399

APPENDIX  B

A  few  typical  instances  are  given  below,  showing  the  nature
of  the  cases  which  come  before  the  foreign  Courts  in  China,  and
the  way  they  are  dealt  with.
BRITISH  SUPREME  COURT
Shanghai,  May  21,  1906
Before  Sir  Havilland  de  Sausmarez,  Judge
A.  Pavlow  V.  Baron  Ward
This  was  an  adjourned  rehearing  with  regard  to  the  defendant’s ­
  set-off  of  Tls.40,000.
Mr.  L.  E.  P.  Jones  appeared  for  the  plaintiff,  and  Mr.  A.  S.  P.
White-Cooper  for  the  defendant.
Mr.  Jones  said  that  at  the  last  hearing  the  Court  had  asked
him  for  an  assurance  that  there  was  another  Court  in  Shanghai
which  was  competent  to  deal  with  Baron  Ward’s  claim  against
Mr.  Pavlow  in  the  event  of  this  Court  dismissing  it  ;  and  on
the  strength  of  the  correspondence  which  he  had  filed  counsel
was  now  able  to  give  the  assurance  that  the  Russian  Consular
Court  had  the  necessary  jurisdiction  in  the  case.
Mr.  White-Cooper  said  he  had  not  yet  any  evidence  available,
and  asked  for  the  hearing  to  be  adjourned  till  June  15.  The
Tls.40,000  had  been  retained  by  Mr.  Kristensen  ;  it  had  never
been  in  the  hands  of  Baron  Ward.
His  Lordship  said  the  state  of  the  case  was  that  there  would
have  to  be  some  issue  determining  the  amount  to  be  set  off.
It  had  been  held  that  the  plaintiff  was  entitled  to  set  off  something, ­
  but  the  amount  had  not  been  ascertained.  A  new  trial
was  to  be  had  as  to  the  propriety  of  the  sum  of  Tls.40,000.
At  the  trial  before  the  full  Court  the  Assistant  Judge  said  :  “I
therefore  agree  there  ought  to  be  a  new  trial  as  to  this  issue,
which  I  would  frame  somewhat  as  follows  :  ‘  What  is  the
Proper  sum  to  be  set  off  in  respect  of  the  Edendale  transaction  ?  ’  ”
Then,  his  Lordship  supposed,  the  order  was  drawn  up.
Mr.  Jones  said  that  the  defendant  had  had  ample  opportunity ­
  afforded  him  of  coming  to  the  Court  and  proving  his