Your search within this document for 'supreme' resulted in 15 matching pages.
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“...SUPREME COURT & CONSULAR GAZETTE, And Law Reporter for the Supreme & Provincial Courts of China & Japan Vol. Ill SHANGHAI, SATURDAY, 6th JUNE, 1868. No. 75 Leading Articles. Payment of Tonnage Dues...... ............ 237 Compulsory Pilotage ..................... 237 Letter to the Editor. A Code of Law for Mixed Cases ............. 238 Cases in H. B. M.'s Supreme Court: Forbes v. Barnard .......................... 239 Summary Cases...................................... 240 CONTENTS. Page. Police Cases.......................................... 240f Despatch from Sir Rutherford Alcock on the Duty on Tea-dust............................ 245 News of tiie Week .......................... 243 Commercial Summary............................ 251 Shipping,..................................................... 252 Quotations, dc., &o. ................................ 252- NOTIFICATIONS II. B M Supreme Court. H. B M. Supreme Court. IN HER BRITANNIC MAJESTY'S SUPREME COURT FOR CHINA AND JAPAN. COURT OF...”
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“...SUPREME COURT & CONSULAR GAZETTE. Prussian Consulate General. Sehiffraumes zu zahlen sind. Aucli ist von einer Geld- fitrafe fur nichtzeitige Zahlung der Tonnengelder keine Rede. Art- 21, bestimmt nur : " Die Eingangszolle sind beirn Landen der Giiter und die Ausgangszolle beim Verscliiffen dersel- ben fallig. Wenn die Tonnengelder und Zolle, welche vom Schiffe und der Ladung zu zahlen sind, vollstandig berschtigt sind ; soli der Zollin-- speotor eine General Quittung dartiber ausstelle auf deren Yorzeigung der Consular Beamte dem Capitain seine SchifTspapiere zuruck geben und ihm erlauben unter Segel zu gehen." Es stelit also allein dem Consular Beam ten, wenn er 63 fur gerechtfertizt halt, zu, dem Capitain seine Schiff- spapiere vorzuenthalten und ihm zu verbieten unter Segel zu gehen. Ohne Genehmigung des Consuls ist gar keine Gewalt- massregel gegen Norddeutsclie Schiffe oder deren La- dung zulassig. 2.—Die Erniedrigung der Steuer fur Tea dust be- treffend, nehme ich auf die Zollhaus...”
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“...to the Editor, and that they be sent not later than Friday. Advertisements will he received till 10 a.m. on Saturday No communications can he noticed unless accompanied hy the name of thewriter. Supreme fart attb fasalar feette Shanghai, June 6th, 18G8. The circular letter wliicli has recently been issued by Sir Rutherford Alcock with reference to the collection of Tonnage Dues and Import Duties, appears to have given rise to some mis- apprehension as to the motives which suggested the step. A correspondent, who wrote to a local contemporary, fell into an obvious error as to the object which may be supposed to have influenced the Chief Judge in calling the atten- tion of Her Majesty's Minister to the course pursued by the Customs. The writer seemed to imagine that the convenience of the Supreme Court had been exclusively consulted, but omit- ted to shew by what steps he had arrived at this conclusion ; for how a Court of justice could be identified with the collection or receipt Cus- toms...”
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“...238 SUPREME COURT & CONSULAR GAZETTE. June 6th 186S. June 6th 1868 a vessel entering port should he compelled to employ a pilot. It is reasonable that steps should be taken to provide that those shipmas- ters entering a port and desiring the services of a pilot, should be able to secure one upon whose competency they can rely; but it is unreason- able, that even under such circumstances, they should be forced to take a pilot whether they should want one or not, and this appears the more untenable when the law upon the subject, as very clearly summarised by the So- licitor General, is taken into consideration. The rule as at present existing is briefly as follows. By the law of England, the master is bound to answer for the negligence of his servant, however careful he may have been in his selec- tion. That law is only applicable in the case of a ser\ ant, so that immediately a shipowner is bound by law to take a pilot over whom he has no control whatever, and of whose compet- ency he is...”
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“...natives. The in- fluence of the foreign Custom's employes and noil judi- cial Consular Officers should prove ample to prevent any serious wrong being done the foreigner at a port, and a sense of responsibility, it is to be. hoped, might lead the native official to take more impartial views of matters than the present system, which compels him not only to form exparte and extreme opinions, but obliges him at the risk of his position to enforce those views to the best of his power. C, H. B. M. SUPREME COURT. June 2ncl, 1868. Before C. W. Goodwin, Esq., Assistant Judge. R. H. B. Forbes versus F. J. Barnard. Claim for $200, for services rendered. The Plaintiff read to the Court his petition, setting forth the grounds of his suit, which were that Defen- dant had engaged his services as clerk at $100 per month from 1st Feby., and held out certain prospects of increase, and that lie had gone to Hongkong prior to the term of engagement commencing ; and that only on the 18th March had he received...”
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“...240 SUPREME COURT & CONSULAR GAZETTE. June 6tli 18(38. all events, as it was impossible to say who miglit call. He then called Mr. Alex. Levy, who stated that he had called several times at Defendant's office early in Feby. but had not found the Plaintiff there. The boy had stated that he had been there to see if there were any letters, or whether anybody called. The Witness made some further statements but did not add materially to the evidence already given. The Defendant called Achoy, his principal servant, to testify as to when the Plaintiff had been present and when absent from the office. The Witness testi- fied to his having come for a short time on some days and having, as he himself had stated, gone up the country for a week in March. His Lordship in deciding said that the Defendant had no doubt placed Plaintiff in a somewhat difficult position, and what the latter had done was not very much to his discredit. He took it for granted that Defendant had made the engagement. Defendant...”
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“...242 SUPREME COURT & CONSULAR GAZETTE. June 6th 186S. The Prosecutor then put Mr. J. Dow into the box, as he wanted the opinion of a mercantile gentleman as well as one belonging to a profession. Mr. Dow gave his opinion that he understood the statements as referring to Mr. Barnard and considered them such as to hold a man up to ridicule. Mr. Barnard.—Thank you, that is all I want, (re- collecting himself) and to cause a breach of the peace ? The Witness.—That would depend on the nature of the person. Mr. Barnard said, precisely so ; but the law did not enter into the consideration of this point in a spe- cial case. If they were generally calculated to cause a breach of the peace, that was enough. He went on to say that he did not intend to trespass longer on the time of the Court. He was too much a man of the world to ask othe » to prove what these gentlemen had clearly shewn. He did not wish to prejudice the case, but upon what had been proved, he would ask His Worship to commit the Defendants...”
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“...as in my profession, I think it is undesirable to seem to " tout" for business, which is sure to come in due course. I am, Dear Sir, Faithfully yours, FREDK. JAMES BARNARD. Shanghai, 20th Jany., 1868. P.S.—As a fact, before I left Hongkong I was retained in two very important cases, one of which, as counsel for a body of rich Chinamen, who paid me a large retaining fee to induce me to return there, and consequently I purpose leaving by the first mail steamer in February to conduct them in the Supreme Court of that Colony, and it is pos- sible lience may have arisen the statement as published by ^ you erroneously. ^ F. J. B. The Editor of the " Evening Express." Sir,—I notice my name mentioned in the Saturday night's issue of your paper most complimentarily, (but you pardon me for saying so) in, I think, an uncalled for and unwarrantable public manner, inasmuch as your assertion, with reference to my beine retained against the Chinese authorities in an important case is, I regret to say, quite...”
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“...244 SUPREME COURT & CONSULAR GAZETTE. June 6th 186S. At the close of this case the Court suggested to the • parties in the next case of Regina v. W. Tarrant, Editor of the 44 Friend of China," that this latter should not be brought on till a final decision had been given in the first. The prosecutor, however, wished that the second case should be heard too, which the Court the proceeded to do. Before R. A. Mowat, Esq. Regina, at the suit of F. J. Barnard, v. William Tarrant, Proprietor Friend of China Newspaper. Charge :—Libel. Defendant pleaded not guilty. The prosecutor stated that he appeared to prosecute for a libel contained in the following letter (read and put in) which appeared in the Friend of China News- paper of May 22ud instant. To the Editor of " Friend of China J Shanghai, 20th May, 1888. Sir,—An amusing, or rather an extraordinary thing occurred last week. A pers -n speaking English, and wearing under his lower lip what b irbers call a 44 Goatee," visited one of the Opium...”
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“...SUPREME COURT & CONSULAR GAZETTE. The following despatch concerning the question of the Duty on Tea-dust has been circulated by Sir Rutherford Alcock for general information. Peking, May 25th, 1868. Sir,—Referring to my circular of the 17th February, I now enclose a further correspondence with the Prince of Kung, concerning certain modifications which H. I. H. deems it necessary to make, founded upon Mr. Hart's report that merchants have erroneously concluded the reduction of duty already notified for Tea dust not exceeding 15 taels per picul in value ap- plied equally to Tea-leaf of such inferior quality as to be valued below that amount. I do not myself see the necessity for fixing a maximum value in dealing with an article so well known, and specifically different from every kind of inferior Tea-leaf or refuse ; and there is abundant evidence that it has introduced confusion in the minds of the merchants, who seem to have "erroneously concluded," as the Prince remarks, " that the arrange-...”
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“...246 SUPREME COURT & CONSULAR GAZETTE June 6th 1868. no error to rectify, and have in the discharge of a public duty given expression or circulation to nothing but the truth, it is no less necessary, now that the facts on which the Prince's report and my comments were founded, are called in question, that these should be substantiated. The statement of 'the Prince of Kung is to the effect that "in July 1866, Messrs. Dent & Co. ship- " ped 591 loads of Tea at Hankow, for which they " only half the proper duty, representing it to be Tea- " dust, a falsification which was discovered by the Customs officials on examination ;"—and believing this to be true in all essential particulars, but regard- ing it as a matter long since terminated, I referred to it merely in general terms as " an attempt at Hankow *' by one of the large mercantile firms to pass a chop " of Tea as dust on the payment of the half or reduced " duty," by which the High Authorities had been de- terred for nearly two years from...”
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“...SUPREME COURT & CONSULAR GAZETTE. any design on the part of their Agent to defraud the Re- venue, though the result was practically the same, and en- tailed the loss upon the Revenue. I avail, &c., R. ALCOCK. H. I. H. The Prince of Rung, NEWS OF THE WEEK. The Mess. Imp. Steamer Duplelx arrived on the 2nd inst., bringing dates from London to April 18tli, and Telegrams to May 2nd, of which the following is a summary : London, 21st April.—The report of Major Anson's committee recommends only a limited employment of native troops in the colonies. A bulky Blue Book has been issued relating to the Bank of Bombay. Fenian Nagle has been released on condition of his quitting the country. The name of General Simpson appears in the obituary of tue week. 22nd April.—Tne re- lease of Fenian Nagle is contradicted. Mr. Trevelyan ha3 postponed his motion relating to the purchase of Commissions in the Army till the 9th May, in conse- quence of the illness of Sir John Pakiugton. 23rd April.—The Budget has...”
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“...SUPREME COURT & CONSULAR GAZETTE. June 6th 1868, with restored them to temporary order. In the mean- time, a messenger was sent by them to H.B. M.'s Con- sul, whose game of croquet was disturbed by the man abruptly informing him that one of the Customs' Clerks was seated, smoking his pipe, in the Taotai'i chair and could not be got to move. It is said that the Consul took immediate action in the case, the full particulars of which may be learnt on applying to said messenger. The Taotai and suite repaired also to the Consulate but did not obtain an interview, and they then held a Council of War at the sub-Prefects, which resulted in a plan to surround the Commissioner's house with troops, and do all sorts of things. By this time it was after seven o'clock, and we were surprised as we were leaving the Club to see a fleet of gunboats issue from the Creek, and row rapidly down the whole length of tho Concession, firing guns, beating gongs. &c. They then retired again up the Creek, but this...”
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“...252 SUPREME COURT & CONSULAR GAZETTE. June 6th IStfS.- closing rate. Private Credits have been placed at 6/14 to private buyers and 6/11 a 6/2 6m/st. to Banks. Considering the opening of the Produce Markets only a moderate amount of Bills have been offered ; which in a measure will account for .the comparatively low cur- rent rates. O11 India, a small business at 303 a 304 Bombay ; and 306 Calcutta 3d/st. On Hongkong 27 a 27 4% disct. demand ; 27 j 15ds/st private.- LATEST QUOTATIONS. Shanghai, June 5th, 1868. T.m.c. T.m.c: Grey Shirtings—54 Catty,_______..... 1.9.0 a 1.9.5 ,, for arrival...................... ,, 64 Catty, on spot............... 2.2.6 a 2.3.1 ,, for arrival..................... White Do. 64 Reed,................. 2.3.0 a 2.4.0 T-Cloths—71b., 32 in, ............,, 1.8.0 a 2.1.0 Long Ells—HII Scarlet,............ 6.9.0 a 7.0.0 ,, Assorted,................ 6.8.5 a 7.1.0 CPU. Scarlet,........... 6.8.0 a 7.0.0 ,, Assorted,................. 7.0.0 a 7.1.0 GG Scarlet,............”
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“...SUPREME COURT & CONSULAR GAZETTE. PUBLIC AUCTION. By Order of the Mortgagee. MESSRS. COWIE & Co. have received instructions to sell by Public Auction, on Thursday, the 18tli day of June 1868, at their Office, No. 27, Foochow Road, at three o'clock p.m., all that valuable Property, consis- ting of 6 mow of Land and the substantial buildings thereon, numbered 142 on the Muni- cipal Plan of the English Settlement at Shang- hai, bounded as follows—N. by the Soochow Creek Bund, S. by the Premises now in occupa- tion of H. 1. M.'s Customs (late Messrs. John- son & Co.,) E. by the Ching-yo-ka Road, W. by a portion of the Premises late in occupation of Messrs. Johnson & Co., and Registered at the British Consulate as lot 107, measuring per Title Deed 4m. 2>f hi. 0h.} but found by a recent survey to contain 6 mow or tliereabuots. The whole Property will firstly be offered in one Lot, but if it does not realize the limit to be placed upon it, it will be then offered in four Lots. For further particulars...”