in 9791750
on Verdict.
Verdict.
A
to be proceeded with in like Manner as if the full Number of Jurors had continued to servo on the Jury, and any Verdict returned by the remaining Jurors, or by a Majority, shall be of equal Validity and have the same Force and Effect, as if it had been returned by a Jury consisting of the full Number of Six Jurors; Provided always, that in Capital Cases the said remaining Jurors must be unanimous in their Ver- dict, in order to warrant Sentence of Capital Punishment to be passed on the Traverser or Defendant; but if he be found guilty of a Crime less than the Capital one on which he is arraigned, then due Sentence shall follow the Finding of such Majority; Provided always, that it shall be lawful for the Court, instead of proceeding with the Trial with the said remaining Jurors, to cause a new Jury to be impanelled, sworn, and charged with any Prisoner; and the Action, Indictment, or Information shall be tried as if such First Jury had not been impanelled.
In Case Jury
XIX. And be it further enacted and ordained, That whenever the cannot agree up- Jury in any Case has withdrawn, and been kept apart for the Purpose of considering their Verdict, and shall not have returned the same before all the other Cases for Trial at the same Sittings or Sessions shall have been disposed of, and when it shall sufficiently appear to the Court that the said Jury cannot agree upon a Verdict, and that there be not such Majority or Majorities as aforesaid agreeing, the Court shall dis- charge such Jury, and shall cause a new Jury to be impanelled, and sworn, and charged with any Prisoner, and the Action, Indictment, or Information shall be tried as if such First Jury had not been impanelled. XX. And be it further enacted and ordained, That the Verdict of the Jury or Majorities as hereinbefore mentioned, shall in all Cases be given by the Foreman, in open Court, and in the Presence of all the said Jury, and, if a Criminal Proceeding, in the Presence of the Prisoner, and shall be thereupon recorded by the Registrar of the said Court; and the said Registrar shall, before taking the said Verdict, ask if they are all or by what Majority agreed thereon, and whether they find for the Plaintiff, or for the Defendant, and in the Case of a Prisoner, whether they find such Prisoner "Guilty" or "Not Guilty" and the said Jury shall either pronounce a general Verdict for the Plaintiff, or De- fendant, or of "Guilty' or "Not Guilty," or else shall return a spe- eial Verdiet finding the Facts of the Case: Provided always, that the said Jury may acquit any Prisoner of a Part of the Charge against him, and find hin guilty of the Remainder.
Not to extend
XXI. And be it further enacted and ordained, That nothing herein to Coroner's Ju- contained shall be held to extend to, or alter the Ordinance No. 5 of 1847, entitled "An Ordinance for regulating Juries at Coroner's "Inquests."
ries.
Interpretation
Clause.
XXII. And be it further enacted and ordained, That in the Construc- tion of this Ordinance wherever in describing any Person or Party, Matter or Thing, the Word importing the singular Number only is used, the same shall be understood to include, and shall be applied to, several Persons or Parties as well as oue Person or Party, and several Matters or Things as well as one Matter or Thing, respectively, unless there be something in the Subject or Context repugnant to such Construction.
S. G. BONHAM.
Passed the Legislative Council of Hongkong, this 10th Day of September, 1851.
L. D'ALMADA E CASTRO, Clerk of Councils.
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
Mr A. B.
Summons to Jurors.
Summons to Ju. You are hereby summoned to appear as a Juror at the Supreme Court to be holden
in this Colony, on the
Day of
ror, fec. 7.
at
discharged from the said Court.
next, and there to attend from Day to Day until you shall be
(Signed.)
C. D.-Sherif.
N. B. The Penalty for Disobedience hereto is any Sum not exceeding One
Hundred Dollars.
di thuada
Clerk of Councils.
274
To His Excellency Sir George Bonham K. C. B. Governor of Hongkong. to. to. de.
The Memorial of the undersigned Petty I wrors
Shiweth
That the cluty of serving on Criminal Cases devolves exclusively Memorialists, who beg respectfully
on
your
were a
to suggest for the consideration of Your Excellency in Council, that, besides other advantages, it would tend greatly to improve the administration of Justice, proportion of Special Jurors to serve in all Criminal Cases. That body has now, by the abolition of the Court of Admiralty as a separate jurisdiction, no duties to perform, except in Civil Trials, which are very rare in this Colony, and for
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