338 THE HONGKONG GOVERNMENT GAZETTE, 17TH SEPTEMBER, 1864.
How Jury when
any Prisoner, to be kept.
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, 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.
to adjourn the Court.
XXIII. Whenever it may be necessary for the Court to adjourn the further kept when necessary Sitting of the Court during the trial of any Čase, it shall be competent to the Court 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.
Provision in Case
of Juror.
XXIV. If during the trial of any Action, Indictment, or Information, any one or of Death or Disability any two of the said Jurors shall be disabled by Death, Illness, or bodily Infirmity from 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 Information shall be tried as if such First Jury had not been impanelled.
In Case Jury cannot
XXV. Whenever the Jury in any Case has withdrawn, and been kept apart for agree upon Verdict. 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.-
Verdict.
Coroner's Jury to consist of three.
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.
1.
XXVII. On all Inquests to be held by the Coroner, no greater Number than Three Jurors shall be necessary.
No comments yet.
Private notes are available after approval.