The Archive · 1886

Consular Registration of British

SUBJECTS, A. J, How apponred in answer to a summons charging him for that he, being a resident of Shanghai, did not in the th of January in the present year register himself in H.B.M.'s Cousulate-General of Shanghai, nor did then or si excuse himaclf to the " i Consul-Ger conformity M14 of th and Jepan Order in Council of 1865, The Defendant admitted receipt of the summons His Wonsuie—What do you say to it?

Defendant—I want to know who the protector is, There is no charge against me, What a la. Worst is the officer charged with seeing this duty ful: filled—Mr. Mortimore, who appears for the Consul-General Dofendant—Need not the Cousul-Gen-oval nppoar His Woxsuir—No. Ho can appear by his deputy.

Defondait—Thon I can eond my servant to upbear for me?

Hi You are the for the Consul but I do not sve the Defondant—I shall certainly require his attendance, to answer questions, His Wousurr—Quosti-us Mr, Mortimore cannot anewer Defendaut—Yes.

Thy Consul-General was accordingly sent for.

His Woxsuir—Iu the meantime you plead guilty Dofendaut—No, I dow's plead anything, His Wousutr—You must say yes or no, Dofondant—here {8 no charge againat His Wonsare—Oh yes there is—His Worship read over the charge, as above, Defendaut—Woll, I will reply to that that Thave not complied with the Order in Council; but there are ex! circumstances, w! i proving you are a British subject, and that you azo not registered Mr, Alabaster, Consul-General, here entered the Court.

His Wonsuir (to Mr. Alabaster) ~The defendant wishes to you; but from what it has gone, I do nut that it can be should like to put the Consul-General in the witness-box, please, His Worsuir—Wait a minute. You admit that you are nat registered, and the upon you to show why.

Defeudaut—I cannot, without calling the Consul-General, Mr, ALABASTER—I have no objection, General at Shanghai, was then Defendant—You have been Consul at eral ports in China before being apto Shanghai, Me. Alabaster Have you always collected this poll-tax at the ports at which you have been located 2—Yee And you have always found that it has been paid 7—No. a It has not been paid?—Not invariably.

Do you find it generally looked upon vexatious and obuoxivus tax?—Not generally, no. It has been objected to by some people.

You find it cheerfully paid, on the whole? I have not noticed any particular cheerfulness about it.

1 presume not. And still, notwith standing this, these rates and taxes have always been met?—No, not always. I have heard ight into His Worsuze (to defendant)—Come to the point—why are you not registered here?

Defendant—That is what I am coming to, (Lo witness)—Havo you represented that to the Secretary of State—that the tax is obnoxious and vexatious?

Hie Won, uie—Has he admitted that it Defendant—Ho has admitted that thers has been more or lees trouble and vexation—that it line not been cheerfully paid.

Witness—No, Lhave not, I said some peuple objected.

Defeudant—When were you appointed to this Consulate Witness—Ln Auguat Inat your, Did you find that everybody had paid lust year }—1 did not go into the question.

You di that this very necessary regulation had been carried "out?—No, was late in the year, and I did not yo into the matter.

Why have you delayed it till now Because I have tried to give everybody an opportunity of paying before taking the last resort. a Can you tell me when I was last registered!—I canna Is not that information obtainable Mr, Mortimore can tell yo Mr. Montimoze—Iv 1874—the 22ud Tune.

Defendant—Can you te'l me why thi law has not been enforced against me during all these years {—I cannot, In there any despatch from the Secretary of Star aware that it has fallen into since 18742—It has not abeyance.

Can you tell mo ti imber in 18747—Mr. Mortimore can tell you.

Can you tell me how many ha been registered an fur in 18867—L cai really.

You have no idea!—Not the slighter Dv you know how many Bril subj there are in Shanghai at present time I do not.

on sem to be wanting in information on the topics of the day. Have you submitted to this regulation yourself?—No.

You have nut registered!—No.

Has the Chief Justice registered 1—I do not know; Ido not think so, The Assistant Judge!—No.

The Clerk of the Court?—No.

The Usher?—No.

His Woxsure—If you refer to the Order in Council in question, you will see that it goes on tosay, has not excused himself to the satisfaction of the Consul. if the Consular off themselves I am excused.

Witness—The question of the registration of Consular servants was, 1 belie referred to the Secretary of S'ate, They were all registered one year.

Defeudant—Is there anyone in Court who is registered Mr, C. A. L, Doxx—L am.

Defendant—Stand up nnd let us see you: You are " curiosity. (To witness)—Why am Lpicked out to be summoned?

Witness—Becauso you have abso tély ed 10 register.

When }—4 notice was sent to you point: ing out thatit you did not register I should have to proceed to further measures, and you declined to register.

Defendant—I think that is hardly #0.

Two letters written by the defendant the Consul General were then their being brought, extracts were read by the defendant, In' one of them he re-furred to a clause in the 116th Section of the Order in Council of 1865, stating that "very person shall on every registration of himself or herself pay a fee of such amount as one of Her Mnjesty's principal Scoretaries of State from time to time by order under his hand appoints and in reference to this the defendant, in his letter, asked the Consul-General' for the authorisation of the Svcretary of Site for thin collection, id he received no reply to this. Continuing his examina. tion of Me, Alabaater, he asked—Have you any authorisation from the Secretary of State to collect this?

Wituess—I hay.

From whom?—I cannot remember which it His Worsure—Thore can be little doubt about that, Dofendant—I preaune that each Secretary of State will have toi jh orders, itis Worsuir—Oh, no. When it once fixed it remni says "from time to time."

Wousnre—From time to time"

that the power to alter it when he chooses, Dofeudant—Woll, that is a matter of law which I will leave to your Worship with the greatest pleasure, His Wousurr—I have no doubt about it is once fixed it remains in force till there is a new order.

Defeudant—How am I to know what the fee is?

His Wousuir—You will know that when you come to regi A. UY. Moxrtinone, Consular Assistant, was then swart—You say it was 1874 that ered you tell me how many red in 1874? tow bovk)—AL Toast There may have been more. That only goes to the 29th Ostober, ther must have been sume more.

Defondant—I want to obtain the number for each auccesding your, His Woxsuip—Why Supposing you prove—to put an extreme case—that none were registered last year, how much the better are you?

Defeudant—I want to prove that it has fallen into abeyance, His Wonsuir—It would only pr the Consuls have not been getic im carrying out the regulation; but it might make me reduce the five to a nominal amount, Defeudaut—I think it would be very interesting to the public generally—and certainly to myself—to know how many wwe been registered. It would show the or laxity of the respective Consul Worsurr—Do you know, Me, More timote Wituess—I can tell by referring to the books; but with regard to ite falling into abeyance, the notification has been issued every year.

Defeudant—But how many obeyed it 7

Text read from the printed page and cleaned; old type leaves the occasional error.

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