CO129-486 - Public Offices - 1924 — Page 137

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Real of the Supreme or Provincial Court (as the case may be) may be substituted for any other seal; and in case any difficulty occurs in the application it shall be lawful for a Secretary of State to direct by, to, or before whom and in what manner anything is to be done, and such Act, Law, Order, form, regulation, or pro- cedure shall be construed accordingly.

Where under any such Imperial Act, Law, or Order any publi- cation is required to be made, as respects any judicial proceeding, in any Gazette or otherwise, such publication shall in China be made in such newspaper or by such other mode as the Court shall think fit to direct.

(iv) Jurors and Assessors.

36. (1) Every male resident British subject who is of the age of 21 years or upwards, possesses a competent knowledge of the English language, has or earns a gross income at such rate as may be fixed by Rules of Court, has not been attainted of treason or felony, or convicted of any crime that is infamous (unless he has obtained a free pardon), and is not under outlawry, shall be qualified to serve on a jury.

(2) All persons so qualified shall be liable so to serve, except the following persons, who shall nevertheless be competent to serve, that is to say-

Persons in His Majesty's Diplomatic, Consular or other Civil Service, in actual employment;

Officers, clerks, messengers, and other persons attached to or in the service of the Court;

Officers and others on full pay in His Majesty's navy or army, or in actual employment in the service of any Depart- ment connected therewith;

Persons holding appointments in the civil, naval, or mili- tary service of China;

Members of a Municipal Council established in any British or International Concession or Settlement, and any person serving as a salaried member of a police force or fire brigade maintained by such a Council;

Clergymen and other ministers of religion 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 such number of jurors, not more than twelve nor less than five, as may be determined in accord- ance with Rules of Court; and in such Rules different provisions may be made with respect to the several places at which the Supreme Court may sit, regard being had to the number of available jurors and any other considerations.

(4) 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.

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(5) A jury shall be required to give an unanimous verdict; provided that, with the consent of parties, the verdict of a majority may be taken in civil cases.

37.-(1) An Assessor shall be a competent and impartial British subject, of good repute, nominated and summoned by the Court for the purpose of acting as Assessor.

(2) In the Supreme Court there may be one, two, or three Assessors, as the Court thinks fit.

(3) In a Provincial Court there shall ordinarily be not fewer Where, however, than two and not more than four Assessors.

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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 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,

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38.-(1) Any person failing to attend as juror or Assessor according to a summons shall be deemed guilty of tempt of Court, and shall be liable to a fine not exceeding £10, but a person shall not be liable to fine for non-attendance unless he is resident in the Consular district in which the Court sits.

(2) No such fine shall 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 or reduce the fine.

PART III-CRIMINAL MATTERS.

39.-(1) Except as regards offences made or declared such by this or any other Order relating to China, or by any Rules or Regulations made under any Order :--

Any act that would not by & 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 jurisdic- tion under this Order shall, as far as circumstances admit, be exercised on the principles of and in conformity with English law

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