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France, Russia and the North German Confederation, on September 24th, 1869. (Vol. I, Part II, pp. 30, 54, 57
"It was contemplated by the foreign community that the assent of the Chinese Government would be obtained to the proposed Regulations. In fact, however, the Foreign Ministers, having provisionally agreed to them, sanctioned their immediate application on their own authority without submitting them to the Chinese Govern- ment at Peking and no consultation with regard to them appears to have taken place between the Consular Body and the Taotai in Shanghai, though they were formally communicated to the latter after the approval of the Foreign Ministers had been obtained. ... The Chinese magistrate of the Mixed Court, which had jurisdiction over Chinese in the Settlement, apparently showed no hesitation in enforcing the Land Regulations in cases in which the Chinese were concerned.... A formal judg- ment in which the opinion was expressed that all the Chinese who obtain permission to reside in the Settle- ment do so under the understanding that they are amen- able to all the Municipal regulations in force'
was de- livered in the Mixed Court in 1877," (Vol. I, Part II, pp. 58-9.)
5. In 1899 a further set of Regulations (i.e., the 1869 Regulations plus certain changes of practical import- ance but limited in scope) came into force with the approval of the Chinese authorities. "Whatever doubts may have existed prior to 1899 as to the validity of the 1869 Regulations, owing to their lack of sanction by officials of the Chinese Government, no room for such doubts remained after the.... acceptance by the Taotai in 1899 of all existing Regulations." (Vol. 1, Part II, p. 61.) Minor changes were made in 1906 and in 1918 but
the present Regulations, with the exception of a few minor amendments which do not affect the municipal constitution itself, are the Regulations passed by the rate- payers in 1866 and approved by the Ministers in Peking in 1869." (Ibid p. 61,)
NOTE. It was in this year, 1899, that the Settlement (extended to 470 acres in 1848, and to 1,309 acres by the inclusion of the American area in 1863) was extended to its present area of 5,583 acres.
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Appendix II. THE MIXED COURT,
1. ORIGIN.
"There was at first no Chinese Court in the Settle- ment. The jurisdiction over the large Chinese population was only exercisable by the Chinese Magistrate's Court in the City. So long as all power of punishment of Chinese offenders arrested for crimes in the Settlement remained in the hands of this outside authority, the Municipal Police were faced with a hopeless task owing to difficulties in regard to the bringing of evidence, interminable delays and the trouble of squeeze." (Vol. I, Part II, p. 99.)
NOTE. The influx of Chinese into the Settlement began during the Taiping Rebellion.
Eventually Sir Harry Parkes, who for a short time was Consul in Shanghai, was able to persuade the Chinese authorities to establish a Court in the Settlement for the trial of Chinese offenders and for the hearing of suits in which a foreigner was plaintiff. Thus was the Mixed Court established in the year 1864. (Ibid p. 100.)
2. THE COURT DOWN TO THE ANTI-MANCHU
REVOLUTION OF 1911.
In 1869 rules were agreed upon for the conduct of the Court. They provided" that the Chinese officer pre- siding over the Court could sit alone where no foreign interest was concerned and that he should have the power of inflicting punishment on prisoners sentenced by him. He had no power to deal with grave offences, which still had to be sent to the Chinese magistrate in the city for trial. In all criminal cases, a foreign assessor sat with the Chinese magistrate and in later years the arrangement was that these assessors were provided by the British, American and German consulates.... By virtue of their training, experience and personality, the assessors gradually acquired great influence and assumed the character rather of co-judges than of assessors. By the end of the 19th Century the Chinese magistrate sat alone only in purely Chinese civil cases." (Vol. I, Part II, p. 172.) The law applied was Chinese.
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