Cap. 9 Art. 613Where panel of foremen of jurors or panel of common jurors is exhausted.

(1) Where, owing to default of attendance, or by reason of challenges or exemptions, the whole panel of foremen of jurors is exhausted, it shall be lawful for the court either to adjourn the trial or to order that a ballot be drawn from the box containing the names of common jurors, in addition to the number prescribed in article 610(1) and (2), and to depute one of the jurors whose names are drawn to perform the duties of foreman of the jury.

(2) Where, for any of the reasons stated in sub-article (1), the panel of common jurors is exhausted, it shall be lawful for the court either to adjourn the trial or to appoint to act as juror any other person who may be present in the hall and whom the court considers qualified to act as juror; and such person may only be challenged for cause. The duties of foreman of the jury may also, if necessary, be delegated to any person so appointed.

(3) Nevertheless in any of the cases referred to in sub-articles

(1) and (2), it shall be lawful for the court, for the purpose of completing the jury and with a view to avoiding the adjournment of the trial, to permit the parties to withdraw one or more of the peremptory challenges made by them.