£56
(From the China Mail, October 9.7
HONGKONG,
ANNO NONO VICTORIA REGINEÆ. No, 7 of 1845.
THE FRIEND OF CHINA AND HONGKONG GAZETIE,
Order of summon. ing Juries,
Summons.
IX. And be it further enact
ing the said adjournment, under the charge of a proper officer of the Court.
Provision in 33 of death or disability of Juror
of In
on objections arís.
VIII. And be it finthèr en- |
IV. And be it further enact Amendment acted and ordained. That when-
dictment or Infurnt- ed and ordained, That before the ever it shall be requisite to sam-
XVIII. And be it furtheration.
Jury are charged with the Trial mon a Jury, the Sheriff shall
enacted and ordained, That if
of any Prisoner, or during the By His Excellency Sir JOHN FRANCIS summon the persons whose names shall appear on
during the trial of any action, progress of any such Trial, it shall be lawful for the DAVIS, Baronet, Governor and Commander-in-the Jury list, in the order in which they shall be
indictment, or information, any Court to amend the Indictment or Information in placed and at the commencement of every year, Chief of the Colony of Hongkong and its Depen he shall begin with the names in the new let next her of three, shall be disabled by death, illness, or mislead the Prisoner in his or her defence.
one or more of the Jurors, not exceeding the num- any matter of form not calculated to prejudice or dencies, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in after the names of the persons who were last sum-bodily infirmity, from serving on the Jury, it shall for the V. And be it further enact. be lawful for the Court in ita discretion to order the Judgment not to be ed and ordained, That no Judg China, with the advice of the Legislative Council moned in the proceeding year
trial of such action, indictment, or information, to reversed, except Ppment upon any fadictment of of Hongkong
Information, whether after ver ed and ordained, That the Shebe proceeded with in like manner as if the falling upon record.
number of Jurors had continued to serve on the p
dict of the Jury, or upon coa> riff shall, before the sitting of Jury, and any verdict returned by the remainder of fession of Prisoner, or otherwise, shall be stayed or any Court whereal a Jury shall be necessary, is the Jurors, not being less than three in number, reversed, except for objections arising upon the face sue sumonses according to the form in the Sche shall be of equal validity and have the same force of the record, and whereby the proceedings thereon " dule hereunto annexed, requiring the attendance and effect, as if it had been returned by a Jury con aro rendered erroneous or defective. thereat of eighteen good and lawful men qualified sisting of the full number of six Jurors; or it shall
VI. And be it further enact and liable to serve as aforesaid, and not being of be lawful for the Court to cause a new Jury to be
Judgment not to bo ed and ordained, That no such affinity or kin to either of the parties to the suit or impanelled, sworn, and charged with any prisoner; averments of immate. Judgment shall be stayed or re-
reversed for want" of prosecution; and that every such summons shall and the action, indictment, or information shall rial matters, &c. versed for want of the averment be personally served upon, or left me the usual place be tried as if such first Jury had not been impanel of abado of, the person suinmoned, two clear days led. before the day appointed for the sitting of the Court. X. And be it further enacted
Tide.
Preamble.
AN ORDINANCE FOR TH RE GULATION OFJURY AND JURIES.
(19th August 1845.) I. WHEREAS, owing to the smaliness of the population at present existing in the Colony of Hongkong, very great hardship and inconvenience would be entail ed upon such of the inhabitants thereof as are fit and qualified to act as Jurors, by requiring, accord ing to the law and custom of England, the full num. ber of twelve persons to consti- Number of Jurors, tute a Jury upon the trial of civil and criminal proceedings; Be it therefore enacted and ordained by the Go- vernor of Hongkong, with the advice of the Legis lative Council thereof, that all questions of fact, whether of a civil or criminal nature, apon which
hable to serve as
Panel,
and ordained, That the Sheriff shall also, at the same time, cause to be delivered to the Registrar, or Clerk fas the case may be) of the said Court, a panel con issue shall be taken in the course of any proceed-taining the names, places of abode, and additions, ing before the Supreme Court, and all questions of of the persons so summoned. iliotcy, lunacy, or unsoundness of mind, shall be
Peuralty for non- XI. And be it further enact decided by the verdict of a Jury of six men.
attendance.
ed and ordained, That if any with such summons, shall fail to attend, or being Juror, having been duly served
pearance shall withdraw himself without the per- present shall not appear when called, or after ap mission of the Court, the said Court shall (unless some reasonable excuse bo proved on Chath or Affi davit, or otherwise to the satisfaction of the Court) set upon the person so making default such fine, sum of One hundred Dollars, and in the case of not exceeding, in the case of a Common Juror, the a Special Juror, not exceeding the sum of Two Hundred Dollars, as to the said Court shall seem meet,
II. And be it further enacted Who qualified and and ordained, That every male person between the ages of Common Jurors twenty one years and sixty years, being of sound mind, and not afflicted with deafness, blindness, or other infirmity, who shall hold property in lands, houses, buildings or tene ments, of the monthly value of twenty-five Dollars or upwards, either in his own right, or as tenant to any other person, or who shall be in the receipt of an annual salary or income of not less than One Thousand Dollars per annum, within the said Co- lony of Hongkong, and who shall reside within the same, shall be qualified and liable to serve as a Common Juror therein Provided, that no person holding any Office or situation of emolument un- der the Government of Hongkong, nor any Barris
hysician, Attorney, or Surgeon actually tch within the said Colony, nor any Dissenting Minister, nor any Officer Military or Naval Service of Her East India Company, shall be. or
to serve as a Juror in any case.
II. And be it further enact ed and ordained, That if either the Plaintiff or the Defendant in or the Prosecutor or Defendant at or information, other than for bhall be desirous of having such indictment or information, tried by a snch Special Jury to consist of six as hereinafter mentioned) it shall be the Court, upon motion for that purpose, to order and appoint a Special Jary to be struck before the Registrar, or other Officer of the Court for the trial of any issue joined in any of the said cases, and triable by a Jury, in such manner as is usual in England, or as the Court shall direct, pro. vided 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 of ficer of the Court, a sum sufficient to cover the ex- penses of the Special Jury, otherwise the said rue or order of the Court fo be of no effect
Qualification Special Juror.
IV. And bett forte enacted of and ardeiis dry male between, the pee of attoos Arap and sixty mine, and not afflicted with other infirmity, who shall person of higher degree, or who carry on the trade or business of a banker or merchant within the said Colony of Hongkong, and who shall reside within the same, shall be qualified and liable to serve as a Special Juror therein: Provided, that no person who is hereinbe fore exempted from serving as a Common Juror shall be liable to serve on any Special Jury.
trar.
for.
XII. And be it further enact Jury to be balloted ed and ordained. That at the sitting of the Court the names of all the Jurors summoned shall be written on se- parate pieces of card or paper of equal size, and put into a box, and the Registrar or Clerk of the said Court shall, in open Court, draw therefrom until six Jurors appear, who, after all just causes of challenge allowed, shall remain as fair and dif- shall be necessary to form a new Jury, ferent, and the same shall be done whenever it
XIII And be it further enact No Challenge ex ed and ordained, That no per cept for cause.
son who shall be put upon his trial either for treason, felony, or misdemeanour, shall be allowed to challenge any of the Jurors ex cept for cause.
Talesmen.
XIV. And be it further enact. ed and ordained, That when ever 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
casey.
of any matter unnecessary to be proved; not because any person or persons menti XIX. And be it further oned in the Indictment or Information, is or are In casa Jury cannot enacted and ordained, That designated by name of office or other descriptive agree upon verdict. whenever the Jury in any case appellation, instead of his or their proper name or withdrawn, and been kept apart for the purnames; nor for omitting to state, or erroneously pose of considering their verdict, and shall not have stating, the time or place at which the offence was trial at the same sittings of sessions shall have not of the essence of the offence: Provided that the returned the same before all the other cases for committed in any case in which time or place is
been disposed of, and when it shall sufficiently ap
Court shall appear by the Indictment or Inform pear to the Court that the said Jury cannot agreeation to have had jurisdiction in the case; nor on upon a verdict, the Court shall discharge such the ground of any objection to the form or relevancy and sworn, and charged with any prisoner, and the before the Jury were impanelled, or during the Jury, and shall cause a new Jury to be impanelled, of the Indictment or Information which, if stated
if such first Jury had not been impanelled. action, indictment, or information shall be tried as progress of the Trial, might have been amended by the Court; nor because of any error committed in summoning or swearing the Jury, or any of them; nor because any person who has served upon the because of a ay objection which might have been Jury has not been returned by the Sheriff; nor
except the objection of minority: nor for any in- stated as a ground of challenge of any of the Jurors, formality in swearing the witnesses, or any of them.
Verdict.
XX. And be it further enact ed and ordained, That the ver cases be given by the foreman, in open Court, and dict of the Jury shall in all
minal proceeding, in the presence of the Prisoner, in the presence of all the said Jury, and, if a cri- and shall be thereupon recorded by the Registrar of the saith Court; and the said Registrar shall, Interpretation clause.
VII. And be it further enact- before taking the said verdict, ask if they are all
ed and ordained, That in the agreed thereon, and whether they find for the Plain
construction of this Ordinance, wherever, in des- tiff, or for the Defendant, and in the case of a Pri cribing any person or party, matter or thing, the "Not Guilty, and the said Jury shall either pro-line gender only is used, the same shall be under soner whether they find such Prisoner "Guilty” or ward importing the singular number or the mase:
fendant, or of "Guilty" or "Not Guilty," or else persons or parties as well as one person or party, nounce a general verdict for the Plaintiff, or Doslood to include, and shall be applied to, several shall return a special verdict finding the facts of the and females as well as males, and several matters acquit any Prisoner of a part of the charge against ly, unless there be something in the subject or con
or things as well as one matter or thing respectiv. - case: Provided always, that the said Jury may him guilty of the remainder.
Interpretation
XXI. And be it further enact- clause.
ed and ordained, That in the construction of this Ordinance wherever in describing any person or party, matter or thing, the word importing the singular number only is used, the same shall be understood to in- clude, and shall be applied to, several persons cr parties as well as one person or party, and several matters or things as well as one matter of thing, respectively, unless there be something in the sub ject or context repugnant to such construction.
J F. DAVIS, · Governor &c. fa Passed the Legislative Council of Hongkong this 19th day of August, 1845.
ADOLPITUS E. SHELLEY, - Clerk of Council. SCHEDULE TO WHICH THIS Ordinance refâRO. Summons to Jurors.. Mr A. B.
Summons to Juror Sec. 9.
You are hereby summoned to appear as a (either Common Juror at the Supreme Court to be holden at
or Special as the case may be,)
in this Colony, on the
day of next, and there to attend from day to day until you shall be discharged from the said Court. (Signed.)
W. C.-Sherif.
N. B.-The penalty for desobedience hereto is any sum not exceeding One Hundred Dollars in the case of a Common Juror, or Two Hundred Dollars in the case of a Special
Juror.
HONGKONG,
text repugnant to such construction.
J. F. DAVIS, Governor, &c., 4c.
Passed the Legislative Council of Hongkong,
thie 19th day of August, 1845-
ADOLPHUS E. SHELLEY.
Clerk of Councils,
ORIGINAL CORRESPONDENCE.
To the Editor of the Friend of China.
Victoria, Toth October, 1845. Sir,-At table this day a question was raised whether it would be "cheaper to die in Hongkong or Macno." I have been here but a very short time, but long enough to find out that Government charge people enough for "living," but I can scarcely believe that they would change people for "dying." Economy being the order of the day, and baliov. ing you to be a man of general information, I should feel pa - ticularly obliged if you will let trie know the charge (if any) for" dying" hero and what it is at Macao that the Public. at large. (at least that portion of it - which intend dying in China) may know which is the cheapest place.
Yours faithfully,
XV. And be it further enact. As to Jury for new ed and ordained, That the names of the persons sworn as Jurors, in manner aforesaid, shall be marked on the list
A VERY SICK MAN. and those names so drawn shalt he kept apart by
NOTE. We cannot precisely inform our corres- themselves until such Jury shall have given in their verdict, and the same shall be recorded, or
pondent of the expence of sepulture in Hongkong; but would refer him to the Clerk of the Councils, until such Jury shall, by order of the Court, be discharged; and then the said names shall be re-
who has all the items at his finger ends, without the turned to the box, there to be kept with the other
trouble of reference to orders, proclamations, ordi- nances cc, which are enough to make a healthy names remaining at that time undrawn; and so
man sick
We have a dim remembrance of a tax often and so long as any case remains to be tried.
upon the grave itself, another upon the tomb, a- provided alwaya, that if any case shall be brought on to be tried in the said Court, before the Jury in
nother upon a hearse-ordered from England, we believe, on government account-another upon the any other case shall have brought in their verdict,
stones of which the tomb is built, and some other tri- it shall be lawful for the said Court to order an
fling government exactions for the use of a mort other Jury to be drawn from the residue of the said
cloth &c. We should say that the charges paid papers, for the trial of the case which shall be so
directly or indirectly to government for a gentle. brought on to be tried: provided also, that where
manly funeral, would be about $100; as the hourse no objection shall be made on behalf of the Plain-
has not yet arrived perhaps less, but upon this point tiff or Prosecutor, or on behalf of the Defendant, By His Excellency Sir JOHN FRANCIS
"A very sick mun" had better address himself to of Prisoner, it shall be lawful for the Court to try DAVIS, Baronet, Governor and Commander-in the Clerk of the Council, or the Treasurer any ease with the same Jury that shall have pre-Chief of the Colony of Hongkong and its Depen may inform him, as we presume the duty of collect viously tried, or been drawn to try, any other case dencies, Her Majesty's Plenipotentiary and Chiefing devolves upon him. without their names being returned to the box and Superintendent of the Trade of British Subjects in redrawn, or to order the name or names of any Chine, with the advice of the Legislativo Council person or persons on such Jury, whom both parties of Hongkong, may consent to withdraw, or who may be justly challenged or excused by the Court, to be set aside, and another name of other names to be drawn from the box, and to try the case with the residue of such original Jury, and with such person or per-ation. sons whose name or names shall be so drawn, and who shall appear and he approved as indifferent; and so as often and as long as any case remain, to he tried.
ANNO NONO, VICTORIÆ REGINÆ.
Tule.
Indictmicat es inform-
No. 8 of 1845.
AN, ORDINANCE TO REGU- LATE Crixinal PROCEEDINGS,
(19th August, 1845.)
I. Ee it enacted and ordain- ed, That for the purpose of bring. ing a criminal esse under the cogaizance of the Supreme Court, an indictment or information, duly signed by the Attorney-Ge- neral, or, in bis absence, by the Colonial Secre- tary, shall be as valid and effectual in all respects as if the same had been presented by a Grand Jury
Efters of ples of
-Ne guilty.”
We should also state that for plebians (i, o, those who are poor) there is a separate and cheap burying ground provided by this wonderful government. Expenses of which, to us unknown. Reference, as. above.
EDITOR F. of C..
NOTICE.
New advertisements, will be received, until 4 Clock, on the evenings previous to publi- cation, vir: Turadays and Fridays.
Fisca
Us States June CALCUTEL
11. And be it further enact.
BONDAY ed and ordained, That every MADRAS Prisoner, opon being arraigned | Bruxar be kept in some convenient place in Court apart upon or charged with any Indictment or Informs.
LATEST DATES, Jalp 24 BATAVIA Sept.
15 Sept. 3 August 12 Sept. 1 August 9
20
SINGAPORE Sopt- MANILA Sept. CHOSAS Sept. 12 SHANGHAI Sept. 30
V. And be it further enacted Sheriff to make out and ordained, That from and Jory Lists, and trans-immediately after the publica mit samo to Regis tion of this Ordinance, the Sheriff of the said Golony of Hongkong shall make or cause to be made out, two separate and distrinct lists, in alphabetical or der, of all men who shall be qualified and liable to serve as Common or Special Jurors as aforesaid, setting forth the christian and sirnames of each at full length, together, with his place of abode, and shall sign and transmit copies of such lists to the Registrar of the said Supreme Court, which lists, when so transmitted, shall be called respectively the "Common Jurors List," and the " Special Jurors List" and shall be in use until the 1st day of March, 1845.
HVI, And be it further enscf-
XVI And be it farther Penalty on Sheriff ed and ordained, That if any How Jury when enacted and ordained. That af sword or charged ter the Jury in any case shall for neglect of duty. Sherif, or other minister, or of-
with any prisoner to, ficer, shall wilfully insert or be kept.
bave been sworn, or charged emit, in the lists of Jurors, the name of any man
with any Prisoner, they aball which ought not to be so inserted or omitted, ac cording to the lists of Jurors so to be made out as by themselves, until the Chief Justice of the said ation, by pleading generally thereto the plea of aforesaid, or shall fail to sign and transmit correct Court has sommed up the evidence, and has left Not guilty shall, without further form, be deems PriE FRIEND OF CHINA copies of such lists to the said Registrar as herein the case with the said Jury ; and if any such Juryed to have put himself or herself upon the country before directed, or shall otherwise fail well and shall desire to withdraw for the purpose of consi- | for trial. traly to do and perform a'l and every the acts, dering their verdict, then they shall be kept by an matters, and things, hereby required to be by him officer of the Count in some convenient place apart performed, such Sheriff, or other minister, or Of- by themselves until they are agreed upon their ficer, shall be fined at the discretion of the seid verdict, uz be discharged therefrom by the Court; Court,
and the said Officer shall be sworn that he mill VII. And be it farther enact suffer none to have access to them, or speak to Jury list to be in ed and ordained, That on or dem, and that he will not speak to them biaself
before the first day of January except to ask whether they are agreed open their euch Primer, and the plea so entered shall have that there could scarcely be a mistake. Tak which will be in the year of ear verdict, or to communicate between them and the Lord One Thousand Eight Hundred and Forty | Court. eix, and on or before the first day of January in each and every subsequent year, the said Sheriff shall make out and transmit two fresh Jury lists, in manner and form as hereinbefore directed; and all such fresh Jury lists, when so transmitted, shall be brought unto use the first day of March then next following, and shall continge to be used for one year then next ensuing.
use for one year.
I
|
Refeel to plead
III. And be it further enact- ed, That if any Prisoner, being armigned pran or charged with soy Indictment or Information, sund mute of malice, or will not an swer directly to the Indictment or Information, the Court shall, if it shall so think fit, order the Regis trar to enter a glen of Not guilty on behalf of the same force and effect as if such Fraser had actually pleaded the same, or else the Court shall Bow Jury to be XVII. And be it further thereupon cause a Jory to be impaneled to try whe et aber zeccesary enacted and ordained, That ther the Priseter be of sour or missed and to do the tow whenever it may be necessary and if he or she shall be found to be of sound for the Court to adjourn the mind, the Court shall make much order touching further sing of the said Court during the trial of the safe custody of the raid Frisoner as to the any case, it shall be competent to the Court to di. Court shall seeta ja and proper; and if he or she rect the said Jury to be removed to some conve shall be fend of sand mind, the Court shall pro niest place in the neighborhood of the Court duc-cend with the Trial of the mid Priscoes.
AND HONGKONG GAZETTE.
VICTORIA, WEDNESDAY, OCTOBER 15, 1943.
We have several complaints from Canton of irregularity in the receipt of our paper. is our desire that papers should be for. wanded punctually, and we were in hopes that from the arrangements made in this office attention of the party who makes them up bas been drawn to the matter, and the missing numbers are this day forwarded to the com plainants. One Gentleman, whose signature we cannot decipher, will find the five last cum- bera for him, addressed A. B, either at the house of the Gentleman who kindly acts as our Agent, or they will be sent road with the other papers.
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