ORDINANCE No. 3 of 1865.
Criminal Law Procedure.
31. Either party shall be at liberty to apply to the Court for a rule or order for the inspection by the jury or by himself or by his witnesses, of any real or personal property, the inspection of which may be material to the proper determination of the question in dispute; and it shall be lawful for the Court, if it think fit, to make such rule or order upon such terms as to costs and otherwise as such Court may direct.
755 Inspection by parties, or by jury, by witnesses. Rule or order for summoning jury.
32. It shall be lawful for the Court to make such rules or orders [upon the sheriff or other person: Repealed by Ordinance No. 23 of 1882] as may be necessary to procure the attendance of a special or common jury for the trial of any matter depending in such Court, at such time and place and in such manner as the said Court may think fit.
33. If on the trial of any person charged with any felony or misdemeanor the jury shall be of opinion that the defendant did not complete the offence charged but only attempted to commit the same, the defendant shall not be acquitted, but the jury may return a verdict of not guilty of the felony or misdemeanor charged, but guilty of an attempt to commit the same, and thereupon the defendant shall be punished as if convicted on an information for attempting to commit such felony or misdemeanor; and no person tried as herein lastly mentioned shall be afterwards prosecuted for an attempt to commit the felony or misdemeanor for which he was so tried.
Party indicted for felony or misdemeanor may be found guilty of attempt and shall not be prosecuted afterwards for attempt. Similarly with party indicted for robbery.
34. If on any trial for robbery the jury shall be of opinion that no robbery was committed but an assault with intent to rob, the defendant indicted for robbery shall not be therefore acquitted, but the jury shall return a verdict of guilty of an assault with intent to rob, and thereupon the defendant shall be punished as if convicted on an information for feloniously assaulting with intent to rob; and no person tried as herein lastly mentioned shall be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried.
35. If, on any trial for misdemeanor, the facts given in evidence amount to a felony the defendant shall not be therefore acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the Court shall think fit in its discretion to discharge the jury from giving any verdict on such trial and to direct such person to be prosecuted for felony, whereupon such person may be dealt with as if not previously put on trial for misdemeanor.
Party indicted for misdemeanor not to be acquitted if the offence be proved felony, unless Court so direct.