subsidiary to the foreign imperium already interjected into the Chinese imperium; besides, as Chinese, other than employes of the foreign residents, are not permitted to live on the "concession" of the old type, the cases appearing before such a court are generally only police cases, and defendants in civil suits must ordinarily be sought on Chinese soil.

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Shanghai has a problem all its own. There, living within common municipal limits, and those the limits of the "area reserved for foreign residence and trade," are (in 1905) 12,328 treaty-power foreigners, and 535,500 Chinese, in addition to somewhat over 100,000 Chinese living in the city or its suburbs under purely Chinese jurisdiction; and legal action against one of the half million Chinese is taken before the nineteenth of the courts of competent jurisdiction existing in Shanghai. This mixed court is presided over by an official with the rank of deputy prefect (the present incumbent has lately received the substantive rank of prefect), with two assistant magistrates to relieve him. The foreign assessors are an essential part of this court, and are supplied in rotation by the American, British, and German consulates. When a person of other nationality than that of the sitting assessor appears as plaintiff or is interested in a police case, the case is remanded until an assessor of his own nationality can sit, either (if one of the three) in due rotation or (if of another power) until an assessor can be supplied from his own consulate.

"In criminal cases, in which by Chinese law the death penalty is. or might be, inflicted-such as homicide, rebellion, counterfeiting, rape, etc.-the proceedings take the form of a demand for extradition, and, upon a prima facie case being made out, the defendant is remitted to the custody and judgment of the Shanghai city magistrate (Hsien), who, though of nominally lower rank than the president of the mixed court, is yet an imperial representative, qualified to administer the criminal law of China. In criminal cases of lesser magnitude the judgment is rendered by the president of the court, but subject to the approval of the foreign assessor sitting with him. This course is followed also in police cases for contravention of municipal regulations, but as it is not required that these regulations should have the prior approval of the Chinese authorities, and as occidental and oriental ideas are not always in harmony in such matters as sanitation, nuisances, control of traffic, incidence of license fees, etc., there is here an opening for a judicial review of alien legislation which is not always lost, and it happens occasionally that the opinions of the judge and the assessor do not agree.

"Civil cases in China are commonly settled by gild action and are seldom brought before the official tribunals, but the relative uniformity of justice secured by foreign supervision has caused a greater

resort to the Shanghai mixed court. When the plaintiff is a foreigner, the ordinary course is followed and the approval of the assessor is held necessary to the judgment of the court. Not infrequently it happens that a case with plaintiff and defendant both Chinese becomes a mixed case by the interjection of a foreigner into the plaintiff's claim. The Chinese authorities have always tried to distinguish these pseudoclaims, but it is generally held that on them. lies the onus of proof of noninterest-not any easy thing to prove. These cases then generally follow the usual course, unless it can be definitely proved that the foreign interest was introduced at the eleventh hour in order to divert the course of justice.

"Suits which are admittedly between Chinese on both sides are a bone of contention. One side maintains that, being purely Chinese, they are no concern of the foreign powers and are therefore not subject to the decision of the foreign assessor; the other side holds that every judicial question arising within the "area reserved for foreign residence and trade" concerns the foreign powers, and that the foreign assessor of the day is bound to exercise an oversight. On both sides it is felt, but not generally admitted, that there is some reason in the contention of the other, and the assessor is generally passive unless there are evidences of extortion and flagrant injustice, while the magistrate generally puts himself into agreement with the assessor when a municipal regulation comes into the case, neither being too desirous of crystallising the differences and precipitating a conflict. Occasionally, however, when the incompatibility of view can not be compromised a sharply defined issue is made.

“The Chinese official view is unimpeachable: appeal is made to the letter of the treaty stipulations granting to foreign powers the right of oversight in cases in which a foreign interest is involved, and only in those cases. The foreign official view is equally unimpeachable. When in the years 1853-1864 the Taiping rebels devastated the country for hundreds of miles around Shanghai many thousands of refugees found there under the foreign flags the protection to life denied them under their own flag. In the ten years which elapsed before the restoration of order these thousands were sheltered within the area reserved for foreign residence, from which it would have been inhuman barbarity to expel them; and while there police and sanitary measures were necessarily adopted to protect the foreign residents from them and them from each other. The impetus thus given, Chinese continued to flock to the foreign settlement of Shanghai, within the limits of which there are to-day over half a million. There has thus grown up a foreign interest in real estate valued at over two hundred million taels, and a foreign interest in the maintenance of order and the administration of justice among the half million Chinese living under the same jurisdiction as the for

eign residents; and the foreign official view is that foreign supervision is necessary over foreign and Chinese residents alike in the interest of foreigners; and, further, that two independent police and justiciary administrations cannot be allowed to function within the same area and that if there is to be one administration it shall be the foreign.

“To the ordinary functions of a consul the foreign representative in China adds those of judge, diplomatic agent, civil authority in control of the military, and has a potent voice in municipal administration. The foreign merchant is entirely removed from the jurisdiction of the laws of China and is entitled to the protection-for life, liberty, and property-of his own national laws. The foreign missionary carries the protection of his own flag to the remotest corner of the Empire. All this arises from extraterritoriality." (Morse, H. B., The Trade and Administration of China, p. 200, New York, Longmans, Green & Co., 1913.)

TEXTS OF LEASES OF CHINESE TERRITORY.

TRANSFER OF LEASE OF PORT ARTHUR AND TALIEN BY RUSSIA TO JAPAN (RUSSO-JAPANESE TREATY OF PEACE, SEPT. 5, 1905).

Art. V. The Imperial Russian Government transfer and assign to the Imperial Government of Japan, with the consent of the Government of China, the lease of Port Arthur, Talien and adjacent territory and territorial waters and all rights, privileges, and concessions connected with or forming part of such lease, and they also transfer and assign to the Imperial Government of Japan all public works and properties in the territory affected by the above-mentioned lease. The two high contracting parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing stipu lation.

The Imperial Government of Japan on their part undertake that the proprietary rights of Russian subjects in the territory above referred to shall be perfectly respected.

Art. VI. The Imperial Russian Government engage to transfer and assign to the Imperial Government of Japan, without compensation and with the consent of the Chinese Government, the railway between Chang-chun (Kuan-cheng-tze) and Port Arthur and all its branches, together with all rights, privileges, and properties appertaining thereto in that region, as well as coal mines in the said region belonging to or worked for the benefit of the railway.

The two high contracting parties mutually engage to obtain the consent of the Government of China mentioned in the foregoing stipulation.

Art VII. Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial purposes and in no wise for strategic purposes.

It is understood that that restriction does not apply to the railway in the territory affected by the lease of the Liao-tung Peninsula.

LEASE OF KIAO-CHOU TO GERMANY.

Article 1. His Majesty the Emperor of China, guided by the intention to strengthen the friendly relations between China and Germany, and at the same time to increase the military readiness of the Chinese Empire, engages, while reserving to himself all rights of sovereignty in a zone of 50 kilometers (100 Chinese li) surrounding the Bay of Kiao-chou at high water, to permit the free passage of German troops within this zone at any time, as also to abstain from taking any measures, or issuing any ordinances therein, without the previous consent of the German Government, and especially to place no, obstacle in the way of any regulation of the watercourses which may prove to be necessary. His Majesty the Emperor of China, at the same time, reserves to himself the right to station troops within that zone, in agreement with the German Government, and to take other military measures.

Art. II. With the intention of meeting the legitimate desire of His Majesty the German Emperor, that Germany, like other Powers, should hold a place on the Chinese Coast for the repair and equipment of her ships, for the storage of materials and provisions for the same, and for other arrangements connected therewith, His Majesty the Emperor of China cedes to Germany on lease, provisionally for ninety-nine years, both sides of the entrance to the Bay of Kiao-chou, Germany engages to construct, at a suitable moment, on the territory thus ceded, fortifications for the protection of the buildings to be constructed there and of the entrance to the harbor.

Art. III. In order to avoid the possibility of conflicts, the Imperial Chinese Government will abstain from exercising rights of sovereignty in the ceded territory during the term of the lease and leaves the exercise of the same to Germany within the following limits. (Text given in Millard, T. F., Our Eastern Question, p. 434, New York, The Century Co., 1916.)

CONSENT OF CHINA TO TRANSFER OF LEASE FROM RUSSIA TO JAPAN, DECEMBER 22, 1905.

Article I. The Imperial Chinese Government consent to all the transfers and assignments made by Russia to Japan by Articles V and VI of the Treaty of Peace above mentioned.

Art. II. The Imperial Japanese Government engage that in regard to the leased territory as well as in the matter of railway con

struction and exploitation, they will, so far as circumstances permit, conform to the original agreements concluded between China and Russia. In case any question arises in the future on these subjects, the Japanese Government will decide it in consultation with the Chinese Government. (Text given in Millard, T. F., Our Eastern Question, p. 425, New York, The Century Co., 1916.)

AGREEMENT OF CHINA TO TRANSFER OF GERMAN RIGHTS IN SHANTUNG TO JAPAN, 1915.

Article I. The Chinese Government agrees to give full assent to all matters upon which the Japanese Government may hereafter agree with the German Government relating to the disposition of all rights, interests and concessions which Germany, by virtue of treaties or otherwise, possesses in relation to the Province of Shantung.

Art. II. The Chinese Government agrees that as regards the railway to be built by China herself from Chefoo or Lungkow to connect with the Kiao-chou-Tsinanfu railway, if Germany abandons the privilege of financing the Chefoo-Weihsien line, China will approach Japanese capitalists to negotiate for a loan.

Art. III. The Chinese Government agrees in the interest of trade and for the residence of foreigners to open by China herself as soon as possible certain suitable places in the Province of Shantung as Commercial Ports. (Text given in Millard, T. F., Our Eastern Question, p. 496, New York, The Century Co., 1916.)

TREATY PORTS IN CHINA.

[Quoted from H. B. Morse, The Trade and Administration of China.] "At these ports foreign nations are privileged to establish consulates, foreign merchants are permitted to live and trade, and on the trade at these ports are levied dues and duties according to a tariff settled by both parties by treaty. At some ports are national concessions, as at Tientsin, on which municipal and police administration is under the control of the consul of the lessee power; at others are settlements or "reserved areas for residence," as at Shanghai, with municipal organization, but at which the power which issues the title deeds is China; at others, including most of the newer ports, there is neither concession nor reserved area, excepting “International settlements" established at a few places by the Chinese authorities. At all the treaty ports, however, there is one common right, the privilege of exempting goods by one payment from all further taxation on movement. On a bale of sheetings imported at Shanghai, a treaty port, the importer will pay once duty at the tariff rate; it may then, perhaps a year later, be shipped to Hankow, a