Your search within this document for 'supreme' resulted in 21 matching pages.
 
1

“...SUPREME COURT & CONSULAR And Law Reporter for the Supreme & Provincial Courts of China & Japan. V„L. II SHANGHAI, SATURDAY, 5th ©CTOBiCR, 1867. . ho. 40 CONTENTS. (. E A DIN G Ajmc LES. P FranduIenU Preferences....................125 The Inspectorate of Customs ..............123 Cases in II. B.’M.’s Supreme Court. In Admiralty.—In re the “ Malacca”........127 A. Davis & Co. v. Master of “ Invincible”.132 In Bankruptcy.—In re Maitland, Bush & Co.... 132 Summary Case3 ..............................132 Police Cases .............................. 132 Case in Bremen Consulate, Shanghai. In re the “ Siam”.......................... 133 Page Case in IT. B. M.’s Provincial Court, Hankow. In Bankruptcy'. In re Mackellar & Co........131 Case in H. B. M.’s Provincial Court, Chinkiang. In Bankruptcy. In re Hay & Co..........14} Mews of the Week,............................ 141 Commercial Summary,..........................142 Riitpp.g,....................................14 2 Quotations &c., &c.........”
2

“...SUPREME COURT & CONSULAR GAZETTE. H. B. M ’s Supreme Court. Prussian Consulate General IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA & JAPAN. IN THE COURT OF BANKRUPTCY. In the. matter of Robert Kelly Maitland and Henry Edward Bush, lately trading In co-partnership at NeWchwang, in the empire of China, wider the style or.firm of Maitland, Bush and Company, bank- rupts, WHEREAS at a public sitting of the Court held on the 30 Vi day of September, 1867, the Court granted an order of discharge to each of the said bank- rupts. Notice is hereby given, that the respective orders of discharge will be delivered to the bankrupts on the l.sg day of November, 1867, unless in the meantime an appeal be duly entered against the judgment of the said Court. IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN. IN THE COURT OF VICE ADMIRALTY. In the matter of a barque found derelict. Shanghai, KM September, 1867. WHEREAS a cause of salvage has been instituted in this Court on behalf of Thomas...”
3

“...October 5th 1867. SUPREME COURT & CONSULAR GAZETTE. 125 7/;Ts* quested that only such communications as relate to Editorial matters be addressed to the Editor, and that they sent not later than Friday. oq Advertisements will be received till 10 a.m. on Saturday. No communications can be noticed unless accompanied by the name of the writer. j§tt$reme (loud anb Consular tedte Shanghai, October 5th, 1867. The frequency of Bankruptcies in Shanghai and Hongkong induces us to say a few words upon a branch of bankruptcy law of importance alike to the bankrupt and the creditors, and which recent cases lead us to believe is little understood or appreciated by those most interested in the matter. We refer to the subject of “ fraudulent preferences.” The object of the Bankruptcy Acts is clearly to procure the equal distribution of the insolvent's estate amongst his creditors, and hence the introduction into the Bankruptcy Act of 1861 of a section rendering it amongst other things a misdemeanor “ if...”
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“...126 SUPREME COURT & CONSULAR GAZETTE. October 5th 1867 the preferred creditors in each particular case, and collect from surrounding circumstances, the intent. By a comparatively late decision, it was held in substance that it was not necessary that a technical bankruptcy should be contem- plated. It will be apparent therefore that while the law aids the diligent creditor; in cases of fraud it punish- s the bankrupt, and places the general body of creditors in the same position, as if the act had never been committed. However backward the ('hinese empire may be in civilization, however defective our knowledge of its agricultural, manufacturing, and mineral resources, when compared with the ample and accurate information regarding the productive powers and capabilities of western countries, we have in the Imperial Maritime Customs, evid- ence of how much may be accomplished by the fusion of Western influence into the Chinese administration. When we contrast the highly organized Customs service...”
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“...October 5th 1867. SUPREME COURT & CONSULAR GAZETTE, 127 tion. of Foreigners, who, representing the three Treaty powers of England, France and the Unit- ed States, were nominated by the Consular An thorities; Mr. T. F. Wade, now Secretary of the British Legation, being one of the three original Commissioners; with Mr. EdanandMr. Smith as his colleagues. Under the management of these three gentlemen, the Custom House business was conducted in an Office in the now Nankin Road, not far from the Maloo; and from this beginning, has been developed the useful and satisfactory system at presen t in force. It is noticeable that the Inspectorate at first partook rather of a foreign than a native ele- ment; but by degrees it became more and more Chinese in its nature, while at the same time the native Officials began to appreciate the advant- age of foreign honest y; and to reap the benefit in a largely increased revenue. The negotiators of the Treaty of Tientsin re- ceived with much favour aproposal...”
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“...128 SUPREME COURT & CONSULAR GAZETTE. October 5th 1867 we should have gone into them. Channel was too nar- row to euable us to turn the ship round at one sweep. The Malacca did not glance off the moment the collis- ion took place. I will swear her bow was in our ship more than half a minute, lb was a pretty good heavy shock but did not knock me off my legs We brought up because the junks were so tlrck. They were Foo- chow wood junks with loads of wood on both sides. It was not is I think more than half flood when the col- lision took place. The distance from the time we ported to when we brought up was 600 or 700 ft. lie-examined.—The junks were not so crowded as represented on the chart. The collision took place about half past nine. James Neill.—lam a Pilot, about 6 years on river, and was piloting tne Tientsin at time of loss. We were under weigh. Prior to getting underweigh anchored a little below Woosung Creek, about half past 8 a.m. Got underweigh as soon as could furl the sails and...”
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“...October 5th 1867. SUPREME COURT & CONSULAR GAZETTE. 129 The Tientsin commenced to turn in a circle at the time of the collision. Oross examined.—The Malacca was about mid- channel. The vessels were consequently about 400 or 500 yards apart. The Malacca when 150 yards off starboarded her helm. T heard some one on the MaZacca call out, “ Why don’t you go astern the steamer.” They called out, “Let go the anchor.” It could not be a minute between the Malacca's calling out and the collision. The Titan was continually blowing her whistle. The Malacca only blew once, faintly. The JfaZacca turned her stern as soon as the collision took place. I do not know when the junks came. The width of the channel where the collision took place was about 200 yards. Chas. D. Braysher.—I am assistant in charge, on the books, virtually the Harbor master at Woosung. I did not see the collision. I was informed by the signalman of the accident having occurred. I looked through the glass and saw the Tientsin in the...”
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“...130 SUPREME COURT & CONSULAR GAZETTE. October 5th 1867. but I do not know lier age. After the collision the Ma- lacca and Tientsin were alongs’de for a minute. Neither went among the junks. Mr. Myburgh in opening the case for the defend- ant, observed, the defence was by no means so difficult to conceive as his learned friend had represented. The Rule to which he had specially alluded had been re- pealed by a recent Act, and though this might not be universally known, the case must of course be decided according to the law as it stands. After review- ing evidence on the part of the Plaintiff the learned gentleman contended that the Malacca could only act as she had done when she saw the Tientsin port her helm ; and he characterised the attempt at turning where she did as most hazardous and unwarrantable. If the Court held either that the Tientsin was guilty of non observance of rule in porting her helm, or that she was not justified in attempting to turn, under any circumstances in so narrow...”
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“...October 5th 1867- SUPREME COURT & CONSULAR GAZETTE. 131 attempting such a manoeuvre. I should not turn an 800 ton vessel in the channel. D. Martin, Pilot.—I was in charge of the Malacca j!f the 28th July. I observed the Tientsin steaming down the channel. She was on the south side when I first observed her and she crossed over to the North. We were about mid channel The Tientsin ported his helm about two hundred yards from us as I judged by my eye. I asked the Captain to blow the whistle and he made the remark we had better stop her and go as- tern and I said “All right Sir, do so.” He also suggest- ed that the helm should be put midships. The Tientsin was about three points on our starboard bow. If she had not ported her helm and we had both kept our courses, there would have been no collision. The width of the channel was about 300 ft. I did not im- agine before she ported that the Tientsin was going to turn ahead of us. When I blew the whistle I should have thought she would have stopped...”
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“... C. VV. Goodwin, W Deputy Chief Judge H. B. M. SUPREME COURT. October 3rd, 1867. Before C. W, Goodwin Esq. Alex. Davis & Co., v. C. Leeching, Master of the ship Invincible Mr. A Provand, partner in A. Davis & Co., appear- ed in person. Mr. Lowe, Clerk to Gilman & Co., appeared by authority, for the Defendant. This was a claim for Tls. 500, damages in conse- quence of breakage done to a slate for a Billiard Table on board the above vessel. There was no dispute as to the facts, the only question at issue being that of damage. Defendant admitted the market value of the Table to be Tls. 500, audit appeared that storage of the whole five packages constituting the table would amount to Tls. 3| to Tls 4 per mensem ; that a new slate would cost between Tls. 30 to Tls. 40, and that it would take 8 months to get such new slate out from England. Upon these facts, His Lordship gave a verdict for the Plaintiff for Tls. 100 and costs. II. B. M. SUPREME COURT, IN BANKRUPTCY. Sept 30th, 1867. Before C...”
11

“...October 5 th 1867. SUPREME COURT & CONSULAR GAZETTE. 133 oflpn air for two days without finding a purchaser. A foreigner and a Chinaman had. come together and taken them away. It appeared that a case with reference to this matter had been before the Mixed Court, where proceedings vzere instituted against one Wu; but it was proved that one Douglas there stated that the goods had been taken by Mr. Milne’s order. Defendant’s Compradorfe was called and proved that notice was given to the Complainant’s predecessor as stall keeper on the spot in question that if he did not move the goods he would be charged $9 per month rent. This man had since disappeared, and the witness be- lieved that the present complainant was wife of the person and that the stall was the same. Complainant being examined, denied this relationship, or that she had ever learnt either from him or the Defendant’s Agent that she would be held liable for rent. She thought the road was free to her to lay out her goods for sale...”
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“...134 SUPREME COURT & CONSULAR GAZETTE. October 5th 1867. (From the Hankow Times.) IN HER RIBTANNIC MAJESTY’S PROVINCIAL court at hankow. In re. Mackellar & Co., Bankrupts. Second Meeting of Creditors. Before John Gibson, Esquire. September 9th, 1867. (Continued.) Mr. Maxwell put in Power of Attorney from Blain, Tate & Co., claiming taels 27,261.31; also a further separate sum of Tls. 7,741.49. There are shipments of Tea this season on which the probable losses will be about taels 10,000. Messrs. Blain, Tate & Co. wish the accounts to remain open until received from London. Mr. Myburgh suggested that the same course be fol- lowed here in this case as in the Supreme Court—viz., that the accounts be received, subject to alteration hereafter. Drysdale, Ringer & Co. put in a claim on behalf of estate of J. K. Holds worth for taels 1,759.98. M. P. Evans claimed for Reid & Co. taels 16,434.72. J. Henderson claimed for China Fire Insurance Co. taels 328.59. C. C. Rainbow claimed for Thorne Bros...”
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“...October 5th 1867. SUPREME COURT & CONSULAR GAZETTE. 135 trv to
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“...136 SUPREME COURT & CONSULAR GAZETTE. October 5th 1867 I am very sorry that our Land speculations, made sever- al years age, should have proved so disastrous. Yours very sincerely, (signed) W. G. GORDON. To John S. Mackintosh, Esq., Shanghai. The last contract for Tea I entered into was on 24th June. Some of these were the 12 chops which I did not get 1 stopped payment on 28th I did mention to Mr. Medhurst on 25tli the probability of my being obliged to come into this Court After the 20th the value of the Tea purchased by me and not paid for was taels 20,000, and delivered I cannot swear that I did not pay away a portion of the advances received from the Chartered Bank and Mercantile Bank on Teas in June in payment of loans on goods hppothecated to the banks sold by me previously, and of which I had applied the proceeds to some other purpose ; neither can 1 swear that I did not. As we have no special ac- counts, all payments and receipts have been made through the bank 50 bales Long Ells...”
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“...October 5th 1867. SUPREME COURT & CONSULAR GAZETTE. 137 At Or. Capital Account,........... Tls. 30,000 J. Mackellar, .................. 27,300 W. G. Gordon,................... 14,900 Property, valued, .............. 20,000 Tls. 92,200 At Dr. Bad Debts,................. Tls. 41,605 J. Mackellar,..................... 8,976 W. G. Gordon,..................... 8,976 Commercial Bk. Loan,............ 50,000 Mrs. Gingel Loan,................*30,000 -------Tls. 139,557 Thus showing a deficit of Tls. 57,357. The books show that at that time they are interest- ed in Tea shipments. I believe the whole or greater part of these shipments turned out losing ones. 1 be- lieve their commissions would pay expenses from 30th June to May, but not cover the losses of which they had advices. They were hopelessly insolvent on 1st May, to best of my knowledge. I did not say to Gor- don that I would not appear in Court. I might have said to him that I would not cross examine him, be- cause I objected to do it myself—not...”
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“...138 SUPREME COURT & CONSULAR GAZETTE. Octoler 5tk 1867. powers of the Court. He laid great stress on the fact that the bankrupt had admitted in the month of April his inability to pay the instalment due to the Com- mercial Bank, and that he had written to the liquidator of the bank on the 19tli June, stating that he would have to go through the Court unless he obtained an absolute release From April to May the state of his firm’s affairs became daily more precarious; and not- withstanding unfavourable advices from Shanghai, and although he has not a cash to his name, he purchases and ships tea to the extent of Tls. 600,000. After the 13th of June, when he had written to say that he must pass through the Court—atter the ‘22nd, when he had received a reply giving him to understand that he would be pressed by the liquidator for the bank—he still continued to obtain from the Teamen their goods. If there be any doubt as to his conduct previously to these dates, there can be no reasonable doubt...”
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“...October 5th 1867. SUPREME COURT & CONSULAR GAZETTE. 139 the Assigness, who have during the past ten years, to their knowledge, struggled through the one year more on fictitious capital, and with success in some cases ? Did they not know that, had their purchases resulted badly, they would have been placed in a similar posi- tion to ours ? and still, in their desire to avoid bank- ruptcy, the risk was run, and some of the houses are still in existence. Mr. Evans, who, I believe, admits that he is no book-keeper, although totally unconnected with our affairs, has taken upon himself, when on oath, to estimate our assets in June 1866, although debts, now doubtful were not so then ; while Mr. Crawford, a thorough accountant, in his evidence, declared his in- ability to make any such estimate. The Land mania, prevailing not only at Hankow, but at all ports in China during 1861-3, must be known to all residents during those years, as also the ideas formed as the almost certain profit likely to...”
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“...140 SUPREME COURT & CONSULAR GAZETTE October 5th 1867. me to him, more particularly as I had received no official communication from the representatives of the bank, and have every reason to believe that the tenor of the Liquidator’s instructions to their agent here was of a very different nature to that conveyed to myself, 1 assert that it would not have benefited the bank in the smallest degree to force us into this Court for a sum of taels 10,000, considering that their securities could not be affected by any action taken by other parties. 1 distinctly affirm that our stoppage was not directly occasioned by the action of Mr. Cameron, but by the return of our dishonored drafts from Shanghai, con- sequent upon the reports before referred to ; which drafts were not received until immediately prior to our stoppage. Air. Myburgh remarked upon the nature of my assets. I believe that a book-keeper has to include doubtful as well as good debts in the assets. As to the debtors being dead, a debt...”
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“...October 5th 186d. SUPREME COURT & CONSULAR G AZETTE. 141 lowance on behalf of Smith, Kennedy & Co.’s estate, but under the circumstances as no allowance could be granted without his consent, and as the amount pro- posed was moderate, he would agree to it provisionally, it being distinctly understood that his consent would be void,it Mr. Mowat declined to confirm it on behalf of the estate he represented. It was also resolved on Mr. Canny’s proposition, that this allowance should not be payable till the Creditors’ Assignee had sufficient funds in hand to cover Court fees, claims under £ 10, and some other expenses, Mr Bean then handed in a claim, as one of the Creditors’ Assignees of Mr. F, L. Pater’s estate, for $37.53, for half rental of Bungalow, occupied by Mr, Hay from 1st June to date. After some discussion, this was admitted. Some conversation having taken place as to the nature of the assets, the meeting separated, H, M.’s Consul stating that due notice would be given of the day...”
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“...142 SUPREME COURT & CONSULAR GAZETTE. October 5lh 1867 give the report elsewhere. Stress is laid upon the fact that a sum Tls. 99,000 “has been apparently misappropriated’'; a fact not alluded to in the judg- ment, and which it was the object of the opposing creditors to shew. There has not for some time been any further in- intelligence from the North. Li’s whereabouts is still a matter of uncertainty, COMMERCIAL. Shanghai, Friday Evening, October 4th, 1867. Imports :—Our Shirting Market has been in a quiet state throughout the week without much variation in prices, the value of 8| lb. having ruled at Tls. 2.55 a 2.60- White Shirtings have been in very small demand at improved rates for low makes. English and Am- erican Drills have been wanted at Tls. 4 a 4.40 and T-Cloths at Tls- 2.10 a 2.35 for 7 lbs. Fancy Cottons are on limited demand as will as all kinds of Woollens. Tea: Black, transactions of the past week have been insignificant in extent, owing, perhaps to the nature of the Home...”