Shanghai, 30th June. Before HE. Tsar Cutis, President of the Bureau of Foreign Affairs at Nanking, and Sir Nrcuozas J. Haswex, H.B.Ms Consul-General.
Beysenrz v. rue Krixoxas Devexce Pay Derartusst.
This was a sitting of a Court constituted under the provisions of Article 17 of the Tientsin Treaty of 1858 and Section 2, Sub-section 3, of the Chefoo Convention 1876, to enquire into the claim by Messrs. Bemnertz and Ca. against the Kiangnan Defence and Pay Department.
Mr. E. Nelson (Messrs Johnson, Stokes and Master) in the absence through indis position of Mr. H. P. Wilkinson, appeared for the plaintiffs, and Mr. W.'V. Drummond forthe defendants, provised Court is what known as the The proceedings took place in an im-Ambassadors' Hall adjoining the Temple of the Queen of Heaven. In many respects the arrangements. were.of.a novel character. H. E.. Tsai Chitin occupied a seat at a table on a raised dais, attended by hisinterpréter, Mr. Fung Yee, whilst on his right hand Sir Nicholas Hannen had a seat, accompanied by Mr. James Scott, the British Assessor at the Mixed Court, 'The proceedings may be said to have taken place in the open air, for a large portion of the Court was open' to the sky, a most Satisfactory arrangement under the circumstances of the weather. Towards the latter part of the proceedings tea and cigarettes were passed round.
Mr. Nelson, upon the Court assembling, applied that' the counter-claim of the defendants should -be struck out, on the" ground that any action against' British Subjects must be brought in the British 'Mr. Drummond admitted that according to the decision of the Privy Council in the Chishima-Ravenna case Mr. Nelson's contention might be correct, but that decision had no binding effect' upon a Chinese Court, as that now siting was. He thought it was within the power.of the Court to take all the circumstances. into consideration on both sides and give judgment.
The Court retired to consider the matter and upon its return Mr. Nelson was informed that he might go on with his ease.
Mr. Drummond then asked leave to amend certain dates in the defendants" answer relating to the time the ships came into the possession of the claimants.
Mr. Nelson strongly opposed the appletion on the ground that the defendants had already admitted the correctness of claimants' dates, and it might seriously affect his case.
The Court decided to allow the amend: ment.
Mr. Nelson then proceeded to open the claimants' case by reading the petition, and the defendants' answer, as follows 1.—We, Messieurs Bennertz and Company, hereinafter referred to, as the claimants, are a British firm trading at Shanghai and else. where in the Empire of Chin 2.—The Kiangnan Defence and Pay Department, hereinafter referred to as the depart. ment, on the 16th day of April, 1896, entered into an agreement with the claimants whereby the three steamers Iooning (Smith) Ningchow (Cass) and Sin Fokien were chartered to the claimants for the term of three years.
3.-The department on the 16th day of May, 1806, entered into an agreement with the claimants whereby the steamer Krangning was chartered to the claimants for the term of three years. that the claimants should pay to the departs 4.—By the said agreement it was provided ment at the following rates On the steamer Sin Fotien $2,800 a month, Ningchow $1,700 3 Wooning 81,700} anon th Kianguing $000}, 5.—The claimants obtained possession of the four steamers on the following respective dates:—The steamer Sin Fokien on the 10th June, 1896, the Wooning on the 27th June, 1896, the Aianguing on the 3rd July, 1896, and the Yingchow on the 23rd July 1896.
6.—The claimants have paid to the Department the total sum of taels seven thousand eight hundred and thirty seven and candareens eighty (Tls. 7,837.80) as and for charter money, and at the time of the breach of the Agreements by the department hereinafter alleged the claimants were not indebted to the department 7.—By the said agreements it was provided. that during the term of the charter the Gepartment was linble for and would pay for all repairs to the steamers over one thousand dollars.
8.—By the said agreements it was provided that on the steamers being taken possession of the department was tu make a proper list of all sails, ropes, furniture' and articles on board. The department not having made such proper list the claimants took over possession of the steamers, on Zee Che-chow a rector of the department on its behalf agreeing to have all necessary fittings and repairs made and to provide for payment of the same.
9.—The claimants relying on such promise and upon the terms of the said agreements and after notice to the department and its representatives have paid or become liable for the following sums expended for and on behalf of the department:—On the steamer
Text read from the printed page and cleaned; old type leaves the occasional error.