Directory_and_Chronicle_1909 — Page 420

Directories & Chronicles 香港指南 All

320

Objections to evidence.

Witnesses may be kept out of Court.

Validity in evid- ence of seals and signatures.

Notes of evidence.

Documents to be transmitted on report or

RULES OF SUPREME COURT

21. All objections to the reception of evidence shall be made when the evidence is offered, and shall be argued and decided at the time, and the Court shall, unless it shall consider it to be frivolous, take a note of every objection and the decision thereon.

22. In every case the Court may order witnesses to be kept out of Court and out of hearing; this, however, does not apply to the parties in any case.

23. Every signature or seal affixed to any instrument purporting to be the signature of the Judge of any Court, or of any Consular officer, or to be the seal of any of His Majesty's Courts in China or Corea, shall, without any proof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved.

24. (1.) Notes of evidence should generally be taken by the Court in a narrative form, but any question and answer may be set down at length if it appear necessary to do so.

(2.) No person is entitled as of right, at any time or for any purpose, to inspect or to take a copy of the notes of evidence of the Court. But the Court may give permission for this to be done if it thinks fit.

Cases reported or transferred to Supreme Court.

25. Where a civil case is reported or transferred to the Supreme Court, the following documents, or certified copies thereof, are to be transfer of case. forwarded under cover to the Registrar of the Supreme Court:-

The Summions.

Jury lists.

Number of Jury.

Number of jurors to be summoned.

Juries in civil actions.

Minutes of Evidence (if any) taken by the Provincial Court.

Notes of any interlocutory proceedings, accompanied by a short statement under the hand of the Court of the reasons (if any) for which it is deemed necessary to report the case, and, if possible, a suggestion of the time when it may be most convenient for parties and witnesses to attend the Supreme Court.

Juries and Assessors.

26.-(1.) The jury list for each district shall be revised and settled in the month of January in each year, and when settled shall be affixed in some conspicuous place in the Court, and be there exhibited during not less than two months.

(2.) The list, as settled, shall be brought into use in every year on the 1st of February and shall be used as the jury list of the district tor the twelve months then next ensuing.

(3.) The rate of gross income for a juror's qualification shall be 501. per annum.

27.--In trials for capital offences before the Supreme Court at Shanghai the jury shall consist of twelve jurors; in all other cases, civil and criminal, five jurors.

28.-When there is to be a hearing with a jury, the Court shall summon such number of persons comprised in the jury list, not less than thirty of the trial is at Shanghai for a capital offence, nor less than twelve in any other case, as may seem requisite.

29.-(1.) The remuneration of each juryman in a civil action shall ordinarily be at the rate of 10s. for each day, but the Court, if it thinks that owing to the importance of the case or the length of time occupied at each sitting a larger sum ought to be paid, may order a sum not exceeding 11. a day to be paid to each juryman.

(2.) in a civil action to be tried before the Supreme Court, a party demanding a jury shall, on filing the demand, deposit in Court for the

Page 420Page 421

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.