Inability to read and write a good have previously tried, or been drawn to try any other issue, without their names being returned to the box and redrawn, or to order the name or names of any man or men 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 issue with the residue of such original jury, and with such man or men whose name or names shall be so drawn, and who shall appear and be approved as indifferent, and so toties quoties as long as any issue remains to be tried. (3.) It shall be a good cause of challenge of any person summoned to serve as a juror cause of challenge.in any court of criminal or civil jurisdiction in this Island that he is an illiterate person and unable to read and write. Challenges for the Crown-how to be dealt with. (4.) In all inquests taken in any court in this 1sland wherein the Queen is a party, howsoever it be, notwithstanding it be alleged by them that sue for the Queen of that the jurors of those inquests or some them be not indifferent for the Queen, yet such inquests shall not remain untaken for that cause, but if they that sue for the Peremptory chal-Queen will challenge any of those jurors, lenges by the pris- they shall assign of their challenge a cause oner in cases of felony or murder not to exceed twenty. certain and the truth of the same challenge shall be inquired of according to the custom of the court, and it shall be proceeded to the taking of the same inquisitions as it shall be found if the challenges be true or not, after the discretion of the court, and no person arraigned for murder or felony shall be admitted to any peremptory challenge above the number of twenty. hours, unless they (5.) If any person arraigned upon any In civil causes indictment or inquisition for any treason, jury not to be kept felony or piracy, shall challenge perempto- longer than twelve rily a greater number of the men returned ask for further time. to be of the jury than such person is entitled At the expiration by law so to challenge in any of the said of such time, the cases, every peremptory challenge beyond verdict of nine to the number allowed by law in any of the be taken as verdict of the jury. said cases shall be entirely void and the trial of such person shall proceed as if no such challenge had been made. make a solemn affir (6.) Upon the trial by jury of any civil Jurors refusing cause in the Court of Common Pleas, the from conscientious jury shall not be kept in deliberation motives to be sworn longer than six hours, unless at the end of to be permitted to that period they unanimously concur in mation or declaraapplying for further time, which in that tion. case shall be granted by the court; and if at the expiration of the six hours or such prolonged time for deliberation, nine of the said jury shall agree, the verdict agreed to by such nine may be returned as the verdict of the jury, and shall be taken and shall have the same force and effect as if found unanimously by the whole of the jury, any statute to the contrary notwithstanding: and during the said period they may be furnished with necessary refreshments by leave of the judge. (7.) If any person summoned or required to serve as a juror in any civil or criminal proceeding shall refuse or be unwilling, from alleged conscientious motives, to be sworn, it shall be lawful for the court or judge, or other presiding officer or person qualified to administer an oath to a juror, upon being satisfied of the sincerity of such objection to permit such person, instead of being Court may order in dispute. sworn, to make his solemn affirmation or declaration in the words following; "I A. B. do solemnly, sincerely, and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful; and I do also solemnly, sincerely, and truly affirm and declare" &c. Which solemn affirmation and declaration shall be of the same effect, and if untrue shall entail all the same consequences as if such person had taken an oath in the usual form; and whenever in any legal proceedings it is necessary or usual to state or allege that jurors have been sworn, it shall not be necessary to specify that any particular juror has made affirmation or declaration instead of oath, but it shall be sufficient to state that the jurors have been sworn or affirmed. Viewing locus in quo. any 11. It shall be lawful for such Court a view of any place as aforesaid to grant a rule, where it shall appear expedient to the Court that the jury should have a view of any place in dispute, and that two or more jurors, mutually agreed on between the parties, shall be shown the place in question by two persons to be appointed by the said Court: Provided that such viewers shall be first sworn to try the issue. Jury de mediatate linguæ. 12. Nothing herein contained shall exfor a jury de medi- tend or be construed to extend to deprive Aliens may pray atate linguæ. any alien indicted or impeached of any felony or misdemeanour of the right of being tried by a jury de mediatate linguæ, but on the prayer of every alien so indicted or impeached, the Provost-Marshal Act. Embracery. Embracery. How 13. Every person who shall be guilty of the offence of embracery, and every juror punished. who shall wilfully and corruptly consent thereto, shall and may be respectively proceeded against by indictment or information, and shall on conviction be punished by fine not exceeding fifty pounds, or imprisonment not exceeding twelve months, at the discretion of the Court. Provost Marshal. or other 14. If the Provost-Marshal, minister or officer, shall wilfully insert or omit in the Jurors' Book the name of any man which ought not to be inserted or omitted, according to the list of jurors hereinbefore directed to be made out and prepared as aforesaid by the respective Parochial Treasurers or shall fail to deliver a correct copy of the Jurors' Book to the Prothonotary or Clerk of the Court, as hereinbefore directed, or shall otherwise fail well and truly to do and perform all and every the acts, matters, and things hereby required to be by him performed, such Provost-Marshal Penalty on Proyost Marshal for breach of duty. or other minister or officer shall be liable to a penalty not exceeding twenty pounds, for every such default. Whenever any of the When process is said Courts respectively shall award any awarded against process against the said Provost-Marshal or Provost Marshal, his lawful deputy, or award any process in &c. Court to name some other person any cause, matter, or thing in which the to execute the same. said Provost-Marshal or his lawful deputy cannot act on account of his being related to the parties or any of them, or by reason of any good cause of challenge, in every such case it shall be lawful for the Court awarding any such process to name and appoint some other fit person to execute and return the same to whom the same shall be directed. Police Magistrates. Penalty on Police Magistrates, &c. 15. Any Police Magistrate, or other ministerial officer who shall wilfully neglect or for neglect, &c. of refuse the duties hereby enjoined in manthe duties prescrib- ner herein prescribed, or shall abuse the ed by this Act. authority hereby reposed in them respectively, shall be liable to a penalty for every such offence not exceeding fifty pounds. Penalties. 16. All offences and penalties under this Act, where not otherwise provided for, shall be prosecuted and recovered in a summary manner before a police magistrate, on the complaint of any person; and one half of each penalty shall be paid to the complainant, and the remainder into the Treasury for public uses. Repeal. 17. The several Acts mentioned in schedule B to this Act are hereby repealed, to the extent mentioned provided that; (1.) Any rule or order and any jury lists |