Jury. XXI. The Names of the Persons sworn as Common Jurors in Manner aforesaid, shall be marked on the List; and those Names so drawn shall be kept apart by themselves until all the Names in the Ballot Box shall have been drawn: Provided always, that if any Case shall be brought on to be tried in the Court before the Jury in any other Case shall have brought in their Verdict, it shall be lawful for the Court to order another Jury to be drawn from the Residue of the said Cards 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, or to order the Name of any Person 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 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. XXII. After the Jury in any Case shall have been sworn, or charged with any Prisoner, they shall be kept in some convenient Place in Court apart by themselves until the Chief Justice or other presiding Judge has summed up the Evidence and has left the Case with the 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 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 to ask whether they are agreed upon their Verdict, or to communicate between them and the Court. XXIII. Whenever it may be necessary for the Court to adjourn the further Sitting of the Court during the Trial of any Case, it shall be competent to the Court to direct the 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. XXIV. If during the Trial of any Action, Indictment, or Information, any one or any two of the said Jurors 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 remaining Jurors, or by a Majority, 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 Seven Jurors: Provided always, that in Capital Cases the remaining Jurors must be unanimous in their Verdict in order to warrant Sentence of Capital Punish ment Jury. ment being passed on the Prisoner; but if he be found Guilty of a Crime less than the Capital one on which he is arraigned, then Sentence shall follow the finding of such Majority: Provided always, that it shall be lawful for the Court, instead of proceeding with the Trial with the remaining Jurors, 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. XXV. Whenever the Jury in any Case has withdrawn, and been kept apart for the 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, and that there is not such a Majority as aforesaid agreeing, 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. In Case Jury cannot agree upon Verdict. XXVI. The Verdict of the Jury or Majority as herein-before Verdict. mentioned shall in all Cases be given by the Foreman, in open Court, and in the presence of all the Jury, and if a Criminal Proceeding in the Presence of the Prisoner, and shall thereupon be recorded by the Registrar of the Court; and the Registrar shall, before taking the Verdict, ask if they are all or by what Majority 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 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 Jury may acquit any Prisoner of a Part of the Charge against him, and find him Guilty of the remainder. XXVII. On all Inquests to be held by the Coroner, no greater Number than Three Jurors shall be necessary. XXVIII. When any Person shall have been duly summoned to attend as a Juror by the Coroner, and shall fail or neglect to attend at the Time and Place specified in such Summons, it shall be lawful for the Coroner to cause such Person to be openly called in his Court Three Times, to appear and serve as a Juror, and upon the Non-appearance of such Person, and Proof that such Summons has been served upon him, or left at his usual Place of Abode, to impose such Fine upon the Person so making Default not exceeding Fifty Dollars as to the Coroner shall seem fit; and the Coroner shall make out and sign a Certificate, containing the Name and Surname, the Residence and Trade or Calling of every Person so making Default, together with the Amount of the Fine which shall have been imposed and the Cause of such Fine, and shall transmit such Certificate to One of the Police Magistrates, who shall cause a Copy of such Certificate to be served upon the Person so fined, by having it left at his usual Place of Residence, or by sending the same through the Z 2 Post Coroner's Jury to consist of Three. Any Person duly summoned as a Juror not attending liable to a Penalty Fifty Dollars. not exceeding Coroner to make out Certificate of Name, &c., of the Defaulter, to be transmitted to a Police Magistrate. How Copy of Certificate to be served and Penalty levied. Short Title. Jury. Post Office, addressed as aforesaid, and thereupon such Magistrate XXIX. This Ordinance may be cited for all Purposes as "The No. 3. of 1855 An Ordinance to remove Doubts as to the legality of The whole Ordinance. No. 7. of 1857 An Ordinance for amending the Laws relating to So much of Section 9 as The whole Ordinance. You are hereby summoned to appear as a Juror at the Supreme Court to be holden at day of in this Colony on the next at the hour of o'clock in the forenoon, and there to attend from day to day until you shall be discharged from the Court. (Signed) C.D., Sheriff. N.B.-The Penalty for Disobedience hereto is any Sum not exceeding One Hundred Dollars. Bills of Exchange and Promissory Notes. No. 12. OF 1864. An Ordinance to facilitate the Remedies on Bills of Exchange Title. and Promissory Notes by the Prevention of frivolous or fictitious Defences to Actions thereon. [13th September, 1864.] WHEREAS it is expedient that the several Matters em- Preamble. braced by Ordinance No. 5. of 1856 should be provided 'for by separate and distinct Ordinances: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. So much of Section 2 of Ordinance No. 5. of 1856, as relates to the Imperial Enactment entitled "The Summary Procedure on Bills of Exchange Act, 1855," shall be repealed, except as to the Proceedings in any Action upon a Bill of Exchange or Promissory Note commenced before the passing of this Ordinance. II. All Actions upon Bills of Exchange or Promissory Notes commenced within Six Months after the same shall have become due and payable may be by Writ of Summons in the Special Form contained in Schedule (A.) to this Ordinance annexed and endorsed as therein mentioned, and it shall be lawful for the Plaintiff, on filing an Affidavit of Personal Service of such Writ within the Jurisdiction of the Court, or an Order for Leave to proceed, and a Copy of the Writ of Summons and the Endorsements thereon, in case the Defendant shall not have obtained Leave to appear and have appeared to such Writ according to the Exigency thereof at once to sign final Judgment in the Form contained in Schedule (B.) to this Ordinance annexed, for any Sum not exceeding the Sum endorsed on the Writ, together with Interest, at the Rate specified (if any) to the Date of the Judgment, and a Sum for Costs to be fixed by the Registrar subject to the Approval of the Chief Justice, unless the Plaintiff claim more than such fixed Sum, in which Case the Costs shall be taxed in the ordinary way, and the Plaintiff may upon such Judgment issue Execution forthwith. Part of Section 2. of Ordinance No. 5. of 1856. repealed. All Actions upon Bills of Form in Plaintiff on filing Affidavit of Personal Service may at once sign final Judgment as Form in Schedule(B.) III. The Chief Justice shall upon Application within the Defendant Period of Twelve Days from such Service, give Leave to appear showing a Deto such Writ, and to defend the Action, on the Defendant paying Merits to have fence upon the into Court the Sum endorsed on the Writ, or upon Affidavits leave to appear. satisfactory to the Chief Justice which disclose a legal or equitable Defence, or such Facts as would make it incumbent on the Holder to prove Consideration, or such other Facts as the Chief Justice may deem sufficient to support the Application, and on such Terms, as to Security or otherwise, as to the Chief Justice may seem fit. IV. After Judgment the Chief Justice may under special Circumstances set aside the Judgment, and, if necessary, stay or set aside Execution, and may give Leave to appear to the Writ and to defend the Action, if it shall appear to be reasonable to him so to do, and on such Terms as to him may seem just. Z 3 V. In Chief Justice may, under special Circum stances, set aside Judg ment. Chief Justice may order Bill to be deposited with Registrar. Remedy for acceptance. Holder may issue One Summons against all or any of the Parties to Bill. Incorporation Law Procedure Short Title. Bills of Exchange and Promissory Notes. V. In any Proceedings under this Ordinance it shall be competent to the Chief Justice to order the Bill or Note sought to be proceeded upon, to be forthwith deposited with the Registrar, and further to order that all Proceedings shall be stayed until the Plaintiff shall have given Security for the Costs thereof. VI. The Holder of every dishonoured Bill of Exchange or Promissory Note shall have the same Remedies for the Recovery of the Expenses incurred in noting the same for Non-acceptance or Nonpayment, or otherwise by reason of such Dishonour, as he has under this Ordinance for the Recovery of the Amount of such Bill or Note. VII. The Holder of any Bill of Exchange or Promissory Note may, if he think fit, issue One Writ of Summons according to this Ordinance against all or any Number of the Parties to such Bill or Note, and such Writ of Summons shall be the Commencement of an Action or Actions against the Parties therein named respectively, and all subsequent Proceedings against such respective Parties shall be in like Manner, so far as may be, as if separate Writs of Summons had been issued. VIII. The Provisions of "The Common Law Procedure Act, 1852," and of "The Common Law Procedure Act, 1854," and all Rules made under or by virtue of either of the said Acts shall, so far as the same are by other Ordinances extended to this Colony and may be made applicable, extend and apply to all Proceedings to be had or taken under this Ordinance. IX. In citing this Ordinance in any Instrument, Document, or Proceeding, it shall be sufficient to use the Expression "The Summary Procedure on Bills of Exchange Ordinance, 1864." SCHEDULES referred to in the foregoing Ordinance. (A.) VICTORIA, by the Grace of God, &c. To C.D. of We warn you, that unless within Twelve Days after the Service of this Writ on you, inclusive of the Day of such Service, you obtain leave from the Chief Justice to appear, and do within that Time appear in the Supreme Court in an Action at the Suit of A.B., the said A.B. may proceed to Judgment and Execution. Witness, &c. Memorandum to be subscribed on the Writ. N.B.-This Writ is to be served within Six Calendar Months from the Date hereof, or, if renewed, from the Date of such Renewal, including the Day of such Date and not afterwards. Endorsement to be made on the Writ before Service thereof. This Writ was issued by E.F. of Attorney for the Plaintiff; or, this Writ was issued in Person by A.B. who resides at [here insert an accurate description of the Plaintiff's Residence]. Endorsement. |