JURY.
No. 6 of 1887.
277
trial at the same sitting or session have been disposed of, or 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 person accused, and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
the court
25. Nothing in this Ordinance shall prevent the court from Power of exempting, in its discretion, any person from serving as a juror on any trial or from removing the name of any person from the juror 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.
Challenge for cause only in criminal cases.
27. Whenever there is a deficiency of jurors, it shall be Talesmen. lawful for the court, at the prayer of either of the parties in the action or of the prosecutor or person accused, 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.
28. (1) The remuneration of special jurors in civil cases Remunera- shall be twenty-five dollars each for each day of every trial.
special tion of
(2) In criminal cases special jurors shall not be entitled to jurors. any remuneration: Provided always that the judge, on an application for a special jury by any person accused, may order such special jury to be remunerated as in civil cases, and that such person accused shall deposit with the Registrar a sum sufficient to cover the expenses of such special jury; otherwise such order shall be of no effect.
29. If any juror, having been duly served with a summons—
(1) fails to attend; or
(2) being present, does not appear when called; or
(3) after appearance, withdraws himself without the permission of the judge,
Fining of juror for non-attend- ance, etc.