Your search within this document for 'supreme' resulted in 18 matching pages.
1

“...United Slates Consulate Swatow- H. B M. Supreme Court. II. B. M.’s SUPREME COURT FOR CHINA AND JAPAN. NOTICE.—The offices of the Supreme Court will he closed at noon on Wednesday 30/A, Thursday 31s£ instant, Friday 1st and Saturday 2nd proximo. H. B. M.’s SUPREME COURT FOR CHINA AND JAPAN. "NTOTICE.—It is hereby notified that the sittings of 11 the Court for hearing ordinary civil cases during the month of November next, will be held on Wednes- days the 6th, 13th, 20th and 21th days of that month respectively, and for Motions, Applications &c. on Saturdays the 2nd, 9th, 16th, 23rd and 30th proximo. British Consulate Chinkian p IN HER BRITANNIC MAJESTY’S COURT AT CHINKIANG. THE BANKRUPTCY ACT 1861. In the matter of George Drummond Hay, lately trading at Chinkiang under the style or firm of Hay & Go. a Bankrupt. TYTOTIOE is hereby given that the first meeting of IN Creditors of George Drummond Hay, who was adjudged a Bankrupt under a petition for adjudication of Bankruptcy, tiled in II. B. M.’s...”
2

“...November 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 163 It is quested that only suck communications as relate to Editorial matters be addressed to the Editor, and that they be sent, not later than Friday. Advertisements Ml be received till 10 a.m. on Saturday. No communications can be noticed unless accompanied by the name of the writer.____________________________ Supreme <£onrt anb Consular feette Shanghai, November 2nd, 1867. Amongst the latest telegrams that have reached this port is one announcing the death of Sir Frede- rick Bruce, the third of his name who has been cut off, within the last five years, high in place and vet at an age little past the prime of life. His connection with China is so recent, the period during which he was minister so excep- tionally remarkable, that something more than an ordinary notice of the man and his career seems called for, and we can but regret that our limits and resources enable us to do so much less than the occasion demands. Like most if not...”
3

“...164 SUPREME COURT & CONSULAR GAZETTE. November 2nd 1867 them is to carry for hire and to use care, neg- lecting none of the usual precautions to ensure a safe delivery of the article which is the sub- ject matter of the contract. One portion and a most important portion of the consideration for the payment of freight is safe stowing and car- rying and therefore to insert at the eleventh hour a condition of non-responsibility against the consignees, for bad stowage and unsafe convey- ance would be unreasonable and unjust. Another point raised by the defence was that the damage was caused by insufficient packing; but the answer to this is evidently—if the in- efficiency of the package is evident now, it must have been evident when it was received, for ac- eording to the defendant’s admission the out- ward package is just as it was received. It was therefore the evident duty of the defendant to refuse to carry it. If the defect is patent now and no change has taken place, it must have been...”
4

“...November 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 165 would be able to pay on the 6th or 7 th. Plaintiff con- sented to wait till that time. Order made accordingly ; costs $3 against Defendant. October 26th, 1867. Geo. Smith, v. Capt. Stewart. This was a claim for Tls. 31.50 for wines supplied. The Defendant did not appear. He is Pilot on board the Cosmopolite (Japanese Steamer) and the summons had been left by the usher with the Japanese Captain of the ship who said he would deliver it. Order granted for payment with costs $3. H. R. M. SUPREME COURT. — POLICE CASES. October 2\st, 1867- Before R, A. Mo Wat, Esq. Finlay McKay, inmate of the Sailors’ Home, was charged with being drunk and incapable in the Hong- que Road, and going into a Chinese Washerman’s shop, from which he extracted three pieces of clothing. The prisoner remembered nothing whatever of the affair. Fined $3 or ten day’s imprisonment. John Miller convicted of being drunk and assault- ing a police constable in the discharge...”
5

“...166 SUPREME COURT & CONSULAR GAZETTE. November 2nd 186?. Uompradore of Blain, Tate & Co. to ask if other sugars had stones, &c. in the bags. On being informed that such was the custom, and that the tare allowed was to cover loss sustained by such custom, he allowed the sugars to proceed to Japan, warning his agents there that there was a lot of rubbish in the bags and that they had better be examined. Clearly the maxim of cavest empfor applies here. I have seen no evidence whatever that on the arrival of the sugars in Japan the Japanese purchaser refused to take delivery. It is so stated, but there is no evidence. Blain, Tate & Co.’s Compradore who had sugars in Yokohama at the same time lost 3^ by fall of market. I think there is a pro- bability that the Japanese declined taking delivery on account of the fall in value and not on account of the false packing. I may state that I have for my own satisfaction examined at different places many bags of sugar, and have in the third rates notably...”
6

“...November 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 167 Mr. Dickenson then read the Treasurer’s Report. 25th October, 1867. The Church Revenue for the current year, to date, has amounted to Tls. 3,763.4.4. The Expenditure during the same period has been Tls. 2,933.7.3, leaving a Balance of Tls. 829.7.1 still on hand. If from this, however, we de- duct Tls. 600 due to the Revd. Chaplain for the Quarter ending 30th September last, we have but a balance of Tls. 229.7.1 to meet the Chaplaincy and Incidental expenses for the remainder of the year, which may be estimated at about Tls. 1,000. There will, therefore, be a deficiency of some Tls. 800, confirming the experience of former years, that the Church Revenue is inadequate to meet the annual expediture. Building Fund.—On the 1st Jan., 1867? there was found a credit balance of Tls. 19,955.0.8.—Receipts subsequently have amounted to Tls. 2,677.9.2, which include the sum of Tls. 1,346.6.3, proceeds of the Bazaar, (after deducting ad- vances...”
7

“...168 SUPREME COURT & CONSULAR GAZETTE. jVouezn&e?* 2nd 1867- The Chairman said that no lease would he made without legal advice being obtained and such terms being embodied into the document as would secure the ground bring used in accordance with its character. Mr. Lawrance continued further to criticise the proposed lease, observing that the option of 5 years renewal (after 10) was inadvisable ; and enquiring whether Tls. 1,200 per annum were an adequate sum. The Chairman said he thought the offer was not a bad one. It was not likely if such were the case that the Trustees would have entertained it. Mr. Mechie stated the Trustees would be happy to accept a better if any one would make it. Mr. Oliphant enquired whether the old Church would remain on the ground leased, and being informed it would be objected that it might be turned into a Dis- senting—perhaps a Mormon Chapel. He thought that the ground should be applied to the use of the Church of England and no other denomination. The Chairman...”
8

“...November 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 169: rialists deem it advisable to submit to your Excellen- cy a general statement of their views with regard to the working of the present ' reaty. Although, like most Instruments of the kind, the Treaty of Tientsin is not without its defects, experi- ence has shown that in the main it is suited to the ob- jects for which it was designed, and that its terms pro- perly adhered to are sufficient to secure the progress of foreign trade, and bring producers and consumers into direct contact with one another The conditions under which it was contemplated that this end would be attained were that the satis- factory and faithful carrying out of the various provi- sions of the Treaty should be secured by the direct supervision of diplomatic agents accredited to the cap- ital, who would be able to put in force an active vigi- lant and firm policy with regard to such questions as might from time to time arise. This scheme events have proved to...”
9

“...170 SUPREME COURT & CONSULAR GAZETTE. November %nd 1867. Excellency on your recent visit to Hankow for enquiry has been productive of no satisfactory "results to the present day. The Nanzing Duties consisted of certain taxes, which were levied in June 1861. under the name of war dues, chiefly at Nanzing, and upon Silk. The charge at first was Tls. 5 per bale, but was subsequently raised to Tls. 10. This levy was made through the whole of the Season 1861-2. Upon Teas similar illegal taxes were levied. Various claims sent in to H. B. M. Con- sulate were recognised ; and it was stated that the re- fund would have to be made in Ningpo Drawbacks, but, though frequent application has been made, no- thing has up to the present time been obtained. The large losses of Messrs. Hogg, Bros., arising from transactions in Salt under Chinese Government super- vision have been a fruitful source of correspondence for upwards of two years, and, though admitted by your Excellency to be a just claim, yet to...”
10

“...yorernber 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 171 Summary of Defects. The above are the main points in which the working of the Treaty has been found defective ; and your memorialists trust that your Excellency will be pleas- ed to direct the attention of Her Majesty’s Govern- ment to their consideration. The matters requiring revision may be briefly classed under three headings : first, those of a purely political nature; secondly, those of an administrative nature ; and finally, those of a judicial nature. Under the first category, stand the questions of residence in the interior ; under the se- cond, those of Transit exactions, and the application of the Tonnage Dues to the erection of Light Houses &c.; and under the last, stands the important matter of making provision for the administration of justice in disputes both as to Customs’ confiscations, and also as to contracts and mercantile engagements between for- eigners and Chinese. Suggestions of the Chamber. Upon these various...”
11

“...172 SUPREME COURT & CONSULAR GAZETTE. November 2nd 1867 ding in foreign goods on account of their so trading, should be considered as a gross disregard of Treaty ob- ligations on the part of the Chinese authorities/ and the occasion of an urgent claim upon the Government. Tra/nsit Dues. In respect to Transit Dues, your memorialists are strongly in favour of the system which provides for a commutation of inland dues upon Imports and Ex- ports ; and upon careful consideration, are of opinion that a great advantage would be gained by making the Transit Duty of 2| per cent, as leviable by Treaty, ayable at the market in which Export produce is ought or Imports sold, in place of paying it as at present, into the foreign Customs. It is naturally a source of vexation to the local authorities that dues which, according to custom, formerly come into their own coffers, should be now paid to the Provincial Ex- chequer subject to Imperial control ; and it is also to be remembered that to a certain...”
12

“...November 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 173 Thus, in the opinion of your memorialists, it is es- sential to the proper conduct of trade that a more stringent interpretation than that hitherto adopted, should be put upon clause XVII of the Tientsin Trade. It cannot be reasonably expected that the Chinese will abandon the right to be parties to all judicial pro- ceedings in which native interests are involved. Even if they could be induced to do so, the necessity of cal- ling upon them to enforce the decisions of the Consuls would call for their co-operation. But it appears evident from the reading of the Treaty, that a joint tribunal, basing its decisions upon the broad principles of justice, was in contemplation when the Instrument was framed, and not a Court, which, being guided by so called Chinese law, leaves the de- cision entirely with the Chinese magistrate, does not afford scope for the exercise on the part of the foreign assessor, of that authoritative action by which...”
13

“...174 SUPREME COURT & CONSULAR GAZETTE November 2nd 1867. it would appear that the Treaty of Tientsin is in the main fitted to the object for which it was designed, if carried to its legitimate conclusions, that is, to conclu- sions in accordance with the spirit in which it was framed, and the principles upon which it is based; and any revision sought for should be directed not so much to the acquisition of new privileges as to a confirma- tion and extension of those already granted. As the Treaty has been interpreted, the slightest infraction of its provisions on the part of foreigners is immediately punished by the power and authority of the Govern- ment to which the offender belongs, but demands a- gainst the Chinese Government for the redress of in - juries sustained by foreigners appear to be regarded rather with reference to political than judicial conside- rations, the maintenance of the dignity and prestige of the Chinese Government seeming to weigh more with the foreign authorities...”
14

“...November 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 175 clause to confirm the right should be embodied in the Treaty. Articles Imported for Foreign use only, Stores <£c. •-—It is obviously the intention of Rule 2 of the (Jus- toms’ Tariff to exempt from duty all articles imported for the sole use of foreigners, but latterly duties have been levied on articles which, though not specially mentioned, appear to be entitled to the privilege by the spirit of the R ule. Your memorialists trust that your Excellency will seek to obtain a general exemption from duty for all articles specially imported for foreign use ; and may urge in support of their claim the excessive cost of living at the Treaty ports ; while the enormous duties derived by the Chinese Government from foreign trade may fairly be used as an argument for the continuance of the privilege. GEORGE TYSON. JAMES HOGG. ROBT. I. FEARON. W. J. BRYANS. EGBERT IVESON. Wm. PROBST. M. S. GUBBAY. F. BORNTRAEGER. E. F. DUNCANSON. ALEX. TURING...”
15

“...176 SUPREME COURT & CONSULAR GAZETTE. L/or ember 2nd 1867* to widen the slight breach in the barrier of monopoly which has been wrought. Some idea of the oppressive nature of the present system of taxation may be formed from the fact that salt, costing 24 cash per catty on the banks of the Hangchow river, cost 50 to 60 cash by te time it reachs Fychow—or somewhere about £20 sterling per ton. Of course these enormous duties lead to smuggling, on every available opportunity. But the theory exemplified in the penny post—that low duties, by promoting consumption, raise an equal revenue with higher taxes which check it— is of so recent date that we cannot be surprised if the Chinese refuse implicit credence in its truth. We can only hope to insert the thin end of the wedge, and leave experience to undermine still further the prohibitive policy of which we have now recognised the fallacy. A greater boon than the introduction of foreign salt could hardly be conferred on the Chinese, seeing how...”
16

“...November 2nd 1867. SUPREME COURT & CONSULAR GAZETTE. 177 The following are the results—First Day—Men of War’s Boats, won by U.S, Ashuelot’s galley, Marines v. Stokers of Adventure won by Stoke] s; Malwa Cup, by Berwick Walls; Junior Sculls by Maitland; Griffin’s Race by Ashley’s boat (white) Sampan Race by J. H. Scott. Second Day—Men of War, won by U.S,S. A.$- huelot's galley; Captain’s Plate by the White Cross;Mer- chant’s Plate by Tong Fboboat; Banker’s Cup by Lowe; Broker's Cup by Au Revoir. Some scratch races con- cluded the day’s sport. A Canoe Race to come off “over land and water” missed fire through an acci- dent. The Chinese Coolie had been instructed to take away flags which marked the course so soon as the race was over, and as it happened than a “scratch” race between the English Bows and Strokes was put on before the Canoe Race was to come off, the coolie with that absence of thought which characterises his species, took off the flags at once without stopping to consider whether...”
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“...378 SUPREME COURT & CONSULAR GAZETTE. November 2nd 1867. Tientsin-.—A Correspondent cf the North China Daily News points to the arrival of the Our Queen direct from Liverpool as an era in the trade of the port; which fact, combined with the recent establish- ment of a branch of the Comptoir d’ Escompte, he con- siders augurs well for the port getting into direct trading relations with England and America, in lieu of being suppled only from the Shanghai Market. He states “ The only additional changes to be added to the direct shipment, will be cost of the remittance of the proceeds, amounting to } per cent; on the other hand, we can place to its advant- age, the profit arising from the purer sycee, in com- parision with Shanghai sycee, equal to 2| per cent to 3 per cent. Consequently the facts produced in favour of the direct trade to this from England, over a trade to this via Shangaai, are so glaring and forcible to ad- vantage of the direct trade, that I deem it quite un- necssary to...”
18

“...SUPREME COURT & CONSULAR GAZETTE. PUBLIC AUCTION. DERELICT BARQUE SIAM. WHEELOCK & MELLER have received instructions from the Vice-Admiralty Court (through the Receiver) to sell by Public Auction Tim Derelict Barque “ SIAM,” as she now lies between Messrs. Gibb, Living- ston & Co.’s and Messrs. Dow & Co.’s Godowns, Hongque, together with her STORES, SAILS &c., &c. The Sale will take place at the office of the undersigned on Wednesday, the 6 th day of November; at 2 o’clock p.m. The Barque has a carrying capacity of 525 Tons or 7,500 Piculs; she was built in 1864, and is coppered. The Stores, Sails, &c., Ac., which are very complete, will be submitted separately. i Further particulars can be obtained from the Auctioneers. The Inventory will be in hand shortly. Shanghai, 28th October, 1867. AUSTRALIAN COAL. NEWCASTLE WALLSEND COAL COMPANY. Head Office, Sydney; Mines, Wallsend; Port of Shipment, Newcastle, N.S. IE. ZN the Admiralty Report on Aiistralian Coal, printed by order of the House...”