Directory_and_Chronicle_1894 — Page 197

160

Challenges.

Unanimity.

Provincial

Consular

Court,— Assessors, their number; qualifications

and functions.

Ordinary original

jurisdiction of

ORDER IN COUNCIL

31. 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.

32. A jury shall be required to give an unanimous verdict.

33. Where a Provincial Court proceeds, in pursuance of this Order, to hear and determine any case, civil or criminal, with Assessors, the Court shall nominate and summon as Assessors, not less than two and not more than four indifferent British subjects of good repute, resident 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 Order) sit without an Assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor.

34. An Assessor shall not have voice or vote 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 of proceedings his dissent and the grounds thereof; and an Assessor dissenting shall be entitled to receive gratis a certified copy of the minutes.

V.-JURISDICTION AND AUTHORITIES OF HER MAJESTY'S COURTS. I.-In General.

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

jurisdiction.

Jurisdiction of Provincial Court.

Concurrent jurisdiction

of Supreme with Provincial Courts.

Visits to Provincial Courts.

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

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

38. The Judge of the Supreme Court may, from time to time, visit in a magisterial or judicial capacity any Provincial Court, and there 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 Judge or the Law 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 motion, or on the application by Provincial to of any person concerned, report to the Supreme Court the pendency of any case, civil or criminal, which appears to the Provincial Court fit to be heard and determined by the Supreme Court.

Reference of case

Supreme Court.

Courts of Hecord.

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 jurisdiction, be a Court of Record.