CO129-109 - Public Offices - 1865 — Page 84

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Consular

officers tem- porarily at- tached.

Provincial

Courts to be held by Con- suls or Vice-

by Acting

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notified by Her Majesty's Minister in China to the person holding office, all powers and authorities vested in that person shall continue and be deemed to have continued in as full force, --and he shall continue and be deemed to have continued entitled to all the privileges and emoluments of the office as fully, and all things done by him shall be and be deemed to have been as valid in law,--as if such warrant of revocation or new appointment had not been made.

24. One of Her Majesty's Principal Secretaries of State may, and Her Majesty's Ministers in China and Japan respectively, with the approval of the Judge of the Supreme Court in each instance first obtained, may from time to time temporarily attach to the Supreme Court any persons holding appointments as Consuls or Vice-Consuls.

Every person so attached shall discharge such duties in con- nexion with the Court as the Judge from time to time, with the approval of one of Her Majesty's Principal Secretaries of State, directs, and shall have the like power and authority as the Assistant Judge or Law Secretary has, according as in each case the nature of the duties directed to be discharged by the person so attached may require.

IL-THE PROVINCIAL COURTS.

25. Each of Her Majesty's Consuls-General, Consuls, and Vice-Consule (holding a commission as such from Her Majesty) resident in China or in Japan (with the exception of Her Consuls (com- Majesty's Consul at Shanghai, and with such other exceptions missioned); or as one of Her Majesty's Principal Secretaries of State at any Consuls or time thinks fit to make),- or any person acting temporarily, Vice-Consuls. with the approval of one of Her Majesty's Principal Secretaries of State, or of Her Majesty's Minister in China or in Japan, as and for a Consul-General, Consul, or Vice-Consul, so commis- sioned as aforesaid,-shall, for and in his own Consular district, hold and form a Court styled Her Britannic Majesty's Court at [Canton, or as the case may be],-hereafter in this Order called a Provincial Court.

Seal.

Qualification of jurors.

Each Provincial Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.

IV.-JURIES.

ASSESSORS.

26. Every male British subject resident in China or in Japan, -being of the age of 21 years or upwards,-being able to speak and read English, having or earning a gross income at the rate of not less than 250 dollars a year, not having been attainted

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of treason or felony, or convicted of any crime that is infamous (unless he has obtained a free pardon), and not being under outlawry,-shall be qualified to serve on a jury.

27. All persons so qualified shall be liable so to serve, except Exemptions. the following:

Persons in Her Majesty's Diplomatic, Consular, or other

Civil service in actual employment;

Officers, clerks, keepers of prisons, messengers, and other persons attached to or in the service of any of Her Majesty's Courts;

Officers and others on full pay in Her Majesty's Navy or Army, or in actual employment in the service of any Department connected therewith;

Persons holding appointments in the Civil service, and Com- missioned Officers in the Naval or Military service, of the Emperor of China or of the Tycoon of Japan;

Clergymen and ministers in the actual discharge of profes-

sional duties;

Advocates and attorneys in actual practice;

Physicians, surgeons, and apothecaries in actual practice;

and except persons disabled by mental or bodily infirmity.

28. On or before the 14th day of September in the year Making of 1865, and on or before the 14th day of January in every sub- jury list. sequent 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 respec- tive 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

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