April 22, 1899.]
CHINA OVERLAND TRADE REPORT. bers. A sub-district court is to be presided over by the chairman of the sub-district committee or such other officer as the Governor may ap- point to act as president, and such president is to be assisted by the members of the sub district committee or by a quorom thereof con- sisting of not less than two of such mem- A district court is to be a court of appeal from any sub-district court situated within its district. In cases how. ever, which do not fall within the jurisdic tion of any sub-district court, the district court which possesses jurisdiction is to be a court of first instance. Clause 12 pro- vides that "The decision of any such court shall be determined by a majority of the members, but in case of an equality of votes the president shall have a casting vote in addition to his original vote." Clanse 13 provides for the extent of the jurisdiction | which is to be exercised by these village tri- bunals. Honourable members will see that they have power to deal with all civil cases in which the debt, damage, or demand does not exceed $100 in value, and with criminal cases, such as petty assaults and petty thefts, which can be adequately punished with a fine not exceeding $10, or imprisonment for a month with hard labour, and with cases of malicious injury to pro- perty or boundaries where the damage does not exceed $20. Honourable members will see from the last paragraph of the clause that "it shall be lawful for the Attorney-General, in any case, to stop the hearing or further hearing of such case before a district or sub-district court, and to direct it to be tried by any other civil or criminal Court having jurisdiction." Clause 14 provides for the punishment which may be inflicted by any distriot or sub-district court. It is given power to impose a fine not exceeding $10, "and in case of a continued breach of any rule such court may impose a further fine not exceeding ten dollars for each day such breach is continued after notice to the offender. Every such court shall also have power to sentence the offender in default of payment of any fine imposed under this Ordin- ance to imprisonment with hard labour for any period not exceeding one month. Every such court shall also have power in lieu of inflicting imprisonment to punish any person convicted before it of any offence with one flogging not exceeding twelve strokes at any one time, and every such flogging shall be reported to the Colonial Secretary and shall be carried out in such manner as the Governor may direct." Clause 15 explains what is meant by hard labour, and gives the Governor-in-Council power to make rules as to the diet and treatment of prisoners. Clause 16 provides that "No person having any pecuniary interest in the subject matter of the litigation shall take part in the adjudication of any civil or criminal case." Clause 17 provides for punishment by the Court in any case “falsely and maliciously or upon frivolous or vexations gounds instituted therein," and clause 18 provides a punishment for perjury. Clause 19 deals purely with the question of routine and procedure to be observed. I need not make any observations upon it. Clause 20 is a somewhat important clause, because it confers upon the magistrate, in addition to his ordinary jurisdiction, power "to inquire into, try and determine or commit for trial any case which any district or sub-district court may deal with, and he may withdraw any case which is being investigated by any such court from such court and may himself inquire into and deal with such case." Clause 21 gives the Governor- in-Council power to make rules with regard to the forms of procedure, and it will be observed by honourable members that such procedure is to be free from formality and that in a village court no barrister, proctor, attorney, or solicitor, shall be permitted to appear on behalf of any party. from clause 11 that the Governor-in-Council Clause 22 provides that "If in the course of any may establish local tribunals in any districts or trial before any district or sub-district court sub-districts brought under the operation of it shall appear that the case under trial is, from this Ordinance with such jurisdiction as is its nature or magnitude, beyond the jurisdio hereinafter set forth. Such tribunals are to be tion of such court, the president shall forthwith called district courts or sub-district courts as stop the trial, and order that the case be trans- the case may be. A district court is to be preferred to the magistrate or proper court having sided over by the chairman of the district com jurisdiction to try the same.' Clause 23 pro- mittee or such other officer as the Governor vides that the president of every district or may appoint to act as president, and such sub-district court shall make a report weekly as president is to be assisted by the members of to all cases tried before such tribunal to the the district committee or by a quorum thereof Colonial Secretary. Becords of all proceedings consisting of not less than three of such mem- shall be open at all times to the inspection of
districts and sub-districts in the new territory -that is to say, it gives him power to divide the new territory or any part of it into suitable districts or sub-districts. Honourable members will further observe that by sub-section two of section three the Governor has power at any time to exempt from the operation of the Ordin- ance any district or sub-district which has pre-bers. vionsly been brought within the provisions of the Ordinance. It seems to me that that is a very useful power indeed and a very necessary power, because it may of course turn out on fur- ther experience to be a mistake to confer any of these powers on the inhabitants of a particular dis triot or sub-district. With regard to part three of the Bill-sections four, five, and six-section four says:-"It shall be lawful for the Gover- nor to appoint from time to time for each sub- district such persons as he may think fit to form a committee for such sub-district, and also to appoint for each district such members of the sub-district committees or such other persons as he may think fit to form a committee for such district." Part four gives the Go- vernor-in-Council power from time to time to "make such rules as he may deem expedient for the maintenance of the peace, good order, health, and cleanliness of, and for the further ance of the good government and well-being of the territory to which this Ordinance ap- plies, and for the making, improvement, or maintenance, in such territory or the waters thereof, of any roads, paths, harbours, piers, wharves, landing places, or beacons, and enaots that he may by such rules impose penalties not exceeding in each case ten dollars for any breach of any such rule and in the case of a continued breach additional penalties not exceeding ten dollars a day." That, I think honourable members will agree with me, is a very necessary provision to have in the Bill. It is widely drawn, and I think it includes most matters which ordinarily come within the range of municipal government. Clause eight gives the Governor-in-Council power from time to time to "make such rules as he may deem expedient for the appointment of watchmen in any district or sub-district and for the levying in any district or sub-district of, and the collection, recovery by legal pro- ceedings, and safe custody of, and the keeping of accounts of such contributions as may be required for the payment of such watch men and for other purposes connected with the due observance and enforcement of any rules made under this Ordinance." I have been given to understand that it is the custom amongst the inhabitants of China for contributions to be paid by the inhabitants for the purpose of supporting watchmen, and for other village purposes, and therefore this will not involve, so I am given to understand, any new departure, but will be quite in con- sonance with the customs of the Chinese. Honourable members will see from olause ten of the Bill that the duty is thrown upon the district and sub-district committees "to enforce, under the supervision of such officers as the Governor may appoint, and with the assistance of the watchmen and other officers (il any) so directed by the Governor, all rules made under this Ordinance in force in their respective districts or sub-districts." Then I come to part six of the Bill, which is a very important part, be- cause it confers upon local tribunals in districts and sub-districts certain powers. Those powers, as honourable members will see, are of a limited nature, but it is a very important part of the Bill, and I understand that it is usual in China for the heads of a village to exercise at the present moment a jurisdiction similar to that which it is proposed to confer upon them by this Bill, and therefore we shall not be introducing any innovation in this matter. Honourable members will see
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the Colonial Secretary and due provi be made for their safe custody. It also vides that "The Colonial Secretar at any time sit with the president and members of the court and observe proceedings, and shall from dime to time! report on such proceedings to the Governor Part seven deals with the question of Appes and provides that" Any party who is dissatisfeds. with the decision of a sub-district court may appeal to the 'district court of the disfrist which such sub-district is included, and any party dissatisfied with the decision of a distsio court may appeal to a magistrate from such decision, provided he gives notice to the magia- trate within fifteen days from the date of such decision (or within such further time, if any,' the magistrate may allow), of his intention to appeal. An appeal shall fie from the trate to the Governor by way of petition: presented to the Colonial Secretary within teen days from the date of the decision appealed from." Part eight contains certain misoal - laneous clauses. Clause 25 gives the Governor power to dismiss any president or chairman or. other member of a committee who appears to him to be unworthy of the position and to substitute. another president, chairman, or member in hist stead. Clause 26 provides that "It shall be competent for any district or sub-district court to direct such portion of any fine as shall deem fit to be paid to the person injured, or aggrieved by the act or omission in respect. of which such penalty has been imposed,” and the same clause provides for the manner in which the fines are to be appropriated. Clause 27 directs that watchmen and police officers are to assist in carrying out this Ordinance... Clause 28 deals with punishment for bribery, and olauss 29 provides for the levying of contribu. tions on the inhabitants in cases where extre orime requires the provision of extra police in 1 their district. With these remarks I beg to move the second reading of the Bill.'
The COLONIAL TREASURER SOConded, and then motion was carried.
The Council then went into the Committesy: to consider the Bill clause by clause.
The Hon. T. H. WHITEHEAD said-With regard to the question of appeal the Secretary advend of State writes, "An appeal should lie to the itinerant Magistrate from the village tribunals, and from him to the Governor, this latter course being in my opinion preferable to an peal to the Supreme Court" Perhaps learned Attorney-General would explain why is preferable to have an appeal to the Governor instead of to the Supreme Court ?
the
His EXCELLENCY-I think the real resson is that these courts are what we may call rough and ready courts to suit the con- dition of these people, and I think the Ides is to save the people from the expense which they would inour by appealing to the Supreme Court...
On the Council resuming the standing orders were suspended on the motion of the ACTINGHAU ATTORNEY-GENERAL, seconded by the COLON," UN PANÁ IAL TREASURER, to enable the Bill to be read, Du afT a third time.
On the motion of the ACTING ATTORNEY, (devi GENERAL seconded by the COLONIAL, TREXIMUM ĐA SUEER, the Bill was read a third time and majes passed.
THE BETTER REGULATION OF THE
TERRITORIES.
On the motion of the ACTING ATTORNEY. GENERAL, seconded by the COLONIAL TREA- SUREE, the first reading of a Bill entitled in Ordinance to provide for the Better Regulation of the New Territories was passed...
On the motion of the AorING ATTORNEE: GENERAL, Beoonded by the COLONIAL TRHA- SUREE, the standing orders were suspended to, enable the Bill to pass through its, vaZIONE stages at that sitting of the Council.
The ACTING ATTORNEY-GEYRBAL, În pro-v posing the second reading, mid--As honourable members will see, the object of this Bill” is to give the Governor-in-Connell power to a rules for the raising of revenue in the territory, and as I explained to bo members when the Bill to exempt the ritory from certain laws in force in was before us, the incidence of taxatio sources of revenue in the new territo ferent from the sources of reven this colony. Moreover, as Ipal:
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