ORDINANCE No. 11 of 1864.
Jury.
formed into a separate list; and 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 seven men so marked or designated as aforesaid,) it shall be lawful for the Court to order and appoint a special jury to be struck by the Registrar, and summoned in the manner provided with respect to common jurors; 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 rule or order of Court to be of no effect. And it is hereby further provided, that special jurors shall be exempt from serving on any common jury, and that the verdict of every special jury shall be subject to the said provisions respecting majorities, as if it were a common jury.
18. Nothing herein contained shall prevent the Court from exempting in its discretion any person or persons from serving as a juror on any trial, or from removing their names from the list of jurors, on cause being shewn for so doing.
19. No person who shall be put upon his trial either for treason, felony, or misdemeanour, shall be allowed to challenge any of the jurors except for cause.
20. Whenever there shall be a deficiency of jurors, it shall be lawful for the Court, at the prayer of either of the parties in the cause, with or without the consent of the opposite party, to put upon the jury so many good and lawful men of the bystanders, as shall be sufficient to make up the full number thereof.
21. 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.
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persons in the general jury list, who shall be liable to serve as special jurors. [See Ord. No. 8 of 1872.]
Power to the Court to exempt Jurors.
No challenge except for cause.
Talesman.
As to new Jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.