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difficulty in countersigning the agreement between Messrs. S. MacGregor and the railway administration.
Believe me, &c.
Enclosure 2 in No. 1.
Nate of Promise.
WE, undersigned
J. KOROSTOVETZ.
[Date.]
give the present note of promise to the administration of the Chinese Eastern Railway Company that :—
1. We,
took on lease from the administration of the Chinese Eastern Railway a lot of land, belonging to the above mentioned railway, of square sajene, located at the Shouanchanpou station, along the military platform at the place indicated on the plan of the above mentioned station annexed to the present note of promise. The destination of this lot of land is to erect buildings for the storage of grain produces destined for exportation abroad through Vladivostok.
2. The term of lease of above said lot of land is one year, ie., from 19 to 19 3. The rent is
for each square sajene, and for the whole lot roubles in one year, which sum must be fully paid ou the signature of the present note of promise.
4. On the above stated lot of land we have the right to build accordingly, to the plans confirmed by the administration of the Chinese Eastern Railway Company, premises for the storage of grain produces and necessary houses for the administration of the said firm; we have also the right to build an enclosure round the leased land. These buildings excepted, we have no right to erect others without the consent of the railway administration. At the end of the lease we,
, engage ourselves to pull down, within the term of a month, all the buildings erected by us, otherwise these buildings become the property of the railway administration.
5. We,
have no right to cede the leased land to any other person without a written permission of the railway administration.
6. We,
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have no right to oppose the putting through our lot
of land of railway, water, and canalisation pipes, as well as the hanging on posts of electric conduits.
7. We,
have the right to use, without any payment, the shunt, near which is situated the lot of land, as well as the former military platform, under the condition that this platform will be kept
in full order, and that the railway administration has the right to use this platform for its needs, as well as to grant this right to other exporters. In case if the railway administration or the military authorities request us,
to clear the platform, we engage ourselves to
do so without delay.
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8. For the hire and moving of railway carriages to the godowns near the shunt,
engage ourselves to pay the Chinese Eastern Railway Company roubles for each carriage.
we,
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9. We,
engage ourselves to submit to all police, sanitary, building, trade, industrial and other regulations which exist now and will be issued by the railway administration, as well as to pay different taxes and assessments which exist or will be fixed upon in the territory belonging to the Chinese Eastern Railway Company. As a guarantee of our obligations mentioned in this clause, this note of promise must be certified and approved by the British cousul.
10. In case of non-fulfilment by us,
of the conditions of this note
of promise, the latter ceases to be valid, and the land leased is taken away from us,
the buildings become the property of the railway, and the rent paid by us will not be returned to us.
11. All the disputes resulting from this agreement are subject to the examination
of our nearest consular representative.
My dear Colleague,
Enclosure 3 in No. 1.
Sir J. Jordan to M. Korostovetz,
January 10, 1910.
I BEG to acknowledge the receipt of your letter of the 6th instant, and to thank you for the information from General Horvat which you so kindly gave me in regard to the case of Messrs. MacGregor and Co.
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The terms of the note of promise which you enclose appear to me to be a great improvement upon those of the one I forwarded to you, and the stipulation in the last clause, which provides for the reference of disputes to the nearest consular representative, is a distinct step towards an understanding on this difficult question.
As, however, the Russian and Chinese authorities undertook by the preliminary agreement of May last to draw up detailed municipal regulations, and His Majesty's Government are awaiting, as stated in their memorandum of the 22nd October last, for the conclusion of the negotiations pending between the Imperial Government and China before coming to a decision on the question, it will be advisable, I think, to defer formal consideration of the note of promise for the present.
With the view, however, of meeting the exigencies of the situation as far as possible, I propose to authorise His Majesty's consular representatives to witness the signature of any British subject who may subscribe to the note of promise, and I trust that this procedure, which has, I understand, been adopted in the case of other nationalities, will be accepted by General Horvat pending the solution of the question.
I avail, &c.
J. N. JORDAN.
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