ORDINANCE No. 7 OF 1845.
Jurors.
good and lawful men qualified and liable to serve as aforesaid, and not being of affinity or kin to either of the parties to the suit or prosecution; and that every such summons shall be personally served upon, or left at the usual place of abode of the person summoned, two clear days before the day appointed for the sitting of the Court.
10. And be it further enacted and ordained, that the sheriff shall also, at the same time, cause to be delivered to the 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.
Panel.
attendance.
133
11. 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.
12. 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.
13. 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.
14. And be it further enacted and ordained, that whenever 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.
15. 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 papers, for the trial of the case which shall be so brought on to be tried:
Jury to be balloted for.
No challenge except for cause.
Talesmen.
As to jury for new cases.
ORDINANCE No. 7 OF 1845.
Jurors.
good and lawful men qualified and liable to serve as aforesaid, and not being of affinity or kin to either of the parties to the suit or prosecution; and that every such summons shall be personally served upon, or left at the usual place of abode of the person summoned, two clear days before the day appointed for the sitting of the Court.
10. And be it further enacted and ordained, that the sheriff shall also, at the same time, cause to be delivered to the 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.
Panel.
attendance.
133
11. And be it further enacted and ordained, that if any juror, having been duly Penalty for non- 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.
12. 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.
13. 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.
14. And be it further enacted and ordained, that whenever 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.
15. 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 papers, for the trial of the case which shall be so brought on to be tried:
Jury to be balloted for..
No challenge except for canse.
Talesmen,
As to jury for
new cases.
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