JURORS ORDINANCE
Title
JURORS ORDINANCE
Description
Jurors.
No. 4 of 1861.
An Ordinance to repeal Ordinance No. 7 of 1845, entitled 'An Ordinance
for the Rebulation of Jurors and Juries,' and No. 4 of 1849 passed
for the Amendment thereof, and to Consolidate and Amend the
Enactments relating to Jurors acid Juries.
[10th September, 1851.]
WHEREAS it has been deemed expedient to repeal the said Ordinances No. 7 of
1845, and No. 4 of 1849, and to ordain other provisions for the regulation of
juries in civil and criminal cases:-
Of iR46 and No, 4
of 184a repealed.
Finding or
verdict of a
majority of 4
furors °nt of ct,
to he held as the
verdict of the
jury, unless in
capital cases,
whero tutanimt-
ty shall be requi.
site.
Jurors.
I. Be it therefore enacted and ordained by Isis Excellency tile G$vernor
of
Hongkong, with the advice of the Legislative Council thereof, that the
said two last
mentioned ordinances be and are hereby repealed, and that all questions
of fact, subject
to the exception hereinafter contained, 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 idiocy, lunacy, and unsoundness of mind, shall be decided by
a jury of Six
men. And that in the event of any two or one of tile said jury dissenting
from the
others, the unanimous verdict or finding of a majority of four, shall be
held and. deemed
to all intents and purposes as the verdict or finding of the said jury of
six men.
Provided always, that if any traverser or defendant be arraigned for any
offence visited
by the law with capital punishment, then and in such case the said jury
of six men
must be unanimous in their verdict or finding of guilty, in the same
manner as required
before the repeal of the said two last mentioned ordinances, in order to'
ground or
warrant a sentence of capital punishment. But should such a majority of
the said jury.
of six find any traverser or defendant guilty of a lesser crime than the
capital one, on,
which he may have been arraigned, then due sentence of law shall follow
the verdict or
finding of such majority.
ORDINANCE No. 4 of 181:
who qualified 2, And be it further enacted and ordained, that every male
person between the
to serve as
,jurors. ages of twenty-one and sixty years, being of sound mind, and not
afaicted with deafnessr
blindness, or other infirmity, who shall be a good and sufficient person
resident within
the said Colony, shall be qualified and liable to serve as a juror
therein: Provided, that
no member of the Colonial Councils, or 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 of the East India Company, nor any person ignorant of the
English
language, shall be, or be deemed liable to serve as a juror in any case.
Sheriff to make $, And be it further enacted and ordained, that from and
immediately -after the
out jury list, and y
transmit same publication of this Ordinance the sheriff of the said Colon
of Hongkong shall make
to Registrar, p ~ y a g
who sha
forwardllthe or cause to be made out, a list in alphabetical order of all
men who shall be qualified -
same. through
the aerxoftne and liable to servo as jurors as aforesaid, setting forth
the Christian and surnames of
Councils to the
Governor and each at full length, together with his place of abode, and
shall sign and transmit a copy.
Legislative
Council for
approval °r of such list to the Registrar of the Supreme Court, who shall
thereupon cause a copy of
,
alteration. such list to be posted for the term of one fortnight on or in
some conspicuous part of
the Court House, to the end that the inhabitants of the Colony may, as
the case shall
be, apply by notice in writing to the said Registrar requiring that their
names maybe.
-
respectively either added to or struck off- from the said list, upon
cause duly assigned
in such notice; and the said Registrar immediately after the expiration
of the time fort:
posting sucli Ust shall forward the salve, and such notices as may be so
served on him,,
to the Clerk owe Legislative Council, to the end that the said Governor
with the.
advice of the said Council (and he and they are hereby empowered so to
do) may strike-
ofF or add such name or names from among those of the said inhabitants as
to the said-,-:'
C1RDININCE .No. 4 of 181.
Jurors.
Governor and Council may appear fit: and which said list, when so
approved of or
altered, shall be returned to the said Registrar by the said Clerk of the
Councils, and
called the 'Jurors' List,' and shall be in force until the first day of
March, 185.
4. And be it further enacted and ordained, that if any sheriff, or other
minister, Penalty on
sheriff for
or officer, shall wilfully insert or omit, in the list of jurors, the
name of any man which neglect of duty.
ought not to be so inserted or omitted, according to the lest of jurors
so to be made
out as aforesaid, or shall fail to sign and transmit a correct copy of
such list to the said
Registrar 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 o£
the said Court.
5. And be it further enacted and ordained, that on or before the first
day of Jury list to ho to
Ilse fur one year.
January which will be in the year of our Lord one thousand eight hundred
and fifty-two,
and on or before the first day of January [' Febrzaary' as amended by
Ordinance No. 7
of 1857: See also No. 15 of 1856] in each and every subsequent year, the
said sheriff
shall male out and transmit a fresh jury list, in manner and form as
ltereiubefore
directed; and such fresh jury list, when so transmitted, and approved of
or altered as
aforesaid, shall be brought into use the first day of March then next
following, and
shall continue to be used for one year then next ensuing.
8. And be it further enacted and ordained, that when the said jury list
stall be
completed and returned to the said Registrar, he shall cause the names
therein to be
written on separate cards and placed in a ballot box to be kept for that
purpose; and
whenever it shall be requisite to summon a jury, the said sheriff shall
attend at the
Registrar's office, and in the presence of him or his deputy, draw from
the said box
eighteen ('ten' as amended by Ordinance No. 4 of 1854) of the said names
to form a
panel, and the cards so drawn shall thereupon be locked up in a separate
box, therein
to remain until the entire of the names in the said ballot box shall be
exhausted by
subsequent panels, when all the names of the said jurors shall be
returned to the said
ballot box, if required, for the purposes of the current year, and in
such case the said
names shall again be re-drawn in manner aforesaid. [Revived by Ordinance
No. 7 of 1857:
See also Ordinance No. 15 of 1856.]
7. And be it further enacted and ordained, that the sheriff shall also,
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 the said
eighteen persons ['ten' as amended by Ordinance No. 4 of 1854, Thirty
persons in criminal.
cases as amended by Ordinance No. 4 of 1862] so drawn from the ballot
box, and that
every such summons shall be personally served upon, or left at the usual
place of abode
of the person so summoned two clear days before the day appointed fad the
sitting o£
the Court. [Revived by Ordinance No. 7 of 1857: See also Ordinance Np.l-4
of 1856.]
8. And be it further enacted and ordained, that the sheriff shall also,
at the same
time, cause to be delivered to the Registrar, or clerk (as the case may
be) of the said
Manner of
f'ocntlng panel
For sunlinuohig
Panel.
ORDIIv'ANiCIiJ No. 4 or 151.
Jurors.
Court, a panel, containing the names, places of abode, and additions, of
the persons so
summoned.
Penalty far g, And be it further enacted and ordained, that if any juror,
having been duly
non-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 the sum of one hundred dollars, as to the said Court
shall seem meet.
Jury to be
balloted for.
Governor and
Council to mark
off the names
of not leas than
24 parsons in the
general jury list,
who shall be
liable to serve as
special furors.
Poorer to the
Court on cause
ehewn to exempt
jurors from aar-
ring, or to re.
move their names
from the list.
10. And be it further enacted and ordained, that at the sitting of the
Court the
names of all the jurors summoned shall be written on separate pieces of
card of
equal sire 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.
11. And be it further enacted and ordained, that when and so often as the
said
list of jurors shall have been transmitted by the said Registrar in
manner as aforesaid
to the said Governor and Legislative Council, he and they shall mark off,
and designate
with the term 'Special Juror,' not less than twenty-four of the names
contained in
the said list, and the persons whose names are so marked off or
designated, shall be
liable to serve both as special and common jurors, and the names of such
special jurors
shall be formed into a separate list; and 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, indict-
ment or information, tried by a special jury (such special jury to
consist of six men so
marked or designated as aforesaid), it shall be lawful for the Court,
upon motion for
that purpose, to appoint a special jury for the trial of any issue joined
in any of the
said cases and triable by a jury, which shall be balloted for from the
said special jury
list by the said sheriff in the presence of the said Registrar'or his
deputy (as hereinbe-
fore provided for in the case of a common jury) and summoned in the like
manner.
Provided 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.
And be it further provided, that the verdict or finding of every such
special jury shall
be subject to the said provisions respecting majorities, as if it were a
common. jury.
[So much as provides that the persons marked off as special jurors shall
be taken to serve bot3c
as special and common jurors repealed by Ordinance No. 2 of 1860.E
12. And be it further enacted and ordained, that nothing lierein
contained shall-:
prevent the said Court from exempting in its discretion airy person or
persons from
serving as a juror on any trial, or from removing their names from the
list of jurors;
on cause being shewn for so doing.
ORDINANCE No. 4 of 1851.
Jurors.
13. And be it further enacted and ordained, that no person who shall be
put & Dept ilor sense.
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 deft. Tatesroen.
ciency 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.
15. And be it further enacted and ordained, that the names of the persons
sworn
as jurors, in manner aforesaid, shall be marked on the list; and those
names so drawn
shall be kept apart by themselves until such jury shall kayo given in
their verdict, and
the same shall be recorded, or until such jury stall, 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
names remaining at that time undrawn; and so often and so long as any
case remains
to be tried: Provided always, that if any case shall be brought on to be
tried in the
said Court, before 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 cards for the trial of the case which shall be so brouglit on to be
tried: Provided
also, that where no objection shall be 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 box and redrawn, or to
order the namo
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 box, 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.
16. 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 sum-
med up the evidence, and has left the case with the said jury; and if any
such jury
shall 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. And be it further 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
As to jury fur
new cases.
How jury, when
sworn or char-
ged with any
prisoner, to be
kept.
How jury to be
kepGwhen ne-
cessary to ad-
journ the Court.
ORDINANCE No. 4 or 1851.
Jurors.
convenient place in the neighbourhood o£ the Court during the said
adjournment, under
the charge of a proper officer of the Court.
Provision to case 1$. And be it furthei enacted and ordained, that if,
during the trial of any action,
of death or alsa-
vuttyotjnror indictment, or information, any one or any two of the said
jurors shrill 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, indictment, 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 remaining jurors, or by a
majority, 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 of six jurors; Provided always, that
in capital cases
the said remaining jurors must be unanimous in their -verdict, in order
to warrant sen-
tence of capital punishment to be passed on the traverser or defendant;
but if he be
found guilty of a crime less than the capital one on which be is
arraigned, then due.
sentence shall follow the finding of such majority; Provided always, that
it shall be
lawful for the Court, instead of proceeding with the trial with the said
remaining jurors,
to cause a new jury to be impanelled, sworn, and charged with any
prisoner; and the
action, indictment, or information stall be tried as if such first jury
had not been im-
panelled.
In case Jnry 19. And be it further enacted and ordained, that whenever the
jury in any case
Gannet agree nr-
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
ox' sessions shall have been disposed of, and when it shall sufficiently
appear to the Court
that the said jury cannot agree upon a verdict, and that there be not
such a majority
or majorities as aforesaid agreeing, 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,
indictment, or information shall be tried as if such first jury had not
been impanelled.
Verdict.
20. And be it further enacted and ordained, that the verdict of the jury
ox ma-
jorities as hereinbofore mentioned, shall in 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 thereupon recorded by the
Registrar of the said
Court; and the said Registrar shall, before taking the said verdict, ask
if they are all
or by what majority 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 tie said jury shall either pronounce a general verdict
for the pia,in-
tiff, or defendant, or of ' 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.
Not to extend 21. And be it further enacted and ordained, that nothing
herein contained shall,
to coroners ju-
ries. be held to extend to, or alter the Ordinance No. 5 of 1847, entitled
'An Ordinance for
regulating Juries at Coroner's Inquests.'
Ordinance No. 4 of 1851.
Marriage.
22. And be it further enacted and ordained, that in the construction of
this Or- Interpretation
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 something
in the subject or context repugnant to such construction.
SCHEDULE TO WHICH THIS ORDINTANCE REFERS.
Stt»avnmts to Jzrrnrc.
11Ir. A. Ii,
You are hereby summoned to appear as a juror at the Supreme Court to be
holders at
in this Colony, on the clay of
attend from day to day until you shall be discharged from the said Court.
(Signed),
neat, and there to
C. D.,-Sltcrfff.
1V 13.-The penalty for disobedience hereto is any sum not exceeding one
hundred dollars.
[Repealed by Ord. No. 11 of 1864.]
251
Title.
Preamble.
Ordinances No. 7 of 1845 and No. 4 of 1849 repealed.
Finding or verdict of a majority of 4 jurors out of 6, to be held as the verdict of the jury, unless in capital cases, where unanimity shall be requisite.
Who qualified to serve as jurors.
Sheriff to make out jury list, and transmit same to Registrar, who shall forward the same through the Clerk of the Councils to the Governor and Legislative Council for approval ro alteration.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than 24 persons in the general jury list, who shall be liable to serve as special jurors.
Power to the Court on cause shewn to exempt jurors from serving, or to remove their names from the list.
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 fo juror.
In case jury cannot agree upon verdict.
Verdict.
Not to extend to coroner's juries.
257
Interpretation clause.
No. 4 of 1861.
An Ordinance to repeal Ordinance No. 7 of 1845, entitled 'An Ordinance
for the Rebulation of Jurors and Juries,' and No. 4 of 1849 passed
for the Amendment thereof, and to Consolidate and Amend the
Enactments relating to Jurors acid Juries.
[10th September, 1851.]
WHEREAS it has been deemed expedient to repeal the said Ordinances No. 7 of
1845, and No. 4 of 1849, and to ordain other provisions for the regulation of
juries in civil and criminal cases:-
Of iR46 and No, 4
of 184a repealed.
Finding or
verdict of a
majority of 4
furors °nt of ct,
to he held as the
verdict of the
jury, unless in
capital cases,
whero tutanimt-
ty shall be requi.
site.
Jurors.
I. Be it therefore enacted and ordained by Isis Excellency tile G$vernor
of
Hongkong, with the advice of the Legislative Council thereof, that the
said two last
mentioned ordinances be and are hereby repealed, and that all questions
of fact, subject
to the exception hereinafter contained, 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 idiocy, lunacy, and unsoundness of mind, shall be decided by
a jury of Six
men. And that in the event of any two or one of tile said jury dissenting
from the
others, the unanimous verdict or finding of a majority of four, shall be
held and. deemed
to all intents and purposes as the verdict or finding of the said jury of
six men.
Provided always, that if any traverser or defendant be arraigned for any
offence visited
by the law with capital punishment, then and in such case the said jury
of six men
must be unanimous in their verdict or finding of guilty, in the same
manner as required
before the repeal of the said two last mentioned ordinances, in order to'
ground or
warrant a sentence of capital punishment. But should such a majority of
the said jury.
of six find any traverser or defendant guilty of a lesser crime than the
capital one, on,
which he may have been arraigned, then due sentence of law shall follow
the verdict or
finding of such majority.
ORDINANCE No. 4 of 181:
who qualified 2, And be it further enacted and ordained, that every male
person between the
to serve as
,jurors. ages of twenty-one and sixty years, being of sound mind, and not
afaicted with deafnessr
blindness, or other infirmity, who shall be a good and sufficient person
resident within
the said Colony, shall be qualified and liable to serve as a juror
therein: Provided, that
no member of the Colonial Councils, or 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 of the East India Company, nor any person ignorant of the
English
language, shall be, or be deemed liable to serve as a juror in any case.
Sheriff to make $, And be it further enacted and ordained, that from and
immediately -after the
out jury list, and y
transmit same publication of this Ordinance the sheriff of the said Colon
of Hongkong shall make
to Registrar, p ~ y a g
who sha
forwardllthe or cause to be made out, a list in alphabetical order of all
men who shall be qualified -
same. through
the aerxoftne and liable to servo as jurors as aforesaid, setting forth
the Christian and surnames of
Councils to the
Governor and each at full length, together with his place of abode, and
shall sign and transmit a copy.
Legislative
Council for
approval °r of such list to the Registrar of the Supreme Court, who shall
thereupon cause a copy of
,
alteration. such list to be posted for the term of one fortnight on or in
some conspicuous part of
the Court House, to the end that the inhabitants of the Colony may, as
the case shall
be, apply by notice in writing to the said Registrar requiring that their
names maybe.
-
respectively either added to or struck off- from the said list, upon
cause duly assigned
in such notice; and the said Registrar immediately after the expiration
of the time fort:
posting sucli Ust shall forward the salve, and such notices as may be so
served on him,,
to the Clerk owe Legislative Council, to the end that the said Governor
with the.
advice of the said Council (and he and they are hereby empowered so to
do) may strike-
ofF or add such name or names from among those of the said inhabitants as
to the said-,-:'
C1RDININCE .No. 4 of 181.
Jurors.
Governor and Council may appear fit: and which said list, when so
approved of or
altered, shall be returned to the said Registrar by the said Clerk of the
Councils, and
called the 'Jurors' List,' and shall be in force until the first day of
March, 185.
4. And be it further enacted and ordained, that if any sheriff, or other
minister, Penalty on
sheriff for
or officer, shall wilfully insert or omit, in the list of jurors, the
name of any man which neglect of duty.
ought not to be so inserted or omitted, according to the lest of jurors
so to be made
out as aforesaid, or shall fail to sign and transmit a correct copy of
such list to the said
Registrar 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 o£
the said Court.
5. And be it further enacted and ordained, that on or before the first
day of Jury list to ho to
Ilse fur one year.
January which will be in the year of our Lord one thousand eight hundred
and fifty-two,
and on or before the first day of January [' Febrzaary' as amended by
Ordinance No. 7
of 1857: See also No. 15 of 1856] in each and every subsequent year, the
said sheriff
shall male out and transmit a fresh jury list, in manner and form as
ltereiubefore
directed; and such fresh jury list, when so transmitted, and approved of
or altered as
aforesaid, shall be brought into use the first day of March then next
following, and
shall continue to be used for one year then next ensuing.
8. And be it further enacted and ordained, that when the said jury list
stall be
completed and returned to the said Registrar, he shall cause the names
therein to be
written on separate cards and placed in a ballot box to be kept for that
purpose; and
whenever it shall be requisite to summon a jury, the said sheriff shall
attend at the
Registrar's office, and in the presence of him or his deputy, draw from
the said box
eighteen ('ten' as amended by Ordinance No. 4 of 1854) of the said names
to form a
panel, and the cards so drawn shall thereupon be locked up in a separate
box, therein
to remain until the entire of the names in the said ballot box shall be
exhausted by
subsequent panels, when all the names of the said jurors shall be
returned to the said
ballot box, if required, for the purposes of the current year, and in
such case the said
names shall again be re-drawn in manner aforesaid. [Revived by Ordinance
No. 7 of 1857:
See also Ordinance No. 15 of 1856.]
7. And be it further enacted and ordained, that the sheriff shall also,
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 the said
eighteen persons ['ten' as amended by Ordinance No. 4 of 1854, Thirty
persons in criminal.
cases as amended by Ordinance No. 4 of 1862] so drawn from the ballot
box, and that
every such summons shall be personally served upon, or left at the usual
place of abode
of the person so summoned two clear days before the day appointed fad the
sitting o£
the Court. [Revived by Ordinance No. 7 of 1857: See also Ordinance Np.l-4
of 1856.]
8. And be it further enacted and ordained, that the sheriff shall also,
at the same
time, cause to be delivered to the Registrar, or clerk (as the case may
be) of the said
Manner of
f'ocntlng panel
For sunlinuohig
Panel.
ORDIIv'ANiCIiJ No. 4 or 151.
Jurors.
Court, a panel, containing the names, places of abode, and additions, of
the persons so
summoned.
Penalty far g, And be it further enacted and ordained, that if any juror,
having been duly
non-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 the sum of one hundred dollars, as to the said Court
shall seem meet.
Jury to be
balloted for.
Governor and
Council to mark
off the names
of not leas than
24 parsons in the
general jury list,
who shall be
liable to serve as
special furors.
Poorer to the
Court on cause
ehewn to exempt
jurors from aar-
ring, or to re.
move their names
from the list.
10. And be it further enacted and ordained, that at the sitting of the
Court the
names of all the jurors summoned shall be written on separate pieces of
card of
equal sire 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.
11. And be it further enacted and ordained, that when and so often as the
said
list of jurors shall have been transmitted by the said Registrar in
manner as aforesaid
to the said Governor and Legislative Council, he and they shall mark off,
and designate
with the term 'Special Juror,' not less than twenty-four of the names
contained in
the said list, and the persons whose names are so marked off or
designated, shall be
liable to serve both as special and common jurors, and the names of such
special jurors
shall be formed into a separate list; and 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, indict-
ment or information, tried by a special jury (such special jury to
consist of six men so
marked or designated as aforesaid), it shall be lawful for the Court,
upon motion for
that purpose, to appoint a special jury for the trial of any issue joined
in any of the
said cases and triable by a jury, which shall be balloted for from the
said special jury
list by the said sheriff in the presence of the said Registrar'or his
deputy (as hereinbe-
fore provided for in the case of a common jury) and summoned in the like
manner.
Provided 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.
And be it further provided, that the verdict or finding of every such
special jury shall
be subject to the said provisions respecting majorities, as if it were a
common. jury.
[So much as provides that the persons marked off as special jurors shall
be taken to serve bot3c
as special and common jurors repealed by Ordinance No. 2 of 1860.E
12. And be it further enacted and ordained, that nothing lierein
contained shall-:
prevent the said Court from exempting in its discretion airy person or
persons from
serving as a juror on any trial, or from removing their names from the
list of jurors;
on cause being shewn for so doing.
ORDINANCE No. 4 of 1851.
Jurors.
13. And be it further enacted and ordained, that no person who shall be
put & Dept ilor sense.
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 deft. Tatesroen.
ciency 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.
15. And be it further enacted and ordained, that the names of the persons
sworn
as jurors, in manner aforesaid, shall be marked on the list; and those
names so drawn
shall be kept apart by themselves until such jury shall kayo given in
their verdict, and
the same shall be recorded, or until such jury stall, 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
names remaining at that time undrawn; and so often and so long as any
case remains
to be tried: Provided always, that if any case shall be brought on to be
tried in the
said Court, before 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 cards for the trial of the case which shall be so brouglit on to be
tried: Provided
also, that where no objection shall be 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 box and redrawn, or to
order the namo
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 box, 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.
16. 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 sum-
med up the evidence, and has left the case with the said jury; and if any
such jury
shall 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. And be it further 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
As to jury fur
new cases.
How jury, when
sworn or char-
ged with any
prisoner, to be
kept.
How jury to be
kepGwhen ne-
cessary to ad-
journ the Court.
ORDINANCE No. 4 or 1851.
Jurors.
convenient place in the neighbourhood o£ the Court during the said
adjournment, under
the charge of a proper officer of the Court.
Provision to case 1$. And be it furthei enacted and ordained, that if,
during the trial of any action,
of death or alsa-
vuttyotjnror indictment, or information, any one or any two of the said
jurors shrill 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, indictment, 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 remaining jurors, or by a
majority, 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 of six jurors; Provided always, that
in capital cases
the said remaining jurors must be unanimous in their -verdict, in order
to warrant sen-
tence of capital punishment to be passed on the traverser or defendant;
but if he be
found guilty of a crime less than the capital one on which be is
arraigned, then due.
sentence shall follow the finding of such majority; Provided always, that
it shall be
lawful for the Court, instead of proceeding with the trial with the said
remaining jurors,
to cause a new jury to be impanelled, sworn, and charged with any
prisoner; and the
action, indictment, or information stall be tried as if such first jury
had not been im-
panelled.
In case Jnry 19. And be it further enacted and ordained, that whenever the
jury in any case
Gannet agree nr-
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
ox' sessions shall have been disposed of, and when it shall sufficiently
appear to the Court
that the said jury cannot agree upon a verdict, and that there be not
such a majority
or majorities as aforesaid agreeing, 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,
indictment, or information shall be tried as if such first jury had not
been impanelled.
Verdict.
20. And be it further enacted and ordained, that the verdict of the jury
ox ma-
jorities as hereinbofore mentioned, shall in 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 thereupon recorded by the
Registrar of the said
Court; and the said Registrar shall, before taking the said verdict, ask
if they are all
or by what majority 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 tie said jury shall either pronounce a general verdict
for the pia,in-
tiff, or defendant, or of ' 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.
Not to extend 21. And be it further enacted and ordained, that nothing
herein contained shall,
to coroners ju-
ries. be held to extend to, or alter the Ordinance No. 5 of 1847, entitled
'An Ordinance for
regulating Juries at Coroner's Inquests.'
Ordinance No. 4 of 1851.
Marriage.
22. And be it further enacted and ordained, that in the construction of
this Or- Interpretation
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 something
in the subject or context repugnant to such construction.
SCHEDULE TO WHICH THIS ORDINTANCE REFERS.
Stt»avnmts to Jzrrnrc.
11Ir. A. Ii,
You are hereby summoned to appear as a juror at the Supreme Court to be
holders at
in this Colony, on the clay of
attend from day to day until you shall be discharged from the said Court.
(Signed),
neat, and there to
C. D.,-Sltcrfff.
1V 13.-The penalty for disobedience hereto is any sum not exceeding one
hundred dollars.
[Repealed by Ord. No. 11 of 1864.]
251
Title.
Preamble.
Ordinances No. 7 of 1845 and No. 4 of 1849 repealed.
Finding or verdict of a majority of 4 jurors out of 6, to be held as the verdict of the jury, unless in capital cases, where unanimity shall be requisite.
Who qualified to serve as jurors.
Sheriff to make out jury list, and transmit same to Registrar, who shall forward the same through the Clerk of the Councils to the Governor and Legislative Council for approval ro alteration.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than 24 persons in the general jury list, who shall be liable to serve as special jurors.
Power to the Court on cause shewn to exempt jurors from serving, or to remove their names from the list.
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 fo juror.
In case jury cannot agree upon verdict.
Verdict.
Not to extend to coroner's juries.
257
Interpretation clause.
Abstract
251
Title.
Preamble.
Ordinances No. 7 of 1845 and No. 4 of 1849 repealed.
Finding or verdict of a majority of 4 jurors out of 6, to be held as the verdict of the jury, unless in capital cases, where unanimity shall be requisite.
Who qualified to serve as jurors.
Sheriff to make out jury list, and transmit same to Registrar, who shall forward the same through the Clerk of the Councils to the Governor and Legislative Council for approval ro alteration.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than 24 persons in the general jury list, who shall be liable to serve as special jurors.
Power to the Court on cause shewn to exempt jurors from serving, or to remove their names from the list.
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 fo juror.
In case jury cannot agree upon verdict.
Verdict.
Not to extend to coroner's juries.
257
Interpretation clause.
Title.
Preamble.
Ordinances No. 7 of 1845 and No. 4 of 1849 repealed.
Finding or verdict of a majority of 4 jurors out of 6, to be held as the verdict of the jury, unless in capital cases, where unanimity shall be requisite.
Who qualified to serve as jurors.
Sheriff to make out jury list, and transmit same to Registrar, who shall forward the same through the Clerk of the Councils to the Governor and Legislative Council for approval ro alteration.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than 24 persons in the general jury list, who shall be liable to serve as special jurors.
Power to the Court on cause shewn to exempt jurors from serving, or to remove their names from the list.
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 fo juror.
In case jury cannot agree upon verdict.
Verdict.
Not to extend to coroner's juries.
257
Interpretation clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/69
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 4 of 1851
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“JURORS ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/69.
