No. II.
| An Act to amend an Act inti tuled " An Act | for |
" regulating the constitution of Juries for the tried "of Civil Issues in the Supreme Court of New
| " South Wales." | [3rd February, 1830.] |
| WH E R E A S by an Act of t h e Governor w i th the advice of t h e | Legis la t ive Council passed in t h e t e n t h | year | of t he re ign | of |
| H i s present Majesty in t i tu led " An Act for | regulating | the | constitution |
| " of Juries for the tried of Civil Issues in the Supreme | Court of New |
| " South | Wales'" | it is amongs t o ther t h i n g s provided and enacted Tha t |
n o t h i n g conta ined in t h e said Ac t shall ex tend to t h e qual i fying of any person convicted of any such infamous cr ime as thereinbefore s ta ted to serve on any j u r y t h e t e r m of whose sentence shall have expired a n d who subsequent ly to such first convict ion shal l have been convicted in th i s Colony of any such cr ime as aforesaid A n d whereas doubts have ar isen as to t h e t r u e in t en t a n d m e a n i n g of t he said provision a n d enac tment and it is expedient t h a t such doubts should be forth wi th removed Be it therefore enac ted by H i s Excel lency t h e Governor of N e w South W a l e s with t h e advice of t h e Legislat ive Council Tha t n o t h i n g conta ined in t he said reci ted Ac t shall ex tend or be const rued to ex tend to t he qualifying of any person to serve on a j u r y in t h e t r ia l of any civil issue in t h e Sup reme Cour t of N e w South W a l e s who e i ther while serving unde r a sentence passed upon h im in any p a r t of t h e Br i t i sh dominions or after t h e expi ra t ion or remission of such sentence shall have been convicted in N e w Sou th "Wales or in V a n D i e m e n ' s L a n d or any of t h e respective Dependencies thereof of any t reason felony or o ther infamous offence.
| l ists so produced should be proper ly verified Be it therefore enacted | Tha t before any such lists so p repared as aforesaid shal l be produced |
| 2. A n d whereas t h e | Super in t enden t s | of Police for | t h e | t ime- |
be ing in t h e Towns of Sydney and P a r r a m a t t a respectively a n d t h e Bench of Magis t ra tes in t h e Town of Liverpool are requi red by t h e said recited Act wi th in t h e first week in t he m o n t h of October in each year to p repare or cause to be p repa red l ists of all m e n of good fame a n d r epu t e wi thin the i r respective townships or dis tr icts l iable to serve on ju r ies se t t ing forth the i r residences t i t les a n d qualifications A n d whereas it is futher requi red by t h e said recited Ac t t h a t t h e said l ists so p repared should be produced by t h e respect ive Super in tenden t s of Police a n d Mag i s t r a t e s at P e t t y Sessions to be ho lden in t h e first week in November in every year A n d whereas it is expedient t h a t t he
| Police for t h e | t ime-be ing in t he Towns of Sydney | and | P a r r a m a t t a |
respectively and t h e Bench of Magi s t r a t e s in t h e Town of Liverpool or two or more of t h e said Magis t ra tes shal l respectively subscr ibe t h e said l ists wi th a declarat ion t h a t each such list conta ins to t h e best of t h e i r knowledge a n d belief the names of all persons l iable to serve on ju r i es in t h e district for which it is m a d e and qualified according to t he provisions of t h e said reci ted Act .
| 3. A n d be it fur ther enacted T h a t it shal l a n d m a y be | lawful |
for t he said Super in tenden t s of Police and Magis t ra tes w ho shal l have prepared and submi t t ed such l ists as aforesaid to assist and vote a t such P e t t y Sessions as 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 any such list or of any person whose n a m e may be proposed to be added there to Provided always T h a t if any
| quest ion should arise respect ing t h e s t r ik ing out or add ing of a | n a m e |
| t h e same shal l be decided by ballot . |
4 A n d be i t fur ther enacted Tha t after t he said l ists shall have
been finally sett led and approved in P e t t y Sessions in t he m a n n e r directed in t h e said reci ted A c t and in th i s Act as aforesaid a certifi cate shal l be subjoined to each such l ist and subscribed by the Super in t enden t a n d such other Magis t ra tes as m a y be t h e n present s t a t ing t h a t t he same has been carefully examined and corrected according to t h e best of the i r knowledge and belief or a t least according to t he best of t h e knowledge and belief of t he major pa r t of t h e m and t h a t all
| t h e persons t h e n n a m e d in such list are qualified to serve | on jur ies |
according to t h e provisions of th i s Ac t and of t he said reci ted Act .
| 5. A n d be it further enacted That all t he | Mag i s t r a t e s | of | t h e |
| respect ive dis tr icts | shall | he | specially s u m m o n e d | to | a t t e n d | t h e | said |
| Special P e t t y Sessions and if any Super in tenden t | of Police or o ther |
| Mag i s t r a t e after hav ing been so summoned | shal l 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 upon any quest ion t h a t shal l be p u t | every |
such Supe r in t enden t of Police or o ther Mag i s t r a t e so refusing or failing to vote or so neglect ing or failing to a t t end unless he can shew reasonable cause for h is absence shal l forfeit and pay for every such offence t h e sum of One Hundred P o u n d s which is t o be sued for in