Rule 6th-In cases of illness or death of jurors, the court will proceed agreeable to the practice of the courts of Oyer and Terminer in England. Rule 7th. The verdict of the Petty Jury to be found and pronounced agreeable to the practice of the courts of Oyer and Terminer in England: that is, by the unanimous voice of the jury. Rule 8th. The court to have the power of remarking on the verdictshould it see cause to do so and allowing the jury after such remarks, to retire and reconsider their verdict. Rule 9th.-When the prisoner is found guilty, sentence is to be passed by the chief superintendent in the manner laid down in the order in council; and when the prisoner is acquitted on the merits of the charge, he is to be instantly discharged, and is to be proclaimed to be for ever free, upon that accusation. Rule 10th.-But when the prisoner is acquitted on an obvious and admitted defect in the proceedings, and the acquittal cannot be pleaded, the prisoner may be detained in safe custody by a fresh warrant of the court to be re-indicted in such a manner as may meet the like ends of justice. SECTION VIII. Of the Attendance of Jurors and Witnesses. Rule 1st.-Any subject of her majesty (not specially excused under Rule 5th of section IV.) who having been duly summoned by the recording officer (See Appendix. No. 10), shall fail, without sufficient and satisfactory cause (certified sickness for instance,) to attend and perform his duties as a grand or petty juror, shall be liable to a fine at the discretion of the court of not less than twenty dollars for the first omission, or less than fifty for the second, which sum shall be further increased at the pleasure of the court, and be for the use of her majesty the Queen; and the court shall have the power of enforcing all such fines, by confining the rties who are to pay them, till that is done. Rule 2d. Any subject of Her Majesty whose testimony may be considered necessary, may be bound over under sufficient surety, by the examining or committing authorities (see Section II.) to appear and give evidence at the trial, of which due notice will be communicated to such witnesses by the recording officer of the court; and in the event of his failing to attend, he shall be fined (in addition to the amount of his recognizance being escheated) as laid down for jurors in the preceding Rule. (See Appendix, No. 15.) Rule 3d.-In any urgent case where witnesses either for or against a prisoner are unavoidably forced to leave China previous to the trial of such prisoner, they may be examined on oath, in presence of the prisoner, by such official authorities, or magistrates as the chief superintendent shall nominate to discharge this duty; and such examination shall be recorded, and be held and taken to be sufficient evidence on the trial to which it relates; the prisoner always having the advantage of any doubt or omission, that may be discovered in such examination when it is produced before the court. (See Appendix, No. 16.) Rule 4th.-Citizens or subjects of foreign states not resident on Hongkong (after the island has been declared a British colony) whose evidence may be necessary or desirable on any trial, are to be requested by the recording officer to attend the court, for the furtherance of the ends of justice: but failing to do so, the Jury is to deliver its verdict on the evidence that may be adduced before it. Rule 5th.----In all cases where citizens or subjects of foreign states may be permanently resident on Hongkong (after the island shall be declared to be a British colony) they will, of course, be subject to the same laws and UNIVERSITY OF MICHIGAN LISSAMES 1st. Persons above sixty, and under twenty-one years of age.-2d. Sick persons.-3d. Surgeons and physicians.-4th. Officers in the employ of government, having other urgent duties to attend to. SECTION V. Of Process. Rule 1st.-Sessions to be proclaimed from time to time under the authority of the chief superintendent, and all subjects of her majesty concerned therein, or specially summoned to attend accordingly. (See Appendix, No. 9.) Rule 2d. The court to have the like power, and to pursue the same method, as the courts of Oyer and Terminer in England, to secure the attendance of defendants, or accused persons, who are not in actual custody. Rule 3d.-Arraignment to be in the manner, and agreeable to the rules of the courts of Oyer and Terminer in England. Rule 4th.-If the accused person refuses to plead, or confesses the fact, the court to proceed in either case agreeably to the practice of the courts of Oyer and Terminer in England. SECTION VI. Of Pleas, and General Issue. Rule 1st.-Pleas to be allowed to persons accused before the court, according to the practice of the courts of Oyer and Terminer in England. Rule 2d.-The accused shall be entitled to request any person, being a British subject (and having the sanction of the court) to support, on his behalf, any plea or point of law that the court may think proper to allow to be debated. Rule 3d. In any instance coming within the preceding Rule, the court will be guided by, and decide with special regard to, the general authority and intention of the particular law and orders of council, under which, and the objects for which, the court has been erected. SECTION VII. Of Trial. Rule 1st.-The recording officer of the court will at every session return a panel of not less than twenty-four British subjects, to the end that twelve thereof may sit as a Petty Jury, to hear and determine between our sovereign lady the Queen and any prisoner placed for trial at the bar of the court, for offences committed within the jurisdiction of the court. (See Appendix, Nos. 10 and 11.) Rule 2d.-Regard being had to local circumstances, the prisoner shall have no privilege of peremptory challenge, but only for good cause shown, to be determined by the court. (See Appendix, Nos. 12 and 13.) Rule 3d. The trial to proceed, and evidence both for the prosecution and defence to be received and recorded, as far as local circumstances will permit, agreeable to the practice of the courts of Oyer and Terminer in England. (See Appendix, No. 14.) Rule 4th. Should it be found impossible to conclude any trial in one day, the court to exercise the power of adjourning without confining the jury; but in that case the jurors shall be sworn "neither to speak themselves to any person except one of their own number, nor to allow (without representing it to the court) any person to speak to them on any matter touching the trial." Rule 5th. In the event of any person speaking to, or trying in any manner, to tamper with any juryman, in contravention of the preceding Rule, the court will punish such person summarily by fine or imprisonment, (or both) at its discretion. Rule 6th-in cases of illness or death of jurors, the court will proceed agreeable to the practice of the courts of Oyer and Terminer in England. Rule 7th. The verdict of the Petty Jury to be found and pronounced agreeable to the practice of the courts of Oyer and Terminer in England: that is, by the unanimous voice of the jury. Rule 8th. The court to have the power of remarking on the verdictshould it see cause to do so and allowing the jury after such remarks, to retire and reconsider their verdict. Rule 9th.-When the prisoner is found guilty, sentence is to be passed by the chief superintendent in the manner laid down in the order in council; and when the prisoner is acquitted on the merits of the charge, he is to be instantly discharged, and is to be proclaimed to be for ever free, upon that accusation. Rule 10th.-But when the prisoner is acquitted on an obvious and admitted defect in the proceedings, and the acquittal cannot be pleaded, the prisoner may be detained in safe custody by a fresh warrant of the court to be re-indicted in such a manner as may meet the like ends of justice. SECTION VIII. Of the Attendance of Jurors and Witnesses. Rule 1st.-Any subject of her majesty (not specially excused under Rule 5th of section IV.) who having been duly summoned by the recording officer (See Appendix. No. 10), shall fail, without sufficient and satisfactory cause (certified sickness for instance,) to attend and perform his duties as a grand or petty juror, shall be liable to a fine at the discretion of the court of not less than twenty dollars for the first omission, or less than fifty for the second, which sum shall be further increased at the pleasure of the court, and be for the use of her majesty the Queen; and the court shall have the power of enforcing all such fines, by confining the rties who are to pay them, till that is done. Rule 2d. Any subject of Her Majesty whose testimony may be considered necessary, may be bound over under sufficient surety, by the examining or committing authorities (see Section II.) to appear and give evidence at the trial, of which due notice will be communicated to such witnesses by the recording officer of the court; and in the event of his failing to attend, he shall be fined (in addition to the amount of his recognizance being escheated) as laid down for jurors in the preceding Rule. (See Appendix, No. 15.) Rule 3d.—In any urgent case where witnesses either for or against a prisoner are unavoidably forced to leave China previous to the trial of such prisoner, they may be examined on oath, in presence of the prisoner, by such official authorities, or magistrates as the chief superintendent shall nominate to discharge this duty; and such examination shall be recorded, and be held and taken to be sufficient evidence on the trial to which it relates; the prisoner always having the advantage of any doubt or omission, that may be discovered in such examination when it is produced before the court. (See Appendix, No. 16.) Rule 4th.-Citizens or subjects of foreign states not resident on Hongkong (after the island has been declared a British colony) whose evidence may be necessary or desirable on any trial, are to be requested by the recording officer to attend the court, for the furtherance of the ends of justice: but failing to do so, the Jury is to deliver its verdict on the evidence that may be adduced before it. Rule 5th.----In all cases where citizens or subjects of foreign states may be permanently resident on Hongkong (after the island shall be declared to be a British colony) they will, of course, be subject to the same laws and entitled to the like protection of them, as Her Majesty's subjects, and as such they will be held amenable to the authority of the court. SECTION 1 x. Of Reprieve and Judgment. Rule 1st. In all cases demanding sentence amounting to capital punishment, the prisoner will be respited, and by order of the court, kept in close and solitary confinement pending the receipt of her majesty's pleasure. Rule 2d. In all other cases, the court will exercise its own discretion as to judgment and reprieve; being guided by the principles and practice of the law of England, and having the like powers that belong of right to the judges of the courts of Oyer and Terminer in England. SECTION X. Of Persons amenable to the Court. Rule 1st.-Regard being had to local circumstances, and especially to the object for which the Criminal and Admiralty court in China, was first established by the Order in Council, of the 9th of December, 1833, it is further declared that for the present, and pending the receipt of her majesty's gracious pleasure, no individual belonging to her majesty's naval and land forces in China, and who is consequently subject to martial law, shall be considered amenable to the jurisdiction of the court, or shall be arraigned before it. Rule 2d. All subjects of her majesty, not included in the foregoing Rule, and likewise all citizens and subjects of foreign states permanently residing within the colony of Hongkong, (so soon as it shall be declared a possession of the British crown) shall be considered amenable to the jurisdiction of the court. Appendix. No. 1. Form of Warrant of Arrest. These are, in her majesty's name, to require you (name of officer or officers) to arrest and take into your custody, and bring before (name of examining authori ty or authorities) A. B., charged, on oath, with (brief description of offence, when and where committed) and for so doing, this is, and shall be, your lawful warrant. Date and place. Signed No. 2. Form of Warrant of Committal. These are, in her majesty's name, to require you (name of person to whose custody committed) to detain in safe custody A. B., herewith sent to you by me (or us, as the case may be) charged upon oath, with (brief sketch of offence, when and where committed) and for detaining the said A. B., in safe custody till he be delivered in due course of law, and released by competent authority; this is, and shall be your lawful warrant. Signed Date and place. No. 3. Oath to be taken by examining authority or authorities. I (name &c.) do swear that I will, well, truly and impartially, according to the best of my skill and understanding, examine into, and investigate the charge now made against A. B., that he (brief sketch of offence, when and where com. mitted) and will state my opinion, in writing as to the truth or otherwise of said charge, without fear, favor, or affection.-So help me God. Sworn before me, Signed In the Queen's name take notice, that you are hereby summoned to appear without delay, before me (or us, as the case may be) to depose and speak to what you know of a certain charge made in her majesty's name, against A. B. Date and place. To C. D. Signed No. 5. Form of Indorsement, The jurors for our sovereign lady, the Queen, upon their oath present Á. B., (name and designation to be particularly defined) not having the fear of God be fore his eyes, but being moved and instigated by the devil, did on the day of in the year of our Lord, 184 feloniously, wilfully (here enter detailed description of crime, &c.) against the peace of our lady the queen, her crown and dignity. Indorsement. Not found. If found..... N. B-Indictments will always be prepared by the recording officer of the court, according to the circumstances of the case. No. 6. Form of oath to foreman of the grand jury. Mr. F. E. you, foreman of the grand inquest for this jurisdiction, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge. The queen's counsel, your fellows, and your own, you shall keep secret; you shall present no one from envy, hatred, or malice; neither shall you leave any one unrepresented for fear, favor, affection, gain or reward, or hope thereof. But you shall present all matters and things truly and faithfully, as they come to your knowledge, according to the best of your skill and understanding. So help you God. No. 7. Form of oath to the other grand jurors. The same oath your foreman has taken of his part, you and every of you shall truly and faithfully observe and keep on your part. So help you God. No. 8. Form of oath to witnesses before the grand jury. The evidence you shall give to the grand jury upon this bill of indictment shall be the truth, the whole truth, and nothing but the truth.-So help you God. No. 9. Proclamation. Notice is hereby given, that a session of the court of justice, with Criminal and Admiralty jurisdiction, for the trial of offences committed by her majesty's subjects on the island of Hongkong, or within the dominions of the emperor of China, and the ports and havens thereof, and on the high seas, within one hundred miles of the coast of China, will be holden at Hongkong, on the day of 184 by 10 o'clock in the forenoon of the said day, and all manner of persons that are specially summoned, or that have anything to do before the said court, are required to be then and there attending. By order of the court. 184 Signed Recording officer. No. 10. Form of summons to jurors. In the queen's name. Take notice that you are hereby summoned to serve as (grand or petty juror, as the case may be) at the sessions of the court of Criminal or Admiralty jurisdiction, to be held at Hongkong, on the Hongkong, Signed F. G. day of Recording officer To J. K. L. M., &c. You shall, well and truly, try and truc deliverance make, between our sovereign lady the queen, and the prisoner at the bar, whom you shall have in charge, and true verdict give, according to the evidence which you shall hear touching the charge against the prisoner. So help you God. No. 12. Form of oath to challenged petty jurymen. You shall true answer make, to all such questions as shall be asked of you by the court (or by the persons appointed by the court) touching the challenge which the prisoner at the bar has made in your name. So help you God. No. 13. Form of oath to triers of challenged jurymen. You shall and will truly try, inquire, and declare to the court whether N. P. (the challenged jurymen's name, &c., to be inserted,) stands indifferent between the parties to this issue.-So help you God. No. 14. Form of oath to interpreters (when required). You shall true interpretation make of the evidence between the court, the jury, and the prisoner at the bar, according to the best of your skill and understanding. -So help you God. |