You shall have in charge, and true verdict give, according to the evidence which you shall hear touching the charge against the prisoner—SO HELP YOU GOD.
No. 12. Form of "Oath to Challenged Petty Jurymen.
You shall true answer make, to all such questions as shall be asked of you by the Court [or by the persons appointed by the Court] touching the Challenge which the prisoner at the bar has made in your name.—SO HELP YOU GOD.
No. 17. Form of Subpoena to Witnesses
In the Queen's name, take notice, that you are hereby required to lay aside all pretences and excuses whatever, and to appear before the Court of Criminal and Admiralty Jurisdiction, in your proper person, at the Sessions, to be held at Hong-Kong, on the
day of
to testify to the truth, and give evidence, upon the trial of
and this you are not to omit, under the penalty of not exceeding $200, at the discretion of the Court.
Date and Place.
for
Signed,
Recording Officer.
No. 13. Form of "Oath to Triers of the following Forms are to be used in examination N. B. With reference to Rule 3 of Section II.
Challenged Jury-men,
You shall and will truly try, inquire, and declare to the Court whether N. P. [the Challenged Juryman's name &c. to be inserted.] stands indifferent between the parties to this issue—SO HELP YOU GOD.
No. 14. Form of Oath to Interpreters (when required.)
You shall true Interpretation make of the evidence between the Court, the Jury, and the Prisoner at the Bar, according to the best of your skill and understanding—SO HELP YOU GOD.
184
No. 15. Form of Surety Bond.
This
day of
P. N. (Name of Person bound over) did come before me, (or us, as the case may be) and acknowledge that he was indebted to our Sovereign Lady the Queen, in the sum of $
if he, the said P. N., should fail in attending personally to give evidence at the next Session, to be holden at Hong-Kong, in a certain charge against A. B. And if the said P. N. shall duly attend and give evidence, and shall not depart without the leave of the Court, then this Recognizance is to be void, or else to remain in full force.
Date and Place.
Signed,
Form of Oath to Witnesses. You shall true answer make to all such questions as shall be demanded of you—SO HELP YOU GOD.
Form of Recording Deposition of Witnesses.
TO WIT. The examination of G H [residence and profession] taken on oath, this
day of
before me, or us, in the presence and hearing of A B, charged with offence described as in the Warrant of Commitment which said G H saith as follows. The very words used by the witness, are as nearly as possible to be inserted, and also the very words of all questions put to him. The witness to be asked to subscribe his name to the deposition, though it is not absolutely requisite, to establish its validity.
Taken before me, or us, this
day 184
Form of Examination of the accused [not to be on Oath].
TO WIT. The Examination of A B, residence
of
and profession taken this day before me, or us,
No. 16. Form of Authority to examine Witnesses.
In the Queen's name, these are to authorize you: (Names of Examining Authorities) to call before you (Names of Witnesses) and to examine them, after having duly sworn them to speak the truth, the whole truth, and nothing but the truth, as to the information and knowledge they possess in a certain case, pending between our Sovereign Lady the Queen and A. B. [Name of Prisoner] who stands charged with (Crime, when and where committed) And this examination you are to make in presence of the said A. B., and to allow him either himself, or through his Attorney, or other Person named by him, to cross-examine the said (Names of Witnesses) and the whole of your said examination and proceedings, you are to carefully record in writing, and transmit under your respective Signatures and Seals to me.
Date and Place.
J
CHIEF SUPERINTENDENT.
The said A B being charged with offence
examination saith the very words to be put down that the accused uses.
If the accused remains silent, or refuses to say anything in his own behalf, the Examination should close with,
"And the Witnesses against the said A B having been examined in his presence, the said A B is now asked by me or us if he wish to say anything in his own behalf, whereupon, the said A B answereth Nothing, or saith" Entering his very words.
If the accused wishes to call witnesses, they may be examined on oath, like the witnesses against him.
When there are more than one person accused, they ought to be examined apart, and to be allowed no communication with each other till the whole of the Examinations are finished.
HENRY POTTINGER,
424
shall have in charge, and true verdict give, accord- ing to the evidence which you shall hear touching the charge against the prisoner-SO HELP YOU GOD.
No. 12. Form of "Outh to Challenged Petty Jurymen.
You shall true answer, make, to all such ques- tions as shall be asked of you by the Court [or by the persons appointed by the Court] touching the Challenge which the prisoner at the bar has made in your name.-SO HELP YOU GOD.
No. 17. Form of Supana to Witnesses
In the Queen's name, take notice, that you are hereby required to lay aside all pretences and excuses whatever, and to appear before the Court of Criminal and Admiralty Jurisdiction, in your proper person, at the Sessions, to be held at Hong- Kong, on the
day of
to testify to the truth, and give evidence, upon the trial of and this you are not to omit, under the penalty of hot ex- ceeding 82002 at the discretion of the Court.
Date and Place.
for
Signed,
Recording Officer. No. 13. Form of "Oath to Triers of the following Forms are to be used in examination N. B, With reference to Rule 3 of Section II»
Challenged Jury-men,
You shall and will truly try, inquire, and declare to the Court whether N. P. [the Challenged Jury- man's name &c. to be inserted.] stands indifferent between the parties to this issue-80 HELP YOU GOD.
No. 14. Form of Oath to Interpreters (when required.)
You shall true Interpretation make of the evidence between the Court, the Jury, and the Prisoner at the Bar, according to the best of your skill and understanding SO HELP YOU GOD,
184
No. 15. Form of Surety Bond.
This
day of 2
P. N. (Name of Person bound over) did come before me, (or us, as the case may be and acknowledge that he was indebted to our Sovereign Lady the Queen, in the sum of $
if he, the said P. N., should fail in attending personally to give evidence at the next Session, to be holden at Hong-Kong, in a certain charge against A. B. And if the said P. N. shall duly attend and give evidence, and shall not depart without the leave of the Court, then this Recognizance.is to be void, or else to remain in full force.
Date and Place.
Signed,
of prisoners before trial.
Form of Oath to Witnesses. You shall truc answer make to all such ques- tions as shall be demanded of you-SO HELP YOU GOD.
Form of Recording Déposition of
Witnesses.
TO WIT. The examination of G II [residence and professiony taken on oath, this
day of
before me, or us, in the presence and hearing of AB, charged with offence described as in the Warrant of Commitment which said GH saith as follows. The very words used by the witness, are as nearly as possible to be inserted, and also the very words of all questions put to him. The witness to be asked to subscribe his name to the deposition, though it is not absolutely requisite, to establish its validity.
Taken before me, or us, this
day 184
PUPUJOLY
of
Upp
-12 QURTARM
Form of Examination of the accused [not to be on Outh]."
TO WIT. The Examination of A B, residence
of and profession taken this day before me, or us,
No. 16. Form of Authority to examine described in the Warrant of Commitment on his
+
Witnesses.
In the Queen's name, these are to authorize yo: (Names of Examining Authorities) to call before you (Names of Witnesses) and to examine them, after having duly sworn them to speak the truth, the whole truth, and nothing but the truth, as to the information and knowledge they possess in a certain case, pending between our Sovereign Lady the Queen and A. B. [Name of Prsioner] who stands charged with (Crime, when and where committed And this examination you are to make in presence of the said A. B., and to allow him either himself, or through his Attorney, or other Person named by him, to cross examine the said Names of Witnesses) and the whole of your said examination and proceedings, you are to carefully record in writing, and, transmit under your respective Signa- tures and Seals to me.
Date and Place.
J
CHIEF SUPERINTENDENT.
The said AB being charged with offence
examination saith the very words to be put down that the accused uses.
If the accused remains silent, or refuses to say any thing in his own behalf, the Examination should close with,
་ ་
**
"And the Witnesses against the said A B having been examined in his presence, the said A B is now asked by me or us if he wish to say anything in his own behalf, whereupon, the said A B answereth Nothing, or saith" Entering his very words.
If the accused wishes to call witnesses, they may be examined on oath, like the witnesses against him.
When there are more than one person accused, they ought to be examined apart, and to be allowed no communication with each other till the whole of the Examinations are finished.
HENRY POTTINGER,
424
Her 9
No comments yet.
Private notes are available after approval.