the-ordinances-of-the-legislative-counci-1890v4 — Page 338

ORDINANCE No. 18 OF 1887. 2155


Jury Consolidation .


only excepted, and then in charge of an officer of the Court, until the

Judge has summed up the evidence, and has left the case with the jury.
Provided that in case and as often as the Court shall adjourn before the
case shall have been so left with the jury, then such jury may if the
Judge shall so direct , be removed in charge of an officer of the Court to
some convenient place there to take refreshment at their own expense and

rest until the Court shall reassemble, and such officer shall be sworn that
he will suffer none save himself to speak to or to communicate with them
without the express leave of the Judge. If after the case shall have been
so left to the jury, and such jury shall desire to withdraw for the purpose
of considering their verdict, then they shall be kept by such officer of the
Court in some convenient place apart by themselves, but they shall be
allowed reasonable refreshment at their own expense with power also to

retire alone only for personal purposes, until they are agreed upon their
verdict, or be discharged therefrom by the Court ; and the officer shall be
sworn that he will suffer none to have access to them, or speak to them
himself except to ask whether they are agreed upon their verdict or to
communicate between them and the Court. Provided always that it shall
be in the discretion of the Judge in all cases to dispense with any of the
foregoing provisions , and in the event of any adjournment to direct thejury
to be removed to some convenient place in the vicinity of the Court during
such adjournment under the charge of the proper officer of the Court or
to allow the jury to separate for such time and subject to such conditions
as to the Judge may seem fit.
20. The names of the persons drawn as jurors shall be marked on As to new
jury for new
the list provided for in section 16 ; and the cards with such names shall cases.
[No. 11 of
be kept apart by themselves until all the cards in the box shall have been 1864, s. 21. ]
drawn. Provided always , that if any case shall be brought on to be tried
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, or accused , 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