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

“...SUPREME COURT & CONSULAR GAZETTE, And Law Reporter for the Supreme & Provincial Courts of China & J apart. Vol. II SHANGHAI, SATURDAY, 3rd AUGUST, 1867. No. 31 CONTENTS. Leading Articles. Page The Decision in re Dent & Co, Bankrupts.. 45 The Recent Outrages in the Corea......... 46 Cases in H. B. M.’s Supreme Court. Hillv. Gubbay............................ 46 Chan-Tze-Yuan v. W. Gamble............... 47 In Bankruptcy :—In re Dent & Co,......... 48 Summary Cases ........................, 50 Police Cases............................. 50 Case in Supreme Court, Hongkong. In Bankruptcy :—In re Lyall, Still & Co, Ex parte B. Liebert......... ............ 51 Paget Case in United States Consular Court. Wardell and Sherer v. F. II. B. Jenkins...... 52 Case in H.B. M. Provincial Court, Kanagawa. R. Brett v. Chartered Mercantile rBank...... 52 Report of Meeting of Shanghai Gas Company.. 53 Projected Rules for New Mixed Court......... 53 News of the Week,........................... 54 Commercial Summary...”
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“...SUPREME COURT & CONSULAR GAZETTE, Prussian Consulate General. CONCURS EROFFNUNG. • 9 7 TBER das Vermogen der Eirma Opfert, Schar- VJ fenort & Co. zu Shanghai und die Privatver- raogen der Gesellschafter Emil Oppert und Johannes Scharfenort ist der kaufmannische concurs eroffnet und der Tag der Zahlungseinstellnng auf den 11 ten Juli d j. festgesetzt worden. Alle Schuldner an Geld und Sachen haben innerhaibd Woehen bei Vermeidung der Klage an diese Behdrce Zahlung oder Ablief- erung zu leisten; alle Glaubiger der Firraa haben alle ihre Anspruehe mit dem etwa verlangten Vorrecht bis zum 4 ten September 1867 schriftlicli oder zu Protocoil anzumelden und zur Priifung und Feststellung aller angemeldeten Forderungen am 18 ten October 1867 uni 12 uhr, zur Wahl eines Verwaiters aber bereits am 7 tin August d. j. um 12 uhr in Bureau der unter- zeiehneten Behbrde zn erscheinen. Auswartige haben einen Bevollmachtigtcn am hiesigen Orte zu bestellen. BANKRUPTCY. VA 7 HERE AS Messrs. Oppert, Scharfenort...”
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“...1867. SUPREME COURT CONSULAR GAZETTE. 43 It is requested that only suck 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 accompanied by the name of the writer. Supreme fiwrt anh Consular feette Shanghai, August 3rd, 1867. In another column our readers will find a decision of the Chief Judge, on an application made to him by the Agra Bank, to set aside the adjudication in bankruptcy obtained on the petition of two of the partners against the well known firm of Dent & Co. The judgment is of the greatest importance to the mercantile com- munity, and, if correct, cannot fail to exercise a great influence on the course which traders in great difficulties may take in order to avail themselves of the Law of Bankruptcy. We should, however, be wrong in withholding the fact that the view taken by the Chief Judge of our Supreme Court...”
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“...SUPREME COURT & CONSULAR GAZETTE. 46 ing swallowed up by one or two creditors. The debtors, however, were not adjudicated Bank- rupts on the’petition, because, we presume, there was some impediment in the way, arising out of the wording of the local Bankruptcy Ordinance, there is none in the Imperial Act. Service at the place of business is by the latter Act a good service on absent partners, and the consequence of non adjudication is that after an attempt to protect the property by an assignment, the creditor obtained execution on his judgment; whereas if the judgment of the Chief Judge of the China and Japan Court is correct, the property would have been effectually protected and held to the use of all the creditors in- discriminately if it had been possible either to have adjudicated the firm bankrupts on their own petition or on that of a creditor. There is also another matter in connection with these Bankruptcy proceedings which can- not fail to have attracted the attention of our...”
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“...Avgust 3rd 1S67. SUPREME COURT & CONSULAR. GAZETTE. 47 admitted liability. The following evidence was taken. Henry Hill.—1 am Plaintiff in this ease. I enter- ed into an agreement to serve on board the Waratah according to the articles in Court. It was for four months, from Shanghai to ports in China and Japan, In the event of the steamer being sold or laid up the crew were to be discharged and take a discharge from the vessel. I had been at work three days before signing articles. We signed articles on the 7th May. We arrived in Shanghai harbour on the 11th June. The Captain re- turned onboard and said we should be paid up very short- ly, provided the Charterers did not come up to time with the money. The Captain told me to consider myself discharged from the 13th. He refused to supply any more mess, and T kept myself from that date to the time of my leaving the vessel. I did not have any- thing more to do as Engineer, but was of service on board while the boat was at her moorings. The...”
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“...48 SUPREME COURT & CONSULAR GAZETTE. ' A ugust 3rd 1807. cent per annum. He undertook to’act for me in the matter. I agreed to buy the land for Tls. 4,000. He told me he had made arrangements to rent it to Chang-Tse- Yucnat Tls. 800. 1 paid the Tls. 4,000 in -two cheques, one on 4th January 1884, and another 20th February 1864, each.Tls. 2,000. That is the agreement between me and Chan Tze Yuan. 1 have not received the Tls. 800. Chan Tze Yuan told me that in consequence of the depreciation of property he could not pay the rent, and 1 agreed to release him by his paying the arrears of rent, and he proposed to do so by my retaining the bargain money ; which he presumed I had received. He said he had not paid Mr. Gamble, but tliat that gentleman owed him money, and the debt had been transferred in . settlement. He also stated that the price ivas Tls. 4,000. Mr. Yate’s account of his inter- views with me are correct. Cross examined.—I am prepared to swear positively that the sum for purchase...”
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“...CONSULAR GAZETTE. 49 August ZrJ 1867. SUPREME CPU KT & < power to bind a firm by consenting to »n onier for judg- ment against it. (Lindley p. 227.) It is against all principle that one partner should be permitted to peti- tion against his co-partners. There is no such power under the Act now in principle. Judgment. In this case, I am asked to set aside the adjudication of Bankruptcy granted on the petition of two of the partners of the firm of Messrs. Dent & Co. The ad- judication i3 against all the partners comprising the trad- ing firm of Dent & Co., and the ground upon which it is sought to set it aside is that the petition is not signed by all the partners. I have given every consideration I can to the argument of the learned Counsel who ap- peared on behalf of the Agra Bank, who has an unsatis- fied judgment against the firm, but I disagree 'with him on two points. 1st, 1 think that if I was to hold that the petition for adjudication by a trading firm in a state of insolvency is invalid...”
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“...of) SUPREME COURT & CONSULAR GAZETTE, August 3r
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“...SUPREME COURT & CONSULAR GAZETTE, FOR SALE, OR TO BE LET, At Shanghai. The Property of the Agra Bank, Limited. A Lot of Land, situated in the Kewkiang and Sze- chuen Roads, and the Buildings thereon, consist- ing of Senior and Junior Hongs, Compradore’s offices, &c., &c. For particulars apply to Mr. Morriss, Agra Bank, Limited, Shanghai. Shanghai, 19th July, 1867. UNION INSURANCE SOCIETY OF ( ANTON. 'BE Undersigned, having been appointed Agents for the above office at this port, are prepared to accept Marine Risks at current rates. GIBB, LIVINGSTON & Co. Shanghai, 13th July, 1867. AUSTRALIAN COAL. NEWCASTLE WALLSEND COAL COMPANY. Head Office, Sydney ; Mines, Wallsend; Port of Shipment, Newcastle, NS. W. IN the Admiralty Report on Australian Goal, printed by order of the House of Commons in June 1862, this Company’s Coal was placed first for Steam pur- poses, the report being—“ very good in every respect.” A copy of the report is printed on the back of the certi- ficate issued with each...”
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“...August 3/v/ 1867. SUPREME COURT & CONSULAR GAZETTE. 51 were charged with being drunk and disorderly. The offence was admitted. P. G. Chamberlain stated that Hughes had been drunk on the previous night and was beating the Chinese and Europeans in the street. He appeared to be quite unconscious of what he wa3 doing. He pushed a European who was standing on the side of the road against a house and broke a pane of glass. Hart was drunk too, and got hold of the constable’s arm while nearing the station, in charge of the other man, and wrenched the baton from him. The con- stable then called for assistance, and he threw the baton at him, but missed his aim. He then ran away and was arrested by another constable The witness stated in reply to the Conrt that pris- oner threw the baton at him with all his might and evidently with the intention of hitting him. His Honor sentenced Hughes to 14 day’s imprison- ment or a fine of $4 ; and Hart to 21 day’s day’s or $6 fine. Thos. Mallon, just released...”
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“...5-2 SUPREME COURT 4 CONSULAR GAZETTE. 4 hc) dst 3rd I So?. fcreditcdin the first place, in case Mr. Leibert, failing in the stoppage in transitu question, should be held to succeed on his title under this equitable lien. As to costs, I think the usual course on such motions as the present is that the costs of Mr. Leibert, as between party arid^arty, should be paid out of the bankrupts estate. The official assignee’s costs as between solicitor and client must also be paid. COURT OK THE U. S. CONSULATE GENERAL; July 29th 1867. Before W. P. Mangum, Esq., and Messrs. E. G. Low and L. H. Stoddard, Associates. Wardel, and Sherer v. F. H. B. Jenkins. Claim forTls: 3,123.43. Mr. Fames for the Plaintiffs, Mr. Robinson for the Defendant. This case was an action for the recovery of Tls 3,123.43, alleged to be due to the Plaintiffs in final settlement of certain contracts into which they entered jointly with the Defendant. The evidence (given below) shews that defendant had upon going to Europe made...”
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“...August 3rd 1867. SUPREME COURT & CONSULAR GAZETTE 53 while Manager of the. Yokohama branch of the said Bank, until the lawful ownership of the said sum shall be determined.” That the money was so deposited, and is still in'the possession of the Bank has been clearly shewn; indeed, it is not disputed by the Defen- dants. They, however, oppose the application of the Plaintiff on the grounds : —That they hav.e a first claim on the deposit to the extent of $3,200 (and interest) which is, they state, the amount of the Plaintiff’s indebtedness to the Bank on an overdrawn current account, but which on the other hand, the Plaintiff maintains was paid to him in lieu of six months’ salary according to agreement, on his resigning his appointment in the Bank; and 2nd.—That the Plaintiff has given a lien upon the deposit in favor of Messrs. Wm. Kemptner & Co., and under an acknowledgment of this on the part of the latter. The Bank holds the amount (less their claim as above stated) as a set off against...”
13

“...SUPREME COURT & CONSULAR GAZETTE. August 3rd 1837. Offences committed by the writers or messengers, such as fraud, trickery, extortion and like misdemean- ours, shall be dealt with severely. Within the limits of the settlements the arrest and \ custody of foreigners who may be without Consuls shall be carrid out by the Police employed by the Municipal Council. IX. —The Deputy shall keep a record of all cases, showing the names of the parties arrested, warrants issued, the charge, and how disposed of ; and this re- cord shall be open to the inspection of the superior authorities. Should the deputy be guilty of misconduct or give rise to injurious reports, the Taotai shall dismiss him and appoint another in his place. X. —There shall be no fees collected in cases between Chinese and Chinese, such practice not being custom- ary in China. But in mixed cases the fees shall be levied at the following rates. These shall be paid by the party against whom the Court shall decide, save in cases where...”
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“...Avgust '3rd 18G7. SUPREME COURT & CONSULAR GAZETTE. 55 near Woosung on Sunday morning, 28th ulto., and sank instantly. The Titan which was towing her, nar- rowly escaped being dragged down. All on board were fortunately saved. As will be seen by a Report elsewhere, the Shang- hai Gas Company’s prospects are improving, and ar- rangements have been made to place sufficient Deben- ture Bonds on security of the property to pay off the loan now hanging over the concern. The following passengers have arrived during the week : per Malacca, from Hongkong, July 28th, Messrs. H. B. Lemann, J. Keswick and servant, W. E. Gibb, Captain Hutton ; per Erl King, from Hongkong, Captain Hepburn ; per Dupleix, July 31st, for Shanghai, Messrs. Realdes Perrieres, Minoda, Shibonya, Asakoxira, Tarrie, Bruni, Jennet, Josoph, Touvriers, Vauck, 3 friends and 1 infant; for Yoko- hama, Mr. and Mrs. Conil and servt. maid, Messrs. Gihelin, Graf, Pozzi, Briancon, Dumorcel, Ravel, Pugno, Barilette, Siveta, Chalbos, Prevat...”
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“...56 SUPREME COURT & CONSULAR GAZETTE. August 3rd 1867. LATEST QUOTATIONS. Shanghai, August 3rd, 1867. T.m.c. 'T.m.c. Grey Shirtings—5£ Catty,.......... 2.2.5 a 2.3.5 ,, 6i Catty, on spot............ 2.7.8 a 2.8.5 White Do. 64 Reed,............... 2.8.0 7’-Cloths—81b., 36 in,........... 2.8.5 a 2.9.5 Long Ells—//// Scarlet, ......... 7.5.0 ,, Assorted,............... 7.2.0 „ CPH. Scarlet,............ 7.4.5 ,, Assorted,............... 7.2.0 „ GG Scarlet,............. 7.2.0 ,, Assorted,............... 7.3.0 Spanish Stripes—Elephant,........ 0.7.5 a 0 8.5 ,, Britannia,....... 0.6.5 a 0.6.7 Camlets—SS....................... 14.0.0 „ SSS ........................ 13.0.0 Lead............................. 5.0.0 a 5.2.0 Iron—Nail Rod,................... 2.6.0 Opium—Malwa,.................. 555 ,, New Patna,.............>. 465 a 470 ,, Old „ .............. 455 EXCHANGE:— On London.—Bank 4m/s. 6s. 2Jd. per Tael Credits, 4m/s. 6s. 3|d. „ Bills with'doct., 4m/s. 6s. 3£d. ,, On Paris.—Credits, 4m/s., Fes...”
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“...SUPREME COVET & CONSULAR GAZETTE. British Consulate Shanghai. Boats shall be registered with their crews at the Har- bour Master’s Office, where each boat will be given a certificate and number. The words “ Licensed Pilot- Boat ” shall, with the number, be legibly painted at the stern and on the head of the mainsail, and a flag, of which the upper horizontal half shall be yellow, and the lower green, shall be flown. Such registered Pilot- boats shall deposit their national papers with their Consul or the Customs ; they shall be at liberty to move freely within the limits of the port and pilotage ground, and shall be exempt from Tonnage Hues. On the requisition of the Harbour Master or his deputies, it will be obligatory on registered Pilot-boats to convey from place to place within the limits, employes be- longing to either Customs’ or Harbour Master’s Depart- ments, with such stores as may be wanted for either Light-Houses or Light-Ships. 13. —Piloto? losses: compensation how to be made...”
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“...SUPREME COURT & CONSULAR GAZETTl! Imperial Maritime Customs. Imperial Maritime Customs. Who is unable to produce Consular certificates as to character, &c. 5. —Examinations to be competitive.—The examina- tions shall be public and gratuitous, and the vacancies shall be given to the most competent among the Can- didates, without distinction of^ nationality: provided always the competency of the first on the list be not relative, but absolute. 6. —Pilots Licences : by whom to be issued.—Pilots’ Licences shall be issued by the Commissioner of Cus toms, in the name, and on behalf of the Chinese Govern- meiit. Licences issued to Pilots not being natives of China shall subsequently be vised and registered at the Consulate concerned. 7. —Apprentice-Pilots : how to be taken.—It shall be allowable for each Licensed Pilot to take an Apprentice, for whom he shall be responsible. On the application of Pilots, the Harbour Master will supply Apprentices with special certificates, but such Apprentices...”