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CHINA AND JAPAN ORDER IN COUNCIL, 1878
Supreme Court for China and Japan.
4.-(1.) There shall be a Chief Justice and an Assistant-Judge of the Supreme Court of China and Japan.
(2.) The Assistant-Judge shall be the Registrar of the Supreme Court; and the office of Law Secretary of the Supreme Court is hereby abolished.
(3.) The Assistant-Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Supreme Court, as the Chief Justice from time to time, by general order or otherwise, directs; and for that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Chief Justice.
(4.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rebearing before the Chief Justice, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.
(5.) If, on any such rehearing, there is a difference of opinion between the Chief Justice and the Assistant Judge, the opinion of he Chief Justice shall prevail.
(6.) Throughout the China and Japan Order in Council, 1865, and the Rules made thereunder, the Chief Justice of the Supreme Court shall, as regards China, be deemed to be therein substituted for the Judge of the Supreme Court.
(7.) There shall be attached to the Supreme Court a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.
Court of Japan.
5.—(1.) There shall be in and for Japan à Court styled Her Britannic Majesty's Court for Japan.
(2.) The Court for Japan shall have a seal, bearing its style and such device as the Secretary of State from time to time directs.
(3.) The Court for Japan shall hold its ordinary sitting at Kanagawa, or, on emergency, at any other place within the district of the Consulate of Kanagawa, but may at any time transfer its ordinary sittings to any place in Japan approved by the Secretary of State or by Her Majesty's Minister in Japan.
(4.) There shall be a Judge and an Assistant-Judge of the Court for Japan.
(5.) The Assistant-Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Court, as the Judge from time to time by general order, or otherwise, directs; and for that purpose the Assistant-Judge shall have all the like jurisdiction, power, and authority as the Judge.
(6.) Any party to a suit or proceeding wherein any matter or question is beard and determined by the Assistant-Judge -hall be entitled, as of course, to a rehearing before the Judge, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.
(7) If, on any such rehearing, there is a difference of opinion hetween the Judge and the Assistant-Judge, the opinion of the Judge shall prevail.
(8.) In Japan, persons accused of crimes which in England are capital shall be tried by the Judge of the Court for Japan, with a jury, and not otherwise.
(9.) There shall be attached to the Court for Japan a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.
Jurisdiction in Japan.
6.-(1.) Her Majesty's Consul for the district of the Consulate of Kanagawa shall cease to hold and form a Provincial Court.
(2.) Unless and until the Secretary of State otherwise directs, Her Majesty's Consul for the time being for the district of the Consulate of Kanagawa shall be the Assistant-Judge of the Court for Japan.
(3.) All Her Majesty's jurisdiction, civil and criminal, exercisable in Japan shall, for and within the district of the Consulate of Kanagawa, be vested in the Court for Japan as its ordinary jurisdiction.
(4.) All Her Majesty's jurisdiction, civil and criminal, exercisable in Japan beyond the district of the Consulate of Kanagawa, and not under this Order vested
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