the-ordinances-of-the-legislative-counci-1890v2 — Page 364

954 [ 18 OF 1887. ) JURY CONSOLIDATION.

served in civil cases, and who shall have been summoned in
criminal cases so drawn , shall be locked up in a separate box
until all the names in the ballot box shall be exhausted by
subsequent panels , when all the names of the jurors on the
common jurors list shall be returned to the Common Jurors
Ballot Box, if required, for the purposes of the current year,
and in such case the names shall again be redrawn in manner
aforesaid. Provided always that whenever from any cause the
jurors drawn cannot be served it shall be lawful for the Regis
trar to re-open the ballot box , and draw fresh names therefrom
as often as inay be necessary to secure the full number of thirty
jurors at the criminal sessions.
Formation of
12. Whenever it shall be necessary to summon a special jury,
special jurors, such jury shall be drawn in the manner hereinbefore provided
[ No. 11 of
1864 , s. 17.] for obtaining a common jury with this exception that in civil
cases the number to be drawn from the ballot box in the first
instance shall be twenty -four, and in criminal cases twelvé.
Special jury
in civil suits.
13. If either the plaintiff or the defendant in any suit or
(No. 11 of action , shall be desirous of having such suit or action tried by
1864 , s. 17. )
a special jury, it shall be lawful for the Court or a Judge thereof
to order and appoint a special jury to be drawn by the Regis
trar in the manner herein before provided ; and in such cases
the parties shall appear before the Registrar on a day fixed by
him , and a Deputy Registrar shall then in presence of the said
Registrar and of the parties draw from the Special Jurors Ballot
Box the requisite number of names. The Registrar shall then
appoint a day for striking the said jury ; on the day so ap
pointed the parties shall attend and shall each alternately strike
off one name till the said list is reduced to twelve ; the names
of the twelve struck off' shall be replaced in the ballot box , and
the remaining twelve shall be the special jury panel . Provided
that the party applying for such special jury, and who shall
bave obtained a rule or order of the Court for that purpose,
shall , when the cause is set down in the general hearing list,
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 such Court or Judge to be of no effect.
Certain 14. In forming any panel the Registrar shall pass over the
names to be
passed over. names of all persons who aredead or absent from the Colony,
but shall return to the Special Jurors Ballot Box or Common
Jurors Ballot Bex ( as the case may require) the names of any
temporary absentees which may be drawn.
Summoning
juries.
15. The Registrar sball , before the sitting of any Court
( No. 11 of whereat either a common or special jury shall be necessary ,
1864 , s. 13 , issue summonses according to the form in the schedule B hereto,