Directory_and_Chronicle_1906 — Page 338

262

Jury.

ORDER IN COUNCIL

possession, or of any Orders in Council other than this Order, are applic- able in China or Corea, or any forms, regulations, or procedure prescribed or established by or under any such Act, Law or Order, are made applic able for any purpose of this Ŏrder or any other order relating to China or Corea, such Acts, Laws, Orders, Forms, Regulations, or procedure may be construed or used with such alterations and adaptations not affecting the substance as may be necessary having regard to local circumstances, and anything required to be done by, to, or before any Court, Judge, officer, or authority may be done by, to, or before a Court, Judge, officer, or authority having the like or analogous functions, or by, to, or before any officer designated by the Secretary of State or by the Court (as the caso may require) for that purpose; and the seal of the Supreme or Provin- cial Court (as the case may be) may be substituted for any other seal, and in case any difficulty occurs in the application it shall be lawful for a Secretary of State to direct by, to, or before whom and in what man- ner anything is to be done, and such Act, Law, Order, Form, Regulation,. or Procedure shall be construed accordingly.

Where under any such Imperial Act, Law, or Order any publication is required to be made, as respects any judicial proceeding in auy Gazette or otherwise, such publication shall in China or Corea be made in such newspaper or by such other mode as the Court shall think fit to direct.

Jurors and Assessors.

32. (1) Every male resident British subject-being of the age of 21 years or upwards-having a competent knowledge of the English language-having or earning a gross income at such rate as may be fixed by Rules of Court-not having been attainted of treason or felony, or convicted of any crime that is infamous (unless he has obtained a free pardon) and not being under outlawry-shall be qualified to serve on a jury.

—

(2) All persons so qualified shall be liable so to serve, except the following persons, who shall nevertheless be competent to serve, that is to say :-

Persons in His Majesty's Diplomatic, Consular, or other Civil Ser-

vice, in actual employment;

Officers, clerks, keepers of prisons, messengers, and other persons

attached to or in the service of the Court;

Officers and others on full pay in His Majesty's navy or army, or in actual employment in the service of any Department connected therewith;

Persons holding appointments in the civil, naval, or military service-

of China or Corea ;

Clergymen and other miuisters of religion in the actual discharge

of professional duties;

Legal practitioners in actual practice;

Physicians, surgeons, and apothecaries in actual practice;

Persons who are over 60 years of age or are disabled by mental or

bodily infirmity.

(3) A jury shall consist of such number of jurors, not more than twelve nor less than five, as may be determined in accordance with Rules of Court; and in such Rules different provisions may be made with respect to the several places at which the Supreme Court may sit, regard being had to the number of available jurors and any other considerations. (4) 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.