hongkong-colonial-ordinances-1847 — Page 95

26 COLONIAL ORDINANCES.


than One Thousand Dollars per Annum, within the said Colony 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 under the
Government of Hongkong, nor any Barrister, Physician, Attorney, or
Surgeon actually practising as such within the said Colony, nor any
Clergyman, or Dissenting Minister, nor any Officer employed in the
Military or Naval Service of Her Majesty or the East India Company,
shall be, or be deemed liable to serve as a Juror in any Case.


Special Jury. III. And be it further enacted and ordained, That 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 Six Men qualified as hereinafter mentioned ) it
shall be lawful for the Court, upon Motion for that Purpose, to order
and appoint a Special Jury 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 : 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 said Rule or Order of the Court to be of no Effect.


Qualification of Spe- IV. And be it further enacted and ordained , That every Male
cial Jurors.
Person between the Ages of Twenty-one Years and Sixty Years, being
of Sound Mind, and not afflicted with Deafness, Blindness, or other
Infirmity, who shall be an Esquire or Person of higher Degree, or
who shall 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 hereinbefore exempted from serving
as a Common Juror shall be liable to serve on any Special Jury.

Sheriff to make out V. And be it further enacted and ordained, That from and
Jury Lists,
mit same to and trans- immediately after the Publication of this Ordinance, the Sheriff of
Registrar.
the said Colony of Hongkong shall make or cause to be made out,
Two separate and distinct Lists, in Alphabetical Order, 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 First Day of March, 1846.

Penalty on Sheriff VI. And be it further enacted and ordained, That if any Sheriff,
for Neglect of Duty. Or other Minister or Officer, shall wilfully insert or omit, in the Lists
of Jurors, the Name of any Man which ought not to be so inserted
or omitted, according to the Lists of Jurors so to be made out as
aforesaid, or shall fail to sign and transmit correct Copies of such
Lists