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

“...Aiid LaAV Reporter for the Supreme & Provincial Courts of China & japan Yol. IY SHANGHAI, SATURDAY, 5th SEPL'EMBER, 1868. No. 88 CONTENTS. Leading Articles. Page. An European Police for China........... 93 ^Pidgen English......................... 94 Cases in H. B, M.7s Supreme Court, In AdmiraltTL：—In re the 4* Trebolgan M. 95 In Bankruptcy:—In re E. Warden .......... 96 Summary Cases.............................96 Police Cases............ ............... 96 Case in U.S. Consular CouRf Page. Hung un Tsieng v,. Str. Suwonada......... 96 Case in H. B. IVI/s Provincial Court, Newchwano. Watson v. Busli,......................... 96 Case in Mixed Court, Shangha.i. Yates v. Wy Yung Cliang,.................101 News of the Week,..........................101 Commercial Summary., Quotations, &c., &c.…104 NOTIFICATIONS H. B M Supreme Court H. B. M^s SUPEEME COURT FOE CHINA AND JAPAN. NOTICE. T|'HE Sittings of the Court for hearing ordinary 8 civil cases during the mouth of...”
2

“...September 5th 1868 SUPREME COURT & CONSULAR GAZETTE. 03 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 a.m. on Saturday No communications can be noticed unless accompanied by the name of thewriter. Snpreme €amt aixb Consular SHANGHAij September 5th, 1868. It is usual when doctors have to come to a con- clusion with reference to a sick man’s illness, for them to set to work very carefully, to dis- cover the nature of the disease which it is de- sired to cure. This very salutary principle seems, however, to liave been overlooked by those who have from time to time essayed to prescribe for the proverbial i( sick man," China. They have all come at once to the conclusion that the patient is inadangerous condition, nncl, without very greatly troubling themselves about the precise nature of t-lie illness, have boldly pronounced their various theories...”
3

“...94 SUPREME COURT & CONSULAR GAZETTE. September hth 186S the country would no doubt be quite sufficient to maintain such, order as would overthrow all the difficulties wliicli now so mucli frighten the Chinese. If they made arrangements to enlist into their service a small number of European police, there would in the large ma- jority of places be no difficulty whatever as to local government. They would in fact be themselves doing what we are doing for them at the treaty ports ; and the only difference between the order of things in Shanghai and that which we are suggesting would be, that tlie Chinese instead of the foreigners would then defray tlie police expenses. In addition to this tlie central Government should be provided with a sufficient number of gun- boats to perform such services as might be use- ful in cases of emergency. In this last direc- tion some improvement is now being made, which, combined with the measure we liave suggested, would go far towards improving tlie state...”
4

“...September otl, 1886. SUPREME COURT & CONSULAR GAZETTE. 95 part of an Englishman to make use of tlie idiom，is actually looked upon by the Celestials as an evidence of ignorance ; and we hear of a Cbinaman naively observing that an English- man u belong too mu tehee foololi; he makee stop Cheenah too mutchee long teem, no savey Englisliee taAikee ;，’ or, in other irds, was a very ignorant man, as he had staid for a leng- thened period in China without acquiring En- glish. It would be a curious subject for the investi- gation of philologists how it happened tliat this language came into existence, and how it at- tainecl a recognised standing. It is ]>retty gen- erally known that it is simply an attempt at a word for word rendering of Chinese idiom ; one word of English for one word of Chinese and in the precise order that the Chinese speak. An utter disregard of case, gender, person and tense is the result ; bat it is curious to observe how closely tlie Chinese is followed ; in the majority...”
5

“...96 SUPREME COURT & CONSULAK GAZETTE. September 5th 1868. The amount of the Captain’s wages was also decreed to be paid out of sale. They amounted to about $4,000 ; and it was ordered that account be taken of a claims by Mr. White, Solicitor, on Itehalf of Mr. Arose- niu8, for necessaries, about Tls. 107.14, and Messrs. MacKenzie & Co., for necessaries, $446.83 before, and $88.55 after arrest of the ship. These claims all to be investigated by the registrar. A point as to marshall- ing the claims for necessaries, namely, whether they should come in paripassnf or that first made take prior- ityi was reserved. No order was at present made as to the sale of the ship. H. B. M. SUPREME COURT ； IN B ANKRUPTCY. September 3rd 1868. Before C. W. Goodwin Esq., In re E. Warden. Present: M. Phillippe, for the Comptoire d'Es- compte ; Mr. D. Barnes, for Capt. Jamieson, a claim- ant who had not yet proven.' Mr. D. Barnes produced declaration for debt from Capt. Jamieson for Tla. 2,390.65, admitted...”
6

“...September 5th 1868. SUPREME COURT k CONSULAR GAZETTE. 97 the defendant had signed as acting for “ creditors’” assignee, he ordered the .Answer to be amended accor- dingly. The Official Assignee was simply an officer of the Supreme Court, Who had no personal interest in the cause. The creditors were, he considered, the subs- tantial defendants. In any ease, the defendant had here advertised the sale as agent for creditors, " as- signee, and the plaintiff was entitled to sue him as such. The Consul ordered two etceteras in Petition to be struck out. The clefendaiifc coultl not tell .what they re- ferred to and could not answer them. The Consul then went over Petition and Answer, and noted, the following points in issue as they stood there :— 1st—-The defendant denies that the property has been depreciated to the extent of 1,000 taels or there- about ;the plaintiff affirms it has. 2nd—The defendant jnaintains that, on the fall of hammer, the plaintiff became the owner of Lot 3 ; the plaintiff...”
7

“...98 >SUPREME COUET & CONSULAR GAZETTE September 5th 1868. It was assumed by me to be an understood thing that the property was at risk of purchaser from fall of hammer—lienee I did not mention it in the advertise- ment. [Flainliff hands in an advertisement cut out of the North China Daily News res|*acting sale of the property (marked A No 3). Witness aJmits its au- theuticity, also that the compradore’s buildings are therein mentioned.] In the circular issued here <4 offices >} referred to two clerks5 oifices, the &c to the boy*8 rooms. [Witness bauds in letter from plain- tiff mentioned in paragraph 1 of his answer. It is dated the 18th July, and is now marked A No. 4 Plaijitiff hands in letter from Mr. llenry Bush to him- self, now marked A No 5.] Witness ： That letter was written with my knowledge. That of plaintiff of the X8fch July was the answer to it. By the Court.—I have been a resident here since June 1862. I have, during that time, dwelt on the premises on Lot 3. I was first...”
8

“...also held that if the defendant. James E Bush, was a gooSupreme Court at Shanghai must be promptly and ef- fectively checked, because conflicting with the object for which the Provincial Courts had been established that was for tbe convenience of residentsto rentier it unnecessary, when they desired to obtain legal redress to have to go, as regard this port, about a thousand miles away, at an inconvenience and expense that would cause most to resign themselves to what they believed to be injustice ratlier than seek for redress in a mode so onerous. I therefore...”
9

“...100 SUPREME COURT & CONSULAR GAZETTE. September 5th 1868. known rule in the construction of contracts that you must not interpret what requires no interpretation. ’J he plaintiff, in his comments, has endeavoure l to strengthen his case by an illustration about the. pur- chase of a horse and its being damaged in use by the seller before delivery to buyer. As it is the duty of an English judge not only to do justice Imt to show if possible that justice is clone, I shall follow the plain- tiff^ example, and endeavour by an illustration to make this point clearer to those who now hear me. If a person were to say :—
10

“...September 5th 1S68, SUPREME COUKT & CONSULAR GAZETTE. 101 on issue No. 2 has doubtless been already perceived. It is that the plaintiff did not become the owner of Lot 3 on the fall of the auctioneer^ hammer, that the sale on the 15th was not absolute but conditional, and was a transaction that extended it3elf over the half month up to the first of August. I have already de- cided that the seller did not intend that the buyer should have possession before the 1st August or that he should derive any benefit from the property before that date. I have now to notice the important effect, as regards this issue, of the stipulation in the circu- lar, that the buj^er should forfeit the first half purchase money paid unless he paid the second half of the price by the 1st August. Had the seller announced no such stipulation, and, on a buyer's not paying in full on the 1st August, simply held the property as a security, and brought an action to compel the buyer to complete the purchase, then there...”
11

“...102 SUPREME COURT & CONSULAR GAZETTE. September oth 1868. under Suspension of the Habeas Coitus Act, and that there are no Fenian prisoners waiting trial. In con- clusion Her .\Jajesty enumerates the leading measures of the Session and announces the early dissolution of Parliament, and trusts the forthcoming elections will end satisfactorily and that civil an d religious freedom may be maintained unimpaired, tha t her institutions be secure to her subjects and the settlements under her realm. —1st August. Sir Stafford Northcote in replying to Mr. Kinnaird in the House of Commons, said it was impossible for him to take the initiative in granting a Frontier Service Medal to the Bengal Forces•—as he said it rested with Sir John Lawrence. The Marquis of Abercorn lias been created a Duke. Several peerages are contemplated. The Goodwood Stakes have been won by Saliquret (?) and the Cup by Speculum.—3rd August. A fearful calamity has oc- cured at Manchester through a false alarm of fire be-...”
12

“...September 5tk 1868. SUPREME COURT & CONSULAR GAZETTE. 103 from Osaka to the Tahu, but owing to a heavy sea running at the time, the boat was capsized. They were, howev er, speedly rescued by a boat from the Cormorant, but owing to the severe shock he had sus- tained, we are sorry to say Mr. Green expired in a few hours. Saturday the 30th A ugust, was the birthday of his Celestial Majesty Tung-che, and the Chiuese pu blic offices were consequently ^closed. The runners a七 the new Tung-cWs Yamun in the Maloo seem likely to create considerable trouble. At- tention has been called to the fact that one of these gentlemen entered an opium shop and refused to pay for his refreshments. As stated by a contemporary, after he had enjoyed the soothing drug, lie coolly said to the proprietor 44 We don't pay for such small mat- ters, but if you want any little assistance at the Court our services are at your disposal.” Some difficulty seems also to be arising in conse- quence of dispute as to ju...”
13

“...SUPREME COURT & CONSULAR OA2ETfE. September 6tli 186^. 104 Green.- -Not much has been done during the week owing to the firmness of holders, and prices can hard- ly be said to have deelined ； with a continuation of the present quiet, however, lower prices are bound to come. Shippinrj.—Rates are £ 2.15 a £ 3 to London. Silk.—Subsequent advices by wire confirm those previously received of a quieter feeling in the home Markets, and of a falling off in deliveries ; the letters also by last mail, are not satisfactory. This in list cause some of oiir buyers who so confidently anticipat- ed hearing of I'hirds being 34/. and 35/. per lb. to doubt whether these prices will be realized, and to wait a little before venturing more money in Silk to arrive in tbe gloomy month of November. Natives are anxious to sell or ship through foreigners, being afraid of being caught, aa many of them last year were with high cost Silk in a falling Market. Prices are 10 to 20 taels lower ； very fair Market No...”
14

“...SUPREME COURT & GONSULAiR GAZETTE. British Consulate Tientsi n at the said adjourned public sitting held this day, and there being no further opposition thereto, it was ad- judged by the Court that the bankrupt was entitled to his discharge. The Order of Discharge will be signed and delivered out to the said bankrupt on the lOtli day of September% 1868, provided no appeal be instituted before th at time, and provided tlie condition attached by this Court to the grant of tlie said order of discharge be also duly performed by the said bankrupt before the said l〇d day 1868. British Consulate Shanghai- NOTIFICATION. H. B. M. Consulate Shanghai, 23rc? July, 1868. INSTRUCTIONS having been received by the under- signed to take charge of this Consulate during the absence of Mr. Consul Winchester on leave, notice is hereby given that he has this day entered upon the duties of his office. W. H. MEDHURST. H. B. M. Consul. THE CHINESE LANGUAGE. fj^ZU ERH CHI. Colloqilial Series,....... $10...”