RULES OF SUPREME COURT IN CHINA
21. All objections to the reception of evidence shall be made when Objections to the evidence is offered, and shall be argued and decided at the time, and evidence. the Court shall, unless it shall consider it to be frivolous, take a note of every objection and the decision thereon.
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be kept out of
22. In every case the Court may order witnesses to be kept out of Witnesses may Court and out of hearing; this, however, does not apply to the parties in Court. any case.
ence of seals and
23. Every signature or seal affixed to any instrument purporting to Validity in evid- be the signature of the Judge of any Court, or of any Consular officer, signatures. or to be the seal of any of His Majesty's Courts in China or Cores, shall, without any proof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved.
evidence.
24.-(1.) Notes of evidence should generally be taken by the Court Notes of 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.
transmitted on
25. Where a civil case is reported or transferred to the Supreme Documents to be Court, the following documents, or certified copies thereof, are to be report or forwarded under cover to the Registrar of the Supreme Court:-
The Summons.
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.
transfer of case
26.—(1.) The jury list for each district shall be revised and settled Jary lists. 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 for the twelve months then next ensuing.
(3.) The rate of gross income for a juror's qualification shall be 50%.
per annum.
27.--In trials for capital offences before the Supreme Court at Number of Jary Shanghai the jury shall consist of twelve jurors; in all other cases, civil and criminal, five jurors.
jurors to be
28. When there is to be a hearing with a jury, the Court shall Number of summon such number of persons comprised in the jury list, not less summoned. than thirty if the trial is at Shanghai for a capital offence, nor less than twelve in any other case, as may seem requisite.
actions.
29.—(1.) The remuneration of each juryman in a civil action shall Juries in civil ordinarily be at the rate of 108. 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
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