Dealing with the question of the Court's jurisdiction, M. clu Pac Marsoulies drew attention to an agreement which had been entered into between the members of the Consular Body in Shanghai, and approved by the Diplomatic Corps Peking regarding juris the French Mixed Court and the former International Mixed Court, now the Shanghai Provisional Court. This provided:—
(a) That a warrant against an employee of a foreigner having extraterritorial rights must countersigned by the Consul of the, empl (b) That when the'plaintift was foreigner other than French, in the Concession, the warrant must be issued' by the Provisional Court and countersigned by the French Consul and the Consul of the plaintiff, and the person mvanted must be brought directly tofore the Provisional Court, This was not'done, said counsel, and that was why Mr. Maguire protested. The police said they were not prosecuting jointly with Mr. Bathala, In this case, they must prove that complainant was of French nationality before accused could be brought before the French Mixed Court, "What are the Police?" asked M. clu Pac de Marsoulies. They were a department of the French Consulate and an auxiliary of the Court. How, therefore, could they decide questions of jurisdiction? The police could not decide on such questions arbitrarily or at will or please: If they did, the spirit of the 1902 agreement ' would be broken. Counsel submitted that they did not have such right. Could an agrecment which had been signed be broken at will?
M, Barraud submitted that the Police, as part of the French Consulate, were capable of bringing the cease before the Court. Mr. Bathala [had renounced the jurisdiction of the Provisional Court and desired the case to be heard by the French Mixed Court.
Text read from the printed page and cleaned; old type leaves the occasional error.