Your search within this document for 'supreme' resulted in 13 matching pages.
1

“...SUPREME COURT & CONSULAR And Law Reporter for the Supreme & Provincial Courts of China & Japan Vol. II ’ SHANGHAI, SATURDAY, 21st DECEMBER, 1867. No. 51 CONTENTS. Leading Article. International Policy, .......... Cases in H. B. M.’s Supreme Court. Regina v. C. T. J ones.......... Summary Cases, ................. Page. 253 254 Page. Police Cases,................................. News of the Week,....................... 2G0 Commercial Summary, .................... 262 Shipping, Quotations, Ac., &c........... 262 Meteorological Table, Causes for Hearing, &c 262 N 0 T I FIC A T I 0 N S British Legation Japan. COPY OP REPLY FORWARDED TO THE YOKOHAMA CHAMBER OF COMMERCE. H. B. M.’s Legation. Yedo, December 9th, 1867. Sir, I have the honour to acknowledge the receipt of your despatch of the 7th instant, forwarding, hy re- quest of the Chairman of the Yokohama General Cham- ber of Commerce, a letter from that gentleman, dated the 5tli instant, in which he encloses a report of a Com- mittee of the...”
2

“...munication, and will take the usual steps for giving it publicity in your district. I am, Sir, Your most obedient, humble servant, HARRY S. PARKES. To F. G. Myburgh, Esq., H. MFs Consul, Kanagawa. H. B. M.’s SUPREME COURT FOR CHINA AND JAPAN. NOTICE.—It is hereby notified that the sittings of the Supreme Court for hearing Civil Cases during the month of weatf will be held on Tuesdays lAth, 2\st and 2§th days of that month respectively ; and for Motions Applications, &c., on Fridays the 17^/i, 24£/i and 31s£ proximo. Shanghai, 19fch December, 1867, IN HER BRITANNIC MAJESTY’S SUPREME COURT FOR CHINA AND JAPAN. THE BANKRUPTCY ACT, 1861. Shanghai, 13^A December, 1867. WHEREAS a petition for the adjudication of Bankruptcy, was on the 12th day of December 1867, filed in Her Britannic Majesty’s Supreme Court for China and Japan at Shanghai, by Charles William Mathew Hudson, under which lie has been adjudged Bankrupt. The said Charles William Mathew H udson is here- by required to surrender himself io...”
3

“...December 21s£ 1867. SUPREME COURT & CONSULAR UAZUTTe. 253 ft 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 theivr iter. Supreme &oad oi> Consular Shanghai, December 21st, 1867. “ Inaccurate history,” says Lord Macaulay, “ forms an admirable corrective to illogical rea- soning ;” and it is equally true that inaccurate reasoning forms an admirable means for getting over unpleasant and awkward facts. It is not to be much wondered at that a large class of political writers, men too, who succeed marvel- ously in catching the public ear, are often dis- posed to slur over obvious considerations that tell against their tenets, to give a false coloring to those which may be used as an argument either on one side of a subject or another, and finally to exaggerate to a preposterous...”
4

“...254 SUPREME COURT & CONSULAR GAZETTE. December 21st i8fi7r —— Vve might perhaps consider it an exercise of right, bub this ground is unfortunately cut from under our feet as we are told at the outset that t( all arguments which ultimately involve the doctrine of the rights of a nation, are put aside as irrelevant and futile.Taking this ground then, we are forced to admit, though we do so with much reluctance, that China has not the right to refuse a request any more than we have the right to make one; and we find that the sen- tentious utterings of the philosophical oracle form no practial guide to us in our relations with foreign countries, excepting so far as they are a general recommendation that we had better have nothing to do with them. To this grand conclusion, in fact, the whole of the “ International Policy ” essays directly tend; and there is only one consolation in reading the book, which is, that if its principles were earned out, there- could by no possibility be the neces-...”
5

“...December 21#2 1867. SUPREME COURT & CONSULAR GAZETTE. 255 '‘Public Account,” and left the accounts in his charge upon going to Hongkong, having of course implicit faith in him. But on his return he found a deficit of about {$6,000. His Lordship was very sorry to interrupt the learn- ed Counsel, but the charge referred only to two specific amounts, not to the general deficit, and therefore that ought not to be argued upon. Mr. Myburgh explained that the amount of deficit would go to shew the intent ; if the total deficit was large, it would appear clear that there was an intent to defraud. Mr. Eames said there were only two grounds of the charge. Half a dozen other grounds might perhaps be argued upon if facts not specifically charged were brought forward. His Lordship considered that it would not be right to discuss the general deficiency as the argument might wrongly affect the Jury. Mr. Myburgii bowed to the ruling of the Court, and continued to observe that as he had stated in Septem-...”
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“...256 SUPREME COURT & CONSULAR GAZETTE. December 21st 1867 and any loose memoranda. There were blank* left to allow Mr. Jones to put in amounts as they were dis- covered. The amounts in dispute were not in existence when the memo, was given me in Aug. 1865. I had on cei’tain knowledge of any bank account being kept by Mr. Jones until the 18th December, when I remitted the amount to Mr. Frazar. It is very likely that I was not so acute as I might have been, but I have no recollection of having my attention called to the fact till the payment to the Court. The change was made on the 6th February. One sum was received on 2nd December, the other 26th January. There were live or six estates left by the Court in charge of the Con- sulate. I am certain I told Mr. Jones that only those were under the management of the Consulate. These accounts were under different headings. One was that of distressed seamen. This is the “ Funeral Book.” It contains an entry, *'T. Hitchcock, Tls. 8.” “ The funeral...”
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“...December '21st 1867. SUPREME COURT & CONSULAR GAZETTE. 257 there was room for grave doubt whether the prisoner ever received it. Because the order was paid to some one, it did not follow that the money was received by the prisoner. Any one might have gone and cashed the order, after it had been signed by the prisoner, and it would at all events be in evidence that the compradore of the Consulate, to whom, it purported to have been paid, did not receive the money. Secondly, the Jury would have to consider whether the prisoner fraudulently applied the money to his own use; and with regard to this point, they must not overlook the fact, which was evident, that the prisoner had unques- tionably got his accounts into a state of confusion, that he had in fact been guilty of carelessness, not to. be excused, perhaps, but not constituting the offence laid to his charge. It had been in evidence that he had on two occasions paid sums which he had actually not re- ceived ; and on one occasion he had...”
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“...SUPREME COURT & CONSULAR GAZETTE. Deeper 21,/ 1867. The testimony was not so full as had been expected, butit seemed to amount to this—that the Consul at first never troubled himself about the manner in which these accounts were kept, but allowed Mr. Jones to draw the cheques in his own name and it was difficult to see that this was not to all intents and purposes the same as allowing him to deposit the monies in his own name. It was perfectly well known to Mr Winches- ter that the accounts were in Mr. Jones’ own name, and it was reasonable to infer that they were kept to- gether with his own money ; and there would certain- ly not appear to be’such distinct, such overwhelming testimony as would justify a Jury in setting upon the accused the mark of Cain and consigning him to a felon’s doom. The learned gentleman then addressed himself to the ('ourt upon the question of Law. No doubt his Lord- ship would instruct the Jury that it was incumbent upon the Prosecution to prove their case. They...”
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“...December 21st 1867. SUPREME COURT & CONSULAR GAZETTE. 259 ed up with his private money or not, whether he was allowed or prohibited from doing this or whether the system he found existing or himself pursued was bad or the reverse, your duty is to satisfy yourselves from the evidence that he received the money, that it was in his custody and under his controul, and that it being so, he converted it to his own use with intent to defraud the Crown. You may therefore divest your minds of all that took place before the 2nd of December, 1865. It was in January that he was told to, and in part did begin to keep, a cash book, that it was then at any rate, if not before, his duty to enter any sums he might re- ceive or pay in that Book. That he did make a pay- ment on Hitchcock’s estate of 8 Taels for funeral ex- penses, on the 8th of January, is certain ; at this time, therefore, the fact of such an estate being in existence must have been before his mind, he must then at least have known that...”
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“...260 SUPREME COURT & CONSULAR GAZETTE. December 21^ 1867. embezzlement. Nevertheless the animus with which the conversion was made, the animus with which the omission was made when he rendered his accounts, whether both were or were not, the result of mistake or carelessness, is for you to decide on, and your de- cision on these points must be confined to and founded on the evidence that has been adduced at the trial. On the one hand you will find that the prisoner undoubtedly received the money orders, that he received them in his character of a person in the public service, that one lie paid into his Bankers, that the other he cashed, gave a receipt for, but never passed in any account, and both he has since either igno- rantly or knowingly applied to his own use; and you will also find that when he rendered his accounts to the Consul he omitted to mention both these amounts as received by him. These are the facts from which you will decide the question of intent from which you are called...”
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“...December 21.s£ 1S67. SUPREME COURT & CONSULAR GAZETTE. 261 best chops, all other sorts unsaleable ; Dollars—58§.; American Tea—Exceedingly dull; American Gold— 139| ; American Exchange —9J.; Discount—2%. London, 21st November, Cotton—8J.; Shirtings— 10/.; Tea—Congous quiet, scented lower ; Silk—Con- siderable sales at 20/. to 23/. for a fair 5 to good 4 closing with better feeling, 3rds 27/.; Dollars—58j.; American Tea—very dull ; American Exchange — 9{.; American Gold—139|. Emperor’s speech at opening of French Chambers considered decidedly pacific. Since our last number, news has arrived from the North of the achievement of a victory by the Imperial- ists over the Nienfei Rebels, who, it is stated, have been driven as far as 300 li from Chefoo. The North- China Daily News states that one of the Nienfei Chiefs by name Lai-Wen, was killed, and that General Li, being witness of the exploit, promoted the leader of the Imperial column under which it happened and re- warded him with Tls. 10...”
12

“...262 SUPREME COURT & CONSULAR GAZETTE. December 2l.st 1867. ■ White Shirtings and Drills is maintained, but T’ Cloths have undergone a sensible decline, and the best chops of 7 lbs. are not now worth over Tls. 2.10. Scarlet Camlets are in good demand at Tls. 14.25, and orange at Tls. 15, but other Woollen goods are almost unsale- able. Tea :—Black. A steady demand has existed for this description since our last issue, and the late purchases shew an advance in rates. The stock is now so small and so firmly held, that natives will probably obtain their prices for the parcels remaining. The purchases of the past week amount to 8,000 chests, and the stock numbers about 8,000 chests. Green. A considerable business has been transacted at very firm prices on both English and American ac- counts. Common Fychow Tea has been bought at Tls. 27, and fine Moyune has been taken at as high as Tls, 43. Shipping. There is no change in the rate to either New York or London, vessels are now obtaining fail-...”
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“...SUPREME COURT & CONSULAR. GAZETTE. British Consulate Chinkiang. IN HER BRITANNIC MAJESTY’S COURT AT CHINKIANG. In the matter of the Bankrupt Estate of Joseph Proctor Dymes, lately trading at Chinkiang. A DIVIDEND meeting in the above Estate will be held at this Consulate, on Monday, the 6th day of January 1868, at 2 o’clock in the afternoon. British Consulate, Chinkiang, 12th December, 1867. Imperial Maritime Customs. NOTICE TO MARINERS. TITAN LIGHT—AMOY. NOTICE is hereby given that the light on Titan is- land has been replaced and, from this date, will be shown from sunset to sunrise as herefore. A. E. GARDNER, Harbor Master, Amoy. Harbor Master’s Office. Amoy, 14th Nov., 1867. Municipal Council Shanghai. PUBLIC NOTICE. CONFORMABLY with Clause X. of the Shanghai Land Regulations of 1854, a Public Meeting of Land Renters, called at the request of the Land Ren- ters’ Committee or Municipal Council will be held at H. B. M,’s Consulate on 30ZA instant at 2 p. m. Business. I. —To authorise...”