The Archive · 1910

The Court of Consuls

Shanghai, December 19.

Before Sir Prunam L. Wannen, x.0.x.0., Consul-General for Great Britain, end Senior Consol, Presid ent; Tav. H Esq., Consal-General for Norway; and Herr vox Burt, Consul-General for Germany.

DONG TIKG-KKE: P. THE COUNCIL FOR TAY

VOREION COMMURITY OF SHANGHAI, Tu thie case, in which Mr. T. Morgan Phillips appeared for the plaintiff and Mr. R. N, Macleod for the defence, the following judgement was delivered The plaintiff in this case is a Chinese subject who has carried on an extensive basines a a metal, coal, rice and general dealer at Shanghai parts of China daring the past six years.

Council for the International Settlement at Shanghai. It is alleged by the plaintiff that on Jane 27, 1910, the defendants by their servants, two native police constables (detectives), wrongtolly entered his businees premises at Nos. 6, 7 and 8 Soochow Road, Shanghai, and remained in possession thereof for " considerable time. plaintiff farther alleges that fact that his business premises were in the possession of the Police immediately became known to the business commanity, both native and fore and caused serious damage to and reputation os a trader. He claims sum of fifty thousand taels as damage for the grave injury thereby occasioned to his trade and basines.

The Manicipal Council in resisting thie claim base their defence upon the contention that if the native police in question entered the premises of the plaintii—wrongfally or otherwise—they did so in the capacity of employees of third party and not as servants of the Conccil, They claim that wt the sine when the occurrence is all taken place the nati poral engaged in performing "speci service on behalf of private party had cessed for the time being to be under the control of the Council; and that the Council can recognise na

Text read from the printed page and cleaned; old type leaves the occasional error.

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