APPENDIX  B  411
be  dismissed  with  costs,  and  that  defendants  may  recover
damages  against  the  plaintiffs  in  the  sum  of  Tls.5,000.
The  facts  in  this  case,  as  established  in  Court,  are  quite  clear.
In  the  spring  of  1902  the  Southern  Methodist  Mission,  through
its  representatives,  the  defendants  in  this  action,  made  known
to  the  proper  local  officials  of  Huchow  their  desire  to  purchase
land  within  the  city  of  Huchow  for  mission  purposes.  These
representatives  desired  to  purchase  land  in  a  certain  portion  of
the  city  and  made  their  desire  known  to  the  aforesaid  officials.
These  officials,  the  Prefect  and  Magistrate,  expressed  the  wish
that  the  defendants  select  another  tract  of  land,  stating  that  the
tract  they  had  chosen  was  wanted  by  the  officials  and  gentry
of  Huchow  on  which  to  build  native  schools.  The  said  officials
then  pointed  out  a  section  of  the  city  known  as  Hai  Tao,  as  being
largely  unoccupied  land,  where  the  defendants  were  at  liberty
to  acquire  as  much  land  as  might  be  needed  for  the  mission.
The  Prefect  went  so  far  as  to  delegate  certain  gentry  to  assist
the  mission  in  obtaining  the  land  from  the  several  owners,  and
in  perfecting  the  titles  thereto.  Proclamations  were  issued  by
the  Magistrate  having  jurisdiction  over  the  land,  announcing  the
fact  that  the  mission  wanted  to  purchase  the  land,  and  calling
upon  the  owners  thereof  to  come  forward  and  negotiate  with
the  defendants  for  the  sale  of  their  various  tracts.  Eventually
a  considerable  tract  of  “  waste  land  ”  was  found  which  had  no
owners.  The  Magistrate  was  informed  of  the  fact,  who  issued  a
proclamation  stating  that  the  mission  desired  to  acquire  this
“  waste  land,”  and  if  there  were  any  owners  thereof  they  should
come  forward.  And  although  these  proclamations  were  posted
for  a  period  of  two  months,  yet  no  one  came  forward  as  owners
of  the  land,  nor  could  any  such  owners  be  found.  Thereupon
the  defendants  purchased  the  land  from  the  Magistrate  himself.
There  was  perfect  satisfaction  on  all  sides  relative  to  this
transaction,  nor  have  the  plaintiffs  attempted  to  show  that  the
Magistrate  exceeded  his  authority  in  thus  disposing  of  “  waste
lands,”  or  that  any  one  objected  to  his  doing  so.  The  Magistrate
gave  defendants  a  proper  receipt  for  the  consideration  of  the
transaction,  and  published  the  facts  relating  to  the  sale  to  the
people  of  Huchow  by  means  of  a  special  proclamation.
The  defendants  having  obtained  all  the  land  desired  for
mission  purposes,  sent  their  title-deeds  to  the  y  amen  to  be
registered  and  stamped.  The  deeds  remained  in  the  y  amen
some  five  months,  when  they  were  returned  to  the  defendants,
having  been  properly  registered  and  stamped.  These  various
transactions  also  received  the  written  approval  of  the  various
authorities  concerned,  including  the  Provincial  Governor.
The  acquisition  of  all  this  land  by  the  defendants  was  not