the-ordinances-of-the-legislative-counci-1890 — Page 291

ORDINANCE No. 4 OF 1851 . 255


Jurors.


13. 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 misdemeanour, shall be allowed to challenge
any of the jurors except for cause.

14. And be it further enacted and ordained , that whenever there shall be a defi Talesmen.

ciency of jurors , it shall be lawful for the Court, at the prayer of either of the parties
in the cause, with or without the consent of the opposite party, 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.

15. And be it further enacted and ordained, that the names of the persons sworn As to jury for
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 ofthe 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 cards 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, 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 Howjury, when
sworn or char
ged 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 has sum
med 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 How jury to be
kept when ne
for the Court to adjourn the further sitting of the said Court during the trial of any cessary to ad
journ the Court,
case, it shall be competent to the Court to direct the said jury to be removed to some