134
How jury, when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
ORDINANCE No. 7 OF 1845.
Jurors.
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 challenged 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.
16. And be it further enacted and ordained, that after the jury in any case shall have been sworn, or charged with any prisoner, they shall be kept in some convenient place in Court 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.
17. And be it further enacted and ordained, that whenever it may be necessary for the Court to adjourn the further sitting of the said Court during the trial of any case, it shall 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.
18. And be it further enacted and ordained, that if, during the trial of any action, indictment, or information, any one or more of the jurors, not exceeding the number of three, shall be disabled by death, illness, or bodily infirmity, from serving on the jury, it shall be lawful for the Court in its discretion to order the trial of such action, indictment, or information, to be proceeded with in like manner as if the full number of jurors had continued to serve on the jury, and any verdict returned by the remainder of the jurors, not being less than three in number, shall be of equal validity and have the same force and effect, as if it had been returned by a jury consisting of the full number of six jurors; or it shall be lawful for the Court to cause a new jury to be impanelled, sworn, and charged with any prisoner; and the action, indictment, or information shall be tried as if such first jury had not been impanelled.
19. And be it further enacted and ordained, that whenever the jury in any case has withdrawn, and been kept apart for the purpose of considering their verdict, and shall not have returned the same before all the other cases for trial at the same sittings or sessions shall have been disposed of, and when it shall sufficiently appear to the Court...
134
How jury, when sworn or char- ged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or dis- ability of juror.
In case jury cannot agree upon verdict.
ORDINANCE No. 7 OF 1845.
Jurors.
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 challenged 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.
16. And be it further enacted and ordained, that after the jury in any case shall have been sworn, or charged with any prisoner, they shall be kept in some convenient place in Court 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.
be necessary
17. And be it further enacted and ordained, that whenever it may for the Court to adjourn the further sitting of the said Court during the trial of any case, it shall 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.
18. And be it further enacted and ordained, that if, during the trial of any action, indictment, or information, any one or more of the jurors, not exceeding the number of three, shall be disabled by death, illness, or bodily infirmity, from serving on the jury, it shall be lawful for the Court in its discretion to order the trial of such action, indict- ment, or information, to be proceeded with in like manner as if the full number of jurors had continued to serve on the jury, and any verdict returned by the remainder of the jurors, not being less than three in number, shall be of equal validity and have the same force and effect, as if it had been returned by a jury consisting of the full number of six jurors; or it shall be lawful for the Court to cause a new jury to be im- panelled, sworn, and charged with any prisoner; and the action, indictment, or infor- mation shall be tried as if such first jury had not been impanelled.
19. And be it further enacted and ordained, that whenever the jury in any case has withdrawn, and been kept apart for the purpose of considering their verdict, and shall not have returned the same before all the other cases for trial at the same sittings or sessions shall have been disposed of, and when it shall sufficiently appear to the
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