hongkong-colonial-ordinances-1847 — Page 98

9° VICTORIE.- No . 7 OF 1845. 29


except to ask whether they are agreed upon their Verdict, or to
communicate between them and the Court.


XVII. And be it further enacted and ordained, That whenever How Jury to be kept
when necessary to ad-
it may be necessary for the Court to adjourn the further Sitting of journ the Court.
the said Court during the Trial of any Case, it shall be competent to
the Court to direct the said 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.

XVIII. And be it further enacted and ordained, That if, during Provision in case of
Death or Disability of
the Trial of any Action , Indictment, or Information, any one or more Juror.
of the Jurors, not exceeding the Number of Three, 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 remainder of the Jurors,
not being less than Three in Number, 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 Six Jurors ; or it shall be lawful for
the Court 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 .

XIX. And be it further enacted and ordained, That whenever
the Jury in any case has withdrawn, and been kept apart for the agree upon Verdict.
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,
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 .


XX. And be it further enacted and ordained, That the Verdict
of the Jury shall in all cases be given by the Foreman, in open Court,
and in the Presence of all the said Jury, and, if a Criminal Proceeding,
in the Presence of the Prisoner, and shall be thereupon recorded by
the Registrar of the said Court ; and the said Registrar shall, before
taking the said Verdict, ask if they are all 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 said 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 said Jury may acquit any Prisoner of a
Part of the Charge against him, and find him Guilty of the Remainder.

XXI. And be it further enacted and ordained, that in the Interpretation Clause.
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 include, and shall be
H applied