Special Jury.
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 a Juror in any case.
III. 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 IV. And be it further enacted and ordained, That every Special Jurors.
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 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: Pro- vided, 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
transmit same
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V. And be it further enacted and ordained, That from and out Jury Lists, and immediately after the publication of this Ordinance, the Registrar.
Sheriff of the said Colony of Hongkong shall make or cause to be made out, two separate and distinct lists, in alphabetical order, of all men who shall be qualified and liable to serve as Common or Special Jurors as aforesaid, setting forth the
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christian and sirnames 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, 1846.
VI. And be it further enacted and ordained, That if any Penalty on Sheriff Sheriff, or other minister, or Officer, shall wilfully insert or for neglect of duty. omit, in the lists of Jurors, the name of any man which 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.
Jury list to be in
VII. And be it further enacted and ordained, That on or before the first day of January which will be in the year of use for one year. our Lord One Thousand Eight Hundred and Forty-six, and on or before the first day of January in each and every sub- sequent 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 sum-
VIII. And be it further enacted and ordained, That when- ever it shall be requisite to summon a Jury, the Sheriff shall moning Juries. summon the persons whose names shall appear on the 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.
IX. 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, requiring the attendance thereat of eighteen good and lawful men 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.
X. And be it further enacted and ordained, That the Sheriff Panel. shall also, at the same time, cause to be delivered to the Registrar
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