THE HONGKONG GOVERNMENT GAZETTE, 17TM JUNE, 1865.
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Persons holding appointments in the Civil service, and Commissioned Officers in the Naval or Military service, of the
Emperor of China or of the Tycoon of Japan;
Glergymen and ministers in the actual discharge of professional duties;
Advocates and attorneys in actual practice;
Physicians, surgeons, and aphothecaries in actual practice; and except persons disabled by mental or bodily infirmity. 28. On or before the 14th day of September in the year 1865, and on or before the 14th day of January in every subse- quent year, each Court shall make out a list of the persons so qualified and liable, resident within its district.
The list shall, on or before the 21st day of the same respective month, be affixed in some conspicuous place in the Court, and shall be there exhibited until the end of that month, with a notice annexed that on a day specified, not being sooner than the 7th or later than the 14th day of the then next month, the Court will hold a special sitting for the revision of the list.
The Court shall hold such special sitting accordingly, and at such sitting, or at some adjournment thereof (of which public notice shall be given), shall revise the list by striking out the name of any person appearing to be not qualified or not liable to serve, and by inserting the name of any person omitted and appearing to be so qualified and liable, either on the application of the person omitted, or on such notice to him as the Court thinks fit.
The list shall be finally revised and settled not later than the 21st day of October in the year 1865, and not later than the 21st day of February in every subsequent year, and when settled shall be affixed in some conspicuous place in the Court, and be there exhibited during not less than two months.
Such list, as settled, shall be brought into use in the year 1865, on the 1st day of November, and in every subsequent year on the 1st day of March, and in every case shall be used as the Jury List of the Court until the 1st day of March next after the time of its being brought into use.
29. Where, in pursuance of this Order, a jury is ordered, the Court shall summon so many of the persons comprised in the jury list, not fewer than fifteen, as seem requisite.
Any person failing to attend according to such summons shall be liable to such fine, not exceeding 50 dollars, as the Court thinks fit to impose.
Any such fine shall not be levied until after the expiration of 14 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 and affidavit excusing his non-attendance (if he desires to do so). The Court shall consider the affidavit, and may, if it seems proper, remit the fine.
30. A jury shall consist of five jurors.
31. In civil and in criminal cases the like challenges shall be allowed as in England, with this addition,—that in civil cases each party may challenge three jurors peremptorily.
32. A jury shall be required to give an unanimous verdict.
33. Where a Provincial Court proceeds, in pursuance of this Order, to hear and determine any case, civil or criminal, with Assessors, the Court shall nominate and summon as Assessors not less than two and not more than four indifferent British subjects of good repute, resident in the district of the Court.
Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as Assessor, the Court may sit with him alone as Assessor; and where for like reasons the Court is not able to obtain the presence of any fit person as Assessor, the Court may (notwithstanding anything in this Order) sit without an Assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor. 34. An Assessor shall not have voice or vote in the decision of the Court in any case, civil or criminal; but an Assessor dissenting in a civil 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, exerciseable in China, shall, for and within the district of the Consulate of Shanghai, be vested exclusively in the Supreme Court as its ordinary original jurisdiction.
36. All Her Majesty's jurisdiction, civil and criminal, exerciseable in China beyond the district of the Consulate of Shanghai and not under this Order vested exclusively in the Supreme Court, and all Her Majesty's jurisdiction, civil and criminal, exerciseable in Japan 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 Court shall have, in all matters civil and criminal, an extra-ordinary original jurisdiction throughout China and Japan concurrent with the jurisdiction of the several Provincial Courts, such extra-ordinary 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 a 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 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.
The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (not- withstanding 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 practise 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,
LEDAT ́S HANG TO.