the-ordinances-of-the-legislative-counci-1890 — Page 705

ORDINANCE No. 11 or 1864. 669


Jury.


formed into a separate list ; and if either the plaintiff or the defendant in any suit or persons in the
general jury list,
action , or the prosecutor or defendant in any indictment or information other than for who shall be
liable to serve
treason or felony, shall be desirous of having such suit or action , indictment or infor as special jurors.
[See Ord, No. 8
of 1872.]
mation, tried by a special jury, (such special jury to consist of seven men so marked or
designated as aforesaid ,) it shall be lawful for the Court to order and appoint a special
jury to be struck by the Registrar, and summoned in the manner provided with respect
to common jurors ; Provided that the party applying for such special jury, and who shall
have obtained a rule or order of the Court for that purpose, shall , on entering the cause
for trial, deposit with the Registrar or other officer of the Court, a sum sufficient to cover
the expenses of the special jury ; otherwise the rule or order of Court to be of no
effect . And it is hereby further provided, that special jurors shall be exempt from
serving on any common jury, and that the verdict of every special jury shall be subject
to the said provisions respecting majorities, as if it were a common jury.

18. Nothing herein contained shall prevent the Court from exempting in its Power to the
Court to exempt
discretion any person or persons from serving as a juror on any trial, or from removing jurors.

their names from the list of jurors , on cause being shewn for so doing.
19. No person who shall be put upon his trial either for treason , felony, or No challenge
except for cause.
misdemeanour, shall be allowed to challenge any of the jurors except for cause.

20. Whenever there shall be a deficiency of jurors, it shall be lawful for the Court, Talesman .

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.
21. The names of the persons sworn as common jurors in manner aforesaid , shall As to newjury
for new cases.
be marked on the list ; and those names so drawn shall be kept apart by themselves
until all the names in the ballot box shall have been drawn : Provided always, that if
any case shall be brought on to be tried in the Court before the jury in any other case
shall 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 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 , 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, 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 an any case remains to be tried.
22. After the jury in any case shall have been sworn , or charged with any prisoner How jury when
sworn or charged
with any
they shall be kept in some convenient place in Court apart by themselves until the prisoner, to be
kept.
Chief Justice or other presiding Judge has summed up the evidence and has left the
case with the 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