Penalty
on
shall forward the same, and such Notices as may be so served on him, to the Clerk of the Legislative Council, to the end that the said Governor with the Advice of the said Council (and he and they are hereby empowered so to do) may strike off or add such Name or Names from among those of the said Inhabitants as to the said Governor and Council may appear fit: and which said List, when so approved of or altered, shall be returned to the said Registrar by the said Clerk of the Councils, and called the "Jurors' List," and shall be in force until the First Day of March, 1852.
IV. And be it further enacted and ordained, That if any Sheriff, or Sheriff for Ne-other Minister, or Officer, shall wilfully insert or omit, in the List of gleet of Duty. Jurors, the Name of any Man which ought not to be so inserted or omitted, according to the List of Jurors so to be made out as aforesaid, or shall fail to sign and transmit a correct Copy of such List to the said Registrar as bereinbefore directed, or shall otherwise fait well and truly to do and perform all and every the Acts, Matters, and Things, hereby required to be by him performed, such Sheriff, or other Minister, or Officer, shall be fined at the Discretion of the said Court.
Year.
Jury List to be V. And be it further enacted and ordained, That on or before the in Use for one First Day of January which will be in the Year of Our Lord One Thou- sand Eight Hundred and Fifty-two, and on or before the First Day of January in each and every subsequent Year, the said Sheriff shall make out and transmit a fresh Jury List, in Manner and Form as herein before directed; and such fresh Jury List, when so transmitted, and approved of or altered as aforesaid, shall be brought into Use the First Day of March then next following, and shall continue to be used for One Year then next ensuing.
Manner of forming Panel.
For Summon- ing Juries.
Panel.
VI. And be it further enacted and ordained, That when the said Jury List shall be completed and returned to the said Registrar, he shall cause the Names therein to be written on separate Cards and placed in a Ballot Box to be kept for that Purpose; and whenever it shall be requisite to summon a Jury, the said Sheriff shall attend at the Regis- trar's Office, and in the Presence of him or his Deputy, draw from the said Box Eighteen of the said Names to form a Panel, and the Cards so drawn shall thereupon be locked up in a separate Box, therein to remain until the entire of the Names in the said Ballot Box shall be exhausted by subsequent Panels, when all the Names of the said Jurors shall be returned to the said Ballot Box, if required, for the Purposes of the current Year, and in such Case the said Names shall'again be redrawnTM*** in Manner aforesaid,
VII. And be it further enacted and ordained, That the Sheriff shall also, before the Sitting of any Court whereat a Jury shall be necessary, issue Summonses according to the Form in the Schedule hereunto annexed, requiring the Attendance thereat of the said Eighteen Persons so drawn from the Ballot Box, and that every such Summons shall be personally served upon, or left at the usual Place of Abode of, the Person so sum- moned Two clear Days before the Day appointed for the Sitting of the Court.
VIII. And be it further enacted and ordained, That the Sheriff shall also, at the same Time, cause to be delivered to the Registrar, or Clerk (as the Case may be) of the said Court, a Panel containing the Names, Places of Abode, and Additions, of the Persons so summoned. Penalty for
IX. And be it further enacted and ordained, That if any Juror, Non-attendance. having been duly served with such Summons, shall fail to attend, or being present, shall not appear when called, or after Appearance shall withdraw himself without the Permission of the Court, the said Court shall (unless some reasonable Excuse be proved on Oath or Affidavit, or otherwise to the Satisfaction of the Court) set upon the Person so making Default such Fine, not exceeding the Sum of One Hundred Dollars, as to the said Court shall seem meet.
Jury to be bal- loted for.
X. And be it further enacted and ordained, That at the Sitting of the Court the Names of all the Jurors summoned shall be written on sepa- rate Pieces of Card of equal-Size and put into a Bork, and the Registrar or Clerk of the said Court shall, in open Court, draw therefrom until Six Jurors appear, who, after all just Causes of Challenge allowed, shall remain as fair and indifferent, and the same shall be done when- ever it shall be necessary to form a new Jury.
Governor and XI. And be it further enacted and ordained, That when and so often Council' to mark as the said List of Jurors shall have been transmitted by the said off the Names of Registrar in Manner as aforesaid to the said Governor and Legislative not-than 24 Persons in Council, he and they shall mark off, and designate with the Term the general Jury Special Juror," not less than Twenty-four of the Names contained in the List, who shall said List, and the Persons whose Names are so marked off or designated, be liabla soseurd shall be liable to serve both as Special and Common Jurors, and the as Speed Nanies of such Special Jurors shall be formed into a separate List; and
tilidest
that, 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
rors.
ہیں
Action, Indictment or Information, tried by a Special Jury (such Special Jury to consist of Six Men so marked or designated as aforesaid), it shall be lawful for the Court, upon Motion for that Purpose, to appoint Special Jury for the Trial of any Issue joined in any of the said Cases and triable by a Jury, which shall be balloted for from the said Special Jury List by the said Sheriff in the Presence of the said Registrar or his Deputy (as herein before provided for in the Case of a Common Jury) and summoned in the like Manner. 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 said Rule or Order of the Court to be of no Effect. And be it further provided, that the Verdict or Finding of every such Special Jury shall be subject to the said Provisions respecting Majorities; as if it were a Common Jury, elysin
XII. And be it further enacted and ordained, That nothing herein Power to the contained shall prevent the said Court from exempting in its Discretion Court on Cause any Person or Persons from serving as a Juror on any Trial, or from shewn to exempt removing their Names from the List of Jarors, on Cause being shewn for ving,or to remove Jurora from ser- so doing.
their Names XIII. And be it further enacted and ordained, That no Person who from the List. shall be put upon his Trial either for Treason, Felony, or Misdemeanour,
No Challenge shall be allowed to challenge any of the Jurors except for Cause.
except for Cause. XIV. And be it further enacted and ordained, That whenever there Talesmen. 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.
XV. And be it further enacted and ordained, That the Names of As to Jury for
the Persons sworn as Jurors, in Mauner aforesaid, shall be marked on the new Cases. 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 re- corded, 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 Verdiet, it shall be lawful for the said 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 De- fendant, 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
XVI. And be it further enacted and ordained, That after the Jury
Jury, in any Case shall have been sworn, or charged with any Prisoner, they when sworn or shall be kept in some convenient Place in Court apart by themselves, Prisoner, to be charged with any until the Chief Justice of the said Court has summed up the Evidence, j and has left the Case with the said Jury; and if any such Jury shall
kept. 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 aworn 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.
XVII. And be it further enacted and ordained, That whenever it How Jury-to) may be necessary for the Court to adjourn the further Sitting of the said be kept when Court during the Trial of any Case, it shall be competent to the Court necessary to ad to direct the said Jury to be removed to some convenient Place in the journ the Courts neighbourhood of the Court during the said Adjournment, under the anders! # Charge of a proper Officer of the Court.
shub Lartenay c Bada odved Provision-
XVIII. And be it further enacted and ordained, That if, during the Trial of any Action, Indictment, or Information, any One or any Two of Casobí Boutirir the said Jurors shall be disabled by Death, Illness, or bodily Infirmity, Disability of Ju- * from serving on the Jury, it shall be lawful for the Court in its Discre- tion to order the Trial of such Action, Indictment, or Information,
ror.
273