hongkong-colonial-ordinances-1847 — Page 97

28 COLONIAL ORDINANCES.


draw therefrom until Six Jurors appear, who, after all just Causes
of Challenge allowed , shall remain as fair and indifferent, and the
same shall be done whenever it shall be necessary to form a new Jury.

No Challenge except XIII. And be it further enacted and ordained, That no Person
for Cause.
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.


Talesmen. XIV. And be it further enacted and ordained, That 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.


As to Jury for New XV. And be it further enacted and ordained, That the Names
Cases.
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 said 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 said Court, before the Jury in any other case shall have brought
in their Verdict, it shall be lawful for the said Court to order another
Jury to be drawn from the Residue of the said Papers, 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 or Names of any Person or Persons 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 or 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 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.


How Jury, when XVI. And be it further enacted and ordained, That after the
sworn or with
any Prisoner, to be Jury in any case shall have been sworn, or charged with any Prisoner,
kept. they shall be kept in some convenient Place in Court apart by
themselves, until the Chief Justice of the said Court has summed up
the Evidence, and has left the Case with the said 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 said 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