A.D. 1887.]
JURY.
No. 6.
557
not agreeing
the case of a prisoner or accused person, whether they find such prisoner or accused person guilty or not guilty; and the 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 jury may acquit any prisoner or accused person of a part of the charge against him, and find him guilty of the remainder.
24. Whenever the jury in any case have withdrawn and been kept apart for the purpose of considering their verdict, and have not returned the same before all the other cases for trial at the same sitting or session have been disposed of, and when it sufficiently appears to the Court that the said jury cannot agree upon a verdict, and that there is not such a majority as aforesaid agreeing, the Court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any prisoner or accused person, and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
25. Nothing in this Ordinance shall prevent the Court from exempting, in its discretion, any person from serving as a juror on any trial or from removing the name of any person from the list of jurors, on cause being shown for so doing.
26. No person who is put upon his trial either for treason, felony, or misdemeanor shall be allowed to challenge any of the jurors except for cause.
upon verdict.
Power to the Court to exempt juror.
No challenge except for cause.
27. Whenever there is a deficiency of jurors, it shall be lawful for the Court, at the prayer of either of the parties in the action or suit or of the prosecutor, prisoner, or accused person, to put upon the jury so many good and lawful men of the bystanders or others who can be speedily procured as may be sufficient to make up the full number thereof.
Talesmen.
Miscellaneous Provisions.
28.—(1.) The remuneration of special jurors in civil cases shall be twenty-five dollars each for each day of every trial.
Remuneration of special jurors.
(2.) In criminal cases special jurors shall not be entitled to any remuneration: Provided always that the Judge, on an application for a special jury by any prisoner or accused person, may order such special jury to be remunerated as in civil cases, and that such prisoner or accused person shall deposit with the Registrar or other officer of the Court a sum sufficient to cover the expenses of such special jury; otherwise such order to be of no effect.
29. If any juror, having been duly served with a summons, in accordance with the provisions in that behalf hereinbefore contained,
Fining of juror for non-attendance, etc.