294
THE HONGKONG GOVERNMENT GAZETTE, 20TH AUGUST, 1864.
Governor and Coun-
Names of not less than
who shall be liable to
XVII. When and so often as the List of Jurors shall have been transmitted by il to mark off the the Registrar in manner aforesaid to the Governor and Legislative Council, he and 24 Persons in the they shall mark off, and designate with the Term, "Special Juror," not less than General Jury List, Twenty-four of the Names contained in the List, and the Names of such Special Jurors serve as Special Jurors. shall be formed into a separate List; and 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 Seven Men so marked or designated as aforesaid,) it shall be lawful for the Court, upon motion for that purpose, to appoint a Special Jury for the Trial of any Issue joined in any of the said Cases and triable by a Jury, which shall be balloted for from the said Special Jury List by the Sheriff in the presence of the Registrar or his Deputy as hereinbefore provided for in the Case of a Common Jury, and summoned in the like manner. 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 Rule or Order of Court to be of no effect. And it is hereby further provided, that Special Jurors shall be exempt from serving on any Common Jury and that the Verdict of every Special Jury shall be subject to the said Provisions respecting Majorities, as if it were a Common Jury.
on
Power to the Court
XVIII. Nothing herein contained shall prevent the Court from exempting in its Cause shewn to discretion any Person or Persons from serving as a Juror on any Trial, or from serving or to remove removing their Names from the List of Jurors, on Cause being shewn for so doing.
exempt Jurors from
their Names from the
List.
No Challenge except for Cause.
Talesman.
As to new Jury for new Cases.
How Jury when
any Prisoner, to be kept.
XIX. No person who shall be put upon his Trial either for Treason, Felony, or Misdemeanour, shall be allowed to challenge any of the Jurors except for Cause.
XX. 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 Cause, with or without the consent of the opposite Party, to put upon the Jury so many good and lawful Men of the Bystanders, as shall be sufficient to make up the full Number thereof.
XXI. The Names of the Persons sworn as Jurors in manner aforesaid, shall be marked on the List; and those Names so drawn shall be kept apart by themselves until such Jury shall have given in their Verdict and the same shall be recorded or until such Jury shall, by Order of the Court, be discharged; and then the Names shall be returned to the Box, there to be kept with the other Names remaining at that time undrawn; and so often and so long as any Case remains to be tried: Provided always, that if any Case shall be brought on to be tried in the Court 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 it shall be lawful for the Court to try any Case with the same Jury that shall have previously tried, or been drawn to try any other Case without their Names being returned to the Box and redrawn or to order the Name of any Person on such Jury, whom both Parties may consent to withdraw or who may be justly challenged or excused by the Court to be set aside and another Name to be drawn from the Box, and to try the Case with the Residue of such original Jury, and with such Person or Persons whose Name or Names shall be so drawn and who shall appear and be approved as indifferent, and so as often and as long as any Case remains to be tried.
XXII. After the Jury in any Case shall have been sworn, or charged with any sworn or charged with Prisoner, they shall be kept in some convenient Place in Court apart by themselves until the Chief Justice or other presiding Judge has summed up the Evidence and has left the Case with the Jury, and if any such Jury shall desire to withdraw for the purpose of considering their Verdict, then they shall be kept by an Officer of the Court in some convenient Place apart by themselves 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, and that he will not speak to them himself except to ask whether they are agreed upon their Verdict, or to commu- nicate between them and the Court.
How Jury to be XXIII. Whenever it may be necessary for the Court to adjourn the further to adjourn the Court. Sitting of the Court during the trial of any Case, it shall be competent to the Court
kept when necessary
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