Shanghai, 5th December, 1898. sir, I have the honour to acknowledge receipt two letters from Mr. Welch, dated rand 24th November last, upon the decision cil to suspend the execution of a warrant of arrest ixed Court Musi trate a Yao Chin, Chinzse resident in the Settlement.
T submitted the same to my Colleazues who directed me to reply as follows no law or an the Court Mavis' rate ay and as, according to inter competency vf "judicial Authori form of procedure are r ed by the Ines of such Anthoritiv country, the opi tion of the Consular Holy on the legal pints raisd in the two letters of the unoil is that the po Consul never cine refuse to affix his ~: xl on. warrants issued by the Mixed Court alagistrate, when duly presented to him. That, because the seal is a mace indicitinn to the Municipal Police that the warrant has been issued by the proper Authority.
The Consular Body are also of that they have Mixed Court Mi mission from other judges for appearance before their Courts of Chinese residing in the Settlement, either as perties or witnesses in a suit out of the Mixed Court Magistrate's competency, and even if in a civil case thy appearance is demanded by a warrant of arrest, heoxus in China, the apposrinco of parties an witnessex b fore a jude is compulsory and a warrant of arrest is nearly the only meat used to obtain it; it may also he feared that those judges would then also refuse to. perform similar commissions from the Mixed Court Magistrate.
However, the Consular Body think that, without altering existing Mixed Court rules, the of Chinese idants and foreign interests will sufficiently secured, if in n case of arrest for the purpow of fiking the prisoner outside of the Ssttlement, the Municipal Police carefully see that he be. first brought before the Mixed Court for a preliminary inquiry to ascertain who is the competent judg. If foreign interests are involved is the cise, the competent Court will be the Mixed Court Magistrate sitting with a foreign Assessor; us it also may be in x case between two Chinese where the cause and action arose within the Settlemes t. This, the Police has to tind out and then have the warrant endorsed by the Consul of the above said Assessor's natiowlity, Indeed: Art. 2nd of the rules must be applied if the foreign plaintiffs number only one, or two, three, one hundred or the whole community, and "Art. 3rd can be applied for all residen the Settlement because they are all citizens having as civic duty to serve the whole community.
Such are, Sir, the reasons that dictated the Consular Holy's letter to the Magistrate of the Mixed Court, a copy of which I now have the honour to forward to you herewith inclosed, the measures enunciated in it being considered by my colleagues and myself as the only possible solution of this complicated question according to the means in our power.
T have, ete., etc., Gigned) Joaquist Manta Taavasios Vatvnz, Consul. General for Portugal and Senior Consul.
Seni Consul to Mixed Court Magistrate.
2nd December, 1898.
Srr,—On 16th ultimo, I had the honour to receive your communication on [a warrant of arrest against a certain sident in the Foreign Settlement. I {Yang Tze Ching." Chinese subject resubmitted your letter to my colleagues who directed me to state in reply:
The jurisdiction of the Chinese Autho-Trities over Chinese subjects residing in with tha Tsungli Yamen, dated 20th 2 bril, 1869, ant containing ten i rales.
In it, the Mixed Court Magistrate is Judge axts of juris liction within the limits of the "Foreign ul this for the benefit of all commissioned to constantly watch for their absolutely observance; from their strict falfirment depend the peace, goo order wemment of the It is f the principal di for all otver Polices—t" place the persons it is required to take or detain in Jeustody, before the competent Cour! composed, according to the character of the case, either of the Magistrate alone or strate and a foreign Assessor.
The C sult Body wre taclined to }admit that the Magistrate has to comply with the order issued by his Superiors for the arrest of Chinese subjects over whom they yy be the camp-tent judges; but, not withstanding this competency, rem ways doubtful if, bel lying with such demands the M other judges, has not first to hell in his Court " carefal investigation into the facts fur what, the said rates give him full power.
Neglecting such preliminary formality would be against the docy of any judge to seck for all possible light and means to satisfy his consciences and help the discovery of the truth, (Here follows " statei necessary for valid warrants.)
Another principle that must always be respected ina cess of warrant for arrest is that a preliminary enquiry he always held at the Mixed Court when the secur laood order and the government of the Settlement require it.
The Police has received instractions in that sense not to give his as.istance if that condition is nor fulfilled.
The Consular Buwly hope that the Magistrate, convinced of the magnitude of his civilizing of the obligation \imposed on him to " very thing thee may promote the we fare of the residents, will not raise any objections against such necessary practices and will endeavour to have it followed.
Thave, ete.
(Signed.)
Joaquis Manta Travassos VALDEZ, Consul General for Portugal and Senior Consul.
Text read from the printed page and cleaned; old type leaves the occasional error.