the-ordinances-of-the-legislative-counci-1890v2 — Page 368

9.58 [18 of 1887.] JURY CONSOLIDATION .

No challenge 27. No person who shall be put upon his trial either for
except for
cause . treason, felony, or misdemeanour, shall be allowed to challenge
[ No. 11 of any of the jurors except for cause.
1864, s. 19. )
Talesman . 28. Whenever there shall be a deficiency of jurors, it shall
[ No. 11 of
1864, s. 20. ] be lawful for the Court. at the prayer of either of the parties in
the suit or action or of the prosecutor, prisoner or accused , to
put upon the jury so many good and lawful men of the by
standers or others who can be speedily procured , as shall be
sufficient to make up the full number thereof.
Remunera 29. The remuneration of special jurors in civil cases shall be
tion ofspecial ten dollars each for every trial. In criminal cases special jurors
(No. 8of 1872, shall not be entitled to any remuneration.
F. 3. )
Provided always
that the Judge upon the application for a special jury by the
prisoner or accused may order such special jury to be remune
rated as in civil cases and that such prisoner or accused deposit
with the Registrar or other officer of the Court a sum sufficient
to cover the expenses of such special jury ; otherwise such order
to be of no effect.
Non - attend 30. If any juror having been duly served with a summons,
ance of jurors. in accordance with the provisions in that behalf hereinbefore
1864, s.15. ] contained shall fail to attend, or being present shall not appear
when called, or after appearance shall withdraw himself without
the permission of the Judge, the Judge shall, unless some rea
sonable excuse be proved on oath or affidavit or otherwise to
his satisfaction, set upon the person so making default such fine ,
not exceeding the sum of one hundred dollars, as to the Judge
sball seem meet.
Fines levying.
( No. Il of 31. All fines imposed under the provisions of this ordinance
1864, ss . 6 shall be levied in such manner as the Court or any Judge
aud 7. ]
thereof may direct, and when levied shall be paid to the Regis
trar and accounted for by him to the Colonial Treasurer.
Inspection
by juu's .
32. On the trial of any civil or criminal case either party or
[ No. 3 of the prosecutor or prisoner accused or defendant shall be at
1865, s.31.] liberty to apply to the Court for a rule or order for the inspect
ion by the jury of any property the inspection of which may
be material to the proper determination of the proceedings in
question, and it shall be lawful for the Court if it think fit to
make such rule or order upon such terms as to adjournment,
costs and otherwise as such Court may direct.
Jurors in 33. In all enquiries into the idiotcy, lunacy or unsoundness
lunacy cases.. of mind of any person, any issue determinable by the verdict of
ajury shall be tried by a special or common jury as the Judge
may direct and such jury shall be constituted in the same man
per in all respects as to the number and qualification of the jury