No. XVII.
An Act to provide for Trial by J u r y at Courts of
| Quarter Sessions to be held at Berrima. | [8th |
| October, 1839.] |
| WH E R E A S | Legislat ive | Council | passed | in t h e t h i r d year of t h e re ign | of |
| by a cer ta in Ac t or Ord inance of t h e Governor | and |
| H i s | la te | Majesty | K i n g | Wi l l i am | t h e | F o u r t h | in t i tu led | "An | Act | to |
| " consolidate and amend the Laws for the transportation | and | punish- |
| " ment of Offenders in Neic South Wales and for defining the | respective |
| "powers | and authorities of General Quarter | Sessions and of | Petty |
| " Sessions and for determining | the places at which the same shall be |
| " holden | and | for | belter | regulating | the | summary | jurisdiction | of |
| " Justices of the Peace and for repealing certain Jaws and | Ordinances |
" relating thereto" it was a m o n g o ther t h ings enacted T h a t Cour ts of General Qua r t e r Sessions for t h e Colony of New South Wales should be held a t Sydney P a r r a m a t t a Campbel l town Windso r Ma i t l and a n d Ba thu r s t and a t such o ther places wi th in t h e said Colony and a t such t imes as t he Governor for t he t ime being should by any Proc lamat ion duly issued for such purpose appoin t and at no o the r place whatsoever and whereas H i s Excel lency the Governor h a t h in pu r suance of t h e said reci ted A c t issued his Proc lamat ion whereby t h e town of Be r r ima is appoin ted a place at which Cour t s of Genera l Q u a r t e r Sessions shal l be held and whereas it is necessary to provide for t h e t r i a l of cr imes offences and misdemeanors cognizable in t he said Cour t s of Qua r t e r Sessions by jur ies in l ike m a n n e r as by an Ac t of t h e Governor and Council passed in t he second year of t h e re ign of H i s la te Majesty K i n g W i l l i a m the F o u r t h in t i tu led " An Act for regulating the
| " constitution of Juries and for the Trial of Issues in certain | cases |
| " in the Supreme | Court of New South Wales " as also by another A c t |
| passed in t h e four th year of t h e re ign of H i s said la te Majesty | in t i tu led |
| " An Act to continue for a, limited time an Act of the Governor | and |
1 An Act for
| " Council of New South Wales intituled | regulating |
" the constitution of Juries and for the Trial of Issues in certain cases " in the Supreme Court of New South Wales " and as t he same a r e respectively cont inued by an A c t passed in t he first year of t h e r e ign of H e r present Majesty Queen Victor ia in t i tu led "An Act
| "further | to continue for a limited time an Act intituled | 'An | Act |
| " 'for regulating the constitution of Juries and for the Trial of | " ' Issues in certain cases in the Supreme Court of New South Wales'1 " |
| is directed wi th respect to t h e t r i a l of issues jo ined on c r imina l informat ions in t h e Supreme Cour t Be i t therefore enacted Tha t al l cr imes offences and misdemeanors which shal l be prosecuted in t h e said Cour ts of Q u a r t e r Sessions to be he ld a t Ber r ima shall unde r t he l ike provisions as are by the said last reci ted Acts made respect ing t he t r ia ls of issues a r ra igned before t h e Supreme Cour t be t r ied by a j u r y |
| of twelve i nhab i t an t s of t he said Colony who shall be subject to | such | |
| and t h e l ike rules regula t ions and provisions as to the i r qualifications exempt ions and disqualifications as are in t h e said last recited Ac t s m a d e and provided wi th respect to ju r ies for t h e t r ia l of issues jo ined |
| on informat ions exhibi ted in t he said Supreme Cour t | Provided | |
| however t h a t no th ing herein contained shal l r e s t ra in or in any m a n n e r interfere wi th t h e power and au tho r i t y by law vested in the said |
| Cour t s of Q u a r t e r Sessions to t a k e cognizance in a s u m m a r y way of | |
| crimes misdemeanors and other offences no t pun ishab le w i th dea th which have been or shall be commi t t ed by t ranspor ted felons or o ther offenders whose sentences have no t expi red or been remi t ted . |
| 2. A n d be it | enac ted Tha t every m a n who shall reside w i th in |
t h e dis tance of sixty miles from t h e said town of B e r r i m a and w ho shall be qualified as in t he said last recited Acts is directed wi th respect to ju r ies for t he t r i a l of issues jo ined in t he Supreme Cour t shal l be l iable to serve on ju r ies for t h e t r i a l of crimes offences and misdemeanors in t h e said Cour ts of Q u a r t e r Sessions Provided how ever t h a t no person res iding wi th in t he county of Cumber l and or distr ict of I l l awar ra shall be liable to serve on any such jur ies .
| 3. A n d be i t enacted Tha t t h e Jus t i ces in t he Pe t ty | Sessions |
which shall be holden at t he said town of Be r r ima or a t any o ther t o w n or place wi th in t h e dis tance of s ixty miles from the said town of Be r r ima where Pe t ty Sessions are now or shall hereafter be held except ing as aforesaid shall w i th in t he first week of t he m o n t h of J a n u a r y in t h e n e x t and in every succeeding year p repare or cause to be prepared l is ts of all m e n wi th in the i r respect ive townships or
d is t r ic ts
distr icts l iable to serve on t h e said ju r ies se t t ing forth the i r chr i s t ian and su rnames residences t i t les addit ions and qualifications according to t he form annexed to th i s A c t and t h e said Jus t i ces or any two or m o r e of t h e m shall respectively subscribe t h e said l ists w i th a declara t ion t h a t each such list contains to t h e best of the i r knowledge a n d belief t h e names of all persons l iable to serve on juries in t he distr ict for which i t is m a d e and qualified according to t h e provisions of t h e said reci ted Acts .
| 4 . | A n d | be i t | enacted | Tha t | t h e | Police Mag i s t r a t e for | t h e said |
t o w n of B e r r i m a or for any o the r t o w n or place where P e t t y Sessions shal l be held as aforesaid shall cause copies of t h e said l ists which shall be m a d e out as aforesaid to be wi th in th ree days after t h e same shall be prepared affixed to t h e pr inc ipa l doors of t h e Cour t -house and also to t h e pr inc ipa l door of every publ ic place of rel igious worship wi th in t h e said towns or places respectively wi th a not ice signed wi th his n a m e t h a t t h e Jus t i ces of t he Peace for t h e said towns or places will hear a t t h e t h e n nex t P e t t y Sessions directed to be held for t h a t purpose as
| hereinaf ter ment ioned all objections to t h e said l ists | Provided a lways |
t h a t t h e said Police Mag i s t r a t e shall keep the or iginal lists or copies of t h e same to which t h e i nhab i t an t s of t he said towns or places shal l have access a t any reasonable t ime wi th in four teen days after t h e date of such not ice wi thou t fee in order t h a t due not ice may be given of names improper ly omit ted or inser ted.
| 5. A n d be i t enacted | Tha t Special P e t t y Sessions shall be held |
| in | t h e | t h i r d | week | of the | m o n t h | of | J a n u a r y | in t he n e x t and every |
succeeding year in t h e said towns or places at wh ich t h e said Jus t i ces respectively shal l a t t end and produce the lists so prepared and verified as aforesaid A n d the reupon t h e said Jus t i ces so assembled shall examine such lists seriatim and shall s t r ike ou t of such lists t he names of all persons no t l iable to serve or disqualified from serving as j u r o r s a n d also of such as are disabled by lunacy or inabi l i ty of m i n d deaf ness b l indness or other p e r m a n e n t infirmity and shall inser t all n ames improper ly omi t t ed a n d correct all errors and mis takes in such l ists a n d finally set t le t h e same A n d the said l ists w h e n so sett led shall be final aad shall cont inue in force u n t i l t he j u r y list for t he year nex t ensu ing shal l be made out and t r ansmi t t ed to t h e Sheriff as herein after directed.
6. A n d be i t enacted Tha t i t shal l and m a y be lawful for the said Jus t i ces who shall have prepared and submi t t ed such lists as
aforesaid to assist a n d vote a t such P e t t y Sessions aforesaid upon all
| quest ions which m a y be p u t respec t ing t h e charac ter | qualification |
disqualification or exempt ion of every person n a m e d in a n y such l ist or of any person whose n a m e m a y be proposed to be added thereto Provided always t h a t if any ques t ion should arise respec t ing the s t r ik ing out or add ing of a n a m e the same shal l be decided by ballot .
| 7. A n d be i t enacted | T h a t after t h e said l ists shall have been |
finally sett led and approved in P e t t y Sessions in m a n n e r as aforesaid directed a certificate shal l be subjoined to each such list and sub scribed by such Jus t i ces as m a y be t he r e present s t a t ing t h a t the same has been carefully examined and corrected according to the best of t h e knowledge and belief of t h e major pa r t of t h e m and that all persons t hen n a m e d in such lists a re qualified to serve on jur ies according to t he provisions of th is Act .
8. A n d be i t enacted Tha t the said Police Magis t ra tes for the
town of B e r r i m a and such other towns or places as aforesaid shall
cause all t h e Magi s t r a t e s of the i r distr icts respectively to be specially
| s u m m o n e d to a t t end the said Special P e t t y Sessions | and | the | Jus t ices |
| t he r e assembled shall sit de die in diem | un t i l t he j u r y lists shal l be |
| set t led as hereinbefore | directed | A n d if any Mag i s t r a t e after | having |
been so summoned shall neglect or fail to a t t end a t any such Special P e t t y Sessions or if a t t end ing shal l refuse or fail to vote accordingly u p o n any quest ion t h a t shal l be p u t every such Mag i s t r a t e so refusing or failing to vote or so neglec t ing or fail ing to a t t end unless he can shew reasonable cause shal l forfeit a n d pay for every such offence t h e
| s u m | of twen ty | pounds to be sued for in t h e n a m e of t h e | A t to rney |
| Genera l and t o be appropr ia ted in t h e same m a n n e r | as al l | fines | and |
forfeitures levied unde r th i s Act a n d t h e Clerks of t he P e t t y Sessions respectively shall no t e t he names of al l such Magis t r a t e s as shall a t t e n d t h e said Special Sessions and as shal l be absent from t h e same
| from day to day a n d a t t h e close of t h e said Sessions shall t r ansmi t | a |
| certified | l is t thereof | to t h e | A t t o r n e y | General . |
| 9. A n d | be i t enacted T h a t as soon as t h e said l is ts shal l be |
| set t led as aforesaid t h e same shall be immedia te ly | t r ansmi t t ed | by | the |
| said Jus t i ces to t h e Sheriff | and t h e Sheriff | u p o n | receiv ing | such | l ists |
shal l w i t h i n t en days after t h e receipt thereof cause to be t ranscr ibed fairly in a book to be kep t in his office or t h e office of h is depu ty for such purpose a n d to be styled " The J u r o r s ' B o o k " for t h e said dis t r ic t t h e names of all such persons conta ined in such lists re spectively wi th t h e addi t ions of the i r respect ive residences t i t les a n d
| qualifications in a lphabet ica l order beg inn ing unde r each le t te r of | t h e |
| a lphabet | w i t h | t h e | s u r n a m e | of | each | person | a n d | such j u ro r s ' | book |
| shal l t h e r e u p o n be | and | con t inue in force | un t i l t h e j u r y | lists | for | t h e |
| year ensu ing shal l be t ranscr ibed | by t h e Sheriff | in to t h e j u r o r s ' | book. |
| 10. A n d be i t enac ted T h a t a t r u e a n d faithful | copy | of | such |
t
j u r o r s ' book shall be m a d e by t h e said Sheriff as soon as convenient ly m a y be and shall be delivered u p o n oa th by t h e said Sheriff to t h e Clerk of t he Peace for t h e said Cour t s of Q u a r t e r Sessions in order t h a t t h e same m a y be referred to in t h e said Cour t s a t t h e t r ia l of any
| 1 1 . | A n d be it enac ted Tha t i t shal l be lawful for t h e | C h a i r m a n |
| " of t h e Genera l Q u a r t e r Sessions for t he said | dis t r ic t and | he is hereby |
requi red full four teen days before t h e t ime appointed for ho ld ing such Cour t t o issue a precept u n d e r his h a n d and seal t o t h e Sheriff of N e w Sou th W a l e s or his depu ty r equ i r ing h i m to s u m m o n so m a n y j u r o r s
| to a t t end t h e said Cour t at such t i m e | and | place as shal l be the re in |
men t ioned a n d appoin ted a n d such precept shal l no t r equ i re more t h a n twenty-four no r less t h a n e ighteen persons du ly qualified to
| serve as j u ro r s to a t t end t h e said Cour t a t | any one Session thereof. |
| 12 . A n d be i t enacted Tha t t h e said Sheriff | or h is depu ty shal l |
| u p o n receiving any such precept as aforesaid s u m m o n so m a n y | persons |
| duly qualified to serve as j u r o r s t o a t t end | t h e said Cour t of | Genera l |
Q u a r t e r Sessions a t such t ime a n d place as shal l be specified in such precept and as hereinafter provided t h a t is to say all persons duly qualified by law to serve as j u r o r s who shal l reside w i t h i n t h e dis tance of s ixty miles from the said town except as aforesaid shal l be sum moned to a t t end the said Cour t of Genera l Qua r t e r Sessions to be holden a t Be r r ima according to t he order in which the i r names shal l
| be | t ranscr ibed | and placed in t he j u r o r s ' book for t h e said | distr ict |
| a n d every such | s u m m o n s | shal l | be in wr i t i ng a n d | signed | by the said |
Sheriff or his deputy to t h e following effect—
| " M r . A . B . | naminq the | juror) |
| " Y o u are hereby requi red to appear as a j u r o r a t t h e Cour t | of |
| " Genera l | Q u a r t e r | Sessions to be held a t Ber r ima | on | t h e |
" clay of nex t and the re to a t t e n d " from day to day un t i l you shall be discharged by t h e " said Cour t .
| " | (Signed) | C. D . Sheriff or D e p u t y | Sheriff" |
A n d
A n d t h e said summons shal l he served personal ly upon or left a t t he places of abode of t he said j u ro r s respectively full six days before t he i r a t t endance shall be requi red as aforesaid.
13 . A n d be i t enac ted Tha t if any person being du ly sum
| moned as a j u r o r to a t t end t h e said Cour t of Quar t e r Sessions shal l m a k e default and fail to a t t end | t h e same such person shall | on proof |
| u p o n | oa th of be ing duly summoned forfeit | a s u m n o t exceeding | t en |
| pounds | a t t h e discretion of t h e Jus t i ces | s i t t ing | in t h e said Cour t | to |
| be recovered | levied | and appropr ia ted in such and t h e l ike m a n n e r | as |
| o ther fines a n d forfeitures | imposed a n d incur red a t Cour t s of | Genera l |
| Q u a r t e r | Sessions | are or shal l be recovered levied and appropr ia ted |
| unless some j u s t cause for such defaul ter 's absence shal l be made | to |
| appear b y oath or affidavit to such Cour t as aforesaid. |
| 14. A n d be i t enacted | T h a t | all such a n d t h e l ike | forms |
ru les regu la t ions and provisions shal l be adopted observed and followed in d rawing t h e names of j u r o r s for t he t r ia l of issues in
| t h e | said Cour t of Q u a r t e r | Sessions | and in p r a y i n g | and al lowing | a |
| ta les t o m a k e u p a full | j u r y and such and the l ike ra tes of compensa |
| t ion shal l be allowed a n d paid t o j u r o r s | a t t end ing | t h e said | Cour t | as |
| are m a d e | a n d provided in l ike cases w i th | respect to t h e t r ia l | of ac t ions |
| a t law in t h e Supreme Cour t by t h e said | reci ted | A c t passed | in t h e |
| second | year | of t he reign | of H i s l a te Majesty | K i n g | W i l l i a m t h e |
| F o u r t h . |
| 15 . A n d be i t enacted T h a t | any Sheriff | or D e p u t y | Sheriff |
Ju s t i ce of t h e Peace or Clerk of t h e Peace or any o ther minis ter or officer who shall refuse neglect or fail t o do and perform all a n d every t h e acts m a t t e r s a n d th ings hereby requi red to be by h i m or t h e m
| respect ively | done a n d performed | and if any person shal l be gui l ty of |
| t h e offence of co r rup t ing | influencing | or a t t e m p t i n g | to influence any |
such j u r o r or any such j u r o r shal l consent the re to every such person so offending shall incur and become liable to such and t h e l ike fines forfeitures a n d penal t ies to be recovered levied enforced a n d applied
| in such a n d t h e l ike form a n d m a n n e r | as in and by the said | recited |
| Acts a re provided and directed in l ike cases wi th | respect | to t h e t r ia l |
| of act ions a t law in t h e Supreme | Cour t . |
| F O R M | O F R E T U R N | O R L I S T | R E F E R R E D | TO. |
| L I S T of all Men within the District or Township of | liable to serve on Jur ics . |
| District or Place in Towns | Christian and Surnames | Title Quality | Nature of Qualification. |
| add the name of the Street. | at full length. | Calling or Business. |
Freehold one hundred
| Berrima | Street | Adams John | Esquire | -j | pounds per annum. |
Four hundred pounds of
| Goulburn | Bowles James | Grocer | personal estate. |
| A. B . | . | J . P . |
| C. D. | J . P . |