the-ordinances-of-the-legislative-counci-1890 — Page 111

ORDINANCE No. 15 OF 1844 . 75


Supreme Court.


disabled from returning a verdict, then the said Court shall discharge such jury, and shall
cause a new jury to be impannelled, sworn, and charged with any prisoner ; and the said
action, indictment, or information shall be tried as if such first jury had not been
impannelled.

90. And be it further enacted and ordained , that whenever the jury in any case In case jury
cannot agree
has withdrawn, and been kept apart for the purpose of considering their verdict, and upon verdict.

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 that the said jury cannot agree upon a verdict, the Court shall discharge such
jury, and shall cause a new jury to be impannelled, and sworn , and charged with any
prisoner, and the action , indictment, or information , shall be tried as if such first jury
had not been impannelled .

91. And be it further enacted and ordained , that the verdict of the jury shall in Verdict.
all cases be given by the foreman , in open Court, and in the presence of all the said
jury, and, if a criminal proceeding , in the presence of the prisoner, and shall be there
upon recorded by the Registrar of the said Court ; and the said Registrar shall before
taking the said verdict ask if they are all agreed thereon , and whether they find for the
plaintiff, or for the defendant, and in the case of a prisoner whether they find such
prisoner " Guilty" or " Not Guilty ;" and the said jury shall either pronounce a general
verdict for the plaintiff, or defendant, or of " Guilty " or " Not Guilty," or else, shall
return a special verdict finding the facts of the case : Provided always, that the said jury
may acquit any prisoner of a part of the charge against him, and find him guilty of the
remainder.

92. And be it further enacted and ordained, that for the purpose of bringing a Indictment or
information .
criminal case under the cognizance of the said Court, an indictment or information,
duly signed by the Attorney General, or, in his absence, by the Colonial Secretary , shall
be as valid and effectual in all respects as if the same had been presented by a grand
jury.
93. And be it further enacted and ordained, that the process of the said Court Process for
summoning
for summoning the defendant to answer any indictment or information , and for the defendant on
indictment, or
information .
service of a copy of the indictment or information, on any defendant therein named ,
shall be by writ sued out by the Registrar of the said Court, or when the prosecution
is at the instance of a private party, by the prosecutor or his attorney, and the same
shall be directed to the sheriff of the said Colony in the form , or as near as may be, in
the schedule hereunto annexed , marked (No. 8.) .
94. And be it further enacted and ordained, that the said Registrar or his deputy Notice of trial
on indictment
in Crown cases, or the prosecutor or his attorney shall indorse on , or annex to, every or information.
indictment or information, and every copy of any indictment or information, delivered
to the sheriff for service thereof, a notice of trial ; which notice shall specify the Court
before which, and the particular session and time when , he will bring the defendant to
trial on the said indictment or information ; and which shall be as near as may be in
the form in the schedule hereunto annexed , marked (No. 9.) .