The plaintiff is Harold Browett, a British subject, who is registered in the United States Consulate-General as the owner of a piece of land situated within the Foreign Settlements of Shanghai, known and hereafter described as Lot 112. The defendants are the Municipal Council, elected by the Ratepayers of the said Foreign Settlements in accordance Article LX of the Lind Regulations, and, in exercise of the powers which they claim are conferred upon them by the said Regulations, they use the: portion of Lot 112 adjoining the Soochow Creek as.a Garbage Yard for lading the garbage of the Settlements into boats, tion of his Isnd es a garbage yard bythe The plaintiff considers the use of a por-
defendants to be a trespass, involving at the same time a nuisance to him and the tenants of the houses on the said lot of land, He therefore prays that the defendants, their contractors, servants, workmen, and nts inay be restrained by a perpetual injunction of this Court from entering upon the said lot of land, or any part or portion thereof, and also from dumping, or depositing, of otherwise dealing with garbayo thereon. The land known as Lot No. 112,
from the native owners in 1862, was pur-which was first acquired by a foreigner chased by the plaintiff in 1888, and the accretion to the foreshore on the Soochow Creek in front of it was -purchased by the plaintiff from the Chinese Government in 1890.
These facts are not disputed by the defendants. Tt appears, however, from the evidence produced by the defendants, that the portion of Lot No. 112 adjoining the ow Oreok was used by the defendants as a place for depositing and lading garage into-boatserersince the oars 1876 or 1876,
Text read from the printed page and cleaned; old type leaves the occasional error.