Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Fortieth Congress
Mr. Burlingame to Mr. Seward
Sir: The enclosed revised land regulations for Shanghai, approved by my colleagues and myself after mature deliberation, are respectfully submitted for your sanction.
Their necessity and history are clearly set forth in the memorandum written by H. B. M. chief justice, Sir Edward Hornby.
The resolutions were considered and adopted by the consuls of the various nationalities at Shanghai, after many meetings with the land-holders, and then submitted to us at Peking. Pending their discussion we were constantly in advisory relations with the consuls. In fact the present expansion of the regulations, is the fruit of the co-operative policy adopted in 1863 (see despatch 42) and the arrangements made under it.
You will find in despatch No. 37 the principles established for these revised regulations as agreed upon by Sir Frederick Bruce, M. Berthed, Mr. Balluzeck, and myself, at the request of the municipal council of Shanghai, through their chairman, Mr. Edward Cunningham.
The French prefer a separate municipality, which, considering their ideas of administration, may be best for all.
The citizens of the United States in China, I am happy to say, are not afraid to enter into any fair arrangements where there is an equality of chances, and results in municipal affairs at Shanghai have indicated their confidence in themselves.
Great praise is due to our consul general, George F. Seward, and to H. B. M. consul, Mr. Winchester, for their persistent efforts and perfect co-operation to secure the perfection and adoption of the regulations.
I might by virtue of the power conferred upon me now give them force; but with my colleagues I have thought it better to submit them for approval to our respective governments, after which they may be put in force.
You are fortunate in having near you Sir Frederick Bruce, who is acquainted with this whole subject of the regulations, and will, I am sure, be but too happy to consult with you in relation to them. May I request as speedy action as possible.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Revised land regulations for the foreign settlement of Shanghai, approved by the land renters at a special meeting held on the 9th, 12th, 13th, and 17th March, 1866.
Extract from the minutes of a special meeting of land renters, held at her Britannic Majesty’s consulate, on Friday the 9th, Monday the 12th, Tuesday the 13th, and Saturday the 17th March, 1866, to consider, discuss, and amend the code of “Proposed Revised Land Regulations,” for the foreign settlement of Shanghai, prepared by the committee appointed at the meeting of land renters of the 15th April, 1865.
The chairman, in thanking the meeting for their vote, so far as he was personally concerned, said he had done much less than the judge, who had devoted a great deal of labor to the revision. He would ask them, also, not to forget the interest which had been shown by the United States consul general. Mr. Seward had gone into the country that afternoon, but though he was not present personally, his heart was with the meeting. It now only remained to arrange the alterations which had been made, so that the whole regulations could be understood by the eye running over them. When that was done it would be well that all the foreign consuls should be requested feo assemble, in order that they might be consulted regarding them. Especially before sending them to Peking, he would wish to [Page 430] obtain the opinion of the consul general for France. It was not possible for the two settlements to live under distinct regulations. As soon, therefore, as they were put into shape he (the chairman) would do his part by sending them on to the different consuls.
Mr. Pearson proposed that the municipal council be authorized to have the minutes of the meeting printed, together with the annexed land regulations and by-laws, and to forward copies of the same to the different foreign consuls at Shanghai, requesting their co-operation and support in obtaining the sanction of their respective governments to the by-laws.
M. Cowie seconded this proposal, which was carried unanimously, and the meeting separated.
The following extract is published for general information:
Minutes of the proceedings of a meeting of renters of land in the Hong-que settlement, held at the consulate of the United States, Shanghai, at 2 p. m. on the 21 st September, 1863.
The consul of the United States opened the meeting by remarking that it had been convened to receive the reports of the committees appointed at the previous meeting, and to enable the land renters to take such action as they might think necessary, in view of the state of the settlement. He would read to the meeting the convention made by him for the settlement with the local Chinese authorities. It was of importance, as it was the only basis upon which the municipal body which the meeting might create could claim any territorial powers.
An agreement between his excellency Hwang, imperially appointed intendant of circuit for the departments of Soo, Sung, and Tae, and George F. Seward, consul for the United States at Shanghai, concerning the boundaries of the Hong-que settlement, and certain matters pertaining to the government thereof.
1. The boundaries shall be: The Soochow creek from a point Opposite the entrance of the defence canal to the Wangpoo; thence at low-water mark to the mouth of the creek entering the Wangpoo, near the lower limit of the anchorage called Yang-tse-poo; westwardly three li, along the line of the creek; thence in a straight line to the point of beginning.
2. Citizens or subjects of all nations may rent ground within the boundaries under the terms of treaty stipulations.
3. The right of jurisdiction of the Chinese authorities over their subjects resident within the settlement is acknowledged to be indefeasible, but no arrests may be made except on warrants stamped by the municipal authority.
4. The municipal authority may lay out roads and streets, and all lands acquired subsequent to the date of this agreement shall be subject to the proviso, expressed or understood, that the renter shall surrender the lands required for roads to the public use.
5. In case it shall be deemed necessary or advisable to open roads while the land remains in the hands of Chinese, it is understood that the advantages so accruing will repay the native owners; but should any person be aggrieved in property by the opening of roads, they may represent the same to the municipal authority, which shall proceed to appoint assessors to estimate the damages, and the payment of the same, if any, shall be obligatory on the public.
6. All foreigners, subjects to non-treaty powers, shall be liable to be dealt with in all things by the municipal authority, but any individual of this class may exempt himself from such jurisdiction by filing in the consulate of any treaty power a written instrument acknowledging himself to be subject in all respects to the jurisdiction of such consulate; provided that the said consulate be willing to accept such jurisdiction, which shall be judi-cated by the issue, in each instance, of a document declaring to the fact that the above named instrument in writing has been duly filed, and that the person is entitled to the protection of the consulate.
7. The right of the Chinese government and the municipal authority to tax Chinese residents within the boundaries of the settlement is mutually conceded under the following terms:
The terms are as under:
1. The toutai shall appoint two or three deputies who will assess the rentals with the municipal council, but the collection of the tax shall be carried out by the latter. In case of disputes arising between the Chinese deputies and the municipal council, the toutai together with the English and American consul shall settle them.
2. Twenty per cent. per annum shall be collected, one-half of which shall be retained by the consul for municipal purposes, and the other half handed to the toutai to meet the military expenditure.
3. The municipal council shall bear all their expenses, but the toutai shall pay the Chinese deputies.[Page 431]
4. Two sets of books shall be kept, one for the council and one for the toutai.
5. It being agreed now that 20 per cent, shall be levied on rentals, there shall be no further increase.
6. The money collected shall be deposited in the Hae-quan Bank, whence the toutai and council shall draw as required.
7. This tax on rentals having been agreed on, the toutai shall not impose a poll or similar tax within the limits of the settlement, nor shall any additional tax be made to existing ones.
8. This tax on rentals shall cease as soon as peace is restored.
9. The tax shall be collected every three months, commmencing from the 1st of July.
Memorandum on the suggested revised land regulations and bye-laws.
A reference to the causes which have suggested a revision of the land regulations, and the objects which it endeavors to attain, may perhaps be useful.
The origiual land regulations were framed under the authority vested in the superintendent of trade by an order in council of the 13th of June, 1853, and this order in council was passed under the authority conferred on her Majesty by two acts of Parliament, i. e. the 5 and 6 Vict., ch.80, and the 6 and 7 Vict., ch. 94.
So far as British subjects are concerned, every rule for their good government in China emanates under the above order in council, or rather now under the China and Japan order, 1865, from the superintendent of trade. He, alone, can make laws for the purpose of ensuring such good government, and no rules are binding on British subjects in. China, except such as he has directly imposed or sanctioned.
For the purposes of this memorandum it must be assumed that the representatives of France and the United States of America acted under some similar authority conferred upon them by their respective governments; for, independently of the fact that they were parties to the land regulations, it must be presumed that the governments of these two countries, and indeed the governments of other countries having trading relations with and establishments in China, have not neglected to provide for the good government of their subjects residing in or resorting to China.
The source of the authority under which the land regulations were framed being clear, the next point to ascertain is whether at the present moment they are sufficient to provide for the good government of the settlement. If they are not, the same authority that sanctioned them can sanction others more applicable and better adapted to the purpose.
By the tenth section of the land regulations the British superintendent of trade and the representatives of France and the United States of America (these three countries being then the only three powers having treaties with China) made provision “for the making of roads, building public jettees and bridges and keeping them in repair, cleansing, lighting and draining the settlement generally, and establishing a watch or police force,” these being then the most obvious pressing wants of the community.
They also empowered the foreign consuls to call annually a meeting of the land renters to devise means of raising the necessary funds for these purposes, giving to the land renters permission to declare an assessment on land and buildings and to affix dues, which for want of a better name were called “wharfage dues,” on all goods landed at any place within the limits, and they also empowered the same body to appoint a committee to levy the rates and dues, to apply the funds and to sue defaulters.
It will be seen, then, that under this section the chief objects of municipal government were intended to be provided for, and in the calling together of the land renters to declare an assessment and impose dues, and the appointment of an executive committee to levy and apply the funds raised, the essential forms of municipal government were adhered to.
The land renters were to derive means for raising funds for the purposes of building roads, jettees and bridges and keeping them in repair; for providing for the health of the settlement, and for the security of life and property within it; and a committee of them was to take on itself the task of collecting the taxes and enforcing payment from defaulters, and of applying them when collected; in other words, that which the Crown in England confers on bodies, of individuals by charters of incorporation for municipal purposes, the British superintendent of trade, and the ministers of France and the United States, conferred, within certain limits, on the foreign land renters of Shanghai by these land regulations.
Time and experience now show that these regulations do not provide sufficiently for the good government of the settlement; more funds are required than can justly be raised by an assessment on land and buildings, and by the imposition of mere wharfage dues on the goods landed within the limits. No departure, however, from the original rules is asked.
The “purposes” mentioned in the section referred to have extended themselves—that is to say, a greater number of roads, jettees and bridges are required, more funds are necessary to maintain and repair them, and more efficient and extensive means of cleansing, lighting and draining the settlement, in other words providing for the health of the settlement, are [Page 432] absolutely necessary. The natural increase of the settlement in population and extent not only necessitates all these additional means, but also necessitates more efficient means of providing for the security of life and property within it: and the land renters are simply acting in conformity with the object which induced the British superintendent of trade and the ministers of France and the United States to direct the consuls to convene an annual meeting of them, when they do devise additional means of raising funds for the extended “purposes,” mentioned in the tenth section.
If the authority of the British superintendent of trade and of the French and American ministers was sufficient to provide for the making of one road and jettee for cleansing, lighting and draining, and for establishing a police force to watch one-tenth of the settlement, it is clear that the same authority is sufficient to make further provisions of the same nature when imperatively demanded by the increase of the population.
In the same way, the authority that convened an annual meeting of land renters to raise funds sufficient for the then purposes, can convene them in order to raise funds for present purposes, and the same authority that could properly raise one tax, can also raise others, provided that the “purposes” for which the funds are required, as well as the application of the. funds themselves, are within the scope of the authority, which is only limited by the provision to provide for the “peace, order, and good government of the foreign residents within the settlement.”
It has then to be seen whether the suggested revised land regulations are anything more than an extension of the old regulations, whether they have any different source from those framed in 1854, and whether they assume or confer any rights or any powers inconsistent with the limit imposed of providing for the “peace, order and good government of foreigners within the settlement.”
It may here, be mentioned that the chief judge of her Majesty’s supreme court, in his judgment in the case of “Keswick and others v. C. Wills and another, “alluded expressly to the wide significance and meaning to be attached to the words,” peace, order and good government, “and to the power and authority they conferred, illustrating their interpretation by that which has been given to them in colonial charters, under which laws have been enacted, taxes levied and a variety of other useful and necessary measures of government provided.
If it be true that these words do possess the value attributed to them, then it is clear that the moment the necessity is demonstrated, for further provision being made for the good government of the settlement, the authority that made the old regulations can make the new.
The scheme of revised land regulations contemplates simply the provision of an authority to be derived directly from the representatives of the powers having treaties with the Emperor of China, to which the assent of the imperial commissioner through a diplomatic medium should be obtained.
It does not seek to invest either the rate payers, or the executive council to be elected by them, with any original or self-emanating powers. It distinctly records in the preamble the source of the power prayed for, and all the rate payers and their executive council seek for is the continuance of the delegated power of self-government, originally conferred on them.
It is the anxiety of the land renters to avoid even a suspicion of a desire to arrogate for themselves, or for others who shall in future act with them, powers or authority which their position on a foreign soil does not entitle them to claim, that has induced them to retain the old form of the land regulations, in preference to framing a scheme of municipal government more artistic and complete in form. They have willingly abandoned the idea of asking for a charter of incorporation, in which the sources and extent of the powers vested in them should appear clothed in legal phraseology, and in that completeness of form which should characterize every perfect system of self-government, for the less artificial form in which the revised land regulations are now submitted for approval and sanction. In so doing, they desire to afford evidence of the spirit in which the revision has been made, and of the sole object in view, namely, providing for the peace, order and good government of the settlement, under the authority of the diplomatic and consular authorities of the various foreigners residing within it; they themselves acting, not by virtue of any assumed or original power, but simply as delegates of these officials.
In submitting then these revised resolutions for the approbation and consent of the ministers of the powers having treaties with China, and for that of the imperial commissioners, the land renters desire that it should be borne in mind that the cost of defraying the expenses of the government of the settlement is borne exclusively by the residents within it, and by dues levied on goods, which are landed or shipped within its limits, neither the national authorities of the foreign residents, nor the local authorities of the Chinese residents, contributing one farthing towards the budget of expenses; and not only is this true, but the residents within the settlement, by providing and paying for a police Force sufficient for the security of life and property, are on the one hand performing an obligation which the government of China has by treaty taken upon itself, but which it is powerless to fulfil, and on the other obviating the necessity of foreign governments incurring the odium and cost of insisting on the performance of an obligation on the part of those who have solemnly undertaken a task beyond their powers of performance.
It will be seen also, that throughout the scheme no attempt has been made to interfere [Page 433] with, still less to diminish the authority of the different consuls over their countrymen. The whole executive or rather co-executive power remains where it has been since the opening of the port, in the hands of the consular authorities, and they alone, in all cases of fine or imprisonment, can enforce the performance of the rules or punish their infraction. In short, the principle which pervades the whole land regulations as revised, as well as the by-laws annexed to them, may be briefly described as a delegation by those to whom the mission of providing for the peace, order, and good government of the settlement is confided, of so much of their authority as consists in the provision and application of the funds, necessary for the purpose, to those persons from whose pockets the money comes, and who are most nearly interested in its economical and efficient application.
On this principle, also, a variety of provisions, which under a more perfect system would have naturally formed part of the regulations themselves, have been thrown into the form of by-laws, which can be altered or varied, without it being necessary, on every occasion, to amend the regulations themselves.
It would have been easy to have framed a general clause, under which most of these by-laws might have been included, but it was deemed more advisable to be explicit, and to leave as little as possible to inference, thus substituting specific for general powers.
Only one other point remains, to which it may be as well to advert:
In what way do the revised land regulations affect the Chinese and foreigners?
The same argument which demonstrated the identity in principle of the revised regulations with those passed in 1854, and which established that they are but an extension to meet the wants occasioned by the increase of the settlement, is applicable to show that they are not more prejudicial to the interest of either Chinese or foreigners than those which received the sanction of the three foreign ministers, and of the imperial commissioner.
Indeed, the provisional clause, sec. 14, of the old regulations, which provides for the issuing of further rules, shows distinctly that all the parties to them contemplated the extension which has now become necessary; and it would not only be too late now, but most unfair for either Chinese or foreigners, to take advantage of the present suggested revised regulations to object to the principle involved in the old regulations, and to which all parties then assented.
It is not to be supposed that those foreign governments which in 1854 had not treaties with China, and who, from their not being there represented, did not sign the land regulations passed in that year, would now repudiate on the part of their subjects, who are or may become resident in the settlement, their liability to contribute their quota to its revenue, or to conform themselves to the rules which have been framed for, and upon which depends its good government. Such a supposition would be a reflection on the good faith of foreign governments and be a slur on those of their subjects who have acquired land or have become resident within the settlement, and participated in all the advantages which the system of self-government sanctioned by the regulations has produced. Having voluntarily domiciled themselves in a place where certain laws and regulations prevailed, they are upon every principle of equity, and what may be not inaptly termed comity, bound to conform themselves to them.
Indeed, as a matter of strict law, the land regulations embody in themselves the terms upon which the Emperor of China, being the lord of the soil, has admitted foreigners at that time limited in strictness to the nationalities of the three treaty powers, to reside on the land set apart for their use; and all other foreigners, who. with the sanction of their governments as evidenced by the appointment of consular officers to look after their interests, have located themselves in the settlement, have, by the fact of their residence, bound themselves to conform to these terms, in the same manner as the subjects of the three treaty powers conform to them.
The advantages conferred on all future treaty powers by what is commonly known in diplomatic language as “the most favored nation clause,” and under which foreign nations have actually availed themselves of the privilege of trading and residence, carry with them also the obligations which the original treaty powers themselves incurred, amongst the most important of which was the implied undertaking, in exchange for the privilege of exclusive jurisdiction, to make due provision by necessary laws and regulations for the good government on Chinese soil of foreign residents.
By most, if indeed not by all, systems of laws, the obligations incurred by treaties form part of the municipal law of all countries, and it is thus, even where express enactments are wanting, that the foreign consular authorities in China have power and jurisdiction over their country men in this country; power to consider the laws and regulations existing on the spot where the nationalists reside as binding on them by the fact of their residence, and jurisdiction to enforce their observance.
1. Boundaries and limits defined.
2. Mode of acquiring land.
3. Final settlement and title deeds.
4. Registration of land and charges thereon.
5. Transfer of lots.
6. Land surrendered to public use.
7. Boundary stones to be placed.
8. Chinese government land tax.
9. Road and jettees, assessment on land andhouses, rates, dues, and taxes. Consuls to convene meetings of renters, and other persons entitled to vote.
10. Land renters and others, &c., to appoint committee or council.
11. Committee or council to have power to make by-laws.
12. Accounts, how to be audited.
13. Defaulters, how to be sued.
14. How penalties, forfeitures on licenses, fees, &c, under by-laws, are to berecovered.
15. Consuls may at any time call meeting of land renters, &c.
16. Cemeteries for foreigners, Chinese raves, &c.
17. Breach of regulations.
18. Election of council and qualifications of voters at public meetings.
19. Nomination and voting for council.
22. Questions and quorum.
23. Committees appointed by council.
26. Persons acting in execution of these regulations not to be personally liable.
27. Mode of suing the council.
28. Board of Chinese delegates.
29. That land renters and rate payers shall be taken to mean “electors.”
Whereas certain regulations, entitled land municipal regulations, for the peace, good order and government of all persons residing on the land set apart by the Chinese authorities for the residence of foreigners, were settled and agreed upon by the representatives of England, France, and the United States of America, then being the three treaty powers, and under their instruction by the consuls of the above-mentioned States in communication with his Excellency Woo, the chief local authority representing the Chinese government at Shanghae; and whereas it was therein provided that hereafter, should any connections be requisite in the aforesaid regulations, or should it be necessary to determine on further rules, or should doubts arise as to the construction of, or powers conferred thereby, the same should be consulted upon and settled by the foreign consuls and intendant of circuit, in communication together, who should equitably decide thereon, and submit the same for confirmation to the representatives of their respective counties in China, and to the Chinese imperial commissioner, managing the affairs at the five ports; and whereas it is expedient that the said regulations should be revised, and that further and better provision should be made for the peace, good order and government of all persons residing on the land so set apart as aforesaid: Be it ordered, That the following revised regulations which have been agreed to and settled by the undersigned consuls in communication with his excellency the intendant of circuit, and the by-laws annexed thereto, shall have effect and be binding upon all persons residing or being within the limits of the said land so set apart, as to all matters and things comprised therein, from and after the expiration of one month after the same shall have been affixed and kept exhibited at the offices of the various foreign consulates.
Given under our respective hands and seals of office at Peking, China, this —— day of ——, 1866.
I. The boundaries of the land to which these regulations apply, are:
1. Those defined in the land regulations settled and agreed upon by Captain Balfour, her Britannic Majesty’s consul, and Kung-Mooken, intendant of circuit, on the 24th day of September, 1846, and further defined in the agreement entered into between Rutherford Alcock, esq., her Britannic Majesty’s consul, and Lin, intendant of circuit, on the 27th day of November, 1846, and set forth in the copy hereunto annexed of the original map attached to the said agreement.
2. Those described in a proclamation issued by Lin Taoutae, bearing date the 6th day of April, 1849, in consequence of an arrangement entered into between his excellency on the one part and M. de Montigny, the consul of France, on the other part, for the assignment of a space within which French subjects should be at liberty to acquire land and build residences, &c., an arrangement subsequently approved and confirmed by the minister of France, M. de Forth Eouen, and the Imperial Commissioner Sen, such boundaries being as follows:
To the south, the canal which extends round the walls of the city from the north gate; to the north, the Yang-K-ing-Pang; to the west, the temple of Kwan-te and the bridge of the[Page 435]family Chow; to the east, the river Hwang-poo from the Hai-Kwan or Canton Cousoo house to the mouth of the Yang-King-Pang.
[Note to 2d section.—As the French government appear to be desirous of establishing a separate system of regulations for the municipal control of that portion of the general settlement at Shanghai which is described in the second section hereof, it is understood that so long as the action of that government shall preclude the extension of the code of rules herein provided, these rules shall not be considered of any effect or force in the quarter referred to.”]
And 3. On the Hongque side, north, the line from Yang-tsze-poo to the point opposite the Defence creek. South, Hwang-poo from the mouth of the Soochew creek to the mouth of the creek entering the Hwang-poo, near the lower limit of the anchorage called the Yang-tsze-poo; west, the Soochew creek from a point opposite the entrance of the Defence creek to the Hwang-poo; east, the bank three li along the line of the Yang-tsze-poo.
Within the boundaries defined in the map above referred to under the first head are certain sites, namely, the new custom-house and the temple of Rewards, together with the land set apart for the use of her Britannic Majesty’s government, known as the British consulate site, which are exempted from municipal control as well as any land hereafter to be settled or acquired by the governments of France or the United States of America, or other governments having treaties with China, for government purposes only; but the British and foreign consulate sites, the custom-house, and any lands acquired as above, shall bear their share of the publia burdens and municipal taxes.
II. Any person desiring to rent land or purchase houses from the Chinese proprietors, within the said limits, shall do so in accordance with the provisions laid down in the treaties of foreign powers with China.
III. It having been ascertained that no impediment exists to the renting of the land, the parties interested may settle with the Chinese proprietors the price and conditions of sale, and they will then report the transaction to their consular representative, and lodge with him the Chinese proprietor’s agreement or deed of sale, in duplicate, accompanied by a plan, clearly marking the boundaries. The said consular representative shall then transmit then same to the intendant of the circuit for examination. If the sale be regular the deeds will be returned to the consul sealed by the intendant of circuit, and the purchase money can then be paid. If there are graves or coffins on the land rented, their removal must be a matter of separate agreement, it being contrary to the custom of the Chinese to include them in the agreement or deed of saie.
IV. All such conveyance or leases of land so purchased as aforesaid shall within one month from time of the completion of the sale be registered in the office of the consular representative of the purchaser, and all charges by way of mortgage, whether of a legal or equitable-character, shall also be registered in the like manner and within one month of their execution.
V. That all tranfers of land shall be made at the consulate where the deeds are registered, and also be registered at that of the vendee or assignee.
VI. It is understood and agreed that land heretofore surrendered by the various foreign renters to public use, such as roads and the beach grounds of the rivers within the aforesaid. limits, shall remain henceforth dedicated to the same uses, and as new lots are acquired such, parts thereof as are beach ground shall be held under and subject to similar uses, and due provision shall be made for the extension of the lines of roads at present laid down as means. of communication in the settlement. To this end the counsel appointed by the land renters and others entitled to vote on the terms, and in the manner hereinafter mentioned, within the boundaries referred to, will, at the beginning of each year, examine the map and determine what new lines of road are necessary, and all land subsequently rented shall only be rented on the terms of the renter surrendering to the public use the beach ground aforesaid, if any, and the land required for such roads, and in no case shall land so surrendered, or which shall. now be dedicated to the use of the public, be resumed, except with the consent of the proper majority of land renters and others who may be entitled to vote as aforesaid in public meeting assembled, nor shall any act of ownership be exercised over the same by the renters thereof. notwithstanding any payment by them to the Chinese government of any ground rent: Provided always, That no act of appropriation or dedication for public uses of the said beach ground, or of grounds for roads, other than those already defined shall, contrary to the will of the renters thereof, in any case, be sanctioned or held lawful under these regulations. On the admission by vote of public meeting of any tracts of land into the limits of the municipal authority, the municipal council shall give notice of all roads and public properties which they intend to set aside in the general interest, and should any citizen or subject of a treaty power, who may previously have acquired land within such tract, object to any part of the, reservation thus notified, he must, within 14 days after the issue of the notice, warn his own consul or the municipal council of his objection, in order that steps may be taken to adjust the claim: Provided always, That in the event of a failure to effect such adjustment on terms which may appear reasonable to the consul, the council shall have the option of declining to., accept jurisdiction over the proposed annexation, which consequently cannot take place. It shall also be lawful for the land renters and others who may be entitled to vote as hereinafter mentioned, in public meeting assembled, to purchase land leading cr being out of the settlement, [Page 436] or to accept land from foreign or native owners upon terms to be mutually agreed upon between the council and such foreign or native owners for the purpose of converting the same into roads or public gardens and places of recreation and amusement, and it shall be lawful for the council from time to time to apply such portion of the funds raised under article 9 of these regulations, for the purchase creation and maintenance of such roads, gardens, &c., as may be necessary and expedient: Provided always, That such road and gardens shall be dedicated to the public use, and for the health, amusement, and recreation of all persons residing within the settlement.
VII. When land is rented, stones having the number of the lot distinctly cut thereon, in English and Chinese, must be placed to define the boundaries thereof, under the supervision of the consul applying for the land, and of the Chinese local authorities. A time will be named for the boundary stones to be fixed, in the presence of an officer deputed by the consul, of the Tepaon of the district, and of the Chinese proprietors and the renter, in such manner that they may not interfere with the lines of road or the boundaries, or in any other way give cause for litigation and dispute hereafter.
VIII. The annual rent on all lands leased by foreigners, reserved to the Chinese govern ment, shall be payable in advance on the 15th day of the 12th moon of each year. And all rent in arrear and unpaid on that day shall be recoverable in a summary manner, on the complaint of the intendant of circuits, in the court of the consular representative of the defaulting renter.
IX. It being expedient and necessary for the better order and good government of the settlement that some provision should be made for the making of roads, building of public jettees, offices, and bridges, and keeping them in repair, and for cleansing, lighting, watering, and draining the settlement generally, and establishing a watch or police force therein, paying the persons necessarily employed in any municipal office or capacity, or for raising money by way of loan for any of the purposes aforesaid, the foreign consuls shall so soon after the first day of April in each year, or when it may appear to them needful, or on the requisition of the municipal council, or of the renters of land and others entitled to vote, on the terms hereinafter mentioned, convene a meeting of such persons to devise ways and means of raising the requisite funds for these purposes, and at such meeting it shall be competent to the said persons, or a majority of them, in public meeting duly assembled, to declare an assessment in the form of a rate to be made on the said land or buildings: Provided always, that the proportion between the tax on land and on houses or buildings shall not exceed one-twentieth of one per cent. on the gross’ value of land, to one per cent. on the annual rental of houses; and it shall also be competent for the said persons or a majority of them, as aforesaid, to impose other rates or taxes in the form of dues on all goods landed or shipped or trans shipped through the Chinese custom-house at any place within the said limits: provided the said rates or taxes levied in the form of dues shall in no case exceed the amount of one-tenth of one per cent. on the value of goods landed, shipped, or transshipped, and in such other forms as may appear requisite and necessary for the purposes aforesaid.
X. And whereas it is expedient that the said land renters and others as aforesaid, in public meeting duly assembled, under and in accordance with the provisions of the preceding article, should appoint in the mode hereinafter provided an executive committee or council, to consist of not more than nine persons, for the purpose of levying the rates, dues, and taxes herein-before mentioned, and applying the funds realized from the same for the purposes aforesaid, and for carrying out the regulations now made: Be it further ordered, that such committee when appointed shall have full power and authority to levy and apply such rates, dues, and taxes for purposes aforesaid, and shall have power and authority to sue for all arrears of such rates, dues, and taxes, and recover the same from all defaulters in the courts under whose jurisdiction such defaulters may be.
XI. When, in pursuance of these regulations, the above-mentioned committee or council shall be duly elected, all the power, authority, and control conferred by the by-laws now sanctioned and annexed to these regulations, and all the rights and property which, by such by-laws, are declared to belong to any committee or council, elected as aforesaid, shall vest in and absolutely belong to such committee or council, and to their successors in office, and such successors as are duly elected, and such committee, shall have power and authority from time to time to make other by-laws for the better enabling them to carry out the object of these regulations, and to repeal. alter, or amend any such by-laws: Provided, Such by-laws be not repugnant to the provisions of these regulations, and be duly confirmed and published: And provided, also, That no by-law made by the committee under the authority of these regulations, except such as relate solely to their council or their officers or servants, shall come into operation until passed and approved by the consuls and ministers of foreign powers having treaties, and the rate payers in special meeting assembled, of which meeting, and the object of it, ten days’ notice shall be given.
XII. And whereas it is also expedient that due provision should be made for the auditing of the accounts of the said committee, and for the obtaining the approval and sanction of them by the rate payers in public meeting duly assembled, be it ordered that the result of the said audit shall be made known, and the said sanction and approval shall be made at the annual public meeting convened by the consuls as hereinbefore mentioned.
XIII. And be it further ordered, that it shall be lawful for the said committee or their secretary [Page 437] to sue all defaulters in the payment of all assessments, rates, taxes, and dues whatsoever levied under these regulations, and of all fines and penalties leviable under the by-laws annexed to them in the consular, or the courts under whose jurisdiction such defaulters may be, and to obtain payment of the same by such means as shall be authorized by the courts in which such defaulters are sued: Provided, That in case any one or more of the said defaulters, or owners, shippers, or consignees of goods refusing to pay have no consular representative at Shanghai, the said committee shall, with consent of the local authorities, be at liberty to detain and sell such portion of the goods, or use such other means as, with the consent of the local authorities, may be necessary to obtain such payment of such assessments, rates, taxes, dues, fines and penalties, or in respect of land or house assessment to distrain on the land or houses to such an extent as may be required to satisfy such assessment or dues.
XIV. Be it also further ordered, that any penalty, or forfeiture, or fees, or licenses provided for in the by-laws framed under the authority of these regulations, and imposed in pursuance of such by-laws, maybe recovered by summary proceedings before the proper consular or other authority, and it shall be lawful for such authority, upon conviction, to adjudge the offender to pay the penalty or incur the forfeiture as well as the costs attending the conviction as such authority may think fit. All fines and penalties levied under these regulations, and the by-laws framed and to be framed under them, shall be carried to the credit of the committee in diminution of the general expenditure authorized by the provisions of these regulations.
XV. Be it further ordered, that it shall be competent for the foreign consuls, collectively or singly, when it may appear to them needful or at the requisition of the electors of land or buildings, to call a public meeting at any time, giving ten days’ notice of the same, setting forth the business upon which it is convened, for the consideration of any matter or thing connected with the municipality: Provided always, That such requisition shall be signed by not less than ten of the said electors, and that it set forth satisfactory ground for such request. And all resolutions passed by a majority at any such public meeting, on all such matters aforesaid, shall be valid and binding upon the whole of the said electors, if not less than one-third of the said electors are present or represented. At such meeting the senior consul present shall take the chair, and in the absence of the consul, then such elector as the majority of voters present may nominate. In all cases in which electors in public meeting assembled as herein provided decide upon any matter of a municipal nature, not already enumerated, and affecting the general interests, such decision shall first be reported by the chairman to the consuls for their concurrence and approval, and unless such approval be officially given, such resolution shall not be valid and binding: Provided always, That a term of two months shall elapse between the date of the resolution and the signification of approval by the consuls, during which time any person considering himself prejudiced in property or interests by the resolution may represent his case to the consuls for their consideration. Afterthe expiration of the term of two months the consular approval, if signified, shall be considered binding.
XVI. Within the said limits lands may be set apart for foreign cemeteries. In no case shall the graves of Chinese on land rented by foreigners be removed without the express sanction of the families to whom they belong, who, also, so long as they remain unmoved, must be allowed every facility to visit and sweep them at the established period, but no coffins of Chinese must hereafter be placed within toe said limits, or be left above ground.
XVII. Hereafter should information of a breach of these regulations be lodged with any foreign consul, or should the local authorities address him thereon, he may in every case within his jurisdiction summon or cause to be summoned the offender before him, and if convicted, punish him, or cause him to be punished summarily, either by a fine not exceeding $300, or by imprisonment not exceeding six months, or in such other manner as may seem just. Should any foreigner who has no consular authority at Shanghai commit a breach of the said regulations, then and in such case the Chinese chief authority may be appealed to by the council, through one or more of the foreign consuls, to uphold the regulations in their integrity, and punish the party so infringing them.
XVIII. Every foreigner, either individually or as a member of a firm, residing in the settlement, having paid all taxes due, whose annual payment of assessment on land or houses or both, exclusive of all payments in respect of licenses, shall amount to taels 15, or dollars 20, or upwards, or who shall be a householder paying a rental of not less than taels 450, or dollars 600 per annum, or who being a resident of 12 months’ standing shall be in receipt of an annual salary or income of 1,000 taels, shall be entitled to vote in the election of the said members of the council, and at the public meetings, and none shall be qualified to be a member of the said council unless he shall pay an annual assessment, exclusive of licenses, of taels 25, or dollars 33; or shall be a householder paying a rental of taels 900, or dollars],200 per annum.
XIX. It shall be competent to any two rate payers entitled to vote to nominate any qualified rate payer for election as a member of the council, and all such nominations shall besent in in writing, with the signatures of the proposer and seconder, as also the assent in writing of the candidates proposed, that they will serve if elected, at least 14 days before the [Page 438] day appointed for the election, to the secretary or other officer appointed by the existing council to receive such nomination.
On the day after the expiration of the time allowed for sending in such nominations as aforesaid the existing council shall cause a list of the rate-payers proposed for election to be advertised in the public journals, and shall likewise cause such list to be exhibited thenceforward until the day of election in some conspicuous place in the council room, between the hours of 10 a. m. and 4 p.m.
On the day appointed for the election, should the number of rate-payers proposed for election as councillors exceed nine, two officers, appointed by the existing council, shall attend at the place appointed for the election to receive the votes of the rate-payers. These officers shall be provided with a list of all the rate-payers duly qualified to vote, and shall give to each such rate-payers as may be present,* and may require it, a voting card or paper containing a list of the rate-payers proposed for election. The voter shall then mark on such voting lists the names of any number of persons, not exceeding nine, for whom he intends to vote, and shall deposit the list, signed by himself with his own name so marked, in a close box, provided for the purpose of receiving such list.
The poll shall remain open for two consecutive days, from 10 a. m. to 3 p. m., at which hour on the second day the poll shall be closed. Immediately upon the close of the poll, two scrutineers, appointed by the council, shall, without delay, proceed to open the box or boxes, examine the voting lists, and declare the names of the nine rate-payers who have the greatest number of votes, and who shall thereupon be considered duly elected as the council for the ensuing municipal year.
Should the number of names proposed for election be exactly nine, it shall not be necessary to have a poll, but on the day after the expiration of the time appointed for sending in nominations the existing council shall advertise and make known the names of nine ratepayers proposed, and they shall be considered to be duly elected as the council for the ensuing municipal year.
Should the number of names proposed for election be less than nine, then on the day after the expiration of the time appointed for sending in nominations the existing council shall advertise and make known the names of the rate-payers, to be held on the day appointed for the election; at which meeting the rate-payers present shall proceed to elect, either by ballot or otherwise, as they may then decide, as many more rate-payers as may be requisite to make the number before proposed up to nine; and such nine rate-payers shall be considered duly elected as the council for the ensuing municipal year.
XX. In case of a vacancy or vacancies occurring during the municipal year the existing council shall have the power to fill up such vacancy or vacancies by the vote of the majority of the council, providing such vacancies do not exceed three in number.
Should the vacancies exceed three, an election of the whole number of new members who have not been originally elected shall be called, in the manner previously provided in respect of an election when the number proposed were less than nine.
XXI. The council shall enter upon their office so soon after the accounts of the retiring committee shall have been audited and passed at the annual meeting in April, mentioned in Article IX; and at their first meeting the new council shall elect a chairman and vice-chair man, who shall hold office for one year. In their temporary absence, the members present at any meeting of the council shall elect their chairman for such meeting.
XXII. On all questions in which the members of the council present are equally divided in opinion, the chairman shall have a second or casting vote.
Five members of the council shall constitute a quorum for the despatch of business.
XXIII. The council may, from time to time, appoint out of their own body such and so many committees, consisting of such number of persons as they shall think fit, for all or any of the purposes wherein they are empowered to act, which, in the discretion of the council, would be better regulated and managed by means of such committees, and may fix the quorum of such committees.
XXIV. The council may, from time to time, appoint such officers and servants as they think necessary for carrying out these regulations, and fix the salaries, wages, and allowances of such officers and servants, and may pay the same out of the municipal funds; and make rules and regulations for the government of such officers and servants; and may discontinue or remove any of them from time to time as they shall think fit.
XXV. The council shall administer the municipal funds for the public use and benefit at their discretion, provided they do not exceed the sum voted at the annual meeting or any special meeting called to vote expenses; and a statement shall be drawn up by them at the end of each year for which the council has been elected, showing the nature and amount of the receipts and disbursements of the municipal fund for that year; and the said statement shall be published for general information.
XXVI. No matter or thing done, or contract entered into, by the council, nor any matter or thing done by any member thereof, or by the secretary, surveyor, superintendent of police, or other officer or person whomsoever acting under the direction of the council, shall, if the matter or thing were done, or the contract entered into bona fide, for the purpose of executing [Page 439] these regulations, subject them, or any of them, personally, to any action, liability, claim, or demand whatsoever; and any expense, properly and with due authority incurred by the council, member, secretary, surveyor, superintendent of police, or other officer or person acting as last aforesaid, shall be borne and repaid out of the rates levied under the authority of these regulations.
XXVII. If a citizen or subject of any foreign government represented at Shanghai by an officer having judicial functions shall consider himself aggrieved in respect of any right or privilege or otherwise by any of the council, the said officer, on proper representation, shall endeavor to arrange a submission of the matter to arbitration; but if the said officer shall be unable to effect a submission of the matter to arbitration, he shall, at the petition of such citizen or subject, proceed to hear the question and to decide it conformably to an equitable consideration of the rules.
The said officer shall sit alone, and either party may appeal from his judgment to the minister of the complainant’s government at Peking, or in the absence of a minister, to the complainant’s government, who shall have full power to judge the same.
The decision upon the appeal shall be final.
All proceedings shall be taken in open court, and in the usual form of the court, excepting that notices, instead of usual processes, shall be served upon the council. Witnesses may be compelled to attend by resort to the appropriate court. Notice to the chairman of the council shall be construed as notice to the council. The council may appear by the chairman, or by any councillor delegated, or by counsel.
Judgment may be given against either party failing to appear, on notice being proven, but only after an examination of those appearing.
Judgments against the council, (for specific performance,) in respact to rights, shall be respected by the council, but if disregarded, on motion judgment for damages may be entered.
Judgment for damages may be recovered on execution levied against property, or moneys of the council in the hands of persons of the nationality concerned.
Appeals must be claimed within seven days after judgment shall have been notified to the parties, and perfected within fourteen days after such notice.
XXVIII. A board of three Chinese delegates, resident in the settlement, shall be formed for the purpose of advising and consulting with the council on matters affecting the Chinese population, as regards taxation, maintenance of order, &c, &c, in the following manner: The senior consul shall, during the month of March of each year, officially request the Taotae to direct the tung-sze, i. e., the representatives and headmen of the several native communities, guilds, chambers, and clubs, to meet and elect three Chinese delegates aforesaid. Due notice shall be given to these delegates when such subjects are under discussion; but their functions shall be solely consultative. No new tax, nor new measure of police, nor sanitary regulation affecting the native community, shall take effect until the said Chinese delegates have been consulted thereon. They shall be invited to present written statements of their views, which shall be entered on the minutes of the council meetings and published.
XXIX. That the words “renters of land,” and “rate-payers,” wherever they occur in the foregoing regulations shall, where not otherwise indicated by the connection in which they occur, be taken to mean electors entitled to vote, according to the terms of XVIII.
XXX. Hereafter should any corrections be requisite in these regulations, or should it be necessary to determine on further rules, or should doubts arise as to the construction of or powers conferred thereby, the same must be consulted upon and settled by the foreign consuls and intendant of circuit in communication together, who shall equitably decide thereon, and submit the same for confirmation to the representatives of their respective countries in China, and for the sanction of the Chinese government.
I. Control and management of sewers and drains.
II. Power to make sewers and drains.
III. Power to enlarge and alter sewers and drains.
IV. Penalty on any unauthorized person for making any drain flow into public sewers without consent of council.
V. No person to build over any public sewer without consent of council.
VI. Sewers and drains to be provided with traps.
VII. Expense of maintaining and cleaning sewers and drains.
VIII. No one to build or rebuild a house until a covered drain be constructed.
IX. Council shall be surveyors of highways.
X. Management of Streets and the repairs thereof, to vest in council.
XI. Council may stop up any street pending construction, &c. of a sewer.
XII. Penalty on making unauthorized alterations in the streets.
XIII. Council may alter situation of gas or water-pipes.
XIV. Water spouts to be affixed to houses or buildings.
XV. Penalty for not lighting deposits of building materials or excavations.
XVI. Penalty for continuing deposits of building materials or excavations an unreason able time.[Page 440]
XVII. Dangerous places to be repaired or enclosed.
XVIII. Cleaning streets—council to cause streets to be cleansed, and dust and ashes to be removed from the houses.
XIX. Council may compound for sweeping footways.
XX. Ruinous buildings.
XXI. Expenses of removal.
XXII. When owners cannot be found.
XXIII. Projections of houses, &c., to be removed on notice,
XXIV. Obstruction of streets.
XXV. Cleaning streets.
XXVI. Conveyance of offensive matter.
XXVII. Stagnant pools.
XXVIII. Regulation to prevent accumulation of dung, &c.
XXIX. Certificate of health office; filth to be removed.
XXX. Houses to be whitewashed and purified, on certificate of officer of health, &c.
XXXI. Council may order nuisances to be abated.
XXXII. Observations of scavenger.
XXXIII. Dangerous buildings.
XXXV. Disturbance in streets.
XXXVII. Carrying arms.
XXXVIII. Transient offender.
XXXIX. Penalty for disobedience of order in council.
XLI. Penalty to be summarily recovered.
XLII. Publication of by-laws.
By-laws annexed to the land municipal regulations for the foreign quarter of Shanghai, this day of, 186
I. The entire control and management of all public sewers and drains within the limits of these regulations, and all sewers and drains in and under the streets, with all the works and materials thereunto belonging, whether made at the time these regulations become valid, or at any time thereafter, and whether made at the cost of the council or otherwise, shall vest in and belong to the council.
II. The council shall, from time to time, cause to be made under the streets such main and other sewers as shall be necessary for the effectual draining of the town or district within the limits of the settlement, and also all such reservoirs, sluices, engines, and other works as shall be necessary for cleaning such sewers; and if needful, they may carry such sewers through and across all or any of the streets, doing as little damage as may be, and making compensation as aforesaid, to be determined by arbitration or recoverable in the manner provided by the land regulations, for any damage done; and if for completing any of the afore said works it be found necessary to carry them into or through any enclosure or other lands, the council may, after reasonable notice, carry the same into or through such lands accordingly, making compensation to the owners and occupiers thereof; and they may also cause such sewers to communicate with and empty themselves into the river, or they may cause the refuse from such sewers to be conveyed by a proper channel to the most convenient site for collection and sale for agricultural or other purposes, as may be deemed most expedient, but so that the same shall in no case become a nuisance.
III. The council may from time to time, as they see fit, enlarge, alter, and arch over, and otherwise improve all or any of the sewers vested in them; and if any of such sewers at any time appear to them to have become useless, the council, if they think fit to do so, may demolish and discontinue such sewers: Provided, That it may be so done as not to create a nuisance.
IV. Every person, not being employed for that purpose by the council, who shall make any drain into any of the sewers or drains so vested in the council, shall forfeit to the council a sum not exceeding $100; and the council may cause such branch drain to be remade as they think fit, and all the expense incurred thereby shall be paid by the person making such branch drain, and shall be recoverable by the council as damages.
V. No sewer or drain shall be made, or any building be erected over any sewer belonging to the council, without the consent of the council first obtained in writing; and if, after the passing of the revised land regulations, any sewer or drain be made, or any building be erected contrary to the provisions herein contained, the council may demolish the same, and the expenses incurred thereby shall be paid by the person erecting such building, and shall be recoverable as damages.
VI. All sewers and drains within the limits of these regulations, whether public or private, shall be provided by the council or other persons to whom they severally belong, with proper traps, or other coverings or means of ventilation, so as to prevent stench.
VII. The expense of maintaining and cleansing all sewers, not hereinbefore provided for, shall be defrayed out of the rates and taxes to be levied under article IX of the land regulations.[Page 441]
VIII. It shall not be lawful to erect any house in the settlement, or to rebuild any house in the settlement, until a drain or drains be constructed of such size and materials, and at such level, and with such fall, as, upon the report of the surveyor made to the council, shall appear to be necessary and sufficient for the proper and effectual drainage of the same and its appurtenances; such report to be made within 14 days after notice is given to the said surveyor of the proposed erection or rebuilding; and in default thereof, all parties shall be at liberty to proceed with any such erection or building, as if no such report were required; and if a sewer of the council, or a sewer which they are entitled to use, be within 100 feet of any part of the site of the house to be built or rebuilt/the drain or drains so to be constructed shall lead from and communicate with such sewer as the council shall direct, or if no such means of drainage be within that distance, then the last-mentioned drain or drains shall communicate with and be emptied into such covered cesspool or other place not being under any house, and not being within such distance from any house, as the council shall direct: and whoso ever erects or rebuilds any house or constructs any drains contrary to this by-law. shall be liable for every such offence to a penalty not exceeding $250; and if at any time, upon the report of the surveyor, it appear to the council that any house, whether built before or after the passing of this by-law, is without any drain, or without such a drain or drains communicating with a sewer as is or are sufficient for the proper and effectual drainage of the same and its appurtenances; and if a sewer of the council, or a sewer which they are entitled to use, be within 100 feet of any part of such house, they shall cause notice in writing to be given to the owner or occupier of such house, requiring him forthwith, or within such reason able time as shall be specified therein, to construct and lay down in connection with such house one or more drain or drains, of such materials and size, at such level, and with such fall, as upon the last-mentioned report shall appear to be necessary; and if such notice be not complied with, the council may, if they think fit, do the works mentioned or referred to therein; and the expenses incurred by them in so doing, if not forthwith paid by the owner or occupier, shall be defrayed by the council, and by them recovered from the owner of the house, in the same manner as a penalty under these by-laws is recoverable.
IX. The council, and none others, shall be surveyors of all highways within the limits of the aforesaid regulations, and within those limits shall have all such power and authorities, and be subject to all such liabilities, as any surveyors of highways are usually invested with.
X. The management of all the public streets, and the laying out and repaving thereof on passing of the Revised Regulations, or which thereafter may become public highways, and the pavements and other materials, as well in the footways as carriageways of such public streets, and all buildings, materials, implements, and other things provided for the purposes of the said highways, shall belong to the council.
XI. The council may stop any street; and prevent all persons from passing along and using the same for a reasonable time during the construction, alteration, repair, or demolition of any sewer or drain in or under such street, so long as they do not interfere with the ingress or egress of persons on foot to or from their dwellings or tenements.
XII. Every person who wilfully displaces, takes up, or makes any alteration in the pavement, flags, or other materials of any street under the management of the council, without their consent in writing or without other lawful authority, shall be liable to a penalty not exceeding $25; and also a further sum not exceeding $1 for every square foot of the pavement, flags, or other materials of the street so displaced, taken up, or altered.
XIII. For the purpose of the aforesaid regulations, if the council deem it necessary to raise, sink, or otherwise alter the situation of any water-pipe or gas-pipe laid in any of the streets, they may, from time to time, by notice in writing, require the person or persons to whom any such pipes or works belong, to cause forthwith, as soon as conveniently may be, any such pipes or works to be raised, sunk, or otherwise altered in position in such manner as the council direct: Provided, That such alteration be not such as permanently to injure such works, or to prevent the water or gas from flowing as freely and conveniently as before; and the expenses attending such raising, sinking, or altering, and compensation for every damage done thereby, shall be paid by the council out of the rates and taxes levied under the regulations aforesaid.
If the person or persons to whom any such pipes or works belong do not proceed forthwith, or as soon as conveniently may be, after the receipt of such notice, to cause the same to be raised, sunk, or altered in such manner as the council require, the council may themselves, but then at the costs and charges of the person or persons to whom the pipes or works belong, such costs and charges to be recoverable in the same way as the penalties enacted under these by-laws, cause such pipes or works to be raised, sunk, or altered as they think fit: Provided, That such works be not permanently injured thereby, or the water or gas prevented from flowing as freely and conveniently as before.
XIV. The occupier of every house or building in, adjoining, or near to any street shall, within 14 days next after service of an order of the council for that purpose, put up and keep in good condition a shoot or trough of the whole length of such house or building, and shall connect the same either with a similar shoot on the adjoining house, or with a pipe or trunk to be fixed to the front or side of such building from the roof to the ground to cany the water from the roof thereof in such manner that the water from such house or any portico or projection therefrom shall not fall upon the persons passing along the street, or [Page 442] flow over the footpath; and in default of compliance with any such order within the period aforesaid, such occupier shall be liable to pay not exceeding $10 for every day that he shall so make default.
XV. When building materials or other things are laid, or any hole made in any of the streets, whether the same be done by order of the council or not, the person or persons causing such materials or other things to be so laid, or such hole to be made, shall, at his own expense, cause a sufficient light to be fixed in a proper place upon or near the same, and continue such light every night from sun-setting to sun-rising, while such materials or hole remain; and such person shall, at his own expense, cause such materials or other things, and such hole, to be sufficiently fenced and enclosed, until such materials or other things are removed, or the hole filled up or otherwise made secure; and every such person who fails to light, fence, or enclose such materials or other thing on such hole shall, for every such offence, be liable to a penalty not exceeding $25 and a further penalty not exceeding $10 for every day while such default is continued.
XVI. In no case shall any such building materials or other things or such hole be allowed to remain for an unnecessary time, under a penalty not exceeding $25 to be paid for every such offence, by the person who causes such materials or other things to be laid, or such hole to be made; and a further penalty not exceeding $10 for every day during which such offence is continued after the conviction for such offence; and in any such case the proof that the time has not exceeded the necessary time, shall be upon the person so causing such materials or other things to be laid or causing such hole to be made.
XVII. If any building or hole or other place near any street be, for want of sufficient repair, protection, or enclosure, dangerous to the passengers along such street, the council shall cause the same to be repaired, protected, or enclosed so as to prevent danger therefrom, and the expenses of such repair, protection, or enclosure shall be repaid to the council by the owner of the premises so repaired, protected, or enclosed, and shall be recoverable from him as damages.
XVIII. The council shall cause all the streets, together with the foot-pavements, from time to time, to be properly swept and cleansed, and all dust and filth of every sort found thereon to be collected and removed; and shall cause all the dust, ashes, and rubbish to be carried away from the houses and tenements of the inhabitants of the town and district within the limits of these regulations at convenient hours and times; and shall cause the privies and cesspools within the said town or district to be from time to time emptied and cleansed in a sufficient and proper manner: Provided, always, That the occupier of any house or tenement within the limits of these regulations may keep and remove any such soil, ashes, or rubbish as shall be kept for manure, so that the same be not a nuisance to the inhabitants residing near such premises; and that the same be removed at such times and in such manner as shall be approved of by the council.
XIX. The council may compound for such time as they think fit with any person liable to sweep or clean any footway, under the provisions of these regulations, for sweeping and cleaning the same in the manner directed by these regulations.
XX. If any building or wall be deemed by the surveyor of the council to be in a ruinous state, and dangerous to passengers or to the occupiers of the neighborhood, such surveyor shall immediately make complaint thereof to the consul of the nation of the person or persons to whom the building belongs, and it shall be lawful for such consul to order the owner, or in his default the occupier (if any) of such building, wall, or other thing, to take down, rebuild, repair, or otherwise secure to the satisfaction of such surveyor, within a time to be fixed by such consul, and in case the same be not taken down, repaired, rebuilt, or otherwise secured in such manner as shall be requisite, and all the expenses of putting up every such fence, and of taking down, repairing, rebuilding or securing such building, wail, or other thing, shall be paid by the owner or owners thereof.
XXI. If such owner or owners can be found within the said limits, and if, on demand of the expenses aforesaid, he neglect or refuse to pay the same, then such expenses may be levied by distress, and the consul, on the application of the council, may issue his warrant accordingly.
XXII. If such owner cannot be found within the said limits, or sufficient distress of his goods and chattels within the said limits cannot be made, the council, after giving 28 days’ notice of their intention to do so by posting a printed or written notice in a conspicuous place on such building, or on the land where on such building stood, by giving notice in the local newspapers under the head of municipal notification, may take such building or land, sell the same by public auction, and from and out of the proceeds of such sale may reimburse themselves for the outlay incurred, or the council may sell the materials thereof or so much of the same as shall be pulled down, and apply the proceeds of such sale in payment of the expenses incurred in respect of such house or building, and the council shall restore any over plus arising from such sale to the owner of such house or building on demand; never the less, the council, although they sell such materials for the purposes aforesaid, shall have the same remedies for compelling the payment of so much of the said expenses as may remain due after the application of the proceeds of such sale as are hereinbefore given to them for compelling the payment of the whole of the said expenses.
XXIII. The council may give notice to the occupier of any house or building to remove or[Page 443]alter any porch, shed, projecting window, step, cellar, cellar-door or window, sign, sign post, sign-iron, show-board, window-shutter, wall, gate or fence, or any other obstruction or projection erected or placed against or in front of any house or building within the limits of the settlement, and which is an obstruction to the safe and convenient passage along any street, and such occupier shall, within 14 days after the service of such notice upon him, remove such obstruction or alter the same in such manner as shall have been directed by the council, and in default thereof shall be liable to a penalty not exceeding $10, and the council in such case may remove such obstruction or projection, and the expense of such removal shall be paid by the occupier so making default, and shall be recoverable as damages: Provided always, That in the case in which such obstructions or projections were made or put up by the owner, the occupier shall be entitled to deduct the expense of removing the same from the rent payable by him to the owner of the house or building.
XXIV. No person shall obstruct the public roads or foot-paths with any kind of goods or building materials under a penalty of $1.0 for every 24 hours of continued obstruction, and after the first 24 hours’ notice of removal shall have been given to the owner of the same or the person using, employing, or having control over the same; or in the absence of any such person, or inability on the part of the agents of the council, shall remove the same and retain the same until the expense of such removal shall have been repaid, or may recover the expense of such removal or damages, and may after such recovery sell the same, holding the balance, if any, after payment of penalties, expenses and costs, to the use of the person entitled to the same. And it shall be competent to the council to. charge for holdings, scaffoldings placed round buildings in course of erection, interfering with the public highways, on a scale to be hereafter fixed at a meeting of the electors.
XXV. All occupiers of land and houses shall cause the foot-pavements in front of their houses to be swept and cleansed whenever occasion shall require, and after the receipt of notice served upon them. And they shall also cause to be s wept and cleaned all gutters, surface drains in the front, side or rear of their premises, and remove all accumulations of soil, ashes or rubbish, and every such occupier making default herein shall for every offence be liable to a penalty of $5. And for the purpose aforesaid, when any house shall be let in apartments, the person letting the same shall be deemed the occupier.
XXVI. The council may, from time to time, fix the hours within which only it shall be lawful to empty privies, or remove offensive matter, within the limits of the settlement; and when the council have fixed such hours, and given public notice thereof, every person who within the said limits empties or begins to empty any privy, or removes along any thorough fare within the said limits any offensive matter, at anytime except within the hours so fixed; and also every person who at any time, whether such hours have been fixed by the council or not, use for any such purpose any utensil or pail, or any cart or carriage not having a covering proper for preventing the escape of the contents of such cart, or of the stench thereof, or who wilfully slops or spills any such offensive matter in the removal thereof, or who does not carefully sweep and clean every place in which any such offensive matter has been placed, or unavoidably slopped or spilled, shall be liable to a penalty not exceeding §10, and in default of the apprehension of the actual offender, the driver, or person having the care of the cart or carriage employed for any such purpose, shall be deemed to be the offender.
XXVII. No person shall suffer any offensive, waste or stagnant water to remain in any cellar, or other place within any house belonging to or occupied by him, so as to be a nuisance, within or upon any waste land belonging to or in his occupation within the boundaries of the settlement, so as to be a nuisance; and every person who shall suffer any such water to remain for 48 hours after receiving notice of not less than 48 hours from the council to remove the same, and every person who allows the contents of any privy or cesspool to overflow or soak therefrom, to the annoyance of the occupiers of any adjoining property, or who keeps any pig or pigs within any* dwelling-house within the said limits so as to be a nuisance, shall for every such offence be liable to a penalty not exceeding $10, and to a further penalty not exceeding $2 for every day during which such nuisance continues; and the council may drain and cleanse out any stagnant pools, ditches, or ponds of water within the said limits so as to be a nuisance, and abate any such nuisance as aforesaid, and for that purpose may enter, by their officers and workmen, into and upon any building or land within the said limits at all reasonable times, and to do all necessary acts for any of the purposes aforesaid, and the expenses incurred thereby shall be paid by the person committing such offence, or occupying the building or land where such annoyance proceeds; and if there be no occupier, by the owner of such building or land, and shall be recoverable as damages.
XXVIII. If the dung or soil of any stable, cow-house or pig-sty, or other collection of refuse matter, elsewhere than in any farm-yard, be at any time allowed to accumulate within the limits of the settlement for more than seven days, or for more than two days after a quantity exceeding one ton has been collected in any place not allowed by the council, such dung, soil, or refuse, if not removed within 24 hours after notice from any officer of the council for that purpose, shall become the property of the council, and they, or any person with whom they have at the time any subsisting contract for the removal of refuse, may sell and dispose of the same, and the money thence arising shall be applied towards the purposes of the council, or they may recover the expense of such removal from the occupier of the building orland as damages.[Page 444]
XXIX. If any officer of health, or if for the time being there be no officer of health, any two surgeons or physicians, or one surgeon and one physician, residing within the limits of the settlement, certify under his or their hands to the council that any accumulation of dung, soil or filth, or other noxious or offensive matter within the said limits, ought to be removed as being injurious to the health of the inhabitants, the secretary of the council shall forthwith give notice to the owner or reputed owners of such dung, soil or filth, or to the occupier of the land where the same are, to remove the same within 24 hours after such notice; and in ease of failure to comply with such notice, the said dung, soil or filth, shall thereupon become vested in the council, and they, or any person with whom they have at that time contracted for the removal of all such refuse, may sell and dispose of the same, and the money thence arising shall be applied towards the purposes of the council, and they may recover the expense of such removal from such occupier or owner in the same manner as damages.
XXX. If at any time the officer of health, or if for the time being there be no officer of health, any two surgeons or physicians, or one surgeon and one physician, residing within the said limits, certify under his or their hands to the council that any house, or part of any house or building within the limits of the settlement, is in such a filthy or unwholesome condition that the health of the inmates or of the neighbors is thereby affected or endangered, or that the whitewashing, cleansing or purifying of any house or building, or any part thereof, would tend to prevent or check infectious or contagious disease therein, or that any drain, privy or cesspool, is in such a defective state that the health of the neighbors is thereby affected or endangered, the council shall order the occupier of such house or part thereof to whitewash, cleanse and purify the same, and the owner of such drain, privy or cesspool to amend the condition thereof in such manner and within such time as the council deem reasonable; and if such occupier or owner do not comply with such order he shall be liable to a penalty not exceeding $10 for every day’s neglect thereof; and in such case the council may cause such house or any part thereof to be whitewashed, cleansed and purified, or the condition of such drain, privy or cesspool, to be amended, and may recover the expense thereof from such occupier or owner in the same manner as damages.
XXXI. If any candle-house, melting-house, melting-place, or soap-house, or any slaughter house, or any building or place for boiling offal, or blood, or for boiling or crushing bones, or any pig-sty, necessary-house, dung-hill, manure heap, or any manufactory, building, or place of business within the limits of the settlement, be at any time certified to the council by the inspector of nuisances, or officer of health; or if for the time being there be no inspector of nuisances or officer of health, by any two surgeons and physicians, or one surgeon and one physician, to be a nuisance or injurious to the health of the inhabitants, the council shall direct complaint to be made before the council of the nation of the person by or on whose behalf the work complained of is carried on, and such consul shall inquire into such complaint, and may, by an order in writing under his hand, order such person to dis continue or remedy the nuisance within such time as to him shall appear expedient: Provided always, That it appear to such consul that in carryiug on any business complained of, the best means then known to be available for mitigating the nuisance, or the injurious effects of such business, have not been adopted, they may suspend their final determination, upon condition that the person so complained against shall undertake to adopt within a reasonable time such means as the said consul shall judge to be practicable, and order to be carried into effect for mitigating or preventing the injurious effects of such business.
XXXII. Every occupier of any building or land within the said limits, and every other person who refuses to permit the said scavengers to remove such dirt, ashes, or rubbish, as by these by-laws they are authorized to do, or who obstructs the said scavengers in the performance of their duty, shall, for every such offence, be liable to a penalty not exceeding $25.
XXXIII. No straw shed, bamboo houses, or buildings of like inflammable material, shall be erected within the settlement; nor shall contraband goods or merchandise likely to endanger life, or cause injury to individuals, such as gunpowder, saltpetre, sulphur, large quantity of spirits in bulk, petroleum, naphtha, and other explosive gases or liquids, stand on the premises of any individual, under the penalty of $250 for the first offence, and of $500, with confiscation of the goods themselves to the use of the council, for each succeeding offence. On articles of this nature being brought into the settlement immediate notice must be given by the importer, consignee, or owner thereof to the secretary of the council, whose duty it will be to assign the locality or place within which such goods may be safely stored, and every refusal to obey, or disobedience of the order of the secretary in this behalf shall be visited with a penalty of $250, and a penalty of $100 for every 24 hours of continued disobedience. And such penalty, together with the preceding penalty, and all other fines and penalties declared by these by-laws, shall be recoverable in a summary manner before the consul or court having jurisdiction over the offender or defaulter.
XXXIV. No foreigner or Chinese shall vend spirits or liquors of any kind or description, or open a house of public entertainment, music hall, theatre, circus, or dancing saloon within the limits of the settlement, without a license first obtained from the council, and in the case of foreigners countersigned by the consul of the nationality to which the applicant belongs, and upon good and sufficient security given for the maintenance of order in such [Page 445] establishment, and in respect of such licenses the council may charge on such scale as may be authorized at the lawful meetings held under the regulations:
For every wine and spirit shop, annually.
For every beer shop, annually.
For a house of entertainment, hotel, or tavern, annually.
Music hall, for every night open.
Theatre, for every night open.
Circus, for every night open.
Dancing saloon, for every night open.
And any person opening or keeping, or holding any such shop, store, house of entertainment, music hall, theatre, circus, or dancing hall, without having first obtained the license of the council, shall, over and above the cost of the license and summons, be liable to a fine not exceeding $50.
XXXV. All persons firing guns or pistols, causelessly creating a noise or disturbance, and all persons guilty of furious or improper riding or driving, or the leading of horses up and down any thoroughfare for exercise, or who shall commit any act which may legitimately come within the meaning of the term nuisance, shall be liable to a penalty of $10.
XXXVI. All persons driving carriages or carts of any description between one hour after sunset and one hour before sunrise must affix lighted lamps to their vehicles, under penalty of five dollars for each omission.
XXXVII. No person within the limits of the settlements, except consular officers and the officers of the council duly authorized, and military and naval officers, or volunteers, or soldiers, or soldiers of any government force in uniform or on duty, shall, under any pretence, carry offensive or defensive arms, such as guns, pistols, swords, daggers, loaded sticks, slung shots, knives, or any weapon of like character, under a penalty not exceeding $10, or one week’s imprisonment, with or without hard labor: Provided, That nothing in this by-law be construed to extend to the carrying of fowling-pieces for the purpose of shooting game.
XXXVIII. It shall be lawful for any officer or agent of the council, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offence against the provisions of these by-laws, and whose name and residence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before his proper consul, without any warrant or other authority than these by-laws.
XXXIX. If any such nuisance, or the cause of any such injurious effects as aforesaid, be not discontinued or remedied within such time as shall be ordered by the said consul, the person by or on whose behalf the business causing such nuisance is carried on, shall be liable to a penalty not exceeding $25 for every day during which such nuisance shall be continued or unremedied after the expiration of such time as aforesaid.
XL. Nothing in these by-laws contained shall be construed to render lawful any act or omission on the part of any person which is or would be deemed to be a nuisance at common law, from prosecution or action in respect thereof, according to the forms of proceeding at common law, nor from the consequences upon being convicted thereof.
XLI. Every penalty or forfeiture imposed by these by-laws, made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before the proper consular representative, and it shall be lawful for such consular representative, upon conviction, to adjudge the offender to pay the penalty or forfeiture incurred, as well as such costs attending the conviction, as such consular representative shall think fit.
XLII. These by-laws shall be printed, and the secretary of the consul shall deliver a printed copy thereof to every rate-payer applying for the same, without charge; and a copy thereof shall be hung up in the front or in some conspicuous part of the principal office of the council.
- Under these regulations, voting by proxy is practically prevented, as the rate-payer must be present.↩