the-ordinances-of-the-legislative-counci-1890 — Page 110

74 ORDINANCE No. 15 OF 1844.


Supreme Court.

Talesmen. 85. And be it further enacted and ordained , that whenever there shall be a
deficiency of jurors, it shall be lawful for the Court 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.
As to jury for 86. And be it further enacted and ordained , that the names of the persons sworn
new cases.
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 :
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, ard 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 .
Howjury when 87. And be it further enacted and ordained, that after the jury in any case shall
sworn or charged
with any have been sworn, or charged with any prisoner, they shall be kept in some convenient
prisoner, to be
kept. place in Court apart by themselves , until the Chief Justice of the said Court Las
B
summed up the evidence, and has left the case with the said jury ; and if any suca
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.

How jury to be 88. And be it further enacted and ordained, that whenever it may be necessary
kept when
necessary to for the Court to adjourn the further sitting of the said Court during the trial of any
adjourn the
Court.
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.
In case of death 89. And be it further enacted and ordained, that whenever it shall sufficiently
or disability of
juror, jury may appear to the Court, before whom any action, indictment, or information , is to be tried,
be discharged.
that the said jury, by reason of the death or bodily infirmity of any of them, shall be