Copies of Proceedings to be forwarded to England.
or are directed to pay any such sum of money, or perform any duty, the said Court shall, and is hereby empowered, either to direct that the judgment, decrees, order, or sentence appealed from, shall be carried into execution, or that the execution thereof shall be suspended, pending the said appeal, as to the said Court may appear to be most consistent with real and substantial justice: and in case the said Court shall direct such judgment, decree, order, or sentence, to be carried into execution, the person or persons in whose favor the same shall be given, shall, before the execution thereof, enter into good and sufficient security, to be approved by the said Court, for the due performance of such judgment, or order, as her Majesty, her Heirs and Successors, shall think fit to make thereupon: or in case the said Court shall direct the execution of any such judgment, decree, order, or sentence, to be suspended pending the appeal, the person or persons, against whom the same shall have been given, shall in like manner, and before any order for the suspension of any such execution is made, enter into good and sufficient security to the said Court for the due performance of such judgment, or order, as her Majesty, her Heirs and Successors, shall think fit to make thereupon: and in all cases it is 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.
Court to execute
71.-And be it further enacted and ordained, That the said Court shall in all cases Judgment in appeal, 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.
TRIAL BY JURY,
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 Number of Jurors, 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.
Who qualified and 73. And be it further enacted and ordained, That every male person between the liable to serve as ages of twenty-one years and sixty years, being of sound mind, and not afflicted with Common Jurors. 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 emolument under the Government of Hongkong, nor any Barrister, Physician, Attorney, or Surgeon actually practising as such within the said Colony, nor any Clergyman, or Dissenting Minister, nor any Officer employed in the Military or Naval Service of Her Majesty, or the East India Company, shall be, or be deemed liable to serve as Juror in any case.
Special Jury.
74. And be it further enacted and ordained, That if either the Plaintiff or the Defendant in any suit or action, or the Prosecutor or Defendant in any indictment, or information, other than for treason, or felony, shall be desirous of having such suit or action, indictment or information, tried by a Special Jury, (such special Jury to consist of six men qualified as hereinafter mentioned) it shall be lawful for the Court, upon motion for that purpose, to order and appoint a Special Jury to be struck before the Registrar, or other officer of the Court, for the trial of any issue joined in any of the said cases, and triable by a Jury, in such manner as is usual in England, or as the Court shall direct: 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.
Qualification of
75.-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 Special Jurors. deafness, blindness, or other infirmity, who shall be an Esquire or person of higher degree, or who shall carry on the trade or business of a banker or merchant within the said Colony of Hongkong, and who shall reside within the same, shall be qualified and liable to serve as a Special Juror therein: Provided, that no person who is hereinbefore exempted from serving as a Common Juror shall be liable to serve on any Special Jury.
Sheriff to make
76.-And be it further enacted and ordained, That from and immediately after the publication of this Ordinance, the Sheriff of the said Colony of Hongkong shall make or out Jury lists and cause to be made out, two separate and distinct lists, in alphabetical order, of all men transmit same to Re- who shall be qualified and liable to serve as Common or Special Jurors as aforesaid, gistrar. setting forth the Christian and surnames of each at full length, together with his place of abode, and shall sign and transmit copies of such lists to the Registrar of the said Supreme Court, which lists when so transmitted shall be called respectively the "Common Jurors List," and the "Special Jurors List," and shall be in use until the 1st day of March 1845.
77.-And be it further enacted and ordained, That if any Sheriff, or other minister, or officer, shall wilfully insert, or omit, in the lists of Jurors the name of any man which Penalty on Sheriff for neglect of duty. ought not to be so inserted, or omitted, according to the lists of Jurors so to be made out as aforesaid, or shall fail to sign and transmit correct copies of such lists 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 of the said Court.
78-And be it further enacted and ordained, That on or before the first day of Jury lists to be in January which will be in the year of our Lord One thousand eight hundred and forty- use for one year. five, and on or before the first day of January in each and every subsequent year, the said Sheriff shall make out, and transmit, two fresh Jury lists, in manner and form as hereinbefore directed; and all such fresh Jury lists, when so transmitted, shall be brought into use the first day of March then next following, and shall continue to be used for one year then next ensuing.
Order of summon-
79-And be it further enacted and ordained, That whenever it shall be requisite to summon a Jury, the Sheriff shall summon the persons whose names shall appear on the ing Juries. Jury list in the order in which they shall be placed; and, at the commencement of every year, he shall begin with the names in the new list next after the names of the persons who were last summoned in the preceding year.
80.-And be it further enacted and ordained, That the Sheriff shall, before the sitting of any Court whereat a Jury shall be necessary, issue summonses according to the form in the Schedule hereunto annexed, marked (N°. 7.) requiring the attendance thereat of eighteen good and lawful men then qualified and liable to serve as aforesaid, and not being of affinity or kin to either of the parties to the suit or prosecution; and that every such summons shall be personally served upon, or left at the usual place of abode of, the person summoned, two clear days before the day appointed for the sitting of the Court.
81. 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 Court, a panel containing the names, places of abode, and additions, of the persons so summoned.
Summons.
Panel.
Penalty for non
82.-And be it further enacted and ordained, That if any Juror having been duly served with such summons, shall fail to attend, or being present shall not appear when attendance. 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) set upon the person so making default such fine not exceeding, in the case of a Common Juror, the sum of One hundred Dollars, and in the case of a Special Juror not exceeding the sum of Two hundred Dollars, as to the said Court shall seem meet.
83. 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 or paper of equal size and put into a box, and the Registrar or Clerk of the said Court shall, in open Court, draw therefrom until six Jurors appear, who, after all just causes of challenge allowed, shall remain as fair and indifferent, and the same shall be done whenever it shall be necessary to form a new Jury.
Jury to be balloted
131