4097.
།།། ། ། །
PUBLIC RECORD OFFICE
سبيا
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Reference :-
C.O.
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD DUKE,
No. 14.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, April 21, 1860.
We are honoured with your Grace's command, signified in Mr. Elliot's letter of the 3rd April instant, in which he stated that he was directed by your Grace to transmit for our consideration a copy of a letter addressed to the Governor of New- foundland by the Chief Justice of that Colony, accompanied by certain queries as to the mode of dealing with jurors empanelled to try a cause, and to request that we would favour your Grace with our opinion on the question submitted by the Chief Justice.
In obedience to your Grace's commands we have taken these papers into our con- sideration, and have the honour to
Report
1st. It is not in the power of the presiding judge in England, after he has charged the jury and they have retired to consider their verdict, in a criminal case to order any refreshment for the jury. The oath administered to the officer, in whose charge the jury leave the court to be locked up, expresses the practice in this respect. He is sworn "to keep the jury in some convenient place without meat, drink, or fire, candle light excepted," and not to speak to them, &c. &c. "until they have agreed upon their verdiot."
2nd. The same rule of practice applies both to civil and criminal cases, and refresh- ment is equally prohibited, whether the jury themselves or any other individuals may propose or be willing to bear the expense.
3rd. The consent of parties cannot relax to any extent the operation of the strict rule of practice.
4th. It is in the power of the presiding judge, in the exercise of his own discretion and without the consent of parties, to discharge a jury, after they have been for a reasonable period in deliberation, and are not likely, in the opinion of the judge, to agree upon a verdict.
His Grace the Duke of Newcastle,
&o.
&c.
&c.
We have, &c. (Signed) RICHARD BETHELL.
WM. ATHERTON.
0 16278,--584.
25.-2/86.