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

“...SUPREME COURT & CONSULAR GAZETTE， And Law Reporter for the Supreme & Provincial Courts of China & Japan Vol. Ill SHANGHAI, SATURDAY, 4th APRIL, 1868. ]so. 66 CONTENTS. Leading Articles. Page. Claims for Damage to Cargo................. 133 The Tonnage Dues and the Lighting of the Coast and Rivers,........................ 134 Cases in EL B. M.’s Supeeme Court. Okoolooff, Tokmakolf & Co. and Ivanoff, Oberin & Co. v. Jardine, Matheson & Co.... 134 Criminal: Regina v. Woods,................... 137 Page. Case in U. S. Consular Court. Neale v. Roberts,........................137 News of the Week,......................... 138 Commercial Summary,.................... 14() Shipping,................................. 140 Quotations, &c., &c....................... 140 NOTIFICATIONS Prussian Consulate General. H. B M. Supreme Court. H. B. M/s SUPREME COURT FOK CHINA AND .JAPAN. rTICE.——It is hereby notified that the sittings of the Court for hearing ordinary civil cases during the month of April next...”
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“...April MK 1868. SUPREME COURT & CONSULAR GAZETTE. 133 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 n on Saturday No comnitmic'dions can be noticed unless accompanied by the name of thewriter. 洚邸rente anb 遜汩ette Shanghai, April 4th, 1868. An important question has recently been brought before the notice of the public in re- ference to the liability of shipowners for damage caused to Tea upon the voyage home; upon wliich, for various reasons (chiefly because the question bore an analogy to one whicli, in the cases of Okooloff，Tokamkoff & Co. and Ivan off, Oberin Co. versus Jardine，Matheson & Co. was about to come before the Supreme Court,) we have hitherto refrained from commenting. As the matter is one in which the mercantile public is deeply interested, we think it desira- ble, although at a somewhat late date, to lay before our readers the main...”
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“...1S4 SUPREME COURT & CONSULAR GAZETTE. April 她 1868 now that this fact lias been definitely ascertain- ed, it will be well for shipmasters .to be upon tlieir guard as to wliat cai^oes they put in juxta- position with Teas. "VVe understand that as a matter of fact, there is no difficulty in proving the injury inflicted by tlie fumes; and if such injury be received, and the Captain can rea- sonably be supposed to know that wines or other cargo taken on board are likely to cause it, there can, we think, be little doubt that lie would be liable for the damage. About two years ago, acting under considerable pressure from without, and at the urgent advice of Mr. Fitz-Koy, then acting Inspector General of Customs, the Chinese Government agreed to by tlie sum of TJs. 3,000 per month out of Tonnage Dues collected at this port to form a fund for the erection of a new lighthouse at the entrance of the Yangtszs, the improvement of the existing lights, and the better arrangement of beacons and bouys...”
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“...April 4^ 18G8. SUPREME COURT & CON ST几 Alt GAZETTE. 135 stowage, especially as tlie oil was packed in fragile baskets. The Defendants would no doubt contend that the accident resulted from the perils of tlie sea, ljut tlie learned Counsel would call the Jury’s attention to an important distinction. It was true the oil might not have got adrift but for the bad weather ; but if tlie order of the stowing of the cargo had been reversed, liotwithstaading the bad weather, the damage would not have occurred. The law always looked to the proximate before the remote cause, and that, in this case, was the oil, which it would seem in his anxiety to get away, the ni?«ster had stowed defective- ly. Tlie learned Counsel then quoted from IMaclaclilan on Shipping, p. 359, and from xlbbott, p. 259, to shew that the responsibility of proper stowage rested with tlie Master ； and alluded to Alstonv. Herring, 11 Exch., p. 822, as explanatory of tlie nature of the ship’s liability when the proximate cause of...”
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“...136 SUPREME COURT & CONSULAR GAZETTE. April Mh 1868. perly liable, as lie contended the proximate cause of the damage in the case before the Court was tlie peril of the sea, that being the cause which immediately produced the accident. In conclusion lie stated he would be able from the evidence to substantiate three points, tirst that every precaution was taken in the stowage of tlje cargo ； secondly that Messrs Trautmann & Co. could not ob- ject to the presence of the oil, seeing that they shipped it themselves, knowing the Tea to be on board ; and lastly that the cause of the damage was iu the nature of perils of the sea ; the water striking the oil baskets having produced the disaster. He believed the Court would direct the Jury to the effect that the proximate cause of the damage was in the nature of perils of the sea ； and the matter of fact for them to decide was whether there was sufficient evidence of negligence to induce them to attribute to it the damage which had been done. He...”
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“...April 4th 1868. SUPREME OOCKT & CONSULAR GAZETTE. 137 lated to River steamers, though. Captain Stocks stated he had carried oil on the main deck and precautions might be taken to render it safe to take oil on the upper deck. It would be for the Jury to decide whether in stowing the oil above the Tea, the Captain of tlie Glengyle exercised a sound judg- ment, or wlietlier, as appeared prinia facie, it was ail imprudent and dangerous thing to take the oil and tea as they were stowed. The Jury returned a verdict for the Plaintiffs ; which was by consent held to apply to both cases, the facts being alike in each. H. B. M/s SUPREME COURT. March 29认，1868. Before C. W. Goodwin, Esq. Regina v. Woods.—Charge of assaulting W. H. Tapp, H. B. M. Shipping Clerk. Mr. Myburgh appeared for the Crown. Mr. White rose and begged to apply for a post- ponement of the case. The counsel who had under- taken to defend the prisoner had informed him it was impossible for him to attend to-day. Mr. White him- self...”
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“...138 SUPREME COURT & CONSULAR GAZETTE. Apra M 1868 agreed on after one or two months, service, that no sucli agreement was arrived at, and that he was finally discharged in January last, and an account rendered to liim iu which bis wages were set down at the rate of T'vo Hundred Dollars a month, that lie then objected to the rate, and the Defendant refused to pay him more. He therefore claimed the amount acknowledg- ed ia the account, and Fifty Dollars a month addition- al. The Defendant declared that the agreement origin- ally made was that lie should pay Plaintiff at what- ever rate lie, the Defendant, should consider fair, that subsequently, say in May intervening, lie directed his book-keeper to enter in hia book tlie Plaintiff’s wages at Two Hundred Dollars a month, tliat lie did so, that Plaintiff was so informed, and that :he made no objection to the rate until lie was linally discharged. Evidence was given touching the extent of the De- fendanfs shop, the rate of pay of Engineers...”
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“...of by the na- tive officials to send away a number of the Cantonese riffraff in the setlements, which on the 29fcli & 30th inst. were searched by the Chines© authorities and the po- lice for the Cantonese thieves and lieggars, who, as caught, were taken to a Police Station and detained until the above named vessel was ready to sail, when they were marohed down to the Bund, placed iu boats and taken to tlie ship. Per Steamer Suwonada we note. the return of Sir Edmund Hornby, Chief Judge of the Supreme Court. The following passengers have arrived during tho week : per Naming, from Tientsin, March 29th, Mr. Cable ; per Glengyle frora Newchwang, Messrs. Bruce, Gud and Plaff ； per Aden, from Yokohama, April 1st, Messrs. Rutherford, Gracie, Lovell, Pteeves, F, Foster and W. Rogers ; per Osaka, from Nagasaki, Messrs. Fobes and Dickman. The foil owing have departed : per Cadiz, for Y okoharaa, March 30th, Messrs. Carles, Hudson, Stil 1, Vernedo and De Solla Troupe ; per Douglas, for Hongkong, April...”
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“...140 SUPREME COUKT & CONSULAR GAZETTE. April 4th 18(58. participated in the profits of the Bank. Apart from any argument as to the responsibility of the Chinese Government on the plea of the Bank being under Go- vernment patronage, we think that the Taoutai, from his having refused to act in accordance with the de- mands of the Consuls and the Treaty, can be held res- ponsible for any losses arising to foreigners from hia inaction. A vague rumour is afloat to the effect that tlie Chinese authorities are taking account of the as- sets, and will ultimately make good the claims of fo- reigners, though at present they will not commit themselves to any ^statements. We incline to think that the said assets consist chiefly of bad debts, and unless the late Taoutais who have pocketed the mel- tage fee are compelled to return the same in full, there will be little to divide among the creditors from the proceeds of same.” Kswkiang.一With reference to the news of the re- duction on Tea Duty given in...”
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“...SUPREME COVKT & CONSULAR GAZETTE. NOTICE. MR. John Irwin Miller of Shanghai was admitted a Partner in our business carried on here, under the firm of Jakvie, Henderson & Co., and in Shang- hai, under the firm of J. Jarvie & Co., as on the 1st January, 1867, and Mr. Fullarton Henderson has been authorized to sign the latter firm. JARVIE HENDERSON & Co. Glasgow, October, 1867- NOTICE. THE interest and responsibility of Mr. Walter Miller Norton in our firm, and in that of Messrs. Alt, Hooper & Co., London, ceases fromthi date. • Mr. Charles Ryley is authorized to sign our Japan firm per procuration. ALT & Co. Nagasaki, 31st December, 1867. FOR SALE. A DESIRABLE PROPERTY, situated in the Can- JlL ton Road, near to the premises of W. K. Adam- & Co., consisting of Land measuring 8/*. 6Z. Sh. or thereabouts, and the buildings thereon,—aii Eight- roomed Dwelling House and a Godown. The present rental amounts to Tls. 125 (one hundred and twenty five Taels) per month. For further particulars, apply...”