CO129-003 - Foreign Office - 1843 — Page 431

RULE 4th—More than twenty Grand Jurors shall be sworn at each Session. [See Appendix No. 6, 7, and 8.]

RULE 4th—The proceedings of the Grand Jury to be conducted generally according to the principles and practice of the courts in England, and in the finding of a True Bill on any Indictment, twelve of the jurors at least must concur.

RULE 5th—The following persons may be exempted from serving on the Grand (or Petty) Jury, without incurring penalties on proper representation being made to the court, and claiming the immunity,

1st. Persons above sixty, and under twenty-one years of age.

2nd. Sick Persons.

3rd. Surgeons and Physicians.

4th. Officers in the employ of Government, having other urgent Duties to attend to.

SECTION V.

OF PROCESS.

RULE 1st.—Sessions to be proclaimed from time to time under the authority of the Chief Superintendent, and all Subjects of her Majesty concerned therein, or specially summoned to attend accordingly. (See Appendix No. 9.)

RULE 2nd.—The Court to have the like power, and to pursue the same method, as the Courts of Oyer and Terminer in England, to secure the attendance of defendants, or accused persons, who are not in actual custody.

RULE 3rd.—Arraignment to be in the manner, and agreeable to the Rules of the Courts of Oyer and Terminer in England.

RULE 4th—If the accused person refuses to plead, or confesses the fact, the Court to proceed in either case agreeably to the practice of the Courts of Oyer and Terminer in England.

SECTION VI.

OF PLEAS, AND GENERAL ISSUE.

RULE 1st. Pleas to be allowed to persons accused before the Court, according to the practice of the Courts of Oyer and Terminer in England.

RULE 2nd. The accused shall be entitled to request any person, being a British subject (and having the sanction of the Court) to support, on his behalf, any plea or point of Law that the Court may think proper to allow to be debated,

RULE 3rd.—In any instance coming within the preceding Rule, the Court will be guided by, and decide with, special regard to the general authority and intention of the particular Law and Orders of Council, under which, and the objects for which, the Court has been erected.

SECTION VII.

OF TRIAL.

RULE 1st—The Recording Officer of the court will at every Session return a panel of not less than twenty-four British subjects, to the end that twelve thereof may sit as a Petty Jury, to hear and determine between our Sovereign Lady the Queen and any prisoner placed for trial at the Bar of the court, for offences committed within the jurisdiction of the court. (See Appendix No. 10 and 11.)

RULE 2nd—Regard being had to Local circumstances, the prisoner shall have no privilege of peremptory challenge, but only for good cause shown, to be determined by the court. [See Appendix No. 12, and 13.]

RULE 3rd—The trial to proceed, and evidence both for the prosecution and defence to be received, and recorded, as far as local circumstances will permit, agreeable to the practice of the courts of Oyer and Terminer in England. [See Appendix No. 14.]

RULE 4th—Should it be found impossible to conclude any trial in one day, the court to exercise the power of adjourning without confining the jury; but in that case the jurors shall be sworn "neither to speak themselves to any person except one of their own number, nor to allow (without representing it to the court) any person to speak to them, on any matter touching the trial."

RULE 5th—In the event of any person speaking to, or trying in any manner, to tamper with any jury-man, in contravention of the preceding Rule, the court will punish such person summarily by fine or imprisonment, (or both) at its discretion.

RULE 6th—In cases of illness or death of jurors, the court will proceed agreeable to the practice of the courts of Oyer and Terminer in England.

RULE 7th—The verdict of the Petty Jury to be found and pronounced agreeable to the practice of the Courts of Oyer and Terminer in England: that is, by the unanimous voice of the Jury,

RULE 8th. The Court to have the power of remarking on the Verdict—should it see cause to do so and allowing the Jury after such remarks, to retire and reconsider their Verdict.

RULE 9th.—When the prisoner is found guilty, sentence is to be passed by the Chief Superintendent in the manner laid down in the Order in Council; and when the prisoner is acquitted on the merits of the charge, he is to be instantly discharged, and is to be proclaimed to be for ever free, upon that accusation.

RULE 10th. But when the prisoner is acquitted on an obvious and admitted defect in the proceedings, and the acquittal cannot be pleaded, the prisoner may be detained in safe custody by a fresh Warrant of the Court, to be re-indicted in such a manner as may meet the like ends of Justice.

SECTION VIII.

OF THE ATTENDANCE OF JURORS AND WITNESSES.

RULE 1st.—Any Subject of her Majesty (not specially excused under Rule 5th of Section IV.) who, having been duly summoned by the Recording Officer (see Appendix No. 10), shall fail, without sufficient and satisfactory cause (certified sickness, for instance) to attend and perform his duties as a Grand or Petty Juror, shall be liable to a fine at the discretion of the Court, of not less than twenty dollars for the first omission, or less than fifty for the second, which sum shall be further increased at the pleasure of the Court, and be for the use of Her Majesty the Queen; and the Court shall have the power of enforcing all such fines, by confining the parties who are to pay them, till that is done.

RULE 2nd.—Any Subject of Her Majesty whose testimony may be considered necessary, may be bound over under sufficient surety, by the Examining or Committing Authorities (see section II.) to appear and give evidence at the trial, of which due notice will be communicated to such witnesses by the Recording Officer of the Court; and in the event of his failing to attend, he shall be liable to a fine or penalty at the discretion of the Court.

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