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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan
Vol. Ill SHANGHAI, SATURDAY, 25th APRIL, 1868. No. 69
~ CONTENTS.
丄X丄X
Page.
Leading Articles.........................
The Objects of the Chinese Mission,... 169
Bonded Warehouses,.................... 169
Cases in H. B. M.’s Supreme Court.
Creditors’ Assignees of Estate of Mackellar &
Co. v. Chartered Bank of India, &c. . 170
Cowie & Co. v. D. Sassoon, Sons & Co. —R&-
hearing..............................; 174
Okoloff, TokmakofF & Co. and Ivanoff, Oberin
& Co. v. Jardine, Matheson & Co.—Rehear-
ing, Judgment,................... 176
NOTIFICATIONS 7~~~
H. B M. Supreme Court.
IN HER BRITANNIC MAJESTY\S SUPREME"
COURT FOR CHINA AND JAPAN.
COURT OF BANKRUPTCY.
In the Matter of Charles Treasure Jones,
a Bankrupt.
Shanghai, 24th day of April,1868.
WHERE入S at. a Public Sitting of the Court, held
on the 22n(i day of January,. 1868, the Court
granted an Order of Discharge to the said Bankrupt,...”
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“...SUPREME COURT & CONSULAR GAZETTE.
Prussian Consulate General British Consulate Tientsin.
BEKANNTMACHUNQ. . TVTACH dem Norddeutschen Bundes-Gesetz vom JJN 25ten October 1867 haben alle Kauffalirteiscliiffe der Bundesstaaten, also namentlich die Preussens, Mecklenburgs, Oldenburgs und der Stadte Bremen, Hamburg und Lubeck vom lten April 1868 ab als Na- tionalflagge ausscliliesslich die Bundesflagge zu fuh- ren. Dieselbe bildet nach der Konigliclien im Namen des Bundes erlasaenen Verordung vom 25sten October 1867 ein langliclies Rechteck, bestehend aus drei gleich- breiten horizontalen Streifen, von welchen der obere schwarz, der mittlere weisa und der untere rotli ist. Das Verhaltriiss der Hohe der Flagge zur Lange ist wie zwei zu drei. Die Bundesflagge wird von den Schiffen am Heck oder am hinteren Maste—und. zwar in der Regel an der GafFel dieses Mastes, in Erman- gelung einer solchen aber am Top oder im Want ge- fuhrt. Ein besonderes Abzeichen in der Bundesflag- ge oder einen Wimp el zu...”
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“...170
SUPREME COURT & CONSULzVR GAZETTE.
April 25ZA 1533.
hai; that is, each having its own, godown attach-
ed. If, therefore, it be determined to introduce
any system of bond, it would, we think, at least
be desirable that full particulars with respect to
the system in force in Botterdam should be as-
certained, and a definite idea formed as to how
far it would be applicable to Shanghai.
Should it be possible to institute a system by
means of which it would be possible for goods
under bond to be stowed in the merchant’s own
godown, three very important advantages would
be secured. First a danger, which ought not
altogether to be overlooked, that existing in-
terests in property would T)e interfered with,
would be obviated ; secondly the merchant’s
trade would be much facilitated by always
having his goods near at hand for inspection, &c.;
and thirdly the Chinese Government would
benefit by being able to institute a system of
bond far cheaper in this manner than by build-
ing extensive warehouses...”
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“...April 25th 1868.
SUPREME COURT & CONSULAR GAZETTE.
173
i acceptance. On the 8ame day we purchased
a Draft by Thorne Bros., for Tls. 7,463.78. Against
this there were hypothecated 55 cases Long Ells. On
thft 8tb June we purchased another Draft for
Tls. 1,653.17, against 15 bales Lon» Ells. On the 29fch
May, we purchased from Oppert, Scharfenort & Co- a
draft for Tla, 2,300, against which there were 13 bales
of T5Cloths security. To the hypothecation note is
attached a godown order. I cannot explain how it
comes there. On the 4fch May we purchased a Draft for
Tlis. 4,068.39, against 'w^hich were hj^pothecated 30 bales
Long Ell«, marked G. G. L. in a heart four above. We
>ent the documents of all these transactions to our
Hankow Ageuoy.
Mr. My burgh here interrupted saying that he could
not see how this evidence bore on the question, which
was between Mackellar & Co. and the Bank at Han-
kow.
His Lordship said he also failed to see it.
Mr. Robinson said lie was desirous to shew the na-
ture...”
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“...consideration of the payment, practically relinquished
nothing, as the goods these orders represented, were
no longer in existence, and the payment was conse-
qnentiy bad and void. The payment was not made
out of the proceeds of the goods but out of funds,
which in the circumstances of the Bankrupts should
have been equally divided amongst their creditors.
(Judgment ivas reserved.)
H. B. M. SUPREME COURT.
April 21.^, 1868.
Before Sir £. Hornby, Chief Judge.
{In Chambers}.
Cowie & Co. v. D. Sassoon, Sons & Co.
Application having been made in accordance with
leave granted in this case when heard before the Supreme
Court to shew cause why the judgment should be
yet aside, the point reserved was argued in Chambers,
Mr. Myburgh opposing the judgment and Mr. Har-
wood appearing to sustain it.
The question reserved for argument was whether Mr.
Cowie was a partner in the Brick and Saw Mill Com-
pany and so precluded from suing Messrs. Sassoons.
Mr Harwood divided his arguments under two head,
incs—first...”
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“...舐祇恕檢1W;':咖
April 25//i 18B8.
SUPREME CO CRT vt ('ONSVLAR GAZETTR.
175
+stiil be considered shareholders in the Conip:i.ny, T
should have been of opinion that the a.cfc of passing
these accounts was evidence of an account stated be-
tween the Plaintiffs and fehe Company.
Messrs. Cowie allege that they parted with their
shares in 1864 to Mr. Loureiro, and that since that date
they have never held themselves out oi* been consider-
ed as shareholders. Of these facta, however, there is
no evidence except the statement of Messrs. Cowie, and
* record in the 4* transfer book of shares,n in the han«l -
writing of Mr. Cowie, to the effect that share 112 which
he held had been*transferred to Mr. Loureiro. An in-
ference was attempted to be drawn from a paper drawn
by M-essrs. Cowie & Co., headed the 4, Shanghai
Brick and Savz Mill Company, in liquidation 55 purport-
ing to be a list of the liabilities of the Company as also
冰 list of the shareholders liable to defray them ; (in the
latter of which...”
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“...J 76
SUPREME (.'X,LTm CONSULAR (JAZETTE.
April 26Z.A 180S
to whom. I do not say that i;i a case like the present,
Mr. Cowie will get all he desires by such a course of
proceeding, but so far as this Court sitting in Equity
can it will assist him fco'the extent of and within its
jurisdiction.
Looking at all the peculiar features of thia case, I
think I am only doing right in ordering each party to
pay their own costs.
Rule refused.
H. B. M.5s SUPREME COURT, IN APPEAL.
April 24认,1868.
Before Sir Edaivnd Hornby. Chief Judge.
Okooloof, Tokm.vkopf & Co. and Oberin, Ivanoff
Co. p. Jardine, Matheson &(?o.
Judgment.
I aru asked in this case to grant a, new trial, on the
ground that the learned Judge who presided at it
tailed to draw the attention of the Jury with sufficient
clearness to two points taken by the Counsel for the
Defendants, aud that the Jury arrived at their verdict
against the evidence offered.
The two points alluded to were these : whether the
proximate cause of the damage arose...”
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“...April '25th 1868.
SUPREME C'OUHT & CONSULAR GAZETTE.
Mr. Kleimwachter proposed and Mr. Nichol
seconded a vote of thanks to the Members of the
Retiring Committee. Carried.
The ChairaIzVN observed that the immber of
Residents having diminished, it was, he believed,
the general wish t.liat still greater reduction be
made in the Municipal expenditure. The expense
of maintaining an European Constable was consi-
der ble, and he desired to ascertain the sense of
the Meeting regarding the necessity of incurring
this expense.
Mr. Ntchol considered that, after their ex-
perience with Chinese performing constables’
duties, it would be unwise to attempt doing with-
out a foreigner, and that expenses would be in-
creased by such a proceeding rather than dimi-
nished.
This view was opposed by Mr. Kleinwachter,
who expressed an opinion that the extra trouble
attendant on the supervision of the Chinese em-
ployes would be fully compensated by the conse-
quent reduction in the expenditure.
After some discussion...”
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“...Apnl 25tk ;赚
SUPREME COURT & CONSULAR GAZETTE.
181
duty on it remain at Taels 2.5 it will be prejudicial to the
welfare of the mei'chants, has consented to make a com-
promise. ,
It is therefore ordered that the following alteration
shall be made in the Customs’ Rules.—If the Tea dust do
not exceed in value 15 Taels per 100 catties, a duty of
Taels 1.25 shall be levied on it; but if it be above this
value, the duty shall remain as before, viz. Taels 2.50.
Orders have been issued to the Northern and Southern
Superintendents of Trade, as well as to the Inspector
General of Customs, to have this regulation carried out;
and it was also requisite to write to H. B. M. Minister on
the subject for his information.
With the object of preventing the falsification referred,
to above, it will be neqes ary to act in accordance , with
rule 10 of the Treaty, which distinctly states that it is “at
the option of the Chinese Government to adopt what
means appear to it best suited to protect its revenue ac-...”
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“...SUPREME COrRT & CONSULAR GAZETTE.
-
Kagle chop, 64 catty. Tbe stocks have been increas
e(l by the arrivals of the forward Ho ! and Dllkhoosh、
whitli have causc...”
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“...SUPREME COURT & CONSULAR GAZETTE.
Monthly Periodical.
4 NOTES AND QUERIES ON CHINA AND JAPAN.”
Edited by N. B. Dennys.
Price S6 per annum,
TN Issuing a Monthly Periodical devoted to Eastern
i subjects, on the plan of that which, under a similar
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 in all parts of the civilized woild with re-
lation to China, Japan, and the adjacent Countries. With
Peking and Yedo open to travellers and officials, with, the
whole Empire of China accessible to explorers, and the
barriers hitherto so jealously maintained in Japan be-
coming daily weakened, numbers of new facts and much,
'curious information is being accumulated in the note-
books of individuals, who are glad to preserve in type
many little particulars, for embodying which in a form
accessible to the public, no means now exist. All notes and
inquiries received are...”
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