Directory_and_Chronicle_1885 — Page 704

H. B. M. SUBJECTS IN CHINA AND JAPAN.

7

31. In civil and in criminal cases the like ehall nges shall be allowed Challengea, 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.

Unanimity.

Comania

38. Where a Provincial Court proceeds, in pursuance of this Order, Provincial to hear and determine any case, civil or criminal, with Ass:550rs, the Court Court shall nominate and summon as Assessors, not less than two and Aero

their number; not more than four indifferent British subjects of good repute, resident qualificatoa 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 reason the Court is not able to obtain the presence of any fit person as Assessor, the Court may (notwithstanding anything in this Orler) kit without an Assessor; but in every snel ee the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an ÂmusBOP,

34. An Aes sesor shall not have voice or vote in the decision of the and functions, Court in any case, civil or criminal; but an Asensor dissenting in a civil case from any decision of the Court, or in a criminal case from any docision of the Court, or the conviction, or flamomt of punishment awarded, may record in the minutes of proceedins his dissent and the grounds thereof; and an Asessor dissenting shall be entitled to receive gratis a certified copy of the minutoa.

V. JURISDICTION AND AUTHORITIES OF Her Marzsty's Courts.

L-In General.

jurisdiction of

35. All For Majesty'a jurisdiction, civil and crimanal, exercisable in Ordinary China, shall, for and within the district of the Consulate of Shanghai, original be vested exclusively in the Supreme Court as its ordinary original Supreme Court, jurisdiction.

Provincial

36. All Her Majesty's jurisdiction, civil and criminal, exercisable in Juristichon o China, beyond the district of the Consulate of Shanghai and not under Court. this Onder vested exclusively in the Supreme Court, and all Her Majesty's jurisdiction, civil and criminal, éxercisable 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 Court, each for and within its own district.

jurisdiction

37. The Supreme Court shall here, in all matters civil and Concurrent criminal, an extraordinary original jurisdiction throughout China and of Supreme with Japan, concurrent with the jurisdiction of the several Provincial Courts, Poincial such extraordinary jurisdiction to be exercised subject and according to the provisions of this order,

**Courts.

Provincial

88. The Judge of the Supreme Court may, from time to time, visit Visits to in a magisterial or judicial capacity any Provincial Court, and there courts. 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 Julge or the Taw 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 mustion, or on the application Reference of casa- of any person concerned, report to the Supreme Court the pendency of Provincial to any case, civil or criminal, which appears to the Provincial Court fit to be heard and determined by the Supreme Court.

Supreme Court,

The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding 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 Courts of jurisdiction, be a Court of Record.

Fecord.