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3. EFFECT OF THE ANTI-MANCHU REVOLUTION-
In 1911 the imperial authorities in Shanghai fled from their posts, but before doing so they resigned their control over the Mixed Court to the Consular Body, and from 1911 to 1927 the Court was administered under a new and anomalous system. Chinese magistrates were appointed by the Consular Body and were paid by the Municipal Council. It still continued to be a Chinese Court administering Chinese law. (Vol. I, Part II, p. 173.)
4.
RENDITION OF THE COURT.
a
"The Consular Body consisted of eighteen consuls, each of whom had an equal say in the administration of the Court. Any Consul was entitled to say that the interest of one of his nationals was concerned in any case that came before the Court. His statement to that effect could not be questioned and sufficed to place an assessor of that nationality on the Bench to try the case with the Chinese magistrate. For the consequent failures to obtain impartial justice the foreigners naturally had to bear the blame. Foreign lawyers were admitted to plead in purely Chinese civil cases. This also gave rise to a great deal of discontent. The arrangement in 1911, by which the Consular Body had taken control of the Court had been understood to be a purely temporary arrangement which would come to an end on the restoration of normal conditions. An insistent demand arose for the return of the Mixed Court to Chinese control. The question, how- ever, had become mixed up with some other Shanghai questions. . . . and for several years no progress in any direction could be made. Eventually, however, under the leadership of the British Consul-General at Shanghai, the question of the Mixed Court was dissociated from other questions, a rendition agreement was negotiated and the Court was returned to Chinese control on 1st January, 1927. Under this agreement the old Mixed Court and the Rules of 1869 finally disappeared and in its place was established a Provisional Court." (Vol. I, Part II, p. 173.)
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5. THE PRESENT RÉGIME.
The Provisional Court was superseded, in the terms of an agreement concluded on February 17th, 1930, by the Courts referred to in the text (section III (B)). In accord- ance with this agreement (see Vol. I, Part II, pp. 196-201)
(a) the practice of Consular deputies or officials appearing to watch proceedings or to sit jointly has been discontinued.
(b) "Foreign lawyers are admitted to practise in all cases in which a foreigner is a party, provided such foreign lawyer can only represent the foreign party concerned. The Municipal Council may also be represented by duly qualified lawyers, Chinese or foreign, in any proceedings in which the Council is complainant or plaintiff or the Municipal Police is the prosecutor. In other cases or proceedings in which the Council considers the interests of the Settlement to be involved it may be represented by a duly qualified lawyer, Chinese or foreign, who may submit to the Court his views in writing during the pro- ceedings and who may if he deems necessary file a petition in intervention in accordance with the provisions of the Code of Civil Procedure." (Vol. I, Part II, pp. 197-8.)
(c) "It is understood that as far as practicable Chinese shall be recommended by the Municipal Council to serve as officers and members of the judicial police of the Courts established under the present agreement." (Vol. I, Part II, p. 199.)
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