CHINA AND JAPAN ORDER IN COUNCIL, 1878.
Supreme Court for China and Japan.
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4.-(1.) There shall be a Chief Justice and an Assistant-Judge of the Supreme Court for China and Japan.
(2.) The Assistant-Judge shall be the Registrar of the Supreme Court; and the office of Law Secretary of the Supreme Court is hereby abolished.
(3.) The Assistant-Judge shall bear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Supreme Court, as the Chief Justice from time to time by general order, or otherwise, directs; and for that purpose the Assistant-Judge shall have all the like jurisdiction, power, and authority as the Chief Justice.
(4.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant Judge shall be entitled, as of course, to a rehearing before the Chief Justice, sitting with the Assistant-Judge, or, in the unavoidable absence of the Ass stant-Judge, alone.
(5.) If, on any such reheating, there is a difference of o∙inion between the Chief Justice an the Assistant-Judge, the opinion of the Chief Justice shall prevail.
(6.) Throughout the China and Japan Order in Council, 1865, and the Rules made thereunder, the Chief Justics of the Supreme Court shall, as regards China, be deemed to be therein substituted for the Judge of the Supreme Court.
(7.) There shall be attached to the Supreme Court a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.
Court for Japan.
5.-(1.) There shall be in and for Japan a Court styled Her Britannic Majesty's Court for Japan.
(2.) The Court for Japan shall have a seal, bearing its style and such device as the Secretary of State from time to time directs.
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(3.) The Court for Japan shall hold its ordinary sittings at Kanagawa, or, on emergency, at any other place within the district of the Cousu'ate of Kanag wa, but may at any time transfer its ordinary sitings 10 any place in Japan approved by the Secretary of State or by Her Majesty's Minister in Japan.
(4.) There shall be a Judge and an A-sistant-Judge of the Court for Japan. (5.) The Assistant Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Court, as the Judge from time to time by gene al ord r, or otherwise, directs; and for that purpose the Assistant-Judge shall have all the like juris liction, power, and authority as the Judg.
(6.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rehearing before the Judge, sitting with the Assistant-Julge, or, in the unavoidable absence of the ssistant-Juge, alone.
(7.) If. on any such rehearing, there is a difference of opinion between the Judge and the Assistant Judge, the opinion of the Judge shall prevail.
(8.) In Japan, persons accused of crimes wh ch in England are capital shall be tried by the Judge of the Curt for Japan, wi h a jury, and not otherwise.
(9.) There shall be attached to the Court for Japan a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.
Jurisdiction in Japan.
6.-(1.) Her Majesty's Consu! for the district of the Consulate of Kanagawa shall cease to holi and orm a Provincial Court.
(2.) Unless and until the Secretary of State otherwise directs, Her Majesty's Consul for the time being or the district of the Consulate of Kanagawa shall be the Assistant-Judge f the Court for Jajan.
(3.) All Her Majesty's juri-diction, civil and criminal, exerciseable in Japan shall, for and within the district of the Consulate of Kanagawa, be vested in the Court for Japan as its ordinary orizin il jurisdiction.
(4.) All Her Majesty's jurisdiction, civil and criminal, exercis able in Japan beyond the district of the Co..sulate of Kanagawa, and not unler this Order vested