Rules for the mixed court at Shanghai, instituted April 20, 1869.

Rules for the mixed court at Shanghai, instituted April 20, 1869.

notification.

The undersigned is instructed by Her Britannic Majesty’s minister plenipotentiary and envoy extraordinary, &c., &c., &c., to declare the following rules for the mixed court to be in force for a period of one year from this date unless otherwise ordered.

An official having the rank of sub-prefect will be deputed to reside within the foreign settlement. He will have a jurisdiction in commercial suits, and in civil and criminal cases, generally, within the foreign settlements. He will have an official residence, and will be furnished with the cangue, the bamboo, and the minor means of punishment. He will provide food and lodging [for prisoners].

He will decide all civil and commercial suits between Chinese residents within the settlements, and also between Chinese and foreign residents in cases where Chinese are defendants, by Chinese law.

He will be authorized to examine Chinese judicially; to detain them in custody, and to punish them by putting them in the cangue, by flogging, and by other minor punishments.

2. Where a foreigner is concerned in a cause to be tried a consul or his deputy shall sit with the sub-prefect at the trial; but where Chinese only are concerned the sub-prefect shall adjudicate independently—the consuls shall not interfere.

3. Where defendant is a native in foreign employ, the sub-prefect will first communicate particulars to the consul (of the nationality concerned), who will be bound to place the parties before the court without attempting to screen or conceal them.

A consul or his deputy may attend the hearing, but he shall not interfere if no foreign interest is involved.

The servants of non-trading consuls shall not be arrested unless with the sanction of their masters.

4. In cases where Chinese subjects are charged with grave offenses, punishable by death and the various degrees of banishment, where by Chinese law a local officer with an independent seal would send up the case for revision by the provincial judge, who would submit it to the high authorities, to be by them referred to His Majesty or the board of punishment, it will still be for the district magistrate of Shanghai to take action.

Inquests, when needed, are to be held by the district magistrate of Shanghai independently of the sub-prefect.

5. A Chinese criminal escaping to the foreign settlements can be summarily arrested by the sub-prefect without warrant from the district magistrate or aid from the municipal police.

6. Suits between natives and foreigners shall be decided equitably and impartially, and in accordance with treaties. The treaty provision is to be followed in cases where the foreigner has a consul.

When the foreigner has no consul, the snb-prefect sitting with a foreign (consular) assessor shall try the case, submitting the decision for the consideration of the Taotai. Should either party to a case be dissatisfied with the sub-prefect’s decision, application for a new trial can be made to the Taotai or to proper consul.

7. Foreigners who may be charged with any offense, if represented by consul on the spot, shall be dealt with by them as the treaties provide. Unrepresented foreign offenders will be tried and sentenced by the sub-prefect, the finding being submitted for the Taotai’s approval, who will consult with some treaty-power consul on the subject. Where the offenders are Chinese the sub-prefect will inflict the proper legal punishment.

8. The necessary staff of translators, linguists, writers, and servants will be engaged by the sub-prefect, as also a foreigner or two for general purposes, by whom also foreign offenders having no consul will be brought to trial or kept in custody when necessary.

All expenses are to be drawn from the Taotai monthly.

Acts of extortion or annoyance on the part of any of the employés shall be severely punished.

9. The sub-prefect shall keep a daily certified record of arrests made and cases tried, giving the names of the parties arrested and recording the grounds of decision in each case. This shall be open to the inspection of the superior authorities. Should the sub-prefect be inefficient or notorious, he will be denounced and removed from office, another being appointed in his place.

10. When the sub-prefect has tried a case, should it be ascertained that plaintiff’s charge was false or exaggerated, said plaintiff, whether native or foreigner, shall on conviction be mulcted by the sub-prefect in accordance with rules which will be jointly drawn up by the sub-prefect and consuls and submitted for the Taotai’s approval, and in the interest of justice native and foreigner must in this respect be treated with perfect impartiality.