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Civil Jurisdiction

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Chapter Summary

This chapter examines the nature of the civil disputes that came before the Courts and assesses whether the general absence of bias against Japanese litigants seen in criminal matters applied equally in civil cases. The Supreme Court's extraordinary jurisdiction could be invoked where the Consul or one of the parties considered the dispute suitable for trial by the Supreme Court under section 39 OC1865. With the Yokohama Court's establishment, the Supreme Court's extraordinary jurisdiction became, in practice, relevant only to the outports; but, there is no evidence that it took any cases from them under this jurisdiction after Hornby's final visit in 1872. Examination of the semi-annual returns reveals that, at least in the early periods, there were concentrations of defendants. Extra-territoriality's exclusive nature caused difficulties with mixed partnerships and prevented the formation of local British joint-stock companies.

Keywords: civil disputes; Hornby; Japanese; section 39 OC1865; stock companies; Supreme Court; Yokohama Court



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