THE HONGKONG GOVERNMENT GAZETTE, 4TH JUNE, 1887.
in any case it may for any cause seem to be desirable to the Judge, he may direct the jury to further consider their verdict.
23. In the event of the death, illness, or default of attendance of any one or two of the jurors during the trial of any suit, action, or information, it shall be lawful for the Court, in its discretion to order the trial of such suit, action, or information, to be proceeded with in like manner as if the full number of jurors had continued to serve 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 seven jurors. Provided always, that in capital cases the jury shall not consist of less than seven men. Provided also that it shall be lawful for the Court, instead of proceeding with the trial with the remaining jurors, to cause a new jury to be empanelled, sworn and if necessary charged with any prisoner or accused; and the suit, action, or information shall be tried as if such first jury had not been empanelled.
24. The verdict of the jury shall in all cases be given by the foreman, in open Court, and in the presence of all the jury, and if in a criminal proceeding in the presence of the prisoner, and shall thereupon be recorded by the Registrar; and the Registrar shall, before taking the 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 or accused whether they find such prisoner or accused Guilty or Not Guilty; and the jury shall either pronounce a general verdict for the plaintiff or defendant, or of Guilty or Not Guilty, or else shall return a special verdict finding the facts of the case. Provided always, that the jury may acquit any prisoner or accused of a part of the charge against him, and find him guilty of the remainder.
25. Whenever the jury in any case has withdrawn, and been kept apart for the purpose of considering their verdict, and shall not have returned the same before all the other cases for trial at the same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 is not such a majority as aforesaid agreeing, the Court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any pri- soner or accused, and the suit or action, or information shall be tried as if such first jury had not been empanelled.
26. Nothing herein contained shall prevent the Court from exempting in its discretion any person or persons from serving, as a juror on any trial, or from removing their names from the list of jurors, ou cause being shown for so doing.
27. No person who shall be put upon his trial either for treason, felony, or misdemeanour, shall be allowed to chal- lenge any of the jurors except for cause.
28. Whenever there shall be a deficiency of jurors, it shall be lawful for the Court, at the prayer of either of the parties in the suit or action or of the prosecutor, prisoner or accused, to put upon the jury so many good and lawful men of the by-standers or others who can be speedily procured, as shall be sufficient to make up the full number thereof.
29. The remuneration of special jurors in civil cases shall be teu dollars each for every trial. In criminal cases special jurors shall not be entitled to any remuneration. Provided always that the Judge upon the application for a special jury by the prisoner or acensed may order such special jury to be remunerated as in civil cases and that such prisoner or accused deposit with the Registrar or other officer of the Court a sum sufficient to cover the expenses of such special jury; otherwise such order to be of no effect.
30. If any juror having been duly served with a summons, in accordance with the provisions in that behalf hereinbefore contained shall fail to attend, or being present shall not appear when called, or after appearance shall withdraw him- self without the permission of the Judge, the Judge shall, unless some reasonable excuse be proved on oath or affidavit or otherwise to his satisfaction, set upon the person so making default such fine, not exceeding the sum of One hundred dollars, as to the Judge shall seem meet.
Provision in
case of death disability or non-attan-
dance of juror.
(No. 11 of 1864 6. 24.)
Verdict how given.
(No. 1 of 1864 8. 26.)
In case jury cannot agree upon verdict. (No. 11 of 1864 s. 25.)
Power to the Court to exempt jurors (No. 11 of 1864 s. 18.)
No challenge except for calise, (No. 11 of 1864
8. 19.)
Talesman. (No. 11 of 1864 3. 20.)
Remuneration
of special
jurors. (No. 8 of 1872
s. 3.)
Non-attend- ance of jurors (No. 11 of 1864 8. 15,)
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