Your search within this document for 'supreme' resulted in 14 matching pages.
1

“...SUPREME COURT & CONSULAR cl All Law Reporter for the Supreme & Provincial Courts of China & Japan Vol. It SHANGHAI, SATURDAY, 23rd NOVEMBER, 1867. No. 47 "contents. Page. Page. Leading Articles. The Right of Distraint,................... 203 Customs’ Officials,....................... 204 Cases in H. B. M.’s Supreme Court. Assignees of Estate of Mackellar & Co. v. The Chartered Bank of India, &c.—Judgment .... 2C4 Blum Bros. & Co. v. Gibb, Livingston & Co.— Judgment, ......................... 206 Cameron u. Sutherland, .................. 207 Genkins v. Sutherland, .................... 207 In Admiralty—In re the “Cutty Sark,”...... 307 In Bankruptcy—In re Jarvie, Thorburn & Co. Dividend Meeting,...................... 207 Summary Cases, ......................... 207 Police Cases,........................... 208 Meeting of Subscribers to British Episcopal Church Fund,........................... 208 Meeting of Shareholders in North China Insur- ance Company,........................ 210...”
2

“...November 2.3rd 1867. SUPREME COURT & CONSULAR GAZETTE. 203 lb is requested that only suck communications asrelateto (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 FTo communications can be noticed unless accompanied by the name of thewriter. Supreme <2umxt anh Consular feeite Shanghai, November 23rd, 1867. Treaty would not, we imagine, in the extreme case of violence being offered by a Chinaman to a foreigner, and the foreigner’s giving the Chi- naman “ more,” as it is vulgarly termed, “than he brought,” uphold his principle to the extent that the foreigner should be condemned before his own tribunal, in a prosecution at the in- stance of the Chinaman for assault, inasmuch as he administered his own law (and a thrashing at the same time), without reference to the Chi- nese Authorities. But to take a less extreme case, wherein we equally submit thisTreaty doc- trine cannot be maintained—e...”
3

“...204 SUPREME COURT & CONSULAR GAZETTE. In a recent number we noticed the chief points connected with the establishment of the system of a Foreign Inspectorate of Customs in China, and we made allusion to the satisfactory man- ner in which the difficulties that at first beset the scheme were overcome, and how in the course of ten years, the Customs’ Service has assumed a recognised status and has been placed under ef- ficient and careful organisation. Connected with the history of the establish- ment of the Foreign Inspectorate in China, is a subject which, pending the approaching revision of the Treaty of Tientsin, is likely to assume no little importance. We allude to the influence which the foreign Custom House Officials will doubtless have with our diplomatic authori- ties. Concomitant with the rise of the Fo- reign Inspectorate of Customs, has been that of a very important class of men, for whom it is perhaps difficult to find an apt designa- tion. “Anglo-Chinese,” “ A merico- Chinese...”
4

“...Nonenrier 2'3rd 1867. SUPREME COURT & CONSULAR GAZETTE. 205 sot on their sale realized the amount of the advance. Again, if the Bankrupt had drawn bills'on his corres- pondents for the amount of the advance made by the Bank on the security of a deposit of the goods, those would not, until default of acceptance, or until non- payment of the bills, be in strictness any debt due from the Bankrupt to the Bank- This, however, may be fairly presumed, that, at the time the advances were made the Bank had satisfied themselves that the jaargin left was sufficient to cover the risk. This consideration is -of importance when we come to examine the nature of the pressure alleged to have been exercised on the Bankrupt by the Bank. In order to constitute a fraudulent preference it lias been laid down in a variety of eases, that two things cnust concur. The act must be done in contemplation of bankruptcy, and it must be done voluntarily.. Em- barrased circumstances are not conclusive evidence
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“...206 SUPREME COURT & CONSULAR GAZETTE. November 2£rd 1887. suaded that this expression would never have been made use of in connection with the subject of volunta- ry payments by Bankrupts in the text books and cases cited, unless it was intended to attach to it some sense in accordance with its generally received meaning. I have not thought it necessary to go into the ques- tion of whether this payment formed the consideration for the advance of 32,000 taels made by the Bank to the Bankrupts, because in my opinion the evidence refutes any such presumption. It was never contended in the court below by the parties that it formed any part of it, although there is no doubt that this advance on goods to the value of 40.000 Taels was the only source whence the payment of 10,000 could have been made. If there had been no goods offered as security and but the promissory note of the Bankrupt 1 could then have imagined that the agreement to give 10,000 Taels formed the consideration of the advance...”
6

“...leaves taels 193.50 as the actual loss consequent on the breach of contract; and this sum I award as damages, with costs of suit. II. B. M. SUPREME COURT. Novembei' 20th, 1867. Before C. W. Goodwin,.Esq. H. Cameron v. H. Sutherland. In this case, which was adjourned from the 3rd instant, on account of the absence of the defendant, Plaintiff claimed $179 for wages and as boatkeeper on board the Pilot Boat Comet. Mr. White appeared for the Defendant, w’ho was not present in person, being in Japan. It was contended for the defendant that the Plaintiff was only allowed to be on board his boat as an act of charity, until such time as he could get em- ployment. Judgment was given for Plaintiff. T. Genkins v. II. Sutherland, This case was similar to the above, the amount claimed being $189. Judgment in this case was also given for the Plaintiff, H. B. M. SUPREME COURT, IN ADMIRALTY. November 10th, 1867- Before C, W. Goodwin Esq. In re the Cutty Sark. This was a claim of ownership and possession, in-...”
7

“...208 SUPREME COURT & CONSULAR GAZETTE. November 23 rd J 867 pealed to tlie Municipal Council against the rate at which his rental had been assessed. In this case judg- ment was reserved. November 16£A, 1867. Allan v. Grinner, This was a claim for $60, for value of three carpets. Said by Plaintiff to have been left by him in Defendant’s hands and sold on his (Plaintiff’s) account. The De- fendant denied having sold the carpets, but admitted he might have received money for one carpet. Judg- ment was given for Tls. 16 estimated value of this, and costs divided. H. B. M. SUPREME COURT, POLICE CASES. November 15th. 1867, Before R. A. Mowat Esq. Regina v. G. Clark. Charge of Robbery from a Chinese boat at Wong- doo, of $94, 40 pieces of clothing, a watch and other articles. The Prisoner denied the charge. Ye-Ding-Cho, a servant of the Che-Hsien at Kah- ding deposed as follows. On the 2nd and 3rd, I was in with my master in his boat on his way from Soo- chow to Wondoo. He arrived of the latter...”
8

“...23nZ 1867. SUPREME COURT & CONSULAR GAZETTE. 209 scription list Indeed without his aid and enthu- siasm, it would have been impossible for the Trustees to ext ricate themselves from the very difficult posi- tion they then occupied (cheers). The Trustees had endeavoured to carry out the instructions, 'they had, by public advertisement, invited offers. Only one additional proposal to that brought forward at the last meeting had been made ; but he was happy to say the gentleman who had < riginally tendered still adhered to his offer—or more accurately speak- ing, had made one more favourable. What he proposed was something more than the original pro- position. The second proposition would also be laid before the meeting, and it will be their busi- ness to consider which of the two propositions they would accept. The Trustees had not been idle with the sub- scription list, which since last meeting had very materially increased, and amounted to nearly Tis. 10,000. With these few remarks he would...”
9

“...210 SUPREME COURT & CONSULAR GAZETTE. JVbreznfor 23?y2 ISO? 14.—That the said lessee shall erect a boundary wall be- tween the part so let, and the remaining portion of the Church compound, such wall to be subject to the approval of the Committee. The Chairman then stated. that the question to be decided by the meeting was whether they would accept the first or second proposal. Mr. J. J. Miller enquired whether the sum of Tls. 1,200 per annum were necessary or whether Tls. 1,000 per annum would be sufficient to meet the difficulty. The Chairman said that Tls. 14,000 were re- quired after the collection of the subscriptions, for completing the Church; and as better terms than 10 per cent for the loan could not be got, it was desirable to have the larger rental to base the loan upon; that is the Tls. 1,200. He mentioned this simply in a financial point of view. Dr, Coghill observed that it was of importance to know which lease offered the better security, and as this was intimately connected...”
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“...Noveinber 23 rd 1SG?. SUPREME COURT & CONSULAR GAZETTE. 211 to circumstances not having changed ; Shanghai had very materially changed. The Chairman.—No doubt the Directors would act as a Provisional Committee, and would accede to the wish of the Shareholders. Air. Hogg.—There will be no Shareholders. Air. Groom.—As to the idea of altering the Agency on the 1st of July, why should the present Company be at the expense and trouble of provid- ing a Special Agency for Shareholders not known. Mr, Tate.—As the ove who out of the 119 shareholders had voted before for that course, he would now again support the plan of esta- blishing the Special Agency, a measure whose necessity must be obvious to all men of average business intelligence, and it was satis- factory to find that time had changed the opinion of the Shareholders. At the same time he attach- ed great weight to the pledge made to Alessrs. Ashton & Co. and thought the Company were bound to stick to it. The following amendment proposed...”
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“...212 SUPREME COURT & CONSULAR GAZETTE November 23rd 1867. without the concurrence of the other offices. The Directors would of course be happy to transmit the opinion of the Shareholders. The matter had originated in a suggestion from Mr. Ashton. Mr. Tate then proposed a vote of thanks to the Chairman. This was seconded and carried, and the meeting then separated. CHINA FIRE INSURANCE COMPANY. (From the Shanghai Recorder.) An extraordinary meeting of the Shareholders in the above Company took place on the 19th inst. at their offices, Mr. G. Tyson in the chair. The Chairman stated that the object of the meeting was to lay before the Shareholders a re- port respecting risks in Japan. In accordance with the resolution passed at the last meeting, the Di- rectors had appointed Mr. Lester to visit Yokoha- ma and Nagasaki. At the same time the Agents at those ports were instructed to abstain from tak- ing risks, but since Mr. Lester’s report had been received the Yokohama Agents had been advised...”
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“...November *2%rd 186?. SUPREME COURT & COtfStJLAli GAZETTE. 213 Tariff and Commercial articles of the Treaty of Tient- sin, we beg to lay before your Excellency the follow- ing remarks on these subjects. We would, in the first place, allude to the Memorial regarding the opening of the Poyang Lake to tug steamers, which was presented to your Excellency at this port on the 6th ultimo, and we would beg to draw your Excellency’s attention to the importance which we attach to this matter. In the Memorial the privilege of employing tug steamers only is asked for, we would now respectfully suggest, that this privilege be granted to steamer.? carrying cargo, and we would propose, that this place be made the port of entry and clearance, and that all duties be payable here, so as to avoid the necessity of having Consular, Mercantile and Customs’ establish- ments at the places on the Lake to which the steamers would resort. Should it be decided to restrict the em- ployment of steamers to particular...”
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“...214 SUPREME COURT & CONSULAR GAZETTE. November 23rd 1867. The Shanghai Dramatic Corps gave their first per- formance this season on Tuesday last. The piece was The Overland Route. It was not so successful as usual, consequent upon one or two of the actors being badly posted in their parts. Beyond these matters the only occurrence in Shanghai calling for notice is the delivery of the Chief Judge’s decision in the appeal case of the Assignees of Mackellar & Co. versus the Chartered Bank of India, Australia and China. This matter, which arose out of the Bankruptcy of Mackellar & Co. has attracted con- siderable interest. The question to be decided was whether a certain payment to the Bank of Tls. 10,000 was or was not in the nature of a fraudulent prefer- ence. The decision of Supreme Court, reversing that of the Court below, was in the affirmative. The judg- ment we give at length in this number. From the North the latest news is confirmatory of the reports which we mentioned some time since...”
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“...SUPREME COURT & CONSULAR. GAZETTE. SHANGHAI GENERAL CHAMBER OF COMMERCE. NOTICE. 'HE Annual General Meeting of the Chamber will be held at the Secretary’s Office on Thursday next, the 28th instant, at 2 p.m. WALTER PEARSON, Secretary. Shanghai, 23rd Nov., 1867. NOTICE TO MARINERS. TITAN LIGHT—AMOY. rUHE Lighthouse on the Island of Titan, off Amoy, I having been piratically attacked on the 30th ultimo, and the lighting apparatus carried off or des- troyed, notice is hereby gived that no light is now ex- hibited at the lighthouse in question. A. F. GARDNER, Harbor ^Master, Amoy. Amoy, 1st Nov., 1867. Monthly Periodical. “NOTES AND QUERIES ON CHINA AND JAPAN.” Edited by N. B. Dennys. Price 84 per annum. IN Issuing a Monthly Periodical devoted to Eastern subjects, on the plan of that which, under a sinrlar title has proved so popular during a long series of years in Great Britain and America, the publishers have been encouraged by the already large and constantly increasing | interest felt...”