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Approval of grand jury may be traversed.
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5. Any person entitled to appear on the inquiry before the grand jury may, in the case of their approval of the undertaking, traverse such approval, subject to and under the following regulations:—
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Such traverse shall be entered with the clerk of the Crown not later than twelve o’clock on the day following the approval of the grand jury;
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It shall be on either of the following grounds:—
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First. That the preliminaries required by law for the application to the grand jury have not been complied with;
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Second. That the construction of the undertaking according to the plan approved of by the grand jury would not be beneficial to the public;
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In case of a traverse on the first ground, same shall be disposed of by the judges of assize, or one of them, after hearing such evidence as may be adduced;
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In case of a traverse on the second ground, same shall be tried in all respects as issues joined in the Superior Courts of Common Law are or may be triable by law at such assizes;
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The judges of assize, or one of them, may, if it shall appear fit, direct such traverse to be tried by a special jury;
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In case more persons than one shall enter a traverse on the second ground, there shall be one trial of all such traverses, and the judge shall make such order as may seem fit for the conducting of such trial, and the appearance and intervention of the several traversers thereat;
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Every traverse under this Act shall be determined or tried at the same assizes at which it is entered; and in case the judge shall rule or the jury find in favour of such traverse, as the case may be, the approval of the grand jury shall be void and of no effect;
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Every traverse on the first ground shall be confined to the specific points mentioned by the traverser in his memorial lodged with the secretary of the grand jury, and the particular points of non-compliance complained of shall be also stated in such traverse.
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