JURY CONSOLIDATION ORDINANCE, 1887
Title
JURY CONSOLIDATION ORDINANCE, 1887
Description
Jury Consolidation.
No. 18 of 1887.
An Ordinance to amend and consolidate the Law relating to
Jurors.
[1st June, 1887.]
BE it enacted- by the Governor of Honnokong, x~ith the advice of the
Legislative Council thereof, as follows:-
0
1. This Ordinance may be cited for all purposes as The Jury Consolkley,
do?z ~ Ordinan ce, 188 7.
2. The Ordinances or parts thereof rncntioned in the schedule hereto
are hereby repealed, but such, repeal..sl:a,ll riot affect anytloing done
or
suffered thereunder nor any east operation thereof.
ORDINANCE No. 18 of 1887.
Jury Consolidation:
3. In all civil and erinninal trials and in all enquiries into the
idiotey,
lunacy, or unsoundness of mind of any person, the jury (if any) shall,
except where otherwise specially .provided, consist of seven men.
4. Every male person between the a,,es of twenty-one and sixty
years, being of sound mind, and not aficted with deafness, blindness, or
other such infirmity, who shall be a good and sufficient person resident
within the Colony, shall be qualified and liable to serve as a juror,
subject to the exceptions hereinafter provided.
5: The persons Hereinafter mentioned shall not be or be deemed
1 iable to serve as j urors.
(cx.) Members of Council.
(h.) All pirsons bolding any office or situation of eluolument
under the Crown.
(c.) Salaried functionaries of Foreign Governments not carrying
on business.
(d.) Barristers-at-la-r, solicitors in actual practice and their
clerks.
(e.) -)Medical practitioners and surgeons registered under The
Medical Registration Ordinance No. 6 of 1884, and
dentists.
(f. ) Editors of daily newspapers in the Colony and their staff.
Chemists and druggists actually carrying on business as
such.
(7a.) Clergymen of the Church of England, Roman Catholic
priests and ministers of any congregation of protestant
dissenters or of Views, and schoolmasters.
(i.) Officers employed on full pay in the --Military or NTaval
Service of Her Majesty.
(j. )~ Masters of steamers and local pilots.
(k.) Persons ignorant of the English Ian-Yua,(,,,e.
6. If any person shall be summoned as a juror who shall under the
terms,of the preceding sections, be exempt from service or who shall not
he qualified to serve as a juror or iirho hav ir)g been s1lmmoned as a
special
i r shall not be qualified to serw- I a,,z; such such exemption or want of
iro. I t,
qualification shall be a good cause of challenge .and the person ~,zo
sLlt11-
I\TUmber of
j uron on
trial,
[No. al of
1864, ~eG. 2.l
Qualification
and exemp-
tions (No. 11
of 7 8Ei4. ,,. 4.)
Exemhtioiis
from ,Trvin,,,
as jarorq.
Exemption or
want of quail-
acation to be
a ground of -
challenge
u,it not of,
avoiditlgtrial.
\'arnos for au (I
mode of
obtaining
jury list.
[No. 24 of
1ss2, s. 2.1
lists of
common
and Special
jurors.
[No. 24 of
1882, s.y. 4 &
17.E
List to lay,
netutwed to
OhDINA1TCE 'No.,' 18 of 187.
Jury Consolidation.,
moved shall be discharged upon such challenge or upon his own applica-
ttion, if the Court shall be satisfied of the fact and shall so direct;
but no
such exemption or want of qualification, if not submitted to the Court
,before such person is sworn, shall afterwards be accepted as a ground
ound
for impeaching any verdict given by the jury on which he ba.s served.
7, Even, person shall, for the purpose, of enabling the Registrar of
the Supreme JCoui t to complete the list of jurors hereinafter referred
to,
oil demand by such Registrar or some person duly authorised by him,
forward to such R egistrar in writina within the time specified in the
said
demand, leis name and surnames at full length together with his profes-
sion, business or occupation and place of abode, under penalty for
refusing
or neglecting so to do of a Burn not eiceeding one hundred dollars, on
conviction before a 1'Ia gistr ate.
$, 'hhe lue'~;istrar shall, on or before the first day of February in
each year, make a list in alphabetical order of all persons ascertained by
him to be liable to serve as jurors, setting forth the name and surnames
of each at full length, together with his profession, business, or occupa-
tion and place of abode, and shall cause a copy of such list to be posted
for the term of one fortnight at the chief entrance to the Court. And
any person may apply by notice in writing to the Registrar requiring
that his name or the name of some other person may be respectively
either added to or struck off from the said list, Upon cause duly assigned
in such notice; and the Registrar immediately after the expiration of the
time for posting such list, shall forward the same and such notices as
may he so served on him, to the clerk of the Legislative Council. The
Council may strike off from or add to- such list, such name or names o>.'
any other name or names, as to the said Council may appear fit, and shall
mark off, not less than twenty-four of the names contained in the list,
nnd sixth names shall be formed into a separate list which shall be
desiol-
u.ated the ~S'pecia.WTicrors List, and all other names contained in the
said
list shall be marked off in a separate list and be designated the Common
Jurors List.
J. The said list when finally settled shall be returned to the Regis-
trar by the clerk of Council and called the Jurors List, arid shall be
brought
into use on the first day of March nex-t following and shall continue ire
force for one year frcii-n the said first day .of March
ORDINANCE \o. IS of 1887 .
Jury Consolidation.
10. When=the jury lists shall be completed and returned to the
I1egistrar, he shall cause the names of the special and common jurors
to be written on separate cards of equal size and placed in separate holes
to be called the Special Jurors Ballot Box and tile Conmi.on Jlttror,~
Ballot
.Bogs which boles shall be kept locked.
11. Whenever it shall lie requisite to Sun11nons a, Coin nlon jury,
a Deputy Reggistrar shall, in the presence of the Registrar, open and
draw from the Common .Iurovs Ballot Box eighteeli names in civil cases,
;lad
thirty names in criminal cases to form a panel tlnd the cards, with tile
names of those who shall have served in civil cases, and who shall leave
been summoned in criminal cases so drawn, shall be locked ul.) in a sepa-
rate box until all the names in the ballot lox shall be exhausted by,
subsequent panels, when all the navies of the jurors on the columon jurors
list shall he returned to the Common Jurors Ballot Box, if required, for
the
purposes of the current year, and 111 such case the names shall again be
redrawn in manner aforesaid. Provided ahvays that whenever from any
cause the jurors drawn. cannot be served it shall be lawful for the Regis-
trar to re-open the ballot box, and draw fresh names therefrom as often
as may be necessary to secure the full number of thirty, jurors at the
criminal sessions.
12. Whenever it shall be necessary to summon a special jury, such
jury shall be drawn in the manner bereinbefore provid.ed for obtaining a
common jury with this exception that in civil cases the number to be
drawn from the ballot box in the first instance shall be twenty-four, and
in criminal cases twelve.
13JIf either tile plaintiff or the defendant in any suit or action, shall
be desirous of having such, suit gr action tried by a special jury, it
shall
be lawful for the Court or a Judne thereof to order and appoint a special
jury to be drawn by the Registrar in the manner heheinbefore provided ;
and in such cases the parties shall appear before the Reistrar on a day
fixed by pin?, and a Deputy Registrar shall then in presence of the said
Rebistrar and of the parties draw from tile Special Jurors Ballot Box the
requisite number of names. Tile Registrar shall then appoint a day for
striking the said jury; on. the day so appointed the parties shall attend
and shall each alternately strike; off one naive till the said list is
reduced
to twelve; the names of the twelve struck off shall be replaced in the
ballot box, acid the remaining twelve shall be the special jury panel
Fut'uiaticm of
special and
G()IY11I10711
jurors.
via. l I cat -
1$(i~. ~. 12,
No. r of 78(is,
s. 1, \ o. 2-1 of
Ig8 'l. c. 7.1
I',=el of cc7m-
mon jra'ors.
FUin7at,.ioTt of
panel of
special juroi:s.
[ No: 11. of
I ISO 4, s. 17.1
sloec;ial jury
in civil suits.
[No. 11 of
ORDINANCE No. 18 op 1887.
.Jury Consolidation.
CProvidecl that~the party applying for such special jury, and who shall
have obtained a rule or order of the Court for that purpose, shall, when
. the cause is set clown in tire general hearing list, deposit with the
Pe~is-
trar or other officer of the~Court, a sure sufficient to cover the
expenses
of the special Jury, otherwise the rule or order of such Court or Judge to
be of no effect.
Certain , 14. In forming any panel the Registrar :hall pass over the names
names to be
passed over. of ail persons who are dead or absent from the Colony, but
shall return
to the Special Jurors Ballot Box or Common Jurors Ballot Box (as the case
may require) the names of any temporary absentees which may be dram.
hummonin''r 1'~J' . The I'Leaisarar shall, before the sitting of any Court
whereat
ittrzes. [No. 11.
o£ 1864,8.13, either a cornrnon or special jury shall be necessary, issue
summonses
No. 24 of
~ accordinm to the form in the schedule 13 hereto requiring the attendance
1882, s, s., 0 ~ n
thereat of the persons drawn from the ballot box, and -every such sum-
mons shall be personally served upon, or left at the usual place of abode
of the person so summoned two clear d,r.ys before the day appointed for
the s;ttins, of the Court.
General, list. . 16, The Registrar shall cause a list containing the
names, places of
,[No., 2~ of
1ss2,s.g,rro. abode and additions of the persons so summoned, to be made
out as soon
Q ^f x . s. 2.]
872 as conveniently may be after the summonses have been served.
m jury 17. In all informations for criminal offences it shall be lawful
for,
cases. the Attorney General acting on behalf of the Crown' by written
,notice to
[No.$ ofas7z, the Re;istrar, or for, any Judge of the Court upon the
application of any,
. private prosecutor or upon the application of any prisoner or accused
aaaiust .whore an information has been filed, to order a special jury to
be
v summoned for the trial of any case. Upon the receipt of such notice or
upon any such order being made the ReZistrar shall forthwith proceed to
form the panel of such jurors, and to summon them in manner herein-
before provided.
Ballot nor 1$, At the sitting of the Court the names of all the j urovs
summoned
(pries11 six af whether special or COtnn1011 Shall be written on separate
cards of equal
1864, 9. xsa . ,
size and put into a box, and the R.eyistrar, or clerk of the Court shall,
in
open Court, draw therefrom until a jury is obtained.
K<=ez>irig jury 19. After the, jizry shall have been sworn or c>saraed
with any
together. (No.
8 of Ig7~, S. prisoner or accused they shall be kept in aon ne ~conv
enient place in Court
apart by themselves; retirement of individual jurors for personal purposes
OlIt'-DINANCE No. 18 OF 18-87.
Jury Consolidation.
only excepted, and then in charge of an officer of the Court, until the
Jcidge has summed up the evidence, and leas l'ft the case with the jury.
Provided that in case and as often as the Court stall adjourn before the
case shall have been so left with the jury, then such jury may if the
Judge shall so direct, be removed in charge of an officer of the Court to
some convenient place there to take refreshment at their own expense and
rest until the Court shall reassemble, and such officer shall be sworn
that
lie will suffer none save himself to speak to or to comununicate with them
without the exl)l-ess leave of the Judge. If after the case shall have
been
so left to the jury, and snch jury shall desire to withdraw for the
purpose
of considering their verdict, then they shall, be kept by such officer of
the
Court in some convenient place apart by themselves, but they shall be
a llowerl reasonable refreshment at their own expense with power also to
retire alone only for personal purposes, until they are agreed upon their
verdict, or be discharged therefrom by the Court ; and the officer shall
be
sworn that he will suffix none to have access to them, or speak to . them
himself except to ask whether they are agreed upon their verdict or to
communicate between them and the Court. Provided always that it shall
be in the discretion of the Judge in all cases to dispense with any of the
foregoinn provisions, and in the event of any adjournment to direct the
jury
to be removed to some convenient place in the vicinity of the-Court during
such adjournment under the charge of the proper officer of the Court or
to allow the jury to separate for such time and subject to such conditions
as to the Judge may seem fit.
20. The names of the persons drawn as jurors shall be marked on
the list provided for in section 16 ; and the cards with such names shall
be kept apart by themselves until all the cards in the box shall have
been.
drawn. Provided always, that many case shall be brought on to be tried.
before the jury in any other case shall have brought in their verdict, it
shall be lawful for the Court to order another jury to be drawn from the
residue of the said cards for the trial of the case which shall be so
brought
on to be tried. Provided also, that where no objection ;hall be made on
behalf of the plaintiff or prosecutor, or on behalf of the defendant or
prisoner, or accused, 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, or to order the name of any person on such jury, whom both
parties may consent to withdraw -or who may be justly challenged or,
excused.by the Court, to be seta aside and another name to be drawn from
215
As to now
jury for new
cases.
[No. 11 o£
1864, s. 21.]
Provision in
case of death
disability er
non-Attend-
ance of juror.
[No. 11 of
ORDINANCE -No. 18 oF 1887.
Jury Consolidation.
. the box, and to trv the case with the residue of such original jury, and
with such person or persons whose name Or MUMS Sh,'111 be so drawn and
' who shall appear.
Power of 21. Whenever the jury 111 a Cf1111111A1 case, shall. not he
ilnanil nous
Judge to
direct jury to in their verdict, it shall be lawful for the Judge to
direct them to with-
zvithdra,w to
consider their drams from the Court room for the purpose of considering
their verdict
verdict when
not una,ni- In private.
Mous.
Verdicts of
majority to be
verdict of
jury unless ill
capital cases
where
unanimity is
Fsite.
lzi 11 of
iss~, s. 3.)
22. In the event of any of the jurors dissenting from the residue,
the jury shall retire to consider-their verdict and after reasonable
consulta-
tion the verdict of a majority shall be held and deemed to all intents and
purposes to be tile verdict of the jury. Provided always, that if any
person he arraialed for any offence visited by the la«' With capital
punish-
ment, then and 111 such Case the jury must be- unanimous 1I1 their verdict
of guilty or clot guilty but if such majority should find such person
guilty
of a less crime than the capital ore, then the finding of tile majority
shall'
be the verdict, and sentence shall follow- accordingly: And if is any case
it may.for any cause seem to be desirable to the Judge, he may direct
the jury to further consider their verdict:
23. In the event of the death, illness, or default of attendance of any
one or two of the j urors during the trial of any suit, action, or
informa-
tion,, it shall be lawful for the Court., in its discretion to order the
trial of
such suit, action, or information, to be proceeded with in like manner as
if the full number of j llrors had continued to serve on the jury, and any
verdict returned by tile remaining jurors, or by a majority, shell be of
equal validity and have tile same force.ancl effect as if it had been
returned
by a. j u ry consisting of the full number of seven j ur ors. Provided
always,
that in capital cases the jury shall not consist of less than seven men.
Provided also than it shall be lawful for the Court, instead of proceeding
with tile trial with the remaining jurors, to, cause a new jury to be
elripanelled, sworn and if necessary charged with any prisoner or accused
and the suit, action, or information shall be tried as if such filet jury
had
not been empanelled..
' 24: The verdict of the jury shall in all cases be given by the fore-
man, in open Court, and in the ,presence of all the jury, and if in a
criminal proceeding in the presence of the prisoner, and shall thereupon
he recorded lay the Rebistrar; and the registrar shall, before taking tile
verdict, ask if they are all or by what vpajority agreed thereon, and.
4RDI\A~XCl: NO. 18 of 1.857.
Jury Consolidation.
whether they find for the plaintiff or.for the defendant, and in the case
of a prisoner or accused whether they find such prisoner or accused
Guilty.
or Not Guilty; and the jurys hall either pronounce a general verdict for
the
plaintiff or defendant, or of Guilty or Xot Guilty, or else shall return a
special verdict finding the facts of the case. Provided always, that the
jury may acquit any prisoner or accused of a part of the charge against
hinn, and find him guilty of the remainder.
25. Whenever the jury in any case has withdrawn, and been kept
apart for the purpose of considering their verdict, and shill not have
returned the same before all the other cases for trial at the suille
sittings
or sessions shall have been disposel of, and when it shall sufficiently,
appear to the Court that tile said . jury canno~ agre3 upon a verdict, and
that there is not such a majority as aforesaid aareeina, the Court shall
discharge such jury, and shall cause a new jury to ba empanelled and
sworn arid charged with guy prisoner or accused, and the suit or action,
or information shall be tried as if such first jury had not been
empanelled.
26. Nothing herein contained shall prevent the Court from ex.eullat-
illv in its discretion any person or persons front servin (r, as a juror
on
any trial, or from removing their names from the list of jurors, on cause
being shown for so doing.
27. No person ivho shall be put upon his trial either for. treason,
felony, or misdemeanour, shall be allowed to challenge any of the j urors
ex.cept for cause.
28. Whenever there shall be a deficiency of jurors, it shall be law-
ful for the Court, at the prayer of either of the parties in the suit or
action
or of the prosecutor, prisoner or accused, to put upon the jury so many
good and lawful men of the ty-standers or others who can be speedily
procured, as shall be sufficient to make up the full number thereof.
29. The remuneration of special jurors in civil crises shall be:'ten
Re.uner'.
tion of special
dollars'each for every triali In criminal cases special jurors shall not
be Jurors. entitled to any ,remuneration. Provided always that the Judge
upon the ~'o-Sofls72r
application for a special jury by the prisoner or accused may order such
special jury to be remunerated as in civil cases and that such prisoner or
accused deposit with the Registrar or other officer of the Court a, sum
sufficient to cover the expenses of. such special jury; otherwise such
order to be of no effect.
2157
In cw3e fury
cannot agree
upon verdict-
[No. 11 of
1364, q. 25.1
Power td the
court to
exempt jurors.
(No. 11 af
184, s. 18.]
No challenge
except for
cause.
(No.l1 of
1864, s. 19.E
Talesman.
[No. 11 of
1864, s. 20.E
OIIDINA.1V'ChJ No. -1 g of 1887.
Jury Consolidation.
Non-attend-
ance of jurors.
[ No. 11 of
1,864, s. 1u.]
Fin6s levying
[ No. 11 of
1$F4. ss. 6
,t ri (17.1
lay fury.
[No. 3 of
1,865, S. s1.l
30. If any juror having been dryly served with a summons, in
accordance with the provisions in that behalf hereinbefore contained shall
fail to attend, or being present shall not appear when called, or after
appearance shall withdraw himself without the permission of the Nudge,
the Judge shall, unless some reasonable excuse be proved on oath or
affidavit or otherivise to his satisfaction, set upon the person so making
default such one, not exceeding the sum of one,hundred dollars as to
the Judge shall seem meet.
31. A11 fines imposed under the provisions of this Ordinance shall
be levied in such manner as the Court or any Judge thereof may direct,
and when levied shall be paid to the Registrar and accounted for by him
to the Colonial Treasurer.
32. On the trial of any civil or criminal case either party or the
prosecutor or prisoner accused or defendant shall be at liberty to apply
to the Court for a ride or order for the inspection by the jury of any
property the inspection of which nay be material to the proper determi-
nation of the liroceedinI~s in question, and it shall be lawful for the
Court,
if it thinly fit to make such rule or order upon such terms as to adjourn-
ment, costs and otherwise as such Court may direct.
Tutors in 33. In all enquiries into the ,idiotcy, lunacy or unsoundness of
111111d
i uua,cy cases.
of any person, any issue determinable by the verdict of a ,jury shall be
tried by a special or common jury as the Judge may direct and such jury
shall be constituted in the same manner in all respects as to the number
and qualification of the jury and be summoned in the salve manner and
serve under the same conditions in every particular as if such jury had
been empanelled for the trial of any ordinary issue in the Supreme Court.
.Provided that in all cases the alleged idiot, lunatic, or person of
unsound
mind shall have a ribht to liave the issue determined if he so desire by
a special jury.
A hpzication 34. In cases riot provided for by this Qrdinance, the law fop
the
of law of
England in . time being in force in England relating to jurors and.
juries, shall, in so
cases not
provided for far as.the same does not conflict with the provisions of this
Ordinance,
''y this have force and effect within the Colony: but nothing in this
section
ordinance.
contained shall be deemed to relate -to jurors or juries on Coroner's
inquests.
Ordinance No. 18 of 1887.
Jury Consolidation.
SCHEDULES.
List of hclmals.
No. 11 of 1864 all unrepealed except sections 27 anti 28.
No. 7 of 1868 section 1.
No. 6 of 1872 All.
No. °4 of 188? All.
11R. A. B. .
You are hereby summoned to appear as a juror (or special ;furor) at the
Supreme 1.,,l,l~f
Court to be holden at in this Colony on the day of J°,ra s'''' 0
next at the liour of o'clock in the forenoon, and there to attend from
(lay to day
until you shall be discharged from the Court. .
Sinned) C. D.,
Refistra r.
.N.B.---The penalty for disobedience hereto is any sum not exceeding one
hundred dollars. 2150
Short title.
Repeals.
2151
Number of jurors on trial, &c.
[No. 11 of 1864, sec. 2.]
Qualification and exemptions [No. 11 of 1864, s. 4.]
Exemptions from serving as jurors.
Exemption or want of qualification to be a ground of challenge but not of avoiding trial.
2152
Names for and mode of obtaining jury list.
[No. 24 of 1882, s. 2.]
Formation of lists of common and special jurors.
[No. 24 of 1882, s.s. 4 & 17.]
List to b returned to the Registrar.
2153
Formation of special and common jurors.
[No. 11 of 1864, s. 12, No. 7 of 1868, s. 1, No. 24 of 1882, s. 7.]
Panel of common jurors.
Formation of panel of special jurors.
[No. 11 of 1864, s. 17.]
Special jury in civil suits.
[No. 11 of 1864, s, 17.]
2154
Certain names to be passed over.
Summoning juries.
[No. 11 of 1864, s. 13 No. 24 of 1882, s. 8.]
General list.
[No. 24 of 1882, s. 9, No. 8 of 1872, s. 2.]
Special jury in criminal cases.
[No. 8 of 1872, s. 1.]
Ballot for juries.
[No. 11 of 1864, s. 16.]
Keeping jury together.
[No. 8 of 1872, s. 45.]
2155
As to new jury for new cases.
[No. 11 of 1864, s. 21.]
2156
Power of Judge to direct jury to withdraw to consider their verdict when not unanimous.
Verdicts of majority to be verdict of jury unless in capital cases where unanimity is requisite.
[No. 11 of 1864, s. 3.]
Provision in case of death disability or non-attendance of juror.
[No. 11 of 1864, s. 24.]
Verdict how given.
[No. 11 of 1864, s. 26.]
2157
In case jury cannot agree upon verdict.
[No. 11 of 1864, s. 25.]
Power to the Court to exempt jurors.
[No. 11 of 1864, s. 18.]
No challenge except for cause.
[No. 11 of 1864, s. 20.]
Remuneration of special jurors.
[No. 8 of 1872, s. 3.]
2158
Non-attendance of jurors.
[No. 11 of 1864, s. 15.]
Fines levying.
[No. 11 of 1864. ss. 6 and 7.]
Inspection by jury.
[No. 3 of 1865, s, 31.]
Jurors on Lunacy cases.
Application of law of England in cases not provided for by this Ordinance.
2159
Form of summons to jurors.
No. 18 of 1887.
An Ordinance to amend and consolidate the Law relating to
Jurors.
[1st June, 1887.]
BE it enacted- by the Governor of Honnokong, x~ith the advice of the
Legislative Council thereof, as follows:-
0
1. This Ordinance may be cited for all purposes as The Jury Consolkley,
do?z ~ Ordinan ce, 188 7.
2. The Ordinances or parts thereof rncntioned in the schedule hereto
are hereby repealed, but such, repeal..sl:a,ll riot affect anytloing done
or
suffered thereunder nor any east operation thereof.
ORDINANCE No. 18 of 1887.
Jury Consolidation:
3. In all civil and erinninal trials and in all enquiries into the
idiotey,
lunacy, or unsoundness of mind of any person, the jury (if any) shall,
except where otherwise specially .provided, consist of seven men.
4. Every male person between the a,,es of twenty-one and sixty
years, being of sound mind, and not aficted with deafness, blindness, or
other such infirmity, who shall be a good and sufficient person resident
within the Colony, shall be qualified and liable to serve as a juror,
subject to the exceptions hereinafter provided.
5: The persons Hereinafter mentioned shall not be or be deemed
1 iable to serve as j urors.
(cx.) Members of Council.
(h.) All pirsons bolding any office or situation of eluolument
under the Crown.
(c.) Salaried functionaries of Foreign Governments not carrying
on business.
(d.) Barristers-at-la-r, solicitors in actual practice and their
clerks.
(e.) -)Medical practitioners and surgeons registered under The
Medical Registration Ordinance No. 6 of 1884, and
dentists.
(f. ) Editors of daily newspapers in the Colony and their staff.
Chemists and druggists actually carrying on business as
such.
(7a.) Clergymen of the Church of England, Roman Catholic
priests and ministers of any congregation of protestant
dissenters or of Views, and schoolmasters.
(i.) Officers employed on full pay in the --Military or NTaval
Service of Her Majesty.
(j. )~ Masters of steamers and local pilots.
(k.) Persons ignorant of the English Ian-Yua,(,,,e.
6. If any person shall be summoned as a juror who shall under the
terms,of the preceding sections, be exempt from service or who shall not
he qualified to serve as a juror or iirho hav ir)g been s1lmmoned as a
special
i r shall not be qualified to serw- I a,,z; such such exemption or want of
iro. I t,
qualification shall be a good cause of challenge .and the person ~,zo
sLlt11-
I\TUmber of
j uron on
trial,
[No. al of
1864, ~eG. 2.l
Qualification
and exemp-
tions (No. 11
of 7 8Ei4. ,,. 4.)
Exemhtioiis
from ,Trvin,,,
as jarorq.
Exemption or
want of quail-
acation to be
a ground of -
challenge
u,it not of,
avoiditlgtrial.
\'arnos for au (I
mode of
obtaining
jury list.
[No. 24 of
1ss2, s. 2.1
lists of
common
and Special
jurors.
[No. 24 of
1882, s.y. 4 &
17.E
List to lay,
netutwed to
OhDINA1TCE 'No.,' 18 of 187.
Jury Consolidation.,
moved shall be discharged upon such challenge or upon his own applica-
ttion, if the Court shall be satisfied of the fact and shall so direct;
but no
such exemption or want of qualification, if not submitted to the Court
,before such person is sworn, shall afterwards be accepted as a ground
ound
for impeaching any verdict given by the jury on which he ba.s served.
7, Even, person shall, for the purpose, of enabling the Registrar of
the Supreme JCoui t to complete the list of jurors hereinafter referred
to,
oil demand by such Registrar or some person duly authorised by him,
forward to such R egistrar in writina within the time specified in the
said
demand, leis name and surnames at full length together with his profes-
sion, business or occupation and place of abode, under penalty for
refusing
or neglecting so to do of a Burn not eiceeding one hundred dollars, on
conviction before a 1'Ia gistr ate.
$, 'hhe lue'~;istrar shall, on or before the first day of February in
each year, make a list in alphabetical order of all persons ascertained by
him to be liable to serve as jurors, setting forth the name and surnames
of each at full length, together with his profession, business, or occupa-
tion and place of abode, and shall cause a copy of such list to be posted
for the term of one fortnight at the chief entrance to the Court. And
any person may apply by notice in writing to the Registrar requiring
that his name or the name of some other person may be respectively
either added to or struck off from the said list, Upon cause duly assigned
in such notice; and the Registrar immediately after the expiration of the
time for posting such list, shall forward the same and such notices as
may he so served on him, to the clerk of the Legislative Council. The
Council may strike off from or add to- such list, such name or names o>.'
any other name or names, as to the said Council may appear fit, and shall
mark off, not less than twenty-four of the names contained in the list,
nnd sixth names shall be formed into a separate list which shall be
desiol-
u.ated the ~S'pecia.WTicrors List, and all other names contained in the
said
list shall be marked off in a separate list and be designated the Common
Jurors List.
J. The said list when finally settled shall be returned to the Regis-
trar by the clerk of Council and called the Jurors List, arid shall be
brought
into use on the first day of March nex-t following and shall continue ire
force for one year frcii-n the said first day .of March
ORDINANCE \o. IS of 1887 .
Jury Consolidation.
10. When=the jury lists shall be completed and returned to the
I1egistrar, he shall cause the names of the special and common jurors
to be written on separate cards of equal size and placed in separate holes
to be called the Special Jurors Ballot Box and tile Conmi.on Jlttror,~
Ballot
.Bogs which boles shall be kept locked.
11. Whenever it shall lie requisite to Sun11nons a, Coin nlon jury,
a Deputy Reggistrar shall, in the presence of the Registrar, open and
draw from the Common .Iurovs Ballot Box eighteeli names in civil cases,
;lad
thirty names in criminal cases to form a panel tlnd the cards, with tile
names of those who shall have served in civil cases, and who shall leave
been summoned in criminal cases so drawn, shall be locked ul.) in a sepa-
rate box until all the names in the ballot lox shall be exhausted by,
subsequent panels, when all the navies of the jurors on the columon jurors
list shall he returned to the Common Jurors Ballot Box, if required, for
the
purposes of the current year, and 111 such case the names shall again be
redrawn in manner aforesaid. Provided ahvays that whenever from any
cause the jurors drawn. cannot be served it shall be lawful for the Regis-
trar to re-open the ballot box, and draw fresh names therefrom as often
as may be necessary to secure the full number of thirty, jurors at the
criminal sessions.
12. Whenever it shall be necessary to summon a special jury, such
jury shall be drawn in the manner bereinbefore provid.ed for obtaining a
common jury with this exception that in civil cases the number to be
drawn from the ballot box in the first instance shall be twenty-four, and
in criminal cases twelve.
13JIf either tile plaintiff or the defendant in any suit or action, shall
be desirous of having such, suit gr action tried by a special jury, it
shall
be lawful for the Court or a Judne thereof to order and appoint a special
jury to be drawn by the Registrar in the manner heheinbefore provided ;
and in such cases the parties shall appear before the Reistrar on a day
fixed by pin?, and a Deputy Registrar shall then in presence of the said
Rebistrar and of the parties draw from tile Special Jurors Ballot Box the
requisite number of names. Tile Registrar shall then appoint a day for
striking the said jury; on. the day so appointed the parties shall attend
and shall each alternately strike; off one naive till the said list is
reduced
to twelve; the names of the twelve struck off shall be replaced in the
ballot box, acid the remaining twelve shall be the special jury panel
Fut'uiaticm of
special and
G()IY11I10711
jurors.
via. l I cat -
1$(i~. ~. 12,
No. r of 78(is,
s. 1, \ o. 2-1 of
Ig8 'l. c. 7.1
I',=el of cc7m-
mon jra'ors.
FUin7at,.ioTt of
panel of
special juroi:s.
[ No: 11. of
I ISO 4, s. 17.1
sloec;ial jury
in civil suits.
[No. 11 of
ORDINANCE No. 18 op 1887.
.Jury Consolidation.
CProvidecl that~the party applying for such special jury, and who shall
have obtained a rule or order of the Court for that purpose, shall, when
. the cause is set clown in tire general hearing list, deposit with the
Pe~is-
trar or other officer of the~Court, a sure sufficient to cover the
expenses
of the special Jury, otherwise the rule or order of such Court or Judge to
be of no effect.
Certain , 14. In forming any panel the Registrar :hall pass over the names
names to be
passed over. of ail persons who are dead or absent from the Colony, but
shall return
to the Special Jurors Ballot Box or Common Jurors Ballot Box (as the case
may require) the names of any temporary absentees which may be dram.
hummonin''r 1'~J' . The I'Leaisarar shall, before the sitting of any Court
whereat
ittrzes. [No. 11.
o£ 1864,8.13, either a cornrnon or special jury shall be necessary, issue
summonses
No. 24 of
~ accordinm to the form in the schedule 13 hereto requiring the attendance
1882, s, s., 0 ~ n
thereat of the persons drawn from the ballot box, and -every such sum-
mons shall be personally served upon, or left at the usual place of abode
of the person so summoned two clear d,r.ys before the day appointed for
the s;ttins, of the Court.
General, list. . 16, The Registrar shall cause a list containing the
names, places of
,[No., 2~ of
1ss2,s.g,rro. abode and additions of the persons so summoned, to be made
out as soon
Q ^f x . s. 2.]
872 as conveniently may be after the summonses have been served.
m jury 17. In all informations for criminal offences it shall be lawful
for,
cases. the Attorney General acting on behalf of the Crown' by written
,notice to
[No.$ ofas7z, the Re;istrar, or for, any Judge of the Court upon the
application of any,
. private prosecutor or upon the application of any prisoner or accused
aaaiust .whore an information has been filed, to order a special jury to
be
v summoned for the trial of any case. Upon the receipt of such notice or
upon any such order being made the ReZistrar shall forthwith proceed to
form the panel of such jurors, and to summon them in manner herein-
before provided.
Ballot nor 1$, At the sitting of the Court the names of all the j urovs
summoned
(pries11 six af whether special or COtnn1011 Shall be written on separate
cards of equal
1864, 9. xsa . ,
size and put into a box, and the R.eyistrar, or clerk of the Court shall,
in
open Court, draw therefrom until a jury is obtained.
K<=ez>irig jury 19. After the, jizry shall have been sworn or c>saraed
with any
together. (No.
8 of Ig7~, S. prisoner or accused they shall be kept in aon ne ~conv
enient place in Court
apart by themselves; retirement of individual jurors for personal purposes
OlIt'-DINANCE No. 18 OF 18-87.
Jury Consolidation.
only excepted, and then in charge of an officer of the Court, until the
Jcidge has summed up the evidence, and leas l'ft the case with the jury.
Provided that in case and as often as the Court stall adjourn before the
case shall have been so left with the jury, then such jury may if the
Judge shall so direct, be removed in charge of an officer of the Court to
some convenient place there to take refreshment at their own expense and
rest until the Court shall reassemble, and such officer shall be sworn
that
lie will suffer none save himself to speak to or to comununicate with them
without the exl)l-ess leave of the Judge. If after the case shall have
been
so left to the jury, and snch jury shall desire to withdraw for the
purpose
of considering their verdict, then they shall, be kept by such officer of
the
Court in some convenient place apart by themselves, but they shall be
a llowerl reasonable refreshment at their own expense with power also to
retire alone only for personal purposes, until they are agreed upon their
verdict, or be discharged therefrom by the Court ; and the officer shall
be
sworn that he will suffix none to have access to them, or speak to . them
himself except to ask whether they are agreed upon their verdict or to
communicate between them and the Court. Provided always that it shall
be in the discretion of the Judge in all cases to dispense with any of the
foregoinn provisions, and in the event of any adjournment to direct the
jury
to be removed to some convenient place in the vicinity of the-Court during
such adjournment under the charge of the proper officer of the Court or
to allow the jury to separate for such time and subject to such conditions
as to the Judge may seem fit.
20. The names of the persons drawn as jurors shall be marked on
the list provided for in section 16 ; and the cards with such names shall
be kept apart by themselves until all the cards in the box shall have
been.
drawn. Provided always, that many case shall be brought on to be tried.
before the jury in any other case shall have brought in their verdict, it
shall be lawful for the Court to order another jury to be drawn from the
residue of the said cards for the trial of the case which shall be so
brought
on to be tried. Provided also, that where no objection ;hall be made on
behalf of the plaintiff or prosecutor, or on behalf of the defendant or
prisoner, or accused, 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, or to order the name of any person on such jury, whom both
parties may consent to withdraw -or who may be justly challenged or,
excused.by the Court, to be seta aside and another name to be drawn from
215
As to now
jury for new
cases.
[No. 11 o£
1864, s. 21.]
Provision in
case of death
disability er
non-Attend-
ance of juror.
[No. 11 of
ORDINANCE -No. 18 oF 1887.
Jury Consolidation.
. the box, and to trv the case with the residue of such original jury, and
with such person or persons whose name Or MUMS Sh,'111 be so drawn and
' who shall appear.
Power of 21. Whenever the jury 111 a Cf1111111A1 case, shall. not he
ilnanil nous
Judge to
direct jury to in their verdict, it shall be lawful for the Judge to
direct them to with-
zvithdra,w to
consider their drams from the Court room for the purpose of considering
their verdict
verdict when
not una,ni- In private.
Mous.
Verdicts of
majority to be
verdict of
jury unless ill
capital cases
where
unanimity is
Fsite.
lzi 11 of
iss~, s. 3.)
22. In the event of any of the jurors dissenting from the residue,
the jury shall retire to consider-their verdict and after reasonable
consulta-
tion the verdict of a majority shall be held and deemed to all intents and
purposes to be tile verdict of the jury. Provided always, that if any
person he arraialed for any offence visited by the la«' With capital
punish-
ment, then and 111 such Case the jury must be- unanimous 1I1 their verdict
of guilty or clot guilty but if such majority should find such person
guilty
of a less crime than the capital ore, then the finding of tile majority
shall'
be the verdict, and sentence shall follow- accordingly: And if is any case
it may.for any cause seem to be desirable to the Judge, he may direct
the jury to further consider their verdict:
23. In the event of the death, illness, or default of attendance of any
one or two of the j urors during the trial of any suit, action, or
informa-
tion,, it shall be lawful for the Court., in its discretion to order the
trial of
such suit, action, or information, to be proceeded with in like manner as
if the full number of j llrors had continued to serve on the jury, and any
verdict returned by tile remaining jurors, or by a majority, shell be of
equal validity and have tile same force.ancl effect as if it had been
returned
by a. j u ry consisting of the full number of seven j ur ors. Provided
always,
that in capital cases the jury shall not consist of less than seven men.
Provided also than it shall be lawful for the Court, instead of proceeding
with tile trial with the remaining jurors, to, cause a new jury to be
elripanelled, sworn and if necessary charged with any prisoner or accused
and the suit, action, or information shall be tried as if such filet jury
had
not been empanelled..
' 24: The verdict of the jury shall in all cases be given by the fore-
man, in open Court, and in the ,presence of all the jury, and if in a
criminal proceeding in the presence of the prisoner, and shall thereupon
he recorded lay the Rebistrar; and the registrar shall, before taking tile
verdict, ask if they are all or by what vpajority agreed thereon, and.
4RDI\A~XCl: NO. 18 of 1.857.
Jury Consolidation.
whether they find for the plaintiff or.for the defendant, and in the case
of a prisoner or accused whether they find such prisoner or accused
Guilty.
or Not Guilty; and the jurys hall either pronounce a general verdict for
the
plaintiff or defendant, or of Guilty or Xot Guilty, or else shall return a
special verdict finding the facts of the case. Provided always, that the
jury may acquit any prisoner or accused of a part of the charge against
hinn, and find him guilty of the remainder.
25. Whenever the jury in any case has withdrawn, and been kept
apart for the purpose of considering their verdict, and shill not have
returned the same before all the other cases for trial at the suille
sittings
or sessions shall have been disposel of, and when it shall sufficiently,
appear to the Court that tile said . jury canno~ agre3 upon a verdict, and
that there is not such a majority as aforesaid aareeina, the Court shall
discharge such jury, and shall cause a new jury to ba empanelled and
sworn arid charged with guy prisoner or accused, and the suit or action,
or information shall be tried as if such first jury had not been
empanelled.
26. Nothing herein contained shall prevent the Court from ex.eullat-
illv in its discretion any person or persons front servin (r, as a juror
on
any trial, or from removing their names from the list of jurors, on cause
being shown for so doing.
27. No person ivho shall be put upon his trial either for. treason,
felony, or misdemeanour, shall be allowed to challenge any of the j urors
ex.cept for cause.
28. Whenever there shall be a deficiency of jurors, it shall be law-
ful for the Court, at the prayer of either of the parties in the suit or
action
or of the prosecutor, prisoner or accused, to put upon the jury so many
good and lawful men of the ty-standers or others who can be speedily
procured, as shall be sufficient to make up the full number thereof.
29. The remuneration of special jurors in civil crises shall be:'ten
Re.uner'.
tion of special
dollars'each for every triali In criminal cases special jurors shall not
be Jurors. entitled to any ,remuneration. Provided always that the Judge
upon the ~'o-Sofls72r
application for a special jury by the prisoner or accused may order such
special jury to be remunerated as in civil cases and that such prisoner or
accused deposit with the Registrar or other officer of the Court a, sum
sufficient to cover the expenses of. such special jury; otherwise such
order to be of no effect.
2157
In cw3e fury
cannot agree
upon verdict-
[No. 11 of
1364, q. 25.1
Power td the
court to
exempt jurors.
(No. 11 af
184, s. 18.]
No challenge
except for
cause.
(No.l1 of
1864, s. 19.E
Talesman.
[No. 11 of
1864, s. 20.E
OIIDINA.1V'ChJ No. -1 g of 1887.
Jury Consolidation.
Non-attend-
ance of jurors.
[ No. 11 of
1,864, s. 1u.]
Fin6s levying
[ No. 11 of
1$F4. ss. 6
,t ri (17.1
lay fury.
[No. 3 of
1,865, S. s1.l
30. If any juror having been dryly served with a summons, in
accordance with the provisions in that behalf hereinbefore contained shall
fail to attend, or being present shall not appear when called, or after
appearance shall withdraw himself without the permission of the Nudge,
the Judge shall, unless some reasonable excuse be proved on oath or
affidavit or otherivise to his satisfaction, set upon the person so making
default such one, not exceeding the sum of one,hundred dollars as to
the Judge shall seem meet.
31. A11 fines imposed under the provisions of this Ordinance shall
be levied in such manner as the Court or any Judge thereof may direct,
and when levied shall be paid to the Registrar and accounted for by him
to the Colonial Treasurer.
32. On the trial of any civil or criminal case either party or the
prosecutor or prisoner accused or defendant shall be at liberty to apply
to the Court for a ride or order for the inspection by the jury of any
property the inspection of which nay be material to the proper determi-
nation of the liroceedinI~s in question, and it shall be lawful for the
Court,
if it thinly fit to make such rule or order upon such terms as to adjourn-
ment, costs and otherwise as such Court may direct.
Tutors in 33. In all enquiries into the ,idiotcy, lunacy or unsoundness of
111111d
i uua,cy cases.
of any person, any issue determinable by the verdict of a ,jury shall be
tried by a special or common jury as the Judge may direct and such jury
shall be constituted in the same manner in all respects as to the number
and qualification of the jury and be summoned in the salve manner and
serve under the same conditions in every particular as if such jury had
been empanelled for the trial of any ordinary issue in the Supreme Court.
.Provided that in all cases the alleged idiot, lunatic, or person of
unsound
mind shall have a ribht to liave the issue determined if he so desire by
a special jury.
A hpzication 34. In cases riot provided for by this Qrdinance, the law fop
the
of law of
England in . time being in force in England relating to jurors and.
juries, shall, in so
cases not
provided for far as.the same does not conflict with the provisions of this
Ordinance,
''y this have force and effect within the Colony: but nothing in this
section
ordinance.
contained shall be deemed to relate -to jurors or juries on Coroner's
inquests.
Ordinance No. 18 of 1887.
Jury Consolidation.
SCHEDULES.
List of hclmals.
No. 11 of 1864 all unrepealed except sections 27 anti 28.
No. 7 of 1868 section 1.
No. 6 of 1872 All.
No. °4 of 188? All.
11R. A. B. .
You are hereby summoned to appear as a juror (or special ;furor) at the
Supreme 1.,,l,l~f
Court to be holden at in this Colony on the day of J°,ra s'''' 0
next at the liour of o'clock in the forenoon, and there to attend from
(lay to day
until you shall be discharged from the Court. .
Sinned) C. D.,
Refistra r.
.N.B.---The penalty for disobedience hereto is any sum not exceeding one
hundred dollars. 2150
Short title.
Repeals.
2151
Number of jurors on trial, &c.
[No. 11 of 1864, sec. 2.]
Qualification and exemptions [No. 11 of 1864, s. 4.]
Exemptions from serving as jurors.
Exemption or want of qualification to be a ground of challenge but not of avoiding trial.
2152
Names for and mode of obtaining jury list.
[No. 24 of 1882, s. 2.]
Formation of lists of common and special jurors.
[No. 24 of 1882, s.s. 4 & 17.]
List to b returned to the Registrar.
2153
Formation of special and common jurors.
[No. 11 of 1864, s. 12, No. 7 of 1868, s. 1, No. 24 of 1882, s. 7.]
Panel of common jurors.
Formation of panel of special jurors.
[No. 11 of 1864, s. 17.]
Special jury in civil suits.
[No. 11 of 1864, s, 17.]
2154
Certain names to be passed over.
Summoning juries.
[No. 11 of 1864, s. 13 No. 24 of 1882, s. 8.]
General list.
[No. 24 of 1882, s. 9, No. 8 of 1872, s. 2.]
Special jury in criminal cases.
[No. 8 of 1872, s. 1.]
Ballot for juries.
[No. 11 of 1864, s. 16.]
Keeping jury together.
[No. 8 of 1872, s. 45.]
2155
As to new jury for new cases.
[No. 11 of 1864, s. 21.]
2156
Power of Judge to direct jury to withdraw to consider their verdict when not unanimous.
Verdicts of majority to be verdict of jury unless in capital cases where unanimity is requisite.
[No. 11 of 1864, s. 3.]
Provision in case of death disability or non-attendance of juror.
[No. 11 of 1864, s. 24.]
Verdict how given.
[No. 11 of 1864, s. 26.]
2157
In case jury cannot agree upon verdict.
[No. 11 of 1864, s. 25.]
Power to the Court to exempt jurors.
[No. 11 of 1864, s. 18.]
No challenge except for cause.
[No. 11 of 1864, s. 20.]
Remuneration of special jurors.
[No. 8 of 1872, s. 3.]
2158
Non-attendance of jurors.
[No. 11 of 1864, s. 15.]
Fines levying.
[No. 11 of 1864. ss. 6 and 7.]
Inspection by jury.
[No. 3 of 1865, s, 31.]
Jurors on Lunacy cases.
Application of law of England in cases not provided for by this Ordinance.
2159
Form of summons to jurors.
Abstract
2150
Short title.
Repeals.
2151
Number of jurors on trial, &c.
[No. 11 of 1864, sec. 2.]
Qualification and exemptions [No. 11 of 1864, s. 4.]
Exemptions from serving as jurors.
Exemption or want of qualification to be a ground of challenge but not of avoiding trial.
2152
Names for and mode of obtaining jury list.
[No. 24 of 1882, s. 2.]
Formation of lists of common and special jurors.
[No. 24 of 1882, s.s. 4 & 17.]
List to b returned to the Registrar.
2153
Formation of special and common jurors.
[No. 11 of 1864, s. 12, No. 7 of 1868, s. 1, No. 24 of 1882, s. 7.]
Panel of common jurors.
Formation of panel of special jurors.
[No. 11 of 1864, s. 17.]
Special jury in civil suits.
[No. 11 of 1864, s, 17.]
2154
Certain names to be passed over.
Summoning juries.
[No. 11 of 1864, s. 13 No. 24 of 1882, s. 8.]
General list.
[No. 24 of 1882, s. 9, No. 8 of 1872, s. 2.]
Special jury in criminal cases.
[No. 8 of 1872, s. 1.]
Ballot for juries.
[No. 11 of 1864, s. 16.]
Keeping jury together.
[No. 8 of 1872, s. 45.]
2155
As to new jury for new cases.
[No. 11 of 1864, s. 21.]
2156
Power of Judge to direct jury to withdraw to consider their verdict when not unanimous.
Verdicts of majority to be verdict of jury unless in capital cases where unanimity is requisite.
[No. 11 of 1864, s. 3.]
Provision in case of death disability or non-attendance of juror.
[No. 11 of 1864, s. 24.]
Verdict how given.
[No. 11 of 1864, s. 26.]
2157
In case jury cannot agree upon verdict.
[No. 11 of 1864, s. 25.]
Power to the Court to exempt jurors.
[No. 11 of 1864, s. 18.]
No challenge except for cause.
[No. 11 of 1864, s. 20.]
Remuneration of special jurors.
[No. 8 of 1872, s. 3.]
2158
Non-attendance of jurors.
[No. 11 of 1864, s. 15.]
Fines levying.
[No. 11 of 1864. ss. 6 and 7.]
Inspection by jury.
[No. 3 of 1865, s, 31.]
Jurors on Lunacy cases.
Application of law of England in cases not provided for by this Ordinance.
2159
Form of summons to jurors.
Short title.
Repeals.
2151
Number of jurors on trial, &c.
[No. 11 of 1864, sec. 2.]
Qualification and exemptions [No. 11 of 1864, s. 4.]
Exemptions from serving as jurors.
Exemption or want of qualification to be a ground of challenge but not of avoiding trial.
2152
Names for and mode of obtaining jury list.
[No. 24 of 1882, s. 2.]
Formation of lists of common and special jurors.
[No. 24 of 1882, s.s. 4 & 17.]
List to b returned to the Registrar.
2153
Formation of special and common jurors.
[No. 11 of 1864, s. 12, No. 7 of 1868, s. 1, No. 24 of 1882, s. 7.]
Panel of common jurors.
Formation of panel of special jurors.
[No. 11 of 1864, s. 17.]
Special jury in civil suits.
[No. 11 of 1864, s, 17.]
2154
Certain names to be passed over.
Summoning juries.
[No. 11 of 1864, s. 13 No. 24 of 1882, s. 8.]
General list.
[No. 24 of 1882, s. 9, No. 8 of 1872, s. 2.]
Special jury in criminal cases.
[No. 8 of 1872, s. 1.]
Ballot for juries.
[No. 11 of 1864, s. 16.]
Keeping jury together.
[No. 8 of 1872, s. 45.]
2155
As to new jury for new cases.
[No. 11 of 1864, s. 21.]
2156
Power of Judge to direct jury to withdraw to consider their verdict when not unanimous.
Verdicts of majority to be verdict of jury unless in capital cases where unanimity is requisite.
[No. 11 of 1864, s. 3.]
Provision in case of death disability or non-attendance of juror.
[No. 11 of 1864, s. 24.]
Verdict how given.
[No. 11 of 1864, s. 26.]
2157
In case jury cannot agree upon verdict.
[No. 11 of 1864, s. 25.]
Power to the Court to exempt jurors.
[No. 11 of 1864, s. 18.]
No challenge except for cause.
[No. 11 of 1864, s. 20.]
Remuneration of special jurors.
[No. 8 of 1872, s. 3.]
2158
Non-attendance of jurors.
[No. 11 of 1864, s. 15.]
Fines levying.
[No. 11 of 1864. ss. 6 and 7.]
Inspection by jury.
[No. 3 of 1865, s, 31.]
Jurors on Lunacy cases.
Application of law of England in cases not provided for by this Ordinance.
2159
Form of summons to jurors.
Identifier
https://oelawhk.lib.hku.hk/items/show/536
Edition
1890
Volume
v4
Cap / Ordinance No.
No. 18 of 1887
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“JURY CONSOLIDATION ORDINANCE, 1887,” Historical Laws of Hong Kong Online, accessed January 19, 2025, https://oelawhk.lib.hku.hk/items/show/536.
