134 ORDINANCE No. 7 OF 1845 .
Jurors.
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 16. And be it further enacted and ordained , that after the jury in any case shall
sworn or char
ged with any have been sworn, or charged with any prisoner, they shall be kept in some convenient
prisoner, to be
kept. place in Court apart by themselves, until the Chief Justice of the said Court has
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 17. And be it further enacted and ordained, that whenever it may be necessary
kept when
necessary to for the Court to adjourn the further sitting of the said Court during the trial of any
adjourn the
Court.
case, 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.
Provision in case 18. And be it further enacted and ordained, that if, during the trial of any action,
of death or dis
ability ofjuror. indictment, or information, any one or more of the jurors, not exceeding the number
of three, shall be disabled by death, illness, or bodily infirmity, from serving on the jury,
it shall be lawful for the Court in its discretion to order the trial of such action, indict
ment, or information, to be proceeded with in like manner as if the full number of
jurors had continued to serve on the jury, and auy verdict returned by the remainder
of the jurors, not being less than three in number, shall be of equal validity and have
the same force and effect, as if it had been returned by a jury consisting of the full
number of six jurors ; or it shall be lawful for the Court to cause a new jury to be im
panelled, sworn, and charged with any prisoner ; and the action, indictment , or infor
mation shall be tried as if such first jury had not been impanelled.
In case jury 19. And be it further enacted and ordained , that whenever the jury in any case
cannot agree
upon verdict. 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