412  APPENDIX  B
accomplished  without  long  delays—something  over  a  years
time  being  required  for  its  completion.  •  The  negotiations  were
carried  on  openly,  and  the  people  of  Huchow  were  made  a^
quainted  with  the  fact  that  the  defendants  were  buying  m e
land,  through  the  medium  of  the  Magistrate’s  proclamations.
this,  the  plaintiffs  have  not  disputed.  Nor  does  the  evidence
show  that  the  people,  or  the  gentry  of  Huchow,  made  or  öftere
any  protest  against  the  acquisition  of  this  land  by  the  mission
until  after  all  the  negotiations  had  been  completed  and  tn e
land  so  purchased  had  been  inclosed  by  the  defendants  with 10
a  wall.  Nor  is  there  any  evidence  to  show  that  in  the  acquisition
of  this  land  the  defendants  deviated,  in  the  least,  either  from
the  letter  or  the  spirit  of  the  provisions  of  the  treaty  between
the  United  States  of  America  and  China  governing  such  matters-As
  to  the  allegation  of  the  plaintiffs  that  a  portion  or  portion
of  the  aforesaid  land  is  Confucian  temple  land,  the  Court  mus
hold  that  it  is  incumbent  upon  the  said  plaintiffs  to  show,  by  *
preponderance  of  evidence,  that  such  is  the  case  ;  but  this  tn
plaintiffs  have  failed  to  do.
The  fact  that  the  ruins  of  what  the  plaintiffs  allege  to  be  thos
of  an  ancient  Confucian  Library  are  characterised  by  numeroU
carvings  of  the  Lotus  flower,  which  is  a  characteristic  emblem
of  Buddhism  and  of  Buddhistic  ornamentation  ;  that  the  sal
ruins,  or  foundation  stones,  are  situated  a  considerable  distance
away,  and  in  another  ward,  or  division  of  the  city,  from  m
group  of  buildings  recognised,  and  confirmed  by  the  officia/  y
written  topographies  of  Huchow,  as  constituting  the  Confirm
temple  property  ;  that  the  defendants  have  produced  doc
mentary  and  other  evidence  showing  that  the  real  site  oft^
ancient  Confucian  Library  (the  Tsen  Ching-ko)  is  not  situate
on  any  land  now  enclosed  by,  or  in  possession  of  the  missi°  &gt;
but  is  entirely  outside  of,  and  is  a  considerable  distance  away
from  the  property  of  the  said  mission,  is  sufficient  evidence
convince  the  Court  that  the  said  Confucian  Library  site  (Ts®
Ching-ko)  is  not  situated  on  the  defendants’  premises,  and  tn
none  of  the  land  now  held  by  the  defendants  is  Confucian  temp
land.  ts
The  plaintiffs  have  endeavored  to  force  upon  the  defendan  ^
the  terms  of  an  agreement  of  compromise,  which  agreement  h a
been  signed  by  certain  representatives  of  the  Southern  Method^
Mission,  whereby  a  portion  of  the  mission’s  land  was  to
turned  out  of  the  defendants’  enclosure.  The  facts  are  that  o
member  of  a  committee  of  three  members,  appointed  by  *
mission  to  deal  with  this  matter,  two  of  whom  are  the  defenda
in  this  action,  signed  this  said  agreement  as  indicating  to
other  two  members  his  opinion  of  the  case,  and  not  in  any  mao