THE HONGKONG GOVERNMENT GAZETTE, 20TH AUGUST, 1864.
to direct the Jury to be removed to some convenient Place in the neighbourhood of the Court during the said Adjournment, under the charge of a Proper Officer of the Court.
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Provision in Case
of Juror.
XXIV. If during the trial of any Action, Indictment, or Information, any one or any two of the said Jurors shall be disabled by Death, Illness, or bodily Infirmity from of Death or Disability serving on the Jury, it shall be lawful for the Court in its Discretion to order the trial of such Action, Indictment 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 remaining Jurors must be unanimous in their Verdict in order to warrant sentence of Capital Punishment being passed on the Prisoner; but if he be found Guilty of a Crime less than the Capital one on which he is arraigned, then 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 remaining Jurors, to cause a new Jury to be impanelled, sworn and charged with any Prisoner; and the Action, Indictment or Inforination shall be tried as if such First Jury had not been impanelled.
agree upon Verdict.
XXV. Whenever the Jury in any Case has withdrawn, and been kept apart for In Case Jury cannot the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 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.
XXVI. The Verdict of the Jury or majority as hereinbefore mentioned shall in all cases be given by the Foreman, in open Court, and in the presence of all the Jury, and if a Criminal Proceeding in the presence of the Prisoner and shall thereupon be recorded by the Registrar of the Court, 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, whether they find such Prisoner "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 of a Part of the Charge against him and find him Guilty of the remainder.
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XXVII. On all Inquests to be held by the Coroner, no greater number than Three Jurors shall be necessary.
Verdict.
Coroner's Jury to consist of three.
not attending liable to a Penalty not ex- ceeding Fifty Dollars.
Coroner to make out
XXVIII. When any Person shall have been duly summoned to attend as a Juror Any person duly by the Coroner and shall fail or neglect to attend at the time and place specified in summoned as a Juror such Summons, it shall be lawful for the Coroner to cause such Person to be openly called in his Court three times, to appear and serve as a Juror and upon the non- appearance of such Person, and proof that such Summons has been served upon him, or left at his usual place of abode, to impose such Fine upon the Person so making default not exceeding Fifty Dollars as to the Coroner shall seem fit; and the Coroner shall make out and sign a Certificate, containing the Name and Surname, the residence and trade or calling of every Person so making default, together with the amount of the Fine which shall have been imposed and the cause of such Fine, and shall transmit such Certificate to one of the Police Magistrates who shall cause a copy of such Certificate to be served upon the Person so fined, by having it left at his usual place of residence, or by sending the same through the Post Office, addressed as aforesaid, and thereupon such Magistrate shall cause such Fine to be levied according to the Pro- visions of Ordinance No. 10 of 1844, in the same manner as if the said Fine had been imposed by himself.
Certificate of Name, &c., of the defaulter
Police Magistra te.
to
be transmitted to a
How copy of Certi- pficate to be served and
Penalty levied.
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