the-ordinances-of-the-legislative-counci-1890 — Page 108

72 ORDINANCE No. 15 OF 1844 .


Supreme Court .


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. 74. 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 75. And be it further enacted and ordained , that every male person between the
special Jurors.
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 jury 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 76. And be it further enacted and ordained , that from and immediately after the
out jury lists and
transmit same
to Registrar. publication of this Ordinance, the sheriff of 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
1st day of March, 1845.
Penalty on 77. And be it further enacted and ordained, that if any sheriff, or other minister,
sheriff for
neglect of duty. 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 to the
said Registrar as hereinbefore directed, or shall otherwise fail well and truly to do and
perform all and every the acts, matters, and things, hereby required to be by him
performed, such sheriff, or other minister, or officer , shall be fined at the discretion of
the said Court.