ORDINANCE No. 15 OF 1844.
Supreme Court.
disabled from returning a verdict, then the said Court shall discharge such jury, and shall cause a new jury to be impannelled, sworn, and charged with any prisoner; and the said action, indictment, or information shall be tried as if such first jury had not been impannelled.
90. And be it further enacted and ordained, that whenever the jury in any case has withdrawn, and been kept apart for the purpose of considering their verdict, and shall not have returned the same before all the other cases for trial at the same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, the Court shall discharge such jury, and shall cause a new jury to be impannelled, and sworn, and charged with any prisoner, and the action, indictment, or information, shall be tried as if such first jury had not been impannelled.
91. And be it further enacted and ordained, that the verdict of the jury shall in all cases be given by the foreman, in open Court, and in the presence of all the said jury, and, if a criminal proceeding, in the presence of the prisoner, and shall be thereupon recorded by the Registrar of the said Court; and the said Registrar shall before taking the said verdict ask if they are all 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 said 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 said jury may acquit any prisoner of a part of the charge against him, and find him guilty of the remainder.
92. And be it further enacted and ordained, that for the purpose of bringing a criminal case under the cognizance of the said Court, an indictment or information, duly signed by the Attorney General, or, in his absence, by the Colonial Secretary, shall be as valid and effectual in all respects as if the same had been presented by a grand jury.
93. And be it further enacted and ordained, that the process of the said Court for summoning the defendant to answer any indictment or information, and for the service of a copy of the indictment or information, on any defendant therein named, shall be by writ sued out by the Registrar of the said Court, or when the prosecution is at the instance of a private party, by the prosecutor or his attorney, and the same shall be directed to the sheriff of the said Colony in the form, or as near as may be, in the schedule hereunto annexed, marked (No. 8.).
94. And be it further enacted and ordained, that the said Registrar or his deputy in Crown cases, or the prosecutor or his attorney shall indorse on, or annex to, every indictment or information, and every copy of any indictment or information, delivered to the sheriff for service thereof, a notice of trial; which notice shall specify the Court before which, and the particular session and time when, he will bring the defendant to trial on the said indictment or information; and which shall be as near as may be in the form in the schedule hereunto annexed, marked (No. 9.).
In case jury cannot agree upon verdict.
Verdict.
Indictment or information.
Process for summoning defendant on indictment, or information.
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Notice of trial on indictment or information.