Penalty for non- attendance.
Jury to be ballot- ed for.
No Challenge ex- cept for cause.
Talesmen.
f
As to Jury for
new cases.
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.
XI. And be it further enacted and ordained, That if any Juror, 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, in the case of a Common Juror, the sum of One Hundred Dollars, and in the case of a Special Juror not exceeding the sum of Two Hundred Dollars, as to the said Court shall seem meet.
XII. 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 or paper 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.
XIII. And be it further enacted and ordained, That no person who shall be put upon his trial either for treason, felony, or misdemeanour, shall be allowed to challenge any of the Jurors except for cause.
XIV. And be it further enacted and ordained, That when- ever there 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 the persons sworn as Jurors, in manner aforesaid, shall be marked on the 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 recorded, 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 verdict, it shall be lawful for the said Court to order another Jury to be drawn from the residue of the
said
said papers, 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 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 chal- lenged 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.
XVI. And be it further enacted and ordained, That after the How Jury, when Jury in any case shall have been sworn, or charged with sworn or charged
any Prisoner, they shall be kept in some convenient place in Court with any prisoner,
to be kept. 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.
sary to adjourn the
XVII. And be it further enacted and ordained, That when- How Jury to be ever it may be necessary for the Court to adjourn the further kept when neces sitting of the said Court during the trial of any case, it shall Court. 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.
XVIII. And be it further enacted and ordained, That if, Provision in case during the trial of any action, indictment, or information, any of death or dis- one or more of the Jurors, not exceeding the number of three,"
ability of Juror. shall be disabled by death, illness, or bodily infirmity, from serving on the Jury, it shall be lawful for the Court in its dis- dretion to order the trial of such action, indictment, or infor- mation, to be proceeded with in like manner as if the full num- ber of Jurors had continued to serve on the Jury, and any ferdict returned by the remainder of the Jurors, not being less Ahan three in number, shall be of equal validity and have the same force and effect, as if it had been returned by a Jury con- consisting
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