the-ordinances-of-the-legislative-counci-1890 — Page 109

ORDINANCE No. 15 OF 1844 . 73


Supreme Court .


78. And be it further enacted and ordained, that on or before the first day of Jury lists to be
in use for one
January which will be in the year of Our Lord one thousand eight hundred and forty year.

five, and on or before the first day of January in each and every subsequent year, the
said sheriff shall make out, and transmit two fresh jury lists, in manner and form as
hereinbefore directed ; and all such fresh jury lists, when so transmitted , shall be
brought into use the first day of March then next following, and shall continue to be
used for one year then next ensuing.

79. And be it further enacted and ordained, that whenever it shall be requisite to Order of
summoning
summon a jury, the sheriff shall summon the persons whose names shall appear on the juries.

jury list in the order in which they shall be placed ; and, at the commencement of
every year, he shall begin with the names in the new list next after the names of
the persons who were last summoned in the preceding year.

80. And be it further enacted and ordained, that the sheriff shall, before the Summons.
sitting of any Court whereat a jury shall be necessary, issue summonses according to
the form in the schedule hereunto annexed, marked (No. 7. ) requiring the attendance
thereat of eighteen 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.

81. And be it further enacted and ordained, that the sheriff shall also, at the Panel.
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.

82. And be it further enacted and ordained, that if any juror having been duly Penalty for
non-attendance.
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) 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.

83. And be it further enacted and ordained , that at the sitting of the Court the Juryto be
balloted for.
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 chal
lenge allowed , shall remain as fair and indifferent, and the same shall be done whenever
it shall be necessary to form a new jury.

84. And be it further enacted and ordained, that no person who shall be put No challenge
except for cause,
upon his trial either for treason, felony, or misdemeanor, shall be allowed to challenge
any of the jurors except for cause.