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 "Reswick 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 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 apon 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. JAMES HOGG, Chairman. T. HANBURY, WM. PROBST, GEORGE TYSON, SHANGHAI, January 22, 1866. Members of Committee. LAND REGULATIONS.. 1. Boundaries and limits defined. 2. Mode of acquiring land. 3. Final settlement and title deeds. 4. Registration of land and charges thereon. 6. Land surrendered to public use. 9. Road and jettees, assessment on land and 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 be recovered. Land Regulations. PREAMBLE. 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 1866. day of REGULATIONS. 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 Rouen, 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-King-Pang; to the west, the temple of Kwan-te and the bridge of the 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 Yangtsze-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 public 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 the 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 Eseparate agreement, it being contrary to the custom of the Chinese to include them in the agreement or deed of sale. 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 execu-tion. V. That all tranfers of land shail 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 or being out of the settle- ment, 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 aud 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 goverment, 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 soou 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 onetwentieth 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 transshipped 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 hereinbefore 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 sec |