No. 1. Ord. No. 3, 1853. Expense of for same. Writ of view not necessary. Deficiency of the Crown shall afterwards make out a list of the forty-eight names, and deliver a copy thereof to each party, who shall each strike thereout twelve names, and then return the said lists to the said Clerk of the Crown; and after the lists of jurors shall be so reduced, a writ of venire facias shall be issued from the aforesaid Court, directed to the Provost Marshal or his deputy as aforesaid, to summon the twenty-four persons whose names remain in such reduced list, and the said Marshal shall then proceed to summon the said Jurors in the same and the like manner as is already herein directed to be observed, in the summoning of jurors to serve in the said Court. XXIV. That the person or party who shall apply for a special jury, shall pay the fees for striking such jury, and all the expenses occasioned by the trial of the cause by the same, and shall not have any further or other allowance for the same, upon taxation of costs, than such person or party would be entitled unto, in case the cause had been tried by a common jury, unless the Judge before whom the cause is tried, immediately after the verdict, certify under his hand, upon the back of the record, that the same was a cause proper to be tried by a special jury. XXV. That in cases depending in any of the said Courts aforesaid, where' a view shall be applied for and allowed, by any such Court, a writ of view shall not be necessary nor used, but whether such view is to be had by a common or a special jury, it shall be sufficient to obtain a Rule of Court or a Judge's order, directing such view to be had, and the subsequent proceedings shall be the same as the proceedings heretofore had under a writ of view; and the Provost Marshal shall, upon request, deliver to either party the names of the viewers, and also give their names to the clerk of the Court, that they may be called as jurymen upon the trial. XXVI. That upon the trial of any issue, civil or criminal, in any of the said Courts, the same and the like challenges of jurors shall be allowed as would be allowed by the common and statute law of England, upon the trial of a like issue in Her Majesty's Courts of Queen's Bench and Common Pleas at Westminster; and further, that the want of qualification under this Ordinance shall also be a good cause of challenge. XXVII. That when a full jury shall not appear before any of the said Courts, or when after appearance of a full jury, by challenge of any of the parties the jury is likely to remain untaken from the default of jurors, every such Court upon request made for the Queen by any one thereto authorized or assigned by the Court, or on request made by the parties plaintiff or demandant, defendant or tenant, or their respective attorneys in any action or suit whether civil or criminal, shall name and appoint as often as need shall require, so many of such other able and qualified men, then present at the said Court or to be elsewhere found in the Island of Grand Turk, as shall make up a full jury; and shall add and annex the names of such men duly qualified as shall be present or can be found as aforesaid to the former panel; and the Queen by any one so authorized or assigned as aforesaid, and all and every the parties aforesaid, shall and may in each of the cases aforesaid, have their respective challenges to the jurors so added and annexed, and the Court shall proceed to the trial of every such issue with those jurors who were before empanelled, together with the talesmen so newly added and annexed, as if all the said jurors had been returned upon the original writ of venire facias. No. 1. Ord. No. 3, 1853. Penalty for XXVIII. That if any man, having been duly summoned to attend on any kind of jury, in any of the said Courts, shall not attend in pursuance of such summons, or being thrice called shall not answer to his name, or if any such man or any talesman after nonattendance having been called, shall be present but not appear, or after his of Jurors. appearance, shall wilfully withdraw himself from the presence of the Court, the Court shall set such fine upon every such man or talesman so making default (unless some reasonable excuse shall be proved by oath or affidavit) as the Court shall think meet; Provided always, that the said fine shall in no case, for any one offence, exceed the sum of Five pounds. XXIX. That nothing in this Ordinance contained shall extend, Jury de or be construed to extend, to deprive any alien indicted or im- medietate peached of any felony or misdemeanour, in any of the before-men- linguæ. tioned Courts, of the right of being tried by a jury de medietate linguæ, but that on the prayer of every such alien so indicted or impeached, the Provost Marshal or other proper officer shall, by command of the Court, return for one half of the jury a competent number of aliens, if so many there be in the aforesaid islands of Grand Turk and Salt Cay, and if not, then so many aliens as shall be found in the said islands; and that no such alien juror shall be liable to be challenged for want of freehold or of any other qualification required by this Ordinance, but every such alien may be challenged for any other cause in like manner as if he were qualified by this Ordinance. XXX. And whereas, the prosecution of criminal offences by in-. Proceedings dictment, is attended with great uncertainty, from the absence of by indictment knowledge, on the part of juries of the particular facts of the dif- abolished, ferent cases which are submitted by bills of indictment for their consideration, and the facility which is thereby afforded to unwilling witnesses to withhold material points of evidence; and the mode of proceeding by such bills of indictment before juries, is attended with other inconveniences and disadvantages, which materially interfere with the due administration of criminal justice, and tend to facilitate the escape of offenders, for remedy whereof, be it therefore further ordained, that no procedure by indictment in criminal cases shall be, and the same is hereby abolished. for summary adjudication forwarded to the Queen's Advocate. XXXI. That all examinations, informations, bailments, and re- Informations cognizances, taken by any Justice or Justices of the Peace for any not intended island or district of this colony, relative to any criminal offence whatsoever, in which such Justice or Justices shall not exercise the power of summary adjudication, invested in them by any Act or Acts of Assembly, shall, whenever such Justice or Justices have decided on sending the case for trial, be returned and delivered by such Justice or Justices to the office of the Queen's Advocate at Grand Turk, who shall proceed against and prosecute the person or persons charged and accused in such examinations and informations, or such of them as the Queen's Advocate may not deem expedient to admit as approvers by information, according to the form to the Schedule to this Ordinance annexed marked C. XXXII. That every such information as last aforesaid, shall be Mode of exhibited in open Court by the Queen's Advocate, or some duly procedure. qualified Counsel, authorized by him in that behalf, and shall No. 1. Ord. No. 3, 1853. Remuneration for Jurors thereupon be filed as a record in the office of the Clerk of the Crown, at Grand Turk; and the trial of the person or persons, charged in every such information, shall then proceed in the same and the like manner, and shall be subject in all respects to the same and the like incidents, as a trial by indictment after bill of indictment found by a grand jury was formerly proceeded with and subject to, except so far as the mode of conducting such trial, and the law relative thereto, is altered by this Ordinance. XXXIII. That in lieu of all other charges, the jurors summoned in attendance from Salt Cay at the Court at Grand Turk, from Salt Cay. shall each be paid the sum of six shillings and threepence per diem, (whilst in attendance,) upon a certificate from the Judge of the said Court; when it shall be lawful for the President to issue a warrant for the payment of the same. Explanation of terms. Two-thirds of a Jury may find a verdict. Verdict of not proven. Penalty for neglect of the Clerk of the Crown to furnish Precept. XXXIV. That the word "misdemeanour” as used in the third section of the Act of the fourth year of King William the Fourth, entitled, "An Act for improving the administration of criminal justice in these islands, for suspending certain Acts therein mentioned, and for other purposes," shall be construed to apply to, and comprehend, all offences below the degree of felony, for which, previous to the commencement of the said Act, an indictment could have been preferred at common law or by statute, either at the instance of the Crown, or of a private prosecutor; and it shall be the duty of every Justice of the peace, within his district, to receive informations, and take examinations and affidavits, in all such cases as aforesaid, and to proceed therein as directed by the said recited section of the said Act. XXXV. That in all criminal cases, other than cases in which the penalty of death is affixed by law to the offence, and in all civil cases, the verdict may be found, given, and returned by two-thirds of the jury, empanelled to try the issue or issues joined in any such criminal or civil case, and any verdict so found, given, and returned, shall have the same force, validity, and effect as if the same was found, given, and returned by the unanimous voice of such jury, any law, usage, or custom to the contrary notwithstanding. XXXVI. That whenever the jury, empanelled to try any person or persons charged with any felony or misdemeanour, shall not be satisfied of the innocence of the party or parties accused, but shall at the same time consider the evidence produced on the part of the Crown as insufficient to authorize the conviction of such party or parties, then, and in every such case, it shall be lawful for such jury to return a verdict of "not proven," which verdict shall have the same and the like legal effect as a verdict of not guilty. XXXVII. That if the Clerk of the Crown shall neglect or refuse to deliver to either of the persons appointed under this Ordinance the precept herein before directed, within the time hereinbefore limited, or shall neglect or refuse to make up the jurors' book, as hereinbefore directed, any such Clerk of the Crown so offending, shall for every such offence, forfeit the sum of Twenty-five pounds, to be recovered in the Court aforesaid, by action of debt, bill, plaint, or information, wherein no protection or wager of law shall be allowed, and when recovered, the same shall be paid into the public treasury of these islands, and applied towards defraying the contingent expenses of this government. No. 1. XXXVIII. That all penalties and forfeitures, levied under the authority of this Ordinance, shall be paid into the public treasury Ord. No. 3, of these islands in aid of the general revenue. 1853. XXXIX. That if any suit or action shall be prosecuted against Persons sued any person for anything done in pursuance of this Ordinance, under this such person may plead the general issue, and give this Ordinance Ordinance. and the special matter in evidence, at any trial to be had thereupon; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue his action, after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover double costs, and have the like remedy for the same as any defendant hath by law in other cases. XL. Provided always, That nothing herein contained shall ex- Power of tend or be construed to extend to alter, abridge, or affect any power or authority which any Court or Judge now hath, practice or form in regard to trials by jury, jury process, juries or jurors, except in those cases only where any such power or authority, practice or form, is repealed or altered by this Ordinance, or is or shall be inconsistent with any of the provisions thereof. or any Court not abridged as to Juries. Bahama Acts XLI. That notwithstanding anything to the contrary in this Ordinance contained, the following Acts of the Bahama Legisla- Repealed. ture, at present in force within these islands-to wit: 4th William 4, ch. 13, entitled an Act for the regulation of juries. 8th Victoria, ch. 18, entitled an Act to amend an Act entitled an Act for the regulation of juries. 11th Victoria, ch. 20, entitled an Act to amend an Act entitled an Act for the regulation of juries. 11th Victoria, ch. 21, entitled an Act for the better regulation of trial by jury— shall be, and the same are declared to be and remain in full force and effect, until after the session of the Supreme Court of these islands to be holden on the third Tuesday in August, which shall be in the year One thousand eight hundred and fifty-four; and that from and after the close of the said session of the Supreme Court, the said recited Acts shall be, and the same are hereby declared to be, repealed. XLII. Provided however, and be it further ordained by the authority aforesaid, That this Ordinance and every clause, matter, and thing therein contained, and each and every part and all parts of the same, may be repealed, suspended, amended, or otherwise altered, by any other Ordinance or Ordinances to be hereafter passed, in and during the same present session of the Legislative Council, any law, rule, usage, or practice of the said Council, to the contrary notwithstanding. This Ordinance may be repealed during this Session. You are hereby required and commanded to make out and prepare an alphabetical list of the names of persons qualified and liable to serve as jurors residing in the island of 1853. and in such list you are to include the names of all persons so No. 1. qualified and liable to serve as aforesaid, stating the christian name Ord. No. 3, and surname of every such person in writing at full length, and the nature of the qualification of such person, in the manner set forth in the form herewith sent you, and such list you are to have ready, and send the same to the Justices of before the second Tuesday in July next. And you are also required on receiving the said list from the Justices aforesaid, forthwith to cause copies thereof to be made and copies thereof to be affixed to conspicuous places at on or aforesaid, keeping a copy thereof for public inspection; and such list you are again to lay before the said Justices at their quarterly meeting in the month of October next, to be by them transmitted to the Clerk of the Crown of these islands. Witness my hand and the Seal of the Supreme [L.S.] of day A.D. 18 Clerk of the Crown. IN the Supreme Court (or other Court as the case may be) of the Turks and Caicos Islands. GRAND TURK. Be it remembered that A. B. Esquire, Advocate for our Sovereign Lady the Queen, for the said islands, (or Clerk of the Crown as the case may be) who for our said Lady the Queen prosecutes in this behalf in his proper person, comes into the (here insert the title of the Court) of our said Lady the Queen for the said islands, before (here insert the proper description of the Judge or Judges) at (here insert the place where the Court is holden) on and for our said Lady the Queen gives the Court here to understand and be informed &c. (proceed to state the offence with the same certainty as in an indictment). In introducing averments instead of the words "and the jurors aforesaid, upon their oaths aforesaid, do further present" the words "and the said advocate of our said Lady the Queen (or Clerk of the Crown as the case may be) for our said Lady the Queen further gives the Court here to understand and be informed that "-must be used. |