Directory_and_Chronicle_1899 — Page 236

Ordinary original

jurisdiction of Supreme Court.

Jurisdiction of Provincial Court.

Concurrent

jurisdiction

Provincial

186

ORDER IN COUNCIL

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, be vested exclusively in the Supreme Court as its ordinary original jurisdiction.

36. All Her Majesty's jurisdiction, civil and criminal, exercisable in China, beyond the district of the Consulate of Shanghai and not under this Or er vested exclusively in the Supreme Court,

shall to

the extent and in the manner provided by this Order be vested in the

rovincial Courts, each for and within its own district.

37. The Supreme Cour: shall have, in all matters civil and of Supreme with criminal, an extraordinary original jurisdiction throughout China,

concurrent with the jurisdiction of the several Provincial Courts, such extraordinary jurisdiction to be exercised subject and according to the provisions of this Order.

Courts.

Visits to Provincial Courts.

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 Supreme Court. 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 by Provincial to

Court of Record.

Barristers, attorneys,

and solicitors.

Consul at Shanghai

to be Sheriff.

Execution by

of writs, &c.,

from Supreme

Court.

The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding a::vthing 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.

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

42. Her Majesty's Consul at Shanghai shall have all the powers and authorities of the Sheriff of a county in England, with all the privileges and immunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences inade 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 issuing from the Supreme Court and directed to the Provincial Court, and may take security from any person named therein for his appearance 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.