2158
Non-attendance of jurors. [No. 11 of 1864, s. 15.]
Fines levying. [No. 11 of 1864, ss. 6 and 7.]
Inspection by jury. [No. 3 of 1865, s. 31.]
Jurors in lunacy cases.
Application of law of England in cases not provided for by this Ordinance.
ORDINANCE No. 18 of 1887.
Jury Consolidation.
30. If any juror having been duly served with a summons, in accordance with the provisions in that behalf hereinbefore contained, shall fail to attend, or being present shall not appear when called, or after appearance shall withdraw himself without the permission of the Judge, the Judge shall, unless some reasonable excuse be proved on oath or affidavit or otherwise to his satisfaction, set upon the person so making default such fine, not exceeding the sum of one hundred dollars, as to the Judge shall seem meet.
31. All fines imposed under the provisions of this Ordinance shall be levied in such manner as the Court or any Judge thereof may direct, and when levied shall be paid to the Registrar and accounted for by him to the Colonial Treasurer.
32. On the trial of any civil or criminal case, either party or the prosecutor or prisoner accused or defendant shall be at liberty to apply to the Court for a rule or order for the inspection by the jury of any property, the inspection of which may be material to the proper determination of the proceedings in question, and it shall be lawful for the Court, if it think fit, to make such rule or order upon such terms as to adjournment, costs, and otherwise as such Court may direct.
33. In all enquiries into the idiotcy, lunacy, or unsoundness of mind of any person, any issue determinable by the verdict of a jury shall be tried by a special or common jury as the Judge may direct, and such jury shall be constituted in the same manner in all respects as to the number and qualification of the jury, and be summoned in the same manner and serve under the same conditions in every particular as if such jury had been empanelled for the trial of any ordinary issue in the Supreme Court. Provided that in all cases the alleged idiot, lunatic, or person of unsound mind shall have a right to have the issue determined, if he so desires, by a special jury.
34. In cases not provided for by this Ordinance, the law for the time being in force in England relating to jurors and juries shall, in so far as the same does not conflict with the provisions of this Ordinance, have force and effect within the Colony; but nothing in this section contained shall be deemed to relate to jurors or juries on Coroner's inquests.