Your search within this document for 'supreme' resulted in 24 matching pages.
 
1

“...H. B M Supreme Court- H. B M. Supreme Court. IN HER BRTTANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN. In the matter of Messrs. Smith, Kennedy & Co., Bankrupts. Shanghai, 27^ 1867. NOTICE is hereby given that a public meeting of the creditors of the above’ bankrupts will be held in the Court room of Her Britannic Majesty’s Supreme Court for China and Japan, Shanghai, on Saturday, the 1th prox. at 11 o’clock in the forenoon, to consider the application ofcertain creditors that the estate be wound up under a deed of arrangement, and the proceedings in the bankruptcy be stayed, as provided in Section 185 of the Bankruptcy Act, 1861. By order of the Deputy Commissioner. R. A. MOWAT, Official Assignee in the said Bankruptcy. IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN. THE BANKRUPTCY ACT, 1861. Shanghai, the 11 th day of A ugust, 1867. OTICE is hereby given that the first meeting of Creditors of H. E. Bush, and R. K. Maitland, who were adjudged bankrupt under a petition...”
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“...SUPREME COURT & CONSULAR GAZETTE. H. B> M.’s Supreme Court. H. B M.’s Supreme Court. It is ordered that, for the regulation of the practice and procedure to be observed in the Supreme Court as a Vice-Admiralty Court, the following Rules shall be established :— ].—All proceedings in Admiralty must be so headed. Note.— Proceedings “ in Admi: alty ” are either in rem qy in personam. Actions in personam shall be conducted in the same way as all other actions of a similar nature, according to the Rules of Procedure prevailing in the Supreme Court in matters of Law and Equity. The fol- lowing outline of procedure will, therefore, be understood to refer only to actions in rem, that is against the Res, in other words, the subject matter of the action. 2. —The name and nationality of the Ship against which the proceedings are taken, must appear, as also that of the Master ; and when the Owners are known, their names and residences should likewise be given. Note.—To give the Court jurisdiction in...”
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“...J dgust 31-^ 1867. SUPREME COURT & CONSULAR GAZETTE. 79 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. No communications can be noticed unless accompanied by the name of the nr iter. (£oarf anb (ftonsalar fedte Shanghai, August 31st, 1867. There lias of late been a noticeable increase in the number of desertions from British vessels in port, and it lias, as will be seen from various sentences passed by the Police Magistrate, become necessary to visit this offence with severity. In a place such as Shanghai, it is pecu- liarly necessary that desertion should be dis- couraged by all legitimate means. Whatever may be its evil effects in other parts of the world, they are doubled in this. The injustice of desertion is chiefly under ordinary circum- stances against the employer of the men—the snip master or owner—but from the peculiarity...”
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“...80 SUPREME COURT & CONSULAR GAZETTE. August 3I.sZ 186?. convicted of a capital offence. It was, therefore, with no small surprise that, with respect to Cliang-Quay-Chin, the murderer of the French policeman, Baron, the public read in the columns of a local contemporary that no less than fifteen months had elapsed since the prisoner was con- victed, and that this delay had arisen in conse- quence of the formalities required by Chinese La w. This statement is, however, correct. Excepting in time of rebellion or war, a very tedious process has to be gone through, before a capital sentence upon a criminal can be carried out. The accused is first brought before the local ma- gistrate—in Shanghai, the Che-Hsien—who pro- nounces his judgment upon the matter, and if he find the prisoner guilty he sends him on to the Che-Foo of the district, who in turn has to forward him to Ngan-Cha-Sze, or District In- spector of Crimes. From this functionary the matter is referred to the Foo-tai, and by him to...”
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“...August 31*-£ 1867. SUPREME COURT & CONSULAR GAZETTE. SI hut pleaded inability to pay. The last payment on account was made sometime in May. He was ordered to pay $10 immediately, and the balance in monthly instalments of $10 with costs. August 23rd, 1867. Lung-Cheong v. W. M. Primrose. Claim for $33, for clothing supplied. The Plaintiff, a tailor, stated that he supplied Defend- ant with certain clothes, and on the 1st April applied for payment. He was told to come next day, but was not then paid, and subsequently he was repeatedly put off. Ultimately the Defendant gave him a promissory note for the amount, payable July 1st., which was pre- sented on that day. Defendant gave him a Compra- dore’s order in exchange for it ; but this the Compra- dore said must be countersigned by Defendant’s brother, who told Plaintiff to come some other day. Plaintiff applied again, when Defendant for the first time said he did not know him. On the 3rd inst, Defendant went to Plaintiff’s shop and said he...”
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“...82 SUPREME COURT & CONSULAR GAZETTE. August 31-s-Z 183“ He ultimately obtains a charter for his vessel on his own account, and then proceeds to Nagasaki. The Court is therefore of opinion that the Plaintiffs have duly established their claim, and find for them accor- dingly for the full amount with costs. MARCUS FLOWERS, Consul. AVe assent to the above, George Lewis, ) Fred. Harrison, j Assessors. IN HER BRITANNIC MAJESTY’S PROVINCIAL- COURT AT HANKOW. 29 Vi day of July 1867. In re Joseph Henry Evans and Alfred Hutchison, Creditors’ Assignees, Plaintiffs, versus The Chartered Bank of India, Australia, and China, Defendants. Reasons for Judgment. The Plantiffs, Joseph Henry Evans and Alfred Hut- chison, Creditors’ Assignees of the estate and effects of John Mackellar and William Grant Gordon, trading under the style or firm of Mackellar and Company, bankrupts, have requested us to specify the reasons for our judgment in the cause the above Plaintiffs brought against the Chartered Bank of...”
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“...August 3ls£ 18G7- SUPREME COURT & CONSULAR GAZETTE. 83 subjectof tlie new Chinese General Pilotage Regulations issued by the Inspector General of Customs, which have received the approval of the Representatives of the Treaty Powers at Peking. In the opinion of the Committee it is to be regretted that no opportunity has been given to the merchants at the open Ports to express their views on a subject of such immediate importance and interest to them as a code^of new Pilotage Regulations, before the approval and sanction of the foreign Ministers at Peking should have been given thereto, and I now venture to make some suggestion regarding certain of the new rules which appear to require changes and modifications to conduce to their satisfactory or equitable working for the port of Shanghai; trusting that these suggestions may yet be in time to receive consideration. With regard to Rules 1, 2, 3, 4, 6, 10, 11, 12, I have no alterations to suggest. Rule 5 states, “the examinations shall be public...”
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“...84 SUPREME COURT & CONSULAR GAZETTE. A ugust 31?Z 1867 tinct pilotages per week, or about Tls. 25,000 each month ! I would further point out that the Captains of steamers plying on the toast are, in the majority of instances, fully as competent as any Pilot can be to take their vessel in and out of the ports to which they run, while some of them by reason of their long expe- rience would undoubtedly take first rank for knowledge of thePilot grounds. I beg therefore to suggest that some modification of this rule be made whereby mas- ters of steamers competent to act as pilots, may obtain the Licence to do so, the owners or agents of steamers in such case to pay a fair annual commutation to the Pilotage Fund. While the rule makes it obligatory on all vessels to employ Pilots, there is no provision made for instances in which a Pilot cannot be obtained. It sometimes Occurs that a Steamer arrives off the entrance of the port, and that a Pilot cannot be found; it would scarcely be just to exact...”
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“...August 3U 1867. SUPREME COURT & CONSULAR GAZETTE. the solemnities usual amongst the Craft, on the 24th of next month. From the same paper we take the following: On Sunday the Cantonese in the settlement, assisted by such of the natives of Shanghai as were devoutly inclined, celebrated the Annual Invocation of Peace Festival, “Ta Ping Koong Tsiang ” The object of the Feast is to propitiate the Demons presiding over war, disease, and all the other “ills that flesh is heir to,” and to pray for the establishment of “Ta Ping,” great or universal Peace, throughout the empire. The procession extended at one time down the Kiukiang Road from the Cemetery to the Bund, and consisted of musicians, bannermen, lantern carriers, ancestral tablet bearers, led ponies richly caparisoned, sedans containing the chief contributors to the “function,” Buddhist Priests, etc., etc. The most prominent object was a gigantic Paper image like a 5th of November “Guy.” The following passengers have arrived during the...”
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“...86 SUPREME COURT & CONSULAR GAZETTE. A ugust 3l.s£ 1867. Green Tear. Some business has again been transact- ed, and a noteworthy occurrence is the opening of the market for Teenkai Teas at a high price, viz Tls. 40. Few people can follow at this range of price, and only four chops have been purchased. Settlements during the week 7,000 | chests. Hankow : Business continues to be transacted at this port at unchanged rates. The following may be found interesting : receipts from the country 1867-68 300,000 chests, 1866-67 293,000 chests, 1865-66 248,000 chests. There is now little chance of any other than the most insignificant falling off in the supplies for the sea- son, seeing that they amount to no less than 30,000,000 lbs. so early in the year as August. The total shipments of last season amounted to 36,500,000 lbs. only. From Kewkiang the excess is about 12,000 chests. Shipping'. The rate is firm at £3 sterling, and should business continue to be transacted, there will bo a scarcity of...”
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“...Avgust 31 sZ 1867. SUPREME COURT & CONSULAR GAZETTE. 87 H. B iVL Supreme Court. H. B- M- Supreme Court, objection to be made thereto shall be filed by the party making it, within five days of the filing of the Report. All questions of cost of the Reference shall be in the discretion of the Registrar, subject to the decision thereon of the Chief Judge. 17 - In all cases the Court shall apply the English Law as administered in Admiralty Courts in England ; and all matters of procedure, not otherwise provided for in these Rules or in the General Rules of Procedure for this Court, shall be governed, as far as may be, by the Rules in force in Her Majesty’s High Court of Admiralty. Appendix A. Causes of Damage. In causes of Damage each party shall, at the time of fileing his petition or answer, bring into and deposit in Court a sealed packet containing a statement of the following particulars :— 1. The names of the two vessels which came into collision, and the names of their respective masters...”
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“...SUPREME COURT & CONSULAR GAZETTE, United States Consulate General. COURT OF U. S. CONSULATE GENERAL. Shanghai, August 22nd, 1867. Estate of Captain A. D. Raye, late Master Tug “Bunker Hill.” ALL persons indebted to the above Estate are re- quested to make immediate payment to this Court, and those having claims against it to present the same in duplicate, with proper vouchers, on or before the KPA dag of September next. B. R. LEWIS, Deputy Consul General, in Charge. British Consulate Hankow IN THE BANKRUPTCY COURT HOLDEN AT HANKOW. THE BANKRUPTCY ACT, 1S61. In the matter 0/Edward Townend, trading under the style or firm of Edward Townend and Company, adjudged Bankrupt on the loZ/t dag of June, 1867. WIIERAS at a public meeting of this Court, held on the §th day of August, 1867, 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 pur- port whereof the notice required in that...”
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“...SUPREME COURT
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“...88 SUPREME COURT & CONSULAR GAZETTE. September 1th 1867. impressed witli the dignity of bearing and the refinement of the foreigner than we should be with that of the Chinaman, that he would be certain to act with the necessary discretion to avoid the possibility of a difference of opinion, which, when it occurs between a European on the one side and a Chinaman on the other is not unlikely to end in an appeal to blows. It might no doubt at the same time be thought that, boasting as China does of her po- liteness and courtesy, there would at least be enough of those qualities among the educated classes to prevent any insult being offered to a foreigner. It must, however, be remembered that the men who would come for the examina- tion, had never before seen the august figure of a native of Europe, and there might be some ex- cuse if they did not quite understands the nature of the strange animal suddenly brought to their view ; the more especially as we cannot but admit, with some regret...”
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“...September 1th ±S67. SUPREME COURT & CONSULAR GAZETTE. SO under the Deed—{It was handed in shewing Tls. 3,040 as due). His Lordship—I shall require actual proof of the amount. Mr. Myburgh pointed out that the Defendant had admitted the interest to be due in a letter written from Foochow on 23rd July 1867, in answer to the plaint. The learned gentleman then called attention to Edwards r. Martin, as shewing that where default is made in payment of the interest, a decree miy be obtained, al- though the time for payment of the principal has not arrived, and he applied to the Court to make the usual decree. (Decree Reserved.) H. B M. SUPREME COURT, SUMMARY CASES. September, 3rd 1867. Before R. A. Mowat, Esq. Say-Foong v. J. Flynn. Plaintiff claimed Tls. 34.50 balance of account due for goods bought from his store on 12th April. Defend- ant admitted originally owing the amount claimed, but stated that Plaintiff had agreed to take back two chairs, which Defendant had had covered, at $20. in reduction...”
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“...90 SUPREME COURT & CONSULAR GAZETTE. September Rh 1867. audited, that there was at the credit of the Company, a Balance, exclusive of Capital, of Tls. 165,46.93 Since the date of the accounts a further sum of Tls. 33,000 has been placed on Fixed Deposit ; the Direc- tors therefore trust, that before the end of the current year, the whole of the Reserve Fund will be made up, and leave a balance for future distribution. The Directors have to congratulate the Shareholders upon the small amount of losses for the past six months. By Order of the Board of Directors, F. E. GWYN, Secretary. Broug't forward, By Losses nd Claims,— Shanghai, ....... Y okohama, ...... Foochow,......... .Tls. 4,666.56 Drt Balance Sheet, 30th June, 1867. To paid up Capital on 400 Shares, ........... ,, Reserve Fund on 31 st December, 1866,.... ,, Balance to be transferred from Working Account,................................... Taels. 200,000.00 105,567.22 59,919.71 Shangha i Taels. . 365.486,93 Cr. Tael'i. By Cash...”
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“...September *th 1867. SUPREME COURT & CONSULAR GAZETTE. 91 The acceptance or otherwise, of this proposal, must rest with the shareholders. The matter has been dis- cussed by the Committee, who are unanimously of the opinion that it should only be accepted if it be found absolutely impossible for the old shareholders to carry out the Club themselves, They think that the latter course, so far from being impossible, is quite practicable, under a new organiz- ation, of course, which would remedy the defects, the existence of which in the old system led to the Club being closed. It is the opinion of many of the old shareholders that the Club could be successfully carried on by re- ducing the rates of subscription and entrance fees : letting out the upper floor as chambers: establishing a (lub Restaurant on the middle floor; and keeping the basement for the purposes to which it has hitherto been devoted. It is estimated that in this way an income of at least Tls. 7,000 might be counted on from...”
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“...92 SUPREME COURT & CONSULAR GAZETTE. September 7 th 1867 The creditors and assets may be classified as I follows:— 1. Creditors. SUMMARY OF ACCOUNTS. Duncan Fletcher. 1. Private creditors of D. Fletcher, with no claim on either firm £17,053 2. Business creditors who hold the separate liability of D. Fletcher by acceptance 208,566 or guarantee 3. Business creditors of the old firm who hold no separate liability of D. Fletcher 72,999 4. Other creditors who hold no separate liability of D. Fletcher 2. Assets. 298,774 1. Private estate of Duncan Fletcher £83,722 2, The undoubted assets of the old firm, being the laud and property which the new firm refused to take over ... 34.973 3. The business assets 151,389 Liabilities. Class No. 1. R' d- Creditors on Private Account ............ 17,053 8 2 Class No. 2. Creditors holding D. Fletcher’s Accep- tances or Guarantees .................... 208,566 I 3 £225,619 9 5 A ssets. Class No. 1. £ s. d. Marine Lots, Nos. 20 and 21, in Hong-...”
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“...September Itk 1867. SUPREME COURT & CONSULAR GAZETTE. 93 All bearings are magnetic, except when otherwise noted. Se? Admiralty Charts—China Sea, sheets 2 and 3, and sheet of Palawan passage. Discoveri/ qreat reef.—The south end of this danger isinlat. 10° O'42" N., long. 113° 51U E., and bears E. N. E., distant 52 miles from the north-east end of ■ the Fiery Cross reef. Tt is a long narrow coral reef, for the most part dry at low tides, with several large r cks upon it which always shew above waitr. In the centre is a lagoon, which appeared to be shallcw, and to Jhave no .’passage through the reef leading into it. From the south point the reef trends first due no th, 5 miles., and then N. by E., 5 miles ; it is a mile broad at the south end and but half a mile at the opposite extreme. No bottom was found at 190 fathoms witlrn a very short distance of any part of the reef except off its north end, where the Rifleman anchored in 42 fathoms, nearly half a mile from the rocks. A third of a...”
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“...94 SUPREME COURT & CONSULAR GAZETTE. September llh 1867 cocoanut trees, near to which is a small well and a few plantain trees. From the island the western hank widens out in directions N. W. and S. W , for a distance each way of 2| miles. The north side of this part of the hank is marked hy a round coral reef, j of a mile in diameter, between which and the reef surrounding the island are soundings of 24 to 7 fathoms, the deep water nearer the island. The south edge of the bank is here also mark- ed by a reef, hut this is much smaller than the one just described, and the depths between it and the island are more favorable for anchoring upon than on the opposite side of the bank, being nowhere less than 44 fathoms. These two reefs the bank gradually nar- rows, and terminates in a point in lat. llu 24'N., long. 114° 10y E., the island bearing E. if N., distant 6 miles. On the north edge of the bank is a sand cay which bears from the island W. 4 N., distant nearly 24 miles, This is also on...”