Konigliche General Consul, TETTENBORN. Shanghai, den 17 Mai, 1S67. Imperial Maritime Customs. CUSTOMS’ NOTIFICATION, No. 53. ‘YINGTSZE LIGHT SHIP. [Newchwang.] AT the request of Mr. Macpherson...”
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“...June is<5 1867. SUPREME COURT & CONSULAR GAZETTE. 267 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. Ho communications can be noticed unless accompanied by the name of the writer. SKjjwtte Coart aab Consular fcrfte Shanghai, June 1st, 1867. There are few items of Imperial expenditure which attract less attention and which come less under the notice of the general public than those which figure in the quarterly returns of every British Consulate in the four quarters of the world, in respect of discharged and distressed seamen. In this port thousands of dollars are annually expended by Her Maiesty’s Govern- ment for the support, maintenance, and expenses of shipment home, of this' class of men; nor is this outlay incurred simply for our own country- men, for every man who signs articles on board a British ship, no matter his nationality...”
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“...268 SUPREME COURT & CONSULAR GAZETTE. June ls£ 1867. critic’s views and our own than a perusal of his article would lead one to believe; and we think that a careful consideration of our remarks woidd convince him that the opinions he attributes to us are not deducible from our observations. To the contrast which he draws between China and Europe, we would willingly add a few touches to render it deeper and more unmistakable; and we gave expression to this feeling when we said of civilized people, 44 Their nerves are more deli- cately organized, their hearts beat high with nobler and more elevated aspirations than the Chinese, they have superior capacity alike for pleasure and for pain, they are justly conscious of a higher state of civilization.” But unfortun- ately we have no fairy wand, by waving which we could dissolve the complicated effects and in- dissoluble associations which thousands of years of custom have produced in the minds of the Chinese ■ we are not the happy possessors...”
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“...June ls<5 1867. SUPREME COURT & CONSULAR GAZETTE. 269 tion alive under all circumstances, is one of no mean difficulty, yet Ireland was a country having no greater density of population than China, it was a country of only a few millions, it was part of the wealthiest and most highly developed empire that the world had ever seen, all the powers and adjuncts of the most advanced civilization were at its command, the sympathies of the British people and .'government were ex- cited to the highest degree and their material assistance was munificent, but with all this the physical equilibrium between the wants of the Irish and their means of support could not be restored; the gigantic efforts of a whole nation bending themselves to grapple with the calamity were insufficient, and hundreds of thousands found in death and emigration the solution of the difficulty. England, Scotland, and Ger- many, where population tends to increase rapid- ly, only save themselves from a similar fate by extensive...”
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“...270 SUPREME COURT & CONSULAR GAZETTE. June l,tf 1867 before and wages earned after a Bond, that in practice both have been alike preferred to the Bond. I think it better that the ancient practice of the Court should not be disturbed. I decide therefore that the claim of the seamen in the present case is superior to the claim of the Bondholder, and therefore to the claim of the owner ©f the cargo who derives through the Bond.” As regards the claim of the Master, the case cited by Mr. Robinson is equally conclusive with that which has settled the rights of the crew. In' the case of the Salacia Dr. Lusliington says, “The Bondholders say that by executing the Bond on ship and freight, the Master has pledged himself not to touch that fund to the prejudice of their claim. The Court has in previous cases decided that when the Master by ex- press words has bound himself to pay the money ad- vanced on bottomry, he cannot compete with the Bond- holder for his wages against ship and freight. The question...”
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“...Jwie ls£ 1867. SUPREME COURT & CONSULAR GAZETTE. 271 recollect the 17th April perfectly ; remember having a conversation with defendant. I heard him request Mr. Rolls to fill in a Compradore’s order for £60 at the sight rate of exchange of the day. I saw Mr. Rolls hand it to Mr. Rosenthal, who gave it to me requesting me to go to Mr. Scheibler and pay the money and get delivery of the carriage. I stepped in to Mr. Maccall at the Chartered Bank on my way to enquire the rate of exchange. He told me the rate of exchange for sight Bills on London was 5/10|. 1 went from Bank to Mr. Scheibler’s house within an hour of the time the purchase was made. I saw Mr. Scheibler, and told him I had been instructed by Mr. Rosenthal to come and take delivery of the carriage. I also asked if he knew the rate of the day. He looked at the newspaper and returned and told me it was 5/9|. I told him I could not pay at that rate, my instructions were to pay at the rate of the day; that I had just enquired at the...”
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“...272 SUPREME COURT & CONSULAR GAZETTE. June 1S67. continued performing my duty till we got to Ningpo. We arrived at Ningpo at 5 o’clock. I cannot say whether Capt. Whiting went ashore at that time. If he had gone ashore, the ship would be in my charge after she was made fast to the mooring. The Captain sometimes told me when he was going ashore. Sometimes he did not communicate with me personally when lie was going on shore ; but he always left word with the quarter master or some other per- son. No difficulty occurred that night. Next morn- ing (10th May), after the Captain had come on deck, I went to him and asked him if I were to understand that I was to leave the ship. I did this because I un- derstood from him I should be discharged. He told me to go to my room. I replied I wanted to go be- fore the Consul and not to be shoved down in my room. He told me to leave the ship and to go down off the deck. He commenced to put his hands on me and pushed,me, telling me to take my things and...”
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“...Jane 1st 1867.' SUPREME COURT & CONSULAR GAZETTE. 273 charge. The Consul wrote to me that Mr. Godfrey had applied for a discharge, but he had heard nothing of it. I did not tell Mr. Godfrey that I would discharge him. I did not see Mr. Lord. Mr. Nissen of the Con- signees’ deposited the papers. I consider Mr. Godfrey a good and competant man, but he is morose I think from hia misfortunes. In this case the prosecutor was compelled, in justice to himself, to bring an action for his illegal discharge by the accused, at Ningpo, from the American steamer Yung-hai-an. He had refrained from taking legal action whilst at Ningpo, feeling .confident of receiving justice at the hands of the owners in Shanghai. The rules of their service making it necessary to hear the official statement of the accused before giv- ing the prosecutor further employment, were com- plied with ; but such official statement not being sat- isfactory, a recourse to a judicial investigation became apparent, the means of obtaining...”
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“...274 SUPREME COURT & CONSULAR GAZETTE. June lsrf 1887- However he was no doubt responsible for the money for the present year’s lease as he had occupied the house. He was liable only for the time that lie showed by his acts that he considered himself A-chen’s assign in this matter, and he could refuse at the end of any year to act as such any longer. As to Ch’en-chun-ko the case was different. If he was the heir or admin- istrator of A-yu’s estate he was not at liberty to take the good of that estate and refuse the bad. Still he could not be held liable in this lease for more than the whole estate was worth. Ch’en-chun-ko on examination by FI. E. the Tao-t’ai stated that the estate was very small. On it he had to support A-yu’s widow and children, and had to pay out of his own to meet this and other claims. Mr. Hogg pointed out that at present only a year’s rent was claimed. Mr. Winchester suggested to his Excellency the settlement of the claim for the one year’s rental; and that the question...”
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“...June 1st 1867. SUPREME COURT & CONSULAR GAZETTE. advent of a new dynasty, until which time it will be impossible for anyone to obtain possession of any portion of it.” Further particulars have been published with reference to the wreck of the American barque Hover, near Tai- wan (at first reported in error as near Tamsuy) of which the following, being the deposition of the one Chinese survivor, taken by the U. S. Consul at Amoy, embodies the most important facts. I shipped at the U. S. Consulate Feby. 28th"1867, on the barque Hover. Sailed from the port Saturday mor- ning March 9th. Had stiff winds and were under close reefed topsails at about 11 o’clock on the night of Tuesday March 19th. We struck a rock on the lar- board side. Had seen Formosa the evening before, and were keeping off. When we struck, we at once backed the sails, after which she slid off the rock, went a little distance and then struck on the other side. The Captain shifted the helm and then she began to move. The Captain...”
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“...276 SUPREME COURT & CONSULAR GAZETTE. June U7 1807 them to Shanghai, and that the result of their delibera- tions will be transmitted to Mr. G. H. Fity Roy for his approval. The North China Daily News of the 30th ulto. contains the following: “There are some curiou s reports in circulation relative to the attitude of Russia with regard to the Foreign Customs in China, which it is just as well that the public should have cleared up. It has been stated by well informed persons that the Chinese Government, acting in concert with Mr. Hart, the Chief Superintendent of Customs, intended last year to establish a Custom- house under foreign inspection at Chang-Kia-Kiu, or one of the northern frontier towns through which the bulk of the Russian export and import trade passes between that empire and China. The subject was seriously discussed at Peking, as being very desirable to apply the same means for collecting revenue from the Russian trade, that are now employed for levying duties on other foreign...”
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“...June lsZ 1867. SUPREME COURT & CONSULAR GAZETTE. 277 need be permitted to take passages in a steamer with- out producing this document. Moreover there would be no object for any but known and responsible parties engaged in trade in visiting the interior ; and further, the great distance of Kewkeang from the Coast Ports, and consequent absence of discharged seamen and des- erters from the shipping, is a still further guarantee against the abuse of the concession we now ask for. I n conclusion, the only people likely to suffer from the change we propose would be a few of the local mandarins, who might lose some of their illegal per- quisites, against which we would place the more than corresponding benefit that would accrue to the Imperial revenue. Under existing circumstances “Transit Duty Passes ” are a dead letter at this Port, and of no avail whatever : the local authorities demand numerous small and vexatious taxes over and above those provid- ed for by the Treaty, consequently foreigners...”
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“...278 SUPREME COURT & CONSULAR GAZETTE. June ls£, 1867 H. B. M.’s SUPREME COURT FOR CHINA ANU JAPAN. Trial by Jury. Wednesday, 5th June, 1867, at 11 a.m. Sung Ying } Claimfor Tls. 1,251 damages Blum Brothers & Co. ) ~breach of contract &c' SHANGHAI SHIPPING. Arrivals.—May 26tli, Argus h. b. m. s., Chefoo ; Ma- lacca str., Hongkong ; Vulcan Str., Foochow; Catharine, Nagasaki ; Minnie, Nagasaki ; 27th, Neptune, Swatow ; Hotspur, Nagasaki; Venita H. P. M. S., Chefoo ; Suwonada str., Hongkkong; Miaca str., Tientsin; Sir Lancelot, London ; Gossamer, London ; Hoang-ho, London ; Coulna- kyle, London ; Laurel, London ; Shanghai, Manila ; Sala- mander, Nagasaki ; Carl Wilhelm, Nagasaki ; 28th, Yuen- tsze-fee, str., Tientsin; Maiden Queen, Liverpool; Mary Whitridge, New York ; 29th, Chariot, Amoy ; Luchow, Swatow ; Cornelia Mathilde, Swatow ; 30th, Diana, Swa- tow ; Maury, Swatow ; Wilhelmina Fredericka, Batavia ; E. W. Seyburn, Nagasaki ; Anna Dorothea, Cardiff ; 31st, Primauguet H. I. m. s., Chefoo...”
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“...SUPREME COURT & CONSULAR GAZETTE. British Consulate H nkow. British Consulate Newchwang THE BANKRUPTCY ACT, 1S61. IN H. B. M.’s COURT AT HANKOW. . In the matter oj John Alexander Handy and James Anderson Crawford, trading under the style of Handy and Crawford, Bankrupts ; and in the matter of John Alexander Handy, Bankrupt. Before W. H. Medhurst, Esq., H.B.M. Consul. MEMORANDUM.—At a public sitting of the Court held this day for the said bankrupts to pass their last examination, and also to make application for their order of discharge under ‘ ‘ The Bankruptcy Act. 1861,” whereof, and of the purport whereof, the notice required in that behalf was duly given, I, H. B. M. Consul, acting in the prosecution of the said bank- ruptcy, held a public sitting at the office of this Con- sulate this day for the purposes aforesaid, when the said bankrupts passed their last examination, and made application for their order of discharge, and there being no opposition thereto, it was adjudged by the Court...”
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“...SUPREME COURT & CONSULAR GAZETTE. PUBLIC AUCTION. By order of the Mortgagee. Hongqve Settlement.—A valuable Lot of Land possessing extensive frontage to the River Whangpoo. MESSRS. COWIE & Co. have receivetl in- structions to sell by Public Auction* without reserve, on Monday, the seventeenth day of June, 1867, at their Office, No. 26 Foochow Road, at three o’clock P.M., in one Lot, a piece of Land described in the Books of Registry at JL. B. M.’s Consulate as Lot No. 335, Register- ed No. 328, and standing in the names of J. W. Allen and Helen Chancery Cryder. The Lot is situated on the River side, Hongque, just above Messrs. Gibb, Livingston & Co.’s Wharf and measures twenty three mows, more or less. For further particulars apply to the Auc- tioneers. Shanghai, 31st May, 1867. FOR SALE. A very desirable Property AT HANKOW. LL that lot of Ground, with the Buildings thereon, belonging to the Central Bank of Western India, situated in the centre, of the British Concession, Hankow. The Buildings...”