ORDINANCE No. 15 OF 1844.
Supreme Court.
required that security shall also be given by the party or parties appellant, to the satisfaction of the said Court, for the prosecution of the appeal and for the payment of all such costs as may be awarded by Her Majesty, Her Heirs and Successors, to the party respondent: and if such last mentioned security shall be entered into within one month from the date of such petition for leave to appeal, then, and not otherwise, the said Court shall allow the appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her, or their appeal to Her Majesty, Her Heirs or Successors in Council, in such manner and under such rules as are observed in appeals made to Her Majesty from her plantations or colonies. Provided always, that nothing herein contained shall be construed to affect or abridge in any way the right of any person or persons to present his, her, or their petition or appeal, against any judgment, or determination of the said Court, to Her Majesty, Her Heirs and Successors, in Council.
70. And be it further enacted and ordained, that in all cases of appeal allowed by the said Court, or by Her Majesty, Her Heirs and Successors, the said Court shall certify and transmit to Her Majesty, Her Heirs and Successors in Council, a true and exact copy of all evidence, proceedings, judgments, decrees, and orders, had or made in such cases appealed against, as far as the same have relation to the matters of appeal: such copies to be certified under the seal of the said Court.
71. And be it further enacted and ordained, that the said Court shall in all cases of appeal to Her Majesty, Her Heirs or Successors, conform to and execute, or cause to be executed, such judgments and orders as Her said Majesty, Her Heirs and Successors shall think fit to make in the premises, in such manner as any original judgment, decree, or decretal order, or other order or rule of the said Supreme Court of Hongkong, should or might have been executed.
72. And Whereas, owing to the smallness of the population at present existing in the Colony of Hongkong, very great hardship and inconvenience would be entailed upon such of the inhabitants thereof as are fit and qualified to act as jurors, by requiring, according to the law and custom of England, the full number of twelve persons to constitute a jury upon the trial of civil and criminal proceedings; Be it therefore further enacted and ordained, that all questions of fact, whether of a civil or criminal nature, upon which issue shall be taken in the course of any proceeding before the said Supreme Court, and all questions of idiotcy, lunacy, or unsoundness of mind, shall be decided by the verdict of a jury of six men.
73. And be it further enacted and ordained, that every male person between the ages of twenty-one years and sixty years, being of sound mind, and not afflicted with deafness, blindness, or other infirmity, who shall hold property in lands, houses, buildings, or tenements, of the monthly value of twenty-five dollars or upwards, either in his own right, or as tenant to any other person, or who shall be in the receipt of an annual salary or income of not less than one thousand dollars per annum, within the said Colony of Hongkong, and who shall reside within the same, shall be qualified and liable to serve as a common juror therein: Provided, that no person holding any office or situation of
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Copies of proceedings to be forwarded to
Court to execute judgment in appeal.
Trial by Jury,
Number of Jurors.
Who qualified and liable to serve as common jurors.