Directory_and_Chronicle_1923 — Page 423

RULES OF THE SHANGHAI MIXED COURT

The following Provisional Rules for defining the respective jurisdictions of the Mixed Courts of the International and French Settlement adopted by the Consular Body of Shanghai, 10th June, 1902, for reference to the Diplomatic Body at Peking were approved by the Diplomatic Body at Peking on 28th June, 1902.

1.—In all civil cases between Chinese the plaintiff will follow the defendant, and will sue him before the Mixed Court of his, the defendant's, residence.

2. In all criminal cases where foreigners are not concerned and in all police cases against Chinese residents in the Settlements the Mixed Court of the Settlements in which the crime of contravention has been committed is alone competent.

N.B.-The above two clauses include clauses where the defendant or accused is in the employ of a foreigner, the countersignature of the Consular representative of the national concerned being as heretofore to be obtained,

3.-In Mixed Civil cases-

(a)—If the plaintiff is a foreigner-not of French nationality-and the Chinese defendant is a resident of the International Settlement, he is to be sued before the Mixed Court of the International Settlement.

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(b) If the plaintiff is French and the Chinese defendant is a resident of the French Settlement, he is to be sued before the Mixed Court of the French Settlement. (c)-If the plaintiff is a foreigner-not of French nationality-and the Chinese defendant is a resident of the French Settlement, the latter shall be sued before the Mixed Court of the International Settlement, whose warrant or summons for his appearance after countersignature by the French Consul-General will be executed or served by the runners of the International Mixed Court with the assistance of the Police of the French Settlement, without previous hearing in the Mixed Court of the French Settlement.

(d)-If the plaintiff is French and the Chinese defendant is a resident of the International Settlement the latter shall be sued before the Mixed Court of the French Settlement, whose warrant or summons for his appearance after countersignature by the Senior Consul will be executed or served by the runners of the French Mixed Court with the assistance of the Police of the International Settlement, without previous bearing in the Mixed Court of the International Settlement.

4.-In criminal cases where a foreigner-not of French nationality-is complainant the Mixed Court of the International Settlement is competent; if a Frenchman is the complainant the Mixed Court of the French Settlement is competent.

The provisions under Clause 3, c and d, as to executing warrants, also apply under

this clause.

This does not affect or change in any way the present system whereby all warrants of the Mixed Court of the International Settlement are to be countersigned by the Senior Consul before their execution by the yamen runners with the assistance of the Police

JOHN GOODNOW,

Senior Consul.