663922-1887-Bills-read-Rhenish-Mission-Naturalization-of-Chan-Kwok-Ying-Jury-Consolidation — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 16TH APRIL, 1887.

14. In forming any panel the Registrar shall pass over the names of all persons who are dead or absent from the Colony, but shall return to the Special Jurors Ballot Box or Common Jurors Ballot Box (as the case may require) the names of any temporary absentees which may be drawn.

15. The Registrar shall, before the sitting of any Court whereat either a common or special jury shall be necessary, issue summonses according to the form in the Schedule B hereto, requiring the attendance thereat of the persons drawn from the ballot box, and every such summons shall be personally served upon, or left at the usual place of abode of the person so summoned two clear days before the day appointed for the sitting of the Court.

16. The Registrar shall cause a list containing the names, places of abode and additions of the persons so sum- moned, to be made out as soon as conveniently may be after the summonses have been served.

17. In all informations for Criminal Offences it shall be lawful for the Attorney General acting on behalf of the Crown by written notice to the Registrar, or for any judge of the Court upon the application of any private prosecutor or upon the application of any prisoner or accused against whom an information has been filed, to order a special jury to be summoned for the trial of any case. Upon the receipt of such notice or upon any such order being made the Registrar shall forthwith proceed to form the panel of such jurors, and to summon them in manner hereinbefore provided.

18. At the sitting of the Court the names of all the jurors summoned whether special or common shall be written on separate cards of equal size and put into a box, and the Registrar, or clerk of the Court shall, in open Court, draw therefrom until a jury is obtained.

19. After the jury shall have been sworn or charged with any prisoner or accused they shall be kept in some convenient place in Court apart by themselves, retirement of individual jurors for personal purposes only excepted, and then in charge of an officer of the Court, until the judge has summed up the evidence, and has left the case with the jury. Provided that in case and as often as the Court shall adjourn before the case shall have been so left with the jury, then such jury may if the Judge shall so direct, be removed in charge of an officer of the Court to some convenient place there to take refreshment at their own expense and rest until the Court shall reassemble, and such officer shall be sworn that he will suffer none save himself to speak to or to communicate with them without the express leave of the Judge. If after the case shall have been so left to the jury, and such jury shall desire to withdraw for the purpose of considering their verdict, then they shall be kept by such officer of the Court in some convenient place apart by themselves, but they shall be allowed reason- able refreshment at their own expense with power also to retire alone only for personal purposes, until they are agreed. upon their verdict, or be discharged therefrom by the Court; and the officer shall be sworn that he will suffer none to have access to them, or speak to them himself except to ask whether they are agreed upon their verdict or to com- municate between them and the Court. Provided always that it shall be in the discretion of the Judge in all cases to dispense with any of the foregoing provisions, and in the event of any adjournment to direct the jury to be removed to some convenient place in the vicinity of the Court during such adjournment under the charge of the proper officer of the Court or to allow the jury to separate for such time and subject to such conditions as to the Judge may seem fit.

20. The names of the persons drawn as jurors shall be marked on the list provided for in Section 16; and the cards with such names shall be kept apart by themselves until all the cards in the box shall have been drawn. Provided always, that if any case shall be brought on to be tried before the jury in any other case shall have brought in their verdict, it shall be lawful for the Court to order another jury to be drawn from the residue of the said cards for the trial of the case which shall be so brought on to be tried. Provided also, that where no objection shall be made on behalf of the plaintiff or prosecutor, or on behalf of the defendant or prisoner, or accused, it shall be lawful for the Court to try any case with the same jury that shall have previously tried, or

Certain names

to be passed

over,

Summoning Juries (No. 11 of 1864 s. 13 No. 24 of 1882 8. 8)

General list (No. 24 of 1882 s. 9 No. 8 of 1872, s. 2.)

Special jury In criminal cases

(No. 8 of 1872 8. 1.)

Ballot for juries. (No. 11 of 1864 s. 16.)

Keeping jury together (No. 8 of 1872 68. 45.)

As to new jury for new

CB905. (No. 11 of 1864 8. 21.)

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