THE HONGKONG government GAZETTE, 17TH SEPTEMBER, 1864.
the Sheriff shall attend at the Registrar's Office and, in the presence of him or his Deputy, draw from the said Box Eighteen, and at Criminal Sessions, Thirty 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 Ballot Box shall be exhausted by subsequent Panels, when all the Names of the Jurors shall be returned to the Ballot Box, if required, for the purposes of the current Year, and in such Case the Names shall again be redrawn in manner aforesaid.
XIII. The Sheriff shall, before the Sitting of any Court whereat a Jury shall be necessary, issue Summonses according to the Form in the Schedule (B,) hereunto annexed, requiring the Attendance thereat of the Persons so drawn from the Ballot Box, and 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 for the Sitting of the Court.
XIV. The Sheriff shall also, at the same time, cause to be delivered to the Registrar, Deputy Registrar or Clerk of the Court, a Panel containing the names, places of Abode, and Additions, of the Persons so summoned.
XV. If any Juror having been duly served with such Summons, shall fail to attend, or being present shall not appear when called, or after appearance shall with- draw himself without the Permission of the Court, the 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.
337
For Summoning Juries.
Pauel.
Penalty for Non- attendance.
for.
XVI. At the Sitting of the Court the Names of all the Jurors summoned shall be Jury to be balloted written on separate pieces of Card of equal Size and put into a Box, and the Registrar, Deputy Registrar or Clerk of the said Court shall, in open Court, draw therefrom until Seven 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.
Names of not less than
in the General Jury
XVII. When and so often as the List of Jurors shall have been transmitted by Governor and Coun the Registrar in manner aforesaid to the Governor and Legislative Council, he and to mark off the they shall mark off, and designate with the Term, "Special Juror," not less than Twenty-four Persons Twenty-four of the Names contained in the List, and the Names of such Special Jurors List, who shall be liable shall be formed into a separate List; and if either the Plaintiff or the Defendant in any to serve as Special Suit or Action, or the Prosecutor or Defendant in any Indictment or Information other' Jurors. than for Treason or Felony, shall be desirous of having such Suit or Action, Indictment or Information, tried by a Special Jury, (such Special Jury to consist of Seven Men so marked or designated as aforesaid,) it shall be lawful for the Court to order and appoint a Special Jury to be struck by the Registrar, and summoned in the manner provided with respect to Common Jurors; 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 Rule or Order of Court to be of no effect. And it is hereby further provided, that Special Jurors shall be exempt from serving on any Common Jury, and that the Verdict of every Special Jury shall be subject to the said Provisions respecting Majorities, as if it were a Common Jury,
XVIII. Nothing herein contained shall prevent the Court from exempting in its Power to the Court Discretion any Person or Persons from serving as a Juror on any Trial, or from to exempt Jurors. removing their Names from the List of Jurors, on Cause being shewn for so doing.
for Cause,
XIX. No Person who shall be put upon his Trial either for Treason, Felony, or No Challenge except Misdemeanour, shall be allowed to challenge any of the Jurors except for Cause.
Talesman.
XX. Whenever there shall be a Deficiency of Jurors, it shall be lawful for the Court, at the Prayer of either of the Parties in the Cause, with or without the consent of the opposite Party, to put upon the. Jury so many good and lawful Men of the Bystanders, as shall be sufficient to make up the full Number thereof.
XXI. The Names of the Persons sworn as Common Jurors in manner aforesaid, As to new Jury for shall be marked on the List; and those Names so drawn shall be kept apart by them-new Cases. selves until all the Names in the Ballot Box shall have been drawn: Provided always, that if any Case shall be brought on to be tried in the Court before the Jury in any