Directory_and_Chronicle_1887 — Page 1065

THE SIAM ORDER IN COUNCIL, 1886.

329

conflict with this Order, and not otherwise. Subject to the provisions of the afore- said Orders, the civil and criminal jurisdiction aforesaid shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the Common Law, the Rules of Equity, the Statute Law, and other law for the time being in force in and for England, and with the powers vested in and according to the principles of procedure and practice observed by and before the Courts of Justice and Justices of the Peace in England, according to their respective jurisdictions and authorities.

Every criminal case tried in Siam before a Judge of the Supreme Court of the Straits Settlements, acting under clause 14 of the Siam Order in Council of 1884, if the defendant so requires, in manner prescribed by any Rules to be made under this Order, shall be tried before a jury. Every male British subject resident in Siam being of the age of twenty-one 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 of treason or felony, or convicted of any crime that is infamous (unless he has obtained a free pardon), shall be qualified to serve on a jury. All persons so qualified shall be liable so to serve except the following:-(a.) Persons in Her Majesty's Diplomatic, Consular, or other Civil Service in actual employment ; (b.) Officers, clerks, keepers of prisons, messengers, and other persons attached to or in the service of any of Her Majesty's Courts; (c.) Officers and others on full pay in Her Majesty's army or navy, or in actual employment in the service of any department connected therewith; (d.) Clergymen and ministers of religion in the actual discharge of professional duties; (e.) Physicians, surgeons, and apothecaries in actual practice, and (f.) Persons disabled by mental or bodily infirmity.

On or before the fourteenth day of January in the year one thousand eight hundred and eighty-seven, and in every subsequent year, Her Majesty's Consular Court at Bangkok shall make out a list of the persons so qualified and liable resident within its district. The list shall on or before the twenty-first day of the same. 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 seventh or later than the fourteenth day of the following 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 apppearing 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 such notice to him as the Court thinks fit. The list shall be finally revised and settled not later than the twenty-first day of February in the year one thousand eight hundred and eighty-seven, and 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 on the first day of March in the year one thousand eight hundred and eighty-seven, and in every subsequent year, and in every case shall be used as the Jury List of the Court until the first day of March next after the time of its being brought into use. When, in pursuance of this Order, a jury is required, the Court shall summon so many of the persons comprised in the Jury List as seems requisite. Any persons failing to attend according to such summons shall be liable to such fine, not exceeding fifty dollars, as the Court thinks fit to impose, but such fine shall not 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 pay the fine or to file an affidavit excusing his non-attendance (if he desires to do so). The Court shall consider the affidavit, and may, if it thinks fit, remit the fine. A jury shall consist of five jurors. No challenges shall be allowed except for cause shown to the satisfaction of the Court. No Grand Jury shall be summoned. A jury shall be required to give an unanimous verdict.

Every Consular Court shall have and may exercise for and within its own dis- trict all the powers, rights, and duties appertaining to the office of Coroner in Eng-

Page 1065Page 1066