Ordinary
jurisdiction of
190
ORDER IN COUNCIL
case from any decision of the Court, or in a criminal case from any decision of the Court, or the conviction, or the amount of punishment. awarded, may record in the minutes of proceedings his dissent and the grounds thereof; and an Assessor dissenting shall be entitled to receive gratis a certified copy of the minutes.
V.--JURISDICTION AND AUTHORITIES OF HER MAJESTY'S COURTS I.-In General
35. All Her Majesty's jurisdiction, civil and criminal, exercisable in original China, shall, for and within the district of the Consulate of Shanghai, Supreme Court. be vested exclusively in the Supreme Court as its ordinary original
jurisdiction.
Jurisdiction of Provincial
Court.
Concurrent jurisdiction
of Supreme with Provincial Courts.
Visits to Provincial Courts.
36. All Her Majesty's jurisdiction, civil and criminal, exercisable in China, beyond the district of the Consulate of Shanghai and not under this Order vested exclusively in the Supreme Court,
shall to
the extent and in the manner provided by this Order be vested in the Provincial Courts, each for and within its own district.
37. The Supreme Cour: shall have, in all matters civil and criminal, an extraordinary original jurisdiction throughout China, concurrent with the jurisdiction of the several Provincial Courts, such extraordinary jurisdiction to be exercised subject and according to the provisions of this Order.
38. The Judge of the Supreme Court may, from time to time, visit in a magisterial or judicial capacity any Provincial Court, and there inquire of, or hear and determine, any case, civil or criminal, pending in that Court, or arising within its district,-or, from time to time, may appoint the Assistant Judge or the Law Secretary of the Supreme Court to visit in the like capacity and for the like purpose any Provincial Court. 39. A Provincial Court may, of its own motion, or on the application by Provincial to of any person concerned, report to the Supreme Court the pendency of any case, civil or criminal, which appears to the Provincial Court fit to be heard and determined by the Supreme Court.
Reference of case
Supreme Court.
Court of Record.
Barristers, attorneys,
and solicitors
Consul st Shangbai
to be Sheriff.
Execution by
of writs, &c., from Supreme
Court.
The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.
40. Every Court shall, in the exercise of every part of its respective jurisdiction, be a Court of Record.
41. The Judge of the Supreme Court may from time to time admit fit persons to practice in the Supreme Court as barristers, attorneys, and solicitors, or in any of those capacities.
The Judge of the Supreme Court may from time to time, subject to the approval of one of Her Majesty's Principal Secretaries of State, make Rules for regulating the admission of persons to practise as aforesaid in Provincial Courts.
42. Her Majesty's Consul at Shanghai shall have all the powers and authorities of the Sheriff of a county in England, with all the privileges and immunities of the office, and as such Sberiff shall be charged with the execution of all decrees, orders, and sentences made and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court. [Repealed.]
43. Each Provincial Court shall execute any writ, order, or warrant Provincial Court issuing from the Supreme Court and directed to the Provincial Court, and may take security from any person named therein for his appearance personally, or by attorney, according to the writ, order, or warrant; or may cause such person to be taken, in custody or otherwise, to the Supreme Court, or elsewhere in China or Japan, according to the writ, order, or warrant.