Page:United States Statutes at Large Volume 47 Part 2.djvu/1128

 2718 Confirmation China. cmNESE COURTS-INTERNATIONAL SETTLEMENT. TM Chinese Minister for Foreign Affairs to Each of the Foreign Signatories SIR, NANKING, February 17, 1930. b,. I have the honour to acknowledge the receipt of your Note referring to the· Agreement which we have signed to-day concerning the establishment of & District Court and a Branch High Court in the International Settlement at Shanghai, in which you request my confirmation of the following points: "1. It is understood that the Courts established under the present Agreement shall exercise jurisdiction over civil and criminal cases as well as police offences and inquests in the International Settlement ·at Shanghai, provided that the Jurisdiction of the said Courts over per- sons shall be the same as that of other Chinese Courts and provided that their territorial jurisdiction shall be the same as that of the Chinese court now functioning in the International Settlement at Shanghai, except (a) mixed criminal cases arising on private for- eign property outside the limits of the Settlement and (b) mixed civil cases arising in areas surrounding the Settlement. "2. It is understood that the present practice regarding the respec- tive jurisdictions of the Chinese court now functioning in the Inter- national Settlement and the Court existing in the French Concession shall be followed, pending a definite arrangement between the Chinese Government and the authorities concerned. "3. It is understood that as far as practicable Chinese shall be recommended by the Municipal Council to serve as officers and mem- bers of the judicial police of the Courts established under the present Agreement. It is further understood that among the officers of the judicial police appointed by the President of the Branch High Court under Article VI of the present Agreement, there will be one to be designated by the Municipal Council, to whom will be allotted by the President an office on the Court premises and who will make an entry of all judicial processes of the Courts, such as summonses, war- rants, orders and judgments, for the purpose of service or execution in accordance with the provisions of the above-mentioned Article. "4. It is understood that the establishment of the Courts provided for in the present Agreement in no way affects the validity of judg- ments rendered by the Chinese court now functioning in the Interna- tional Settlement and its predecessor, and that such judgments shall be considered as final and valid except where an appeal has been lawfully taken or reserved. It is further understood that the judg- ments of the Courts established under the present Agreement shall be on the same footings as regards validity as the judgments of all other Chinese Courts. "5. It is understood that the present Agreement does not in any way affect or prejudice any future negotiations regarding the status of extra-Settlement roads. "6. It is understood that the sum of sixty thousand dollars ($60,000) now on desposit with the Bank of China to the credit of the present Chinese court in the International Settlement shall be main- tained by the Chinese Government to the credit of the new Courts established under the present Agreement.