254 ORDINANCE No. 4 OF 1851 .
Jurors.
Court, a panel, containing the names, places of abode, and additions, of the persons so
summoned.
Penalty for 9. And be it further enacted and ordained, that if any juror, having been duly
non-attendance.
KELAS
served with such summons, shall fail to attend, or being present, shall not appear when
V
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
balloted for. 10. 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 separate pieces of card of
equal size and put into a box, 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 whenever it
shall be necessary to form a new jury.
Governor and 11. And be it further enacted and ordained , that when and so often as the said
Council to mark
off the names
of nor less than list of jurors shall have been transmitted by the said Registrar in manner as aforesaid
24 persons in the
general jury list, to the said Governor and Legislative Council, he and they shall mark off, and designate
who shall be
liable to serve as with the term " Special Juror," not less than twenty-four of the names contained in
special jurors.
the said list, and the persons whose names are so marked off or designated, shall be
liable to serve both as special and common jurors, and the names of such special jurors
shall be formed into a separate list ; and 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 action , indict
ment 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 a 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 hereinbe
fore 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.
[So much as provides that the persons marked off as special jurors shall be taken to serve both
as special and common jurors repealed by Ordinance No. 2 of 1860. ]
Power to the 12. And be it further enacted and ordained , that nothing herein contained shall
Court on cause
shewn to exempt prevent the said Court from exempting in its discretion any person or persons from
jurors from ser
ving, or to re
movetheir names serving as a juror on any trial, or from removing their names from the list of jurors,
from the list.
on cause being shewn for so doing.