Directory_and_Chronicle_1895 — Page 217

ORDER IN COUNCIL

177

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 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.

shall to

Jurisdiction of

Court.

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

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·

and

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Concurrent jurisdiction of Supreme with

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

Provincial

38. 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 Judge or the Law Secretary of the Supreme Court to visit in the like capacity and for the like purpose any Provincial Court.

Supreme Court.

39. A Provincial Court may, of its own motion, or on the application Reference of case of any person concerned, report to the Supreme Court the pendency of by Provincial to any case, civil or criminal, which appears to the Provincial Court fit to be heard and determined by the 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.

Record.

40. Every Court shall, in the exercise of every part of its respective Court of jurisdiction, be a Court of Record.

Barristers,

41. The Judge of the Supreme Court may from time to time admit attorneys, fit persons to practice in the Supreme Court as barristers, attorneys, and and solicitors. solicitors, or in any of those capacities.

The Judge of the Supreme Court may from time to time, subject to the approval of one of Her Majesty's Principal Secretaries of State, make Rules for regulating the admission of persons to practise as aforesaid in Provincial Courts.

Consul at

42. Her Majesty's Consul at Shanghai shall have all the powers and Shanghai authorities of the Sheriff of a county in England, with all the privileges to be Sheriff. and immunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences made and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court.

43. Each Provincial Court shall execute any writ, order, or warrant Provincial Court

Execution by issuing from the Supreme Court and directed to the Provincial Court, of writs, &c., and take security from any person named therein for his appearance Court.

may

from Supreme personally, or by attorney, according to the writ, order, or warrant ; or may cause such person to be taken, in custody or otherwise, to the Supreme Court, or elsewhere in China or Japan, according to the writ, order, or warrant.