७४
:
Summoning
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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, and attendance the Court shall summon so many of the persons comprised in the of jurors.
jury list, not fewer than fifteen, as seem requisite.
Penalty.
Number of jury.
Challenges.
Unanimity.
ProvincialCou-
Assessors:
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 an 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. 83. Where a Provincial Court proceeds, in pursuance of this sular Court, Order, to hear and determine any case, civil or criminal, with their number;
Assessors, the Court shall nominate and summon as Assessors qualifications; 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 any- thing 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 ouly, or without an Assessor.
and functions.
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.
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V. JURISDICTION AND AUTHORITIES OF HER MAJESTY'S
COURTS.
I-IN GENERAL.
35. All Her Majesty's jurisdiction, civil and criminal, exer- Ordinary ciseable in China, shall, for and within the district of the original Consulate of Shanghai, be vested exclusively in the Supreme of Supreme jurisdiction Court as its ordinary original jurisdiction.
Court.
36. All Her Majesty's jurisdiction, civil and criminal, ex- Jurisdiction of erciseable in China beyond the district of the Consulate of Provincial Shanghai and not under this Order vested exclusively in the Courts. 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 Concurrent criminal, an extra-ordinary original jurisdiction throughout jurisdiction of China and Japan concurrent with the jurisdiction of the supreme with several Provincial Courts, such extra-ordinary jurisdiction Courts-
to be exercised subject and according to the provisions of this Order,
Provincial
38. The Judge of the Supreme Court may, from time to Visits to Pro- time, visit in a magisterial or judicial capacity any Provincial vincial Courts. 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.
vincial to
39. A Provincial Court may, of its own motion, or on the Reference of application of any person concerned, report to the Supremne case by Pro- Court the pendency of any case, civil or criminal, which appears Supreme Court. 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 (notwith- standing 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 Courts of respective jurisdiction, be a Court of Record.
Record.
41. The Judge of the Supreme Court may from time to time Barristers, admit fit persons to practise in the Supreme Court as barristers, attorneys, and attorneys, and solicitors, or in any of those capacities.
solicitors.
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