309
ORDER IN COUNCIL
Persons holding appointments in the civil, naval, or military service of Siam ;
Clergymen and ministers in the actual discharge of professional duties; Legal practitioners in actual practice;
Physicians, surgeons, and apothecaries in actual practice;
Persons who are over 60 years of age, or are disabled by mental or bodily infirmity.
(3.) A jury shall consist of five jurors.
(4.) In criminal cases tried with a jury, the verdict of the jury must be unanimous. In civil cases the verdict must be unanimous unless the parties otherwise agree.
(5.) No challenge shall be allowed except for cause shown to the satisfaction of the Court.
(6.) No grand jury shall be summoned.
(7.) Where there is to be a hearing with a jury, the Court shall summon so many of the persons comprised in the jury list, not fewer than nine, as seem requisite.
(8.) Any person failing to attend, according to the summons, shall be deemed guilty of a contempt of Court, and shall be liable to a fine not exceeding £10.
(9.) Any such fine shall not be levied until after the expiration of fourteen days. The
proper officer of the Court shall forthwith give to the person fined notice in writing of the imposition of the fine, and require him within six days after receipt of the notice to file an affidavit excusing non-attendance (if he desire to do so). The Court shall consider the affidavit and may, if it seems proper, remit the fine.
25.-(1.) An Assessor shall be a competent and impartial British subject of good repute, resident in the district of the particular Court, and nominated and sum- moned by the Court for the purpose of acting as Assessor.
(2.) In the Court for Siam there may be one Assessor or two Assessors, as the Court thinks fit.
(3.) In a District Court there shall ordinarily not be fewer than two, and not more than four, Assessors. Where, however, by reason of local circumstances, the Court is able to obtain the presence of one Assessor only, the Court may, if it thinks fit, sit with one Assessor only; and where, for like reasons, the Court is not able to obtain the presence of an Assessor, the Court may, if it thinks fit, sit without an Assessor, the Court in every case recording in the Minutes its reasons for sitting with one Assessor only or without an Assessor.
(4.) An Assessor shall not have any voice in the decision of the Court in any case, civil or criminal; but an Assessor dissenting, in a civil case, from
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 his dissent, and the grounds thereof, and shall be entitled to receive without payment a certified copy of the Minutes.
(5.) If any person summoned to act as Assessor fails, without lawful excuse, to attend at the trial, or at any adjournment thereof, or to continue to serve throughout the trial, he shall be liable, under a summary order of the Court, to a fine not exceeding £10.
PART III-CRIMINAL MATTERS.
26.-(1.) Except as regards offences made or declared such by this or any other Order relating to Siam, or by any Rules or Regulations made under any such Order, any act that would not by a Court of Justice having criminal jurisdiction in England be deemed an offence in England shall not, in the exercise of criminal jurisdiction under this Order, be deemed an offence, or be the subject of any criminal proceeding under this Order.
(2.) Subject to the provisions of this Order, criminal jurisdiction under this. Order shall, as far as circumstances admit, be exercised on the principles of, and in conformity with, English law for the time being, and with the powers vested in the Courts of Justice and Justices of the Peace in England, according to their respective jurisdiction and authority.
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