A.D. 1887.]
JURY.
[No. 6.
555
18.--(1.) After the jury have been sworn or charged with any prisoner or accused person, they shall be kept in some convenient place in Court apart by themselves, retirement of individual jurors for personal purposes only excepted, and then in charge of an officer of the Court, until the Judge has summed up the evidence and has left the case with the jury: Provided that, in case and as often as the Court may adjourn before the case has been so left with the jury, then such jury may, if the Judge so directs, be removed in charge of an officer of the Court to some convenient place, there to take refreshment at their own expense and rest, until the Court reassembles, and such officer shall be sworn that he will suffer none save himself to speak to or to communicate with them without the express leave of the Judge.
(2.) If, after the case has been so left with the jury, the jury 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, but they shall be allowed reasonable refreshment at their own expense, with power also to retire alone only for personal purposes, until they are agreed upon their verdict or are discharged therefrom by the Court; and the officer shall be sworn that he will suffer none to have access to them or speak to them himself, except to ask whether they are agreed upon their verdict or to communicate between them and the Court: Provided always that it shall be in the discretion of the Judge in all cases to dispense with any of the foregoing provisions, and, in the event of any adjournment, to direct the jury to be removed to some convenient place in the vicinity of the Court during such adjournment, under the charge of the proper officer of the Court, or to allow the jury to separate for such time and subject to such conditions as to the Judge may seem fit.
of new jury for new case.
19. The names of the persons drawn as jurors shall be marked on the list provided for in section 15, and the cards with such names shall be kept apart by themselves until all the cards in the box have been drawn: Provided always that, if any case is brought on to be tried before the jury in any other case have brought in their verdict, it shall be lawful for the Court to order another jury to be drawn from the residue of the said cards for the trial of the case which is so brought on to be tried: Provided, also, that where no objection is made on behalf of the plaintiff or prosecutor or on behalf of the defendant or prisoner or accused person, it shall be lawful for the Court to try any case with the same jury who have previously tried or been drawn to try any other case, or to order the name of any person 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 to be drawn from the box, and to try the case with the residue of such original jury
1
Page 5
Page 6
556
No. 6.] THE
A.D. 1887.]
JURY.
[No. 6.
555
18.--(1.) After the jury have been sworn or charged with any pri- Keeping jury soner or accused person, they shall be kept in some convenient place in together. Court apart by themselves, retirement of individual jurors for personal purposes only excepted, and then in charge of an officer of the Court, until the Judge has summed up the evidence and has left the case with the jury: Provided that, in case and as often as the Court may adjourn before the case has been so left with the jury, then such jury may, if the Judge so directs, be removed in charge of an officer of the Court to some convenient place, there to take refreshment at their own expense and rest, until the Court reassembles, and such officer shall be sworn that he will suffer none save himself to speak to or to communicate with them without the express leave of the Judge.
(2.) If, after the case has been so left with the jury, the jury 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, but they shall be allowed reasonable refreshment at their own expense, with power also to retire alone only for personal purposes, until they are agreed upon their verdict or are discharged therefrom by the Court; and the officer shall be sworn that he will suffer none to have access to them or speak to them himself, except to ask whether they are agreed upon their verdict or to communicate between them and the Court: Provided always that it shall be in the discretion of the Judge in all cases to dispense with any of the foregoing provisions, and. in the event of any adjournment, to direct the jury to be removed to some convenient place in the vicinity of the Court during such adjourn- ment, under the charge of the proper officer of the Court, or to allow the jury to separate for such time and subject to such conditions as to the Judge may seem fit.
of new jury
for new ease.
19. The names of the persons drawn as jurors shall be marked on Empanelling the list provided for in section 15, and the cards with such names shall be kept apart by themselves until all the cards in the box have been drawn: Provided always that, if any case is brought on to be tried . before the jury in any other case have brought in their verdict, it shall be lawful for the Court to order another jury to be drawn from the residue of the said cards for the trial of the case which is so brought on to be tried: Provided, also, that where no objection is made on behalf of the plaintiff or prosecutor or on behalf of the defendant or prisoner or accused person, it shall be lawful for the Court to try any case with the same jury who have previously tried or been drawn to try any other case, or to order the name of any person 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 to be drawn from the box, and to try the case with the residue of such original jury
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Page 5Page 6
556
No. 6.] THE
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