EXTRATERRITORIALITY  199
In  a  “  concession,”  such  as  those  at  Tientsin,  Hankow,
or  Canton,  this  Chinese  court  for  mixed  cases  sits  at  the
Consulate  of  the  lessee  power,  and  the  assessor  is  invariably
the  Consul  of  that  power  or  his  representative,  irrespective
of  the  actual  nationality  of  the  plaintiff.  To  allow  any
other  assessor  would  admit  an  imperium  in  imperio,  subsidiary ­
  to  the  foreign  imperium  already  interjected  into  the
Chinese  imperium  ;  besides,  as  Chinese,  other  than  employés
of  the  foreign  residents,  are  not  permitted  to  live  on  the
“  concession  ”  of  the  old  type,  the  cases  appearing  before
such  a  court  are  generally  only  police  cases,  and  defendants
in  civil  suits  must  ordinarily  be  sought  on  Chinese  soil.
Shanghai  has  a  problem  all  its  own.  There,  living
within  common  municipal  limits,  and  those  the  limits  of  the
“  area  reserved  for  foreign  residence  and  trade,”  are  (in  1905)
12,328  treaty-power  foreigners,  and  535,500  Chinese,  in
addition  to  somewhat  over  100,000  Chinese  living  in  the  city
or  its  suburbs  under  purely  Chinese  jurisdiction  ;  and  legal
action  against  one  of  the  half-million  Chinese  is  taken  before
the  nineteenth  of  the  courts  of  competent  jurisdiction  existing ­
  in  Shanghai.  This  Mixed  Court  is  presided  over  by
an  official  with  the  rank  of  Deputy  Prefect  (the  present  incumbent ­
  has  lately  received  the  substantive  rank  of  Prefect),
with  two  Assistant  Magistrates  to  relieve  him.  The  foreign
assessors  are  an  essential  part  of  this  court,  and  are  supplied
in  rotation  by  the  American,  British,  and  German  Consulates  ;
when  a  person  of  other  nationality  than  that  of  the  sitting
assessor  appears  as  plaintiff  or  is  interested  in  a  police  case,
the  case  is  remanded  until  an  assessor  of  his  own  nationality
can  sit,  either  (if  one  of  the  three)  in  due  rotation,  or  (if  of
another  power)  until  an  assessor  can  be  supplied  from  his
own  Consulate.
In  criminal  cases,  in  which  by  Chinese  law  the  death
penalty  is,  or  might  be,  inflicted—such  as  homicide,  rebellion,
counterfeiting,  rape,  etc.—the  proceedings  take  the  form  of
a  demand  for  extradition  ;  and,  upon  a  prima  jade  case
being  made  out,  the  defendant  is  remitted  to  the  custody
and  judgment  of  the  Shanghai  city  magistrate  (Hsien),  who,