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authorities, and only after they shall have conferred together and given their consent may the work of building commence. No gunpowder nor any other explosive dangerous to life and property, nor any substance injurious to the health of the community, may be stored, carried secretly, manufactured, or shipped. Any disobedience, upon its discovery, will be punished according to the laws of the country concerned.
(a) Leaseholders will be permitted to build at their pleasure storied buildings or one-storied godowns, except that they must send the plans of such buildings to the bureau of works for inspection to determine whether or not they may be of such a character as to prejudice the general welfare and whether the materials are of sufficient strength. Should they be objectionable in regard to the matters mentioned, the bureau of works will consider and require such changes as may be necessary, and the leaseholder must comply.
(b) When the leaseholder submits the plans of his building the bureau of works must give it prompt consideration, so that the work may be begun.
(c) After work has been commenced, the bureau of works will depute some one from time to time to visit the place where the work is being done to inspect it, and, if anything is found to be unsatisfactory, there should be mutual consultation to secure an amicable adjustment.
(d) When a leaseholder is building a house, the earth required for filling in the foundation must be brought from a distance; he must not obtain it by making excavations within the limits of the settlement.
(e) Anyone building a new house within the limits of the settlement, or remodeling an old one, must first construct drains to carry off foul water, one or more as may be necessary, and such drains must connect with those constructed by the bureau of works, so that the accumulations of water may be drained off.
(f) As to the method of building the drain, the materials of which it is to be constructed, its size, the distance below the surface of the ground at which it will be laid, and the grade, as well as how it shall be connected with the large drain, the lease-holder must comply in every respect with the orders of the bureau of works.
(g) The bureau of works may from time to time establish regulations with regard to the safety of buildings, the cleaning of drains, and the prompt removal of offensive garbage from any premises, and every leaseholder must comply therewith so as to preserve good health.
(h) Any leaseholder who undertakes any work of repair or construction requiring the disturbance of the soil or affecting the public interest must first obtain a permit from the bureau of public works.
(i) If it should be necessary to use gunpowder or other explosive in the work to be done, it will be necessary first to lay the matter before the superintendent and request his instructions. In the case of a foreigner he must make application through his nearest consular officer, who will send a dispatch to the superintendent. The latter will notify the chief administrative office of the international settlement, when only permission may be given, on condition that a safe place be selected to store the explosive and that it be speedily used. No one will be allowed to keep such explosives or employ them at his pleasure, or to make a long delay in using them. Should there be any disobedience the superintendent will appoint an officer, due notice being given to any consul concerned, to destroy the said explosives or to remove them to a place outside the settlement, so as to preserve the safety of the settlement.
(j) As kerosene is a very inflammable article, it must be treated according to the regulations generally adopted at all ports. No one will be permitted to store it at his own pleasure.
8. As merchants of various nationalities will reside in the international settlement, the Chinese local authorities must give them due protection according to the treaties.
With respect to public works and police matters, the superiutendent will consult with the chief administrative office of the settlement and establish a bureau, which will appoint officers to take charge of them.
As to the regulations with regard to the establishment of customs, the superintendent will at a future date investigate the conditions, and, as occasion may require, will consult with the commissioner of customs and deal with the matter. For the construction of roads, the support of police, the lighting, sweeping, and sprinkling of streets, the construction of sewers, China will at first appropriate the money herself; but fees for licenses, the police tax, house
tax, shop tax, hong tax, the vehicle tax, are all such taxes as ought to be collected in international settlements, and although for the time being, on the first opening of the port, they will not be collected, the superintendent and the chief administrative office of the settlement will hereafter, as occasion may arise, take the matter into consideration and deal with it.
9. If any (public) work of a special character should be undertaken in the international settlement, or a public garden should be made, the cost of the same must be levied pro rata on the leaseholders. All (such) matters shall be dealt with by three parties acting in conjunction : (1) The superintendent and the chief administrative office, (2) the consuls of the various powers, and (3) one Chinese and one foreign representative chosen by the leaseholders.
10. A port of international trade having been opened outside the city of Chinan, within the boundaries of said settlement, foreign merchants may pass to and fro as they please, bring their families and reside and do business there, but all places inside or outside the city, including such as are adjacent to the settlement, must be considered as under the inland regulations, so that a clear distinction may be made. If in the future the trade of the place should become so flourishing that the limits of the settlement should be too confined for the purposes of trade and residence an investigation of the facts may be made and the matter of extendi the settlement be taken into consideration.
11. In the future a convenient place near the settlement will be selected for the establishment of a foreign cemetery in which foreign residents may bury their dead. Chinese officials must make earnest efforts to have all Chinese graves within the boundaries of the settlement removed, but, if this should really be ditficult, the bureau of works may investigate the facts and may permit the family concerned to build a wall around them and cut them off, but no more burials must be made in such plots. Should foreigners in their excavations in the settlement for the construction of foundations or drains happen upon human bones, they should at once report to the bureau of works, which will take steps to have them properly buried. They must not be lightly thrown away.
12. The postal and telegraph services are under the jurisdiction of China, and such services within the international settlement must be established by China ; no other country may establish then. This is to be clearly understood. As to telephones, electric lighting, water works, etc., Chinese merchants will be invited to undertake them; foreigners must not interest themselves in them.
13. The two branch ports, Wei Hsien and Chou Ts'un will also be administered according to these regulations, and all matters pertaining to them will be under the jurisdiction of China.
14. The above regulations and the separate regulations adopted for the control of police affairs, although put into operation experimentally for the time being, must all be subscribed to by all persons who desire to lease land, in token of their willingness to comply with the same, and without this no lease may be granted.
15. Matters of subordinate importance and such as are not referred to in these regulations may be dealt with from time to time by the addition of new regulations or the amendment of these.
[Inclosure 3-Translation. ]
POLICE REGULATIONS FOR THE PORT OF CHI-NAN-FU.
I. In the commercial port west of Chinanfu, outside the walls of the city, there shall be established a bureau of police for the protection of merchants and other citizens and the affairs. It shall be under the joint direction of the superintendent and the general managing board of the port. (Same as chief administrative oflice in foregoing regulations.)
II. There shall be one chief of police at the head of this bureau. If he does not thoroughly and conscientiously perform his duties, or if in the performance thereof he deserves special praise or commendation, it shall be the duty of the general managing board and the superintendent to jointly consider and deal with the matter.
III. The bureau of police shall establish a hall for deliberation, and a jail. IV. The superintendent and the general board shall decide upon the number of policemen to be employed and shall select and appoint them. The bureau
of police shall petition for permission to deal with all matters relating to the matter of patrolling and making arrests; the clothes to be worn by the policemen and the weapons to be carried; also the monthly remuneration for them in the form of money and food; and later on all matters relating to promotion, degradation, and dismissal. The above-mentioned policemen, when once employed by the bureau of police, shall always respectfully act in accordance with the directions of the chief in all matters relating to the day and night turn of duty, the search for and arrest of bandits, the prohibition of gambling, fighting, speeding horses, firing guns, raising a hubbub on the streets, throwing bricks, stones, or other missiles without cause, etc., and the disobedience of the reguiations for wheeled vehicles. If anything out of the ordinary is met with, the policeman should report it at once to the bureau that it may be investigated. All policemen must live and take their meals at the station. They will not be allowed to live or take their meals elsewhere, to go away any time they please, to take bribes, to make arrests or release people on their own authority, to buy things by force, to extort money, or to use their position to impose upon people. If perchance anyone disobeys this rule, or if anyone is accused by a merchant or other citizen of having done so, the chief of police shall make a thorough investigation of the case and punish the offender to the full extent of the law. Furthermore, everyone in the employ of the bureau of police, including the chief, the assistants, the policemen, and runners, shall be allowed to do nothing but attend to his own particular share of the public business; he shall not be permitted, either, to go into any kind of business enterprise.
(b) When any new regulations shall have been issued which people have not been able to become thoroughly acquainted with, it shall be the duty of the police to make it known to the people in plain words—they must not act forcibly.
(c) Policemen shall enforce all prohibitions which are necessary, and if there are some places where the regulations are not complete, it shall be the duty of the chief to weigh the conditions and instruct his men as soon as possible.
V. The fundamental reason for the establishment of a police department is to protect the port and keep the peace, and any Chinese or foreign merchant who does not observe in any particular the regulations which it is necessary to make will, upon discovery by the police, be reported immediately to the bureau, and his case will be investigated and dealt with. When an officer of police is deputed by his superior to make an inquiry into any matter, no one is permitted to disregard him or obstruct his work.
(b) It shall be necessary to obtain permits to open any Chinese inn, saloon, restaurant, theater (large or small), tobacco or tea shop; and policemen on duty must be allowed to enter such places at any time to see that none of the regulations of the port are being broken.
(c) If there be any smelting or refining plants erected, or any candle or soap factories (in fact, any industry established which should be forbidden or restricted as to the siz etc.), or if anything be started which is detrimental or dangerous to the life or energies of man, whether it be owned by a Chinese or a foreigner, it shall be the duty of the police to make a detailed investigation of the matter and report to the bureau of police, that the proper prohibitions or restrictions may be made. Then, if these are disobeyed, the offender will both be punished by such a fine as is imposed at the various other ports and will also be allowed a certain number of days in which to leave the concession.
(d) Policemen may at any time arrest persons for any of the following offenses: Murder, housebreaking, plundering, wounding a man with a knife or other deadly weapon, rape, blocking the road by night, cutting purses (picking pockets) by night or day, counterfeiting coins, deceiving or defrauding people under a false name, etc. If, while in the act of arresting a criminal, the offender escapes by entering and concealing himself in someone's house, the policeman many enter the house in pursuit. If the door is locked the policeman, on stating the case clearly, may enter the door and arrest his man, but this only holds in important cases, and extra care must be taken in the exercise of the privilege. If the matter is not an important one it should be reported to the bureau for action. If a policeman heirs fighting going on behind closed doors and fears that it is a matter which concerns life and death, he may break down the door and enter. If a thief forces open a door, and after entering closes it tight again so that the policeman has no means of entry, then, also, may the policeman break down the door and enter. If a policeman sees a man of suspicious appearance and movements who looks as though he were about to commit some evil deed or had already committed one, he may place him
under arrest. Policemen shall at once arrest any violently intoxicated people, armed disturbers of the peace, bearers of burglar's tools or concealed firearms, knives, etc. If a policeman meet a man in the night who has (evidently) committed some crime he shall arrest the man at once. Also, if a man be going along carrying a bundle, the policeman shall ask him what is in the bundle, where he came from, and where he is going; if evasive answers are given to these questions he shall be arrested. This does not apply to the daytime, how
If, perchance, the bearer of a bundle has been guilty of a previous crime, then the same action may be taken in his case. If anyone go up to a policeman and say that he suspects so and so to be guilty of a certain crime, then the policeman must go with the informer to the police station to make a clear statement of the case, after which the policeman may place the suspected man under arrest.
(e) Policemen shall arrest anyone they see defacing or otherwise damaging the street signs, numbers on the houses, street lamps, or lamp posts; also anyone putting out the lights at night without authority; tearing down “for rent” signs on houses or lands; defacing or maltreating doors, walls, balustrades, trees along the streets, or paving stones; they shall also arrest burden bearers whom they may see stealing or extracting things from their loads.
(f) If there are any houses being torn down, or any new ones being built, or if there are any pitfalls in the road or any obstruction to traffic, the police must report the matter at once to the bureau for action.
(g) All stores or shops having signs, awnings, etc., must hang them at such a height that the traffic of the street will not be obstructed, i. e., so that they will not interfere with a man walking. Anyone disregarding this provision will be reported by the police to the bureau for action in the matter.
(h) Chair bearers, water carriers, and burden bearers must keep in the middle of the street. Carriages, carts 'rikishas, etc., must keep to the left. Yo old, infirm, filthy, or diseased carters (or rikisha men) will be allowed. It shall be forbidden to overload carts or to use dilapidated vehicles, to stop them so as to block the street, or to drive them at night without a lantern; also to try unbroken horses or to put a sick horse in harness. The police shall arrest all those who disregard this rule and send them to the station to be dealt with.
(i) Families who keep dogs must hang a wooden tag on the necks of the dogs, upon which is clearly written the name and residence of the owner. All domestic animals seen running at large without a keeper will be caught and sent to the station and will be kept there until the owner comes to claim his property.
(j) The refuse matter of each store and residence within the port shall be gathered together every night between the hours of 11 p. m. and 6 a. m. and placed in front of the door of the house, where it can be conveniently taken by a special scavenger, who will cart it away and dump it in a place pointed out for that purpose. Except between these hours it will not be permissible to throw or deposit any refuse matter in the streets.
(k) Large and small privies will be built and no one will be allowed to commit a nuisance on the streets or alleys. VI. The bureau of police shall establish a court room for hearing and deciding
It shall be under the jurisdiction of a special deputy appointed by the superintendent. All minor cases that come up within the limits of the port, such as fights, petty thefts, disobedience of the rules of the port, etc., shall be tried by the above-mentioned deputy. Chinese who have not conformed to the rules of the port will be fined and dealt with by him also. In the case of foreigners whose governments have no treaty with China it will be the duty of the deputy to deal with them the same as with Chinese. Cases concerning indebtedness, civil suits, etc., also very important cases, such as involving kidnapping or loss of life, for instance, shall be referred to the district magistrate for Li-ch'eng Hsien for trial. If a foreigner bring a suit against a Chinaman, the local Chinese officials shall try the case, but if a Chinaman brings suit against a foreigner, then the consul for the foreigner's country must be asked to try the case. If the prosecutor is a foreigner, an official of his country may go to the court and act as assessor. If the assessor thinks the case was not carried on satisfactorily, he may discuss and debate the matter thoroughly in all its details with the judge, that there may be no favoritism shown on either side, but as to the decision of the case this rests with the judge alone. Foreigners whose governments have no treaties with China and who consequently have no consuls to protect them will, if they have broken the laws or been sued, be judged by the proper local officials.
(b) A detailed monthly report of the business of the court shall be given to the superintendent for his examination.
(c) At the end of each month the investigations, decisions, and sentences of the court, together with the reasons for the action taken in all cases dealt with during the month, shall be copied out and hung before the door for the general information of the public.
(d) The officials of Lich'eng Hsien shall copy out a memorandum of all the cases dealt with by them in connection with the commercial port, including what action was taken. This to be a monthly report to be sent to the bureau of police, where it will be hung up.
(e) If the local authorities wish to arrest anyone within the limits of the port, they must ask the bureau of police to send one or more of its own men to assist in the arrest. Likewise, if the bureau of police wishes to arrest anyone outside the limits of the port, they must ask the local officials to send one or more of their police to assist.
(f) When actually in pursuit of a criminal, however, no matter whether he is escaping from outside into the limits of the port or vice versa the pursuers need not stop at the boundary, but may continue the pursuit. But persons arrested outside the settlement must be turned over to the local officials for keeping, and those arrested inside the settlement must be turned over to the bureau of police. Afterwards it will be decided whether the prisoner's offense is heavy or light, and whether the local officials or the court shall have charge of his trial and punishment.
VII. When it is desired to summon a foreigner to court, the chief of police shall communicate with the foreigner's consul, who will issue a summons to bring the man to court. When it is desired to summon a foreigner who has no consul, or a Chinese merchant who has overstepped the law, the bureau of police may issue the summons. If a reputable citizen of means points out a man as a transgressor of the law, the police shall arrest him at once, even without a warrant. Likewise, if a policeman sees a criminal act committed, or knows a man to have committed one, he shall arrest him at once, even without a warrant, and send him to the station, where his case may be inquired nto. This is done to prevent men from dodging around and secretly making their escape. Suspicious characters and men carrying forbidden articles concealed on their persons will be arrested and dealt with as is done in other ports. If upon investigation a man's offense is found to be light, and he wishes to be admitted to bail, the bureau may consider the matter and release the man temporarily; then, if he presents himself at the court at the time of trial, the amount of the bail shall be refunded to him; but if not, then the amount of his bail shall revert to the state as a fine. If a man who could be admitted to bail finds that he can not furnish the money at the time, he may be allowed to ask someone to guarantee him, but the guarantor must leave a written statement for reference.
(a) Anyone who has been arrested by the police must be sent to the court room for trial within twenty-four hours from the time of his arrest. If for any reason this can not be done, the limit may be extended a little, but the reason for the extension must be clearly stated; the police may not arbitrarily prolong the detention.
(c) Policemen shall not illtreat prisoners in any way while under arrest before trial. Disobedience will be severely punished.
(d) Policemen are altogether prohibited from illicitly beating, confining, or discharging prisoners. Offenders of this rule will be severely punished.
(e) When a man is arrested by the police he should be searched to see that he carries no forbidden articles on his person, and care should be taken to guard against his throwing any such articles away. If anything of the kind should be found on him it should be taken away. Whatever a man says at the time of the arrest and whatever he has on his person should be carefully noted. When two men together have committed any crime they shall not, at the time of their arrest, or when being sent to the station, be allowed to have any private conversation with each other.
(f) Anyone who resists an officer or attempts to rescue an arrested man shall be liable to arrest, and the same applies to anyone who interferes with an officer in the performance of his duty. If anyone draws a weapon in a quarrel he shall be arrested immediately, and the weapon shall be brought in as evidence at the trial.
VIII. If any foreign consul wishes to arrest one of his nationals he may, whether the man be on a boat or on land, write and request the chief of police