No Challenge ex-cept for cause.
Talesmeu.
As to Jury for new cases.
*worn
94. And be it further enacted and ordained, That no person who shall be put upon his trial either for treason, felony, or misdemeanor, shall be allowed to challenge any of the Jurors except for cause.
85.-And be it further enacted and ordained, That whenever there shall be a deficiency of Jurors, it shall be lawful for the Court 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.
86--And be it further enacted and ordained, That the names of the persons sworn as Jurors, in manner aforesaid, shall be marked on the list; and those names so drawn shall be kept apart by themselves until such Jury shall have given in their verdict, and the same shall be recorded, or until such Jury shall, by order of the Court, be discharged; and then the said names shall be returned to the box, there to be kept with the other names remaining at that time undrawn; and so often and so long as any case remains to be tried: Provided always, that if any case shall be brought on to be tried in the said Court, before the Jury in any other case shall have brought in their verdict, it shall be lawful for the said Court to order another Jury to be drawn from the residue of the said papers, 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, without their names being returned to the box and redrawn, or to order the name or names of any person or persons 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 or other names 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.
How Jury when 87.--And be it further enacted and ordained, That after the Jury in any case shall charged have been sworn, or charged with any Prisoner, they shall be kept in some convenient with any prisoner, place in Court apart by themselves, until the Chief Justice of the said Court has to be kept. summed up the evidence, and has left the case with the said Jury; and if any such Jury shall desire to withdraw for the purpose of considering their verdict, then they shall be kept by an officer of the Court in some convenient place apart by themselves until they are agreed upon their verdict, or be discharged therefrom by the Court; and the said Officer shall be sworn that he will suffer none to have access to them, or speak to them, and that he will not speak to them himself, except to ask whether they are agreed upon their verdict, or to communicate between them and the Court.
How Jury to be kept when
88.-And be it further enacted and ordained, That whenever it may be necessary neces- for the Court to adjourn the further sitting of the said Court during the trial of any case, sary to adjourn the it shall be competent to the Court to direct the said Jury to be removed to some convenient place in the neighbourhood of the Court during the said adjournment, under the charge of a proper officer of the Court,
Court.
In case of death, or disability of Juror, Jury may be discharged.
89-And be it further enacted and ordained, That whenever it shall sufficiently appear to the Court, before whom any action, indictment, or information, is to be tried, that the said Jury, by reason of the death or bodily infirmity of any of them, shall be 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 impanelled.
In case Jury cannot agree upon verdict.
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.
Verdict.
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.
C
Indictment or Information.
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 Process for Summoning the Defendant to answer any Indictment or Information, and for the moning defendant service of a copy of the Indictment or Information, on any Defendant therein named, on Indictment, or shall be by writ sued out by the Registrar of the said Court, or when the prosecution Information. 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.)
Notice of trial on
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.)
95. And be it further enacted and ordained, That the said Registrar, or his deputy, Prosecutor to deli- or the Prosecutor or his Attorney shall deliver, or cause to be delivered to the Sheriff, ver to Sheriff, Pro- [together with the process of the Court for summoning the Defendant] the copy of the cess, copy of Indict- Indictment or Information, with notice of trial indorsed on the same, or annexed thereto; and notice of trial. ment or Information and, if there are more Defendants than one, then as many copies and notices as there are Defendants; and, if the prosecution be at the instance of any private party, the Prosecutor shall also, at the same time, pay to the said Sheriff his lawful costs and charges for serving the same.
Time and mode of
96.-And be it further enacted and ordained, That the Sheriff shall, as soon as may be, after having received a copy or copies of the Indictment or Information, and notice summoning defendant or notices of trial, and the process of the Court for serving the same, and, ten days at on Indictment or least before the day therein specified for trial of the said Defendant or Defendants, by Information. himself, or his deputy, or other officer, deliver to the said Defendant or Defendants, the said copy or copies, and notice or notices, and explain to him, her, or them, the nature and exigency thereof; and when the said Defendant or Defendants, or any, or either of them, cannot be found, he shall leave a copy or copies of the said Indictment or Information, and notice or notices of trial, with some one of his, her, or their household for him, her, or them, at his, her, or their dwelling house or with some one of his, her, or their clerks, for him, her, or them, at his, her, or their counting house, or place of business, and, if none such can be found, shall affix the said copy or copies, and notice or notices, to the outer, or principal door of the said dwelling house or houses.
97.-And be it further enacted and ordained, That the Officer serving the copy or copies of the said Indictment or Information, and notice or notices, shall forthwith of copy of Indict- transmit to the Registrar of the Court, a copy of the return of the mode of service ment, &c. of the said Indictment or Information indorsed on the writ or process for serving the same.
Return of service
98.--And be it further enacted and ordained, That when it shall appear by the Proceedings indorsement made on the writ or process by the officer executing the same, that the nonappearance copy or copies of the Indictment or Information, and notice or notices of trial have been Defendant thereon. duly served in manner herein before provided, and the Defendant or Defendants, on being thrice called on the day appointed for the said trial does, or do not appear, it shall be competent for the Prosecutor to move the Court, if the Defendant or Defendants have been admitted to Bail, that he, she, or they, and his, her, or their sureties may be called upon their recognizance or recognizances, and in default of his, her, or their appearance that the same may be estreated; and it shall also be competent for the Prosecutor to apply to the Chief Justice of the said Court for his warrant for the apprehension of the said Defendant or Defendants.
on
of
99.-And be it further enacted and ordained, That, if the Prosecutor or his Attorney, Proceedings having given notice of trial, shall not appear in Court to prosecute or prefer the said nonappearance Indictment or Information, before the close of the session of that Court, before which on
of
Prosecutor
after
he gave notice for trial, it shall be competent for the Defendant or Defendants to move notice of Trial, the Court to discharge him, her, or them, therefrom; and when the said Defendant or Defendants, or any other on his, her, or their behalf, has, or have been bound by recognizance for the appearance of the said Defendant or Defendants so to take his, her, or their trial, then that the said recognizance may be discharged; and, where the Indictment or Information is at the instance of a private party, it shall also be competent to the Defendant or Defendants to move the Court that the said private Prosecutor or Prosecutrix and his, or her'sureties shall be called on their recognizance, and, in default of his, or her appearance, that the same may be estreated.
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