JURORS ORDINANCE

JURORS ORDINANCE

QRDINANCE No. ; o]1845.

Jurors.

No. 7 of 184.

An Ordinance for the Rebulation of Jurors and Juries.

(19th August, 1845.

Title.
(,See .Ordinance
.1'0.4 or 1849.3

'HEREAS owing to the smallness of the population at present existing 3n
the psan,b,e.

Colony of Hongkong, very great hardship and inconvenience would been
tailed
upon such of the inhabitants thereof as are fit and qualified to act as'
jurors, by
requiring, according to the law and custom of England, the full number of
twelve
persons to constitute a jury upon the trial of civil and criminal
proceedings; Be it
therefore enacted and ordained by the Governor of Hongkong, with the
advice of nhe'
Legislative Council thereof, that all questions of fact, whether of a
civil or criminal
nature, upon which issue shall be taken in the course of any proceeding
before the
Supreme Court, and all questions of idiotcy, lunacy, or unsoundness of
mind, shall be
decided by the verdict of a jury of six men.

2. And be it further enacted and ordained, that every male person between
the
ages of twenty-one years and silty years, being of sound mind, and not
afflicted with
deafness, blindness, or other infirmity, who shall hold property in
lands, houses,
buildings, or tenements, of the monthly value of twenty-five dollars or
upwards, either
in his own right, or as tenant to any other person, or who shall be in
the receipt of an
annual salary or income of not less than one thousand dollars per annum,
['fire hundred
dollars' as amended by Ordinance Nn. 4 of 1849.] within the said Colony
of Hongkong,
and who shall reside within the same, shall be qualified and liable to
serve as a
common juror therein: Provided, that, no person holding any office or
situation of
emolument under the Government of Hongkong, nor any barrister, physician,
attorney,
or surgeon actually practising as such within the said Colony, nor any
clergyman, or.
dissenting minister, nor any officer employed in the military, or naval
service of Her
Majesty or the East India Company, shall be; or be deemed liable to-
serve as a juror in
any case.

3. And be it further enacted and ordained, that if either the plaintiff
or the
defendant in any suit or action, or the prosecutor or defendant in any
indictment or
information, other than for treason or felony, shall be desirous of
having such suit or
action, indictment or information, tried bye, special jury, (such special
jury to consist
of six men qualified as hereinafter mentioned) it shall be lawful for the
Court, upon
motion for that purpose, to order and appoint a special jury to be struck
before the
Registrar, or other officer of the Court, for the trial of any issue
joined in any of the
said cases, and triable by a jury, in such manner as is usual in England,
,or as the
Court shall direct: Pibvided that the party applying for such special
jury, and who
shall. have obtained a rule or order of the Court for that purpose,
shall, on entering
the cause .;for.-. trial, deposit with the Registrar, or other officer of
the Court, a sum
sufficient to cover the expenses of the'special jury, otherwise the said
rule or order of
the Court to be of no effect.

Number of
jurors.

(As to C.orroma
inquests see
Urdjnance No.
b ofla4l.]

Who qualified
and liable to
serve as common
jurors.

Special jury.
ORDINANCE No. ; b>? 1845.

Jurors.

Qualification of 4. And be it further enacted and'ordained, that every
male person between the
special Jurors,
ages of twenty-one years and sixty years, being of sound mind, and not
afflicted with
deafness, blindness, or other infirmity, who shall )ae an esquire or
person of higher
degree, or who shall carry on the trade or business of a banker or
merchant within
the Said Colony of Hongkong, and who shall reside within the same, shall
be
qualified and liable to serve as a special juror therein: Provided, that
no person who

is hereinbefore exempted from serving as a common juror shall be liable
to serve on

any special jury.

Sheriff to make
oat jury lists,
and transmit
same to Regis-
trar.

Penalty on
sheriff for ne
glect of duty.

5. And be it further enacted and ordained, that from and immediately
after the
publication of this Ordinance, the sheriff of the said Colony of Hongkong
shall make
or cause to be made out, two separate and distinct lists, in alphabetical
order, of all
men who shall be qualified and liable to serve as common or special
jurors as aforesaid,
setting forth the Christian and sirnames of each at full length, together
with his place
of abode, and shall sign and transmit copies of such lists to the
Registrar of the said
Supremo Court, which lists, when so transmitted, shall be called
respectively the
'Common Jurors List,' and the 'Special Jurors List,' and shall be in use
until the
first day of March, 1846.

g, And be it further enacted and ordained, that if any sheriff, or other
minister,
or officer shall wilfully insert or omit, in the lists of jurors, the
name of any man
which ought not to be so inserted or omitted, according to the lists of
jurors so to be
made out as aforesaid, or shall fail to sign arid transmit correct copies
of such lists to
the said Registrai as hereinbefore directed, or shall otherwise fail
well and truly to do
and perform all and every the acts, matters, and things, hereby required
to be by him
performed, such sheriff, or other minister, or officer shall be fined at
the discretion of
the said Court.

Jury list to he 7, And be it further enacted and ordained, that on or
before the first day of
in nee for one
year. January which will be in the year of our Lord one thousand eight
hundred and forty-
six, and on or before the first day of January in each and every,
subsequent year, the
said sheriff shall make out and transmit two fresh jury lists, in manner
and form as
hereinbefore directed; and all such fresh jury lists, when so
transmitted, shall be brought
into use the first day of March then next following, and shall continue
to be used for
one year then neat ensuing.

Order of amn
mooing juries.

Summons.

$, And be it further enacted and ordained, that whenever it shall be
requisite to
summon a jury, the sheriff shall summon the persons whose names shall
appear on the
jury list, in the order in which they shall be placed; and at the
commencement of every
year, he shall begin with the names in the new list next after the names
of the persons
who were last bummoned in the preceding year.

9, And be it further enacted and ordained, that the sheriff shall, before
the
sitting of any Court whereat a jury shall be necessary; issue summonses
according to
the form in the schedule hereunto annexed, requiring the attendance
thereat of eighteen
ORDINANCE No. ? of 1845.

Jurors.

good and lawful men qualified and liable to serve as aforesaid, and not
being of affinity
or kin to either of the parties to the suit or prosecution; and that
every such summons
shall be personally served upon, or left at the usual place of abode of
the person
summoned, two clear days before the day appointed for the sitting of the
Court.

10. And be it further enacted and ordained, that the sheriff shall also,
at the ranel.
same time, cause to be delivered to the Registrar, or clerk (as the case
may be) of the
said Court, a panel containing the names, places of abode, and additions,
of the persons
so summoned.

11. And be it further enacted and ordained, that if any juror, having
been duly' Pewityfornon:
attendance,
served with such summons, shall fail to attend, or being present, shall
not appear when
called, or after appearance shall withdraw himself without the permission
of the Court,
the said Court shall (unless some reasonable excuse be proved on oath or
affidavit, or
otherwise to the satisfaction of the Court) set upon the person so making
default such
fine, not exceeding, in the case of a common juror, the sum of one
hundred dollars,
and in the case of a special juror not exceeding the sum of two hundred
dollars, as to
the said Court shall seem meet.

12. And be it further enacted and ordained, that at the sitting of the
Cour4. the anrr to be
balloted for.
names of all the jurors summoned shall be written on separate pieces of
card or paper
of equal size and put into a box, and the Registrar or clerk of the said
Court shall, in
open Court, draw therefrom until six jurors appear, who, after all just
causes of

challenge allowed, shall remain as fair and indifferent, and the same
shall be done'

whenever it shall be necessary to form a new jury.

13. And be it further enacted and ordained, that no person who shall be
put No challenge
except for cause.
upon his trial either for treason, felony, or misdemeanour, shall be
allowed to challenge
any of the jurors except for cause.

14. And be it further enacted and ordained, that whenever there shall be'
a_ Ta4eaman,
deficiency of jurors, it shall be lawful for the Court, at the prayer of
either of-'the
parties in the cause, with or without the consent of the opposite party,
to put upon the
jury so many good and lawful men of the bystanders, as shall be
sufficient to make up
the full number thereof.

16. And be it further enacted and ordained, that the names of the persons
sworn as to Jury for
new cases.
as jurors, in manner aforesaid, shall be marked on the list; and those
names so drawn
shah be kept apart by themselves until such jury shall have given in
their verdict, and

the same shall be recorded, or until such jury shall, by order of the
Court, be discharged;
and then the said names shall be returned to the box, there to be kept
with the other
name's remaining at that time undrawn; and so often and so long as any
case remains
to be trie&- Provided always, that if any case shall be brought on to be
tried in the
said Court; b6fore the jury in any other case shall have brought in their
verdict, it
shall be lawful for the said Court to order another jury to be drawn from
the residue
of the said papers, for the trial of the case which shall be so brought
on to be tried:
How jnty, when
sworn or char-
ged with any

:rjso or, to be
PWZu

Bow jnfy to be
kept when
Ueceaeary to

oXa the,

ORDINANCE No. 7 of 1845.

Jurors.

Provided also, that where no objection shall b© Made on behalf of the
plaintiff, or
prosecutor, or on behalf of the defendant, or prisoner, it shall be
lawful for the Court
to try any case with the same jury that shall have previously tried, or
been drawn to
try, any other case, without their names being returned to the bog and
redrawn, or to.
order'Ithe name or names of any person or persons on such jury, whom both
parties
may consent to withdraw, or who may be justly challenged or excused by
the Court, to
be set aside, and another name or other names to be drawn from the bog,
and to try
the case with the residue of such original jury, and with such person or
persons whose
name or names shall be so drawn, and who shall appear and be approved as
indifferent;
and'so as often and as long as any case remains to be tried.

18. And be it further enacted and ordained, that after the jury in any
case shall
have been sworn, or charged with any prisoner, they shall be kept in some
convenient
place in Court apart by themselves, until the Chief Justice of the said
Court has

summed up the evidence, and has left the ease with the said jury; and if
any such jurd4shall desire to withdraw for the purpose of considering
their verdict, then they shall be
kept by an officer of the Court in some convenient place apart by
themselves until they
are agreed upon their verdict, or be discharged therefrom by the Court;
and the said
officer shall be sworn that he will suffer none to have access to them,
or speak to them,
and that he will not speak to them himself, except to ask whether they
are agreed upon
their verdict, or to communicate between them and the Court.

17, end be it farther enacted and ordained, that whenever it may be
necessary
for the Court to adjourn the further sitting of the said Court during the
trial of any
case, it shall be competent to the Court to direct the said jury to be
removed to some
convenient place in the neighbourhood of the Court during the said
adjournment,
under the charge of a proper officer o£ the Court.

Provision to ease 18. And be it further enacted and ordained, that if,
during the trial of any action,
of death or dta-
abillty of juror. indictment, or information, any one or more of the
jurors, not exceeding the number
of three, shall be disabled by death, illness, or bodily infirmity, from
serving on the jury,
it shall be lawful for the Court in its discretion to order the trial of
such action, indict-
ment, or information, to be proceeded with in like manner as if the full
number of
jurors had continued to serve on the jury, and any verdict returned by
the remainder
of the jurors, not being leas than three in number, shall be of equal
validity and have
the same force and effect, as if it had been returned by a jury
consisting of the full;
number o£ six jurors; or it shall be lawful for the Court to cause a new
jury to be im-
panelled, sworn, and charged with any prisoner; and the action,
indictment, or infor-
mation shall be tried as if such first jury had not been impanelled. a

In case jury
cannot agree
upon verdict.

19. And be it further enacted and ordained, that whenever the jury, in
any case
has withdrawn, and been kept apart for the purpose of considering their
verdict, and
shall not have returned the same before all the other cases for trial at
the same sittings
or sessions shall have been disposed of, and when it shall sufficiently
appear to the
ORDINANCE No. 7 OF 1845.

Jurors.

Court that the said jury cannot agree upon a verdict, the Court shall
discharge such
jury, and shall cause a new jury to be impanelled, and sworn, and charged
with any
prisoner, and the action, indictme4t, or information shall be tried as if
such first jury
had not been impanelled.

20. And be it further enacted and ordained, that the verdict of the jury
^shall'in verdict.
all cases be given by the foreman, in open Court, and in the presence of
all the said
jury, and, if a criminal proceeding, in the presence of the prisoner, and
shall be there=
upon recorded by the Registrar of the said Court; and the said Registrar
shall, before
taking the said verdict, ask if they are all agreed thereon, and whether
they find for,,
the plaintiff, or for the defendant, and in the case of a prisoner
whether they find such
prisoner 'Guilty' or 'Not Guilty;' and the said jury shall either
pronounce a general
verdict for the plaintiff, or defendant, or of 1° Guilty' or 'Not
Guilty,' or else shall
return a special verdict finding the facts of the case: Provided always,
that the said
jury may acquit any prisoner of a part of the- charge against him, and
find him guilty
of the remainder.

21. And be it further enacted and ordained, that in the construction of
this Or- Interpretation
clause.
dinance wherever in describing any person or party, matter or thing, the
word import-
ing the singular number only is used, the same shall be understood to
include, and
shall be applied to, several persons or parties as well as one person or
party, and several
matters or things as well as one matter or thing, respectively, unless
there be some.
thing, in the subject or context repugnant to such construction.

SCHEDULT. TO wHICII THIS ORDINANCE RErERS.

Summons to Jurors.

Mr. A. $.
You are-hereby summoned to appear as a (either common nr special as the
case may be,) juror at the
Supreme Court to he holden at in this Colony, on the
day of neat, and there to attend from day to day until you shall be
discharged
from the said Court.

(signed,)

W. C., Sheriff.

N. B.-The penalty for disobedience hereto is any sum not exceeding one
hundred dollars in the case
of a common juror, or two hundred dollars in the case of a special juror.

[Repealed by Ordinance No. 4 of 1851.

Summons to juror.
SeC.'J.
Title. [See Ordinance No. 4 of 1849.]
Preamble.
Number of jurors.
[As to Coroner's inquests see Ordinance No. 5 of 1847.]
Who qualified and liable to serve as common jurors.
Special jury.
Qualification of special jurors.
Sheriff to make out jury lists, and transmit same to Registrar.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Order fo summoning juries.
Summons.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
No challenge except for cause.
Talesmen.
As to jury for new cases.
How jury, when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
Verdict.
Interpretation clause.
Summons to juror. Sec. 9.

Title. [See Ordinance No. 4 of 1849.]
Preamble.
Number of jurors.
[As to Coroner's inquests see Ordinance No. 5 of 1847.]
Who qualified and liable to serve as common jurors.
Special jury.
Qualification of special jurors.
Sheriff to make out jury lists, and transmit same to Registrar.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Order fo summoning juries.
Summons.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
No challenge except for cause.
Talesmen.
As to jury for new cases.
How jury, when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
Verdict.
Interpretation clause.
Summons to juror. Sec. 9.

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No. 7 of 1845

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