Courts of Sessions Act 1837 (SA)

.!',::m annexed to this Act and t.he said Clerk fo the Magistrates or other

~ b o n OS persons to Le appointed during and on account of such vacancf .

P%- as ?foresaid shall subscribe the said list with a declaration that each such .

list \contains to the best of his lcl~owled~e and belief the namesyof all

?ers&s	liable $0 serve on Juries and cjualiiicd according to the prov,bionv of
- this AT.

Lists to be a 6 x d ][V. T4at the Jury Lsts so to 'oe prcparcd as aforesaid shalt within three

and to be open ro	dqi.b Gays afte?$he same shall be prepared be aMred to such conspicuous places
the	br in the Pro\ime as the SheriiF for the time being shall for that purpose

fourtcen days.	from time tqt i iao appoint together with a notice signed hy?the Clerk of the 3;agisuates oi. (during such vacancy a aforesaid) by such other person or persons so to lh appointed as aforesaid sating that the Justices of khe Peace ~f the Province rill hear a t a special sessions directed-to be held for that purpoSe as herein2ter msntionec2 all objections to the said lists: Provided
al~vnys that the s$id Clerk of.& AIa~istrates or (during such vacancy
aforesaid) such otheberson or pemons so to be appoinled as aforesaid shall keep.
the original lista a n d k i e s of the same ta which the inhabitants of the said .
Frovince ailall hxve aciress at any reasonable time' within fourteen days after ! tlie d a ~ s of such notice+%out fee in order that due notice may be given Z
- of names improperly ami$ed or inserted. ;

. A i

day of December,

,	s o n
J.is;:ces	tobe held J a n u a q in every
tLi2d	week ,of the Magistrates r h d l attend and

January to revise

lists. as aforesaid and thereupon the

such lists seriatim and skiail strllie ouI

o;' .,i.cil lists the names o i not liable to serve or ~l is~~al i f iecf from

by deafness biioduerr

oiniited and correct

c,, crrors and nlistnkcs in such ii& aiyl fillally settle the s'ltm; AILS the sic!,

k t s when so settled shall be final and sjlail continue in ib;.c= ior rhe cuncut

., J - C Z ~: Yrovitietf ;ilways that. i f any qdqstion shocld arise respecting t h ~

striking out or addiiig of a nqme tile. samd.@all be decided by ballot.

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CertificateoflistS. W. That 5fLcr the said li,ts have bcenkmll-j settled and approved h

special sess;orrs in the inamer directed in t h i ~ Act as aforesad a certificare ahal! be subjoined to each such list and subscribed by the Clerk of tht. itiagistrates or (during such vacancy in that ciiice as afoiwaid) by th

p m m ~ " OS ppersons so to bc aypointed as aforesaiA,and the Jlagistrates

present stating that the same has bee11 carefuiif examinecl dnd ,corr

according to tile best of their linowledge and belief of the major par

them and that rdl the persons t h m nalxcd in buch lis itre qualified to sen

+	..
G ,. on Juries accordirlg to the provisions of this Act. y . -4

ViT. That tllc Clerk of thc Mogistrntes or (during sue I i-ucancg as afo;~.' \.

J~wtices to be 'i

snmmoncd.	snicl) such other person or persons so to be specially .ip,,o+l,d	as af,)resat
sLLrll cause all the Magistrates of thc.Province reslclia, v	rhe . &C: U.

t i~irtj- miles of Adelaide to be specially surnmoue:i Lu artcnd , le ,a.. : ;p&

sessions and the said Xagistrates shall sit from aay to d~~\jla.. . 13 f r l:

-	lists shai3 be settied as hereinbefore direcied and if a n y iS1ag:str;	: uf;.;
having. 'been so summoned sllail neglect or £ail to attend t*o sessions or if attending dlall refuse or fail to vote q~lmtion' that. shall be put every such RIagis brat so

. .

voto or ' so neglecting or failing to attend unless he

'e. - cause shall forfeit ancl pay for every such oEence the"

. .. c,

~.. "

. bo sued for in thc name of the ddvocato-General

. . - . the ,same rumner: as all fines and forffeitures L I . . ,. ,. ., .. .. . . *

' n l - -

6,';,2 t ] lc said Xagistrates or (during sus

,: r30~~ or persoils SO to be appointeci a

,",,

su& vacancy shall note the names of a

:, tcilci ,lie said special ~esuious and as shall be ab

L e close of the said sessions sh

,

~,~.,?li' to. J1e Advocate-Gsneral. . .

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~ I I I. T,:,zt as sooa as the said lists shall be settled as aforesaid the l;iate to be

.,,, rhd l L& immediately transmitted by the said Justices to the Sheriff mittgd to

~

> S

, o !, ~ ~ ~ i l c Sheriq upon receiving such Lists shall within t1lree dys after

1j3t; receipt t h e p f. in each and every year cause to be tranicribed Balk.,, l;kr: Ju~ors ' Bob?<'' the names of all persons contained. in such lists

,,. ,, ,rtive[y with the a@tion of their respective residences titles a ~ c t '

,I,,: j i i ication~ in alphbetical order beginning under' each letter of the	,,:.,!,&t with the s u k p m e of each person and such J'urors' Book ~ 1 ~ ~ 1 1
r i ~. l. t ~ l ~ p o n	be and contihne in Grce for the current Fear- and until the J u r y

l!.:.; 101 ~ h c year nes t elkuing shall be transcribed by the Sheriff into the

, I, ,wr~ ' I300k. "\

',

[S. And to the end that 'all persons liable to serve o n any Such Juuies or wdt or

,,!blr:s:lid may bear an equal share of the g u b h duty imposed on them :-Be faei.rs. J ~ r o r s

!, ,',lrri~er enacted that as often i&, a writ of venirefaciag shall be delivered to be summoned in

SheriiF requiring him tosurnni~n J~l rors for the trial of any such issues as tURb

:L;;lre.zaid the Sheriff s h d l and he i$ hereby required to summon all persdns not. ..],g on the Special 5urylist as h'qrelnsftes provided whose names shall be l;,: cribed in such Ju ro~s ' Book accbrding to the order izr which such names

:,il,:!l ~ u c o e ~ s i v e i y b e placed until every .such person shall have bee* sum- ".

, in his turn: And in case any !&h person shall mnlie default every. v S

su,:tl	dcf~.ultcr s i d l be summoned n second time or oftcnur until he shal l
served for such default or defaults 'inncl such order shall be obser\-ed

3.,,.l.y ~ u x c e z d i n ~ year the SheriG names of the pdrsoiis

{ \, C last book who were last to such Juries as afara-

:,aid.

S. That it shall be iav::.IPul 10;. the said Cdprt from time to tillle'as and

lvllclr tile sitting! of the said Court shall be holckn to issue & general z.enir8

/ilctas far t h trial of all and every issue a:ld iusucs of fact joined as afore- ':.:lid and set d o n for trial by Jury in the said .Court: And the form of

such ucltire Jacias shali Le settled by the said Coi;rt and a t such tinre or

L n c s as the mid Cpurt shali direct and appoint: Provided alw.t.ays that the V<nir~ fe inr to

n:lli:cs of no more than thirty-sis nor less than tiv&ty-four persons duly inciude than twenty-four

f e w ~

cpdilied to serve as Jurors as ah-esaid shall bc include&in any such uenire .,, ,,,, than

/rrcias ancl that every such uenirc fasias shall be irsued to the Sheriff eight thirty-dr names.

'c!czrila$s before tile attendance of such Jurors shall be r e q ~ i r e d and that the

s d Jurors shall be severally suinmoned by the - said Sheiiff pr his :t-tyjer

oilices three clear dt1: :; before their attendance. shall he

G.;& - i- :nmons s h l l bi in writing a d signed by the Sheriff

..., . b -

the fohowing effect :- ". ., c ' . -

Mr. rl. B. [naming the Juror] you -. are ". hereby -. required to LpJear as a

Juror at.ihc Supreme Court in . * to be be hdd on the

. day of next and there to n ~ ~ e n d from day to day until

- *

YOU rbkdbc discharged by the said Court. * \

* . . -. - -

+ , . (Signkd) . C.'?.

. .-a. ..

Sheriff. ' '

mi the. summons be left a t the respective places of . . aboda'of .+

. ,-. the - - said

Jurors.

I , XL That

7c; ;~ ) ty on de- $1. Thzt if any person duly srrnmoned a Juror as aforesaid &hall make

E i h i t	dcr"i.dt or fail t o sttcni: the said Cou:-t (upon proof on oath of such person bein$\ duly summoned as afuresaiti; every such person shall forfeit a sarx ::at exceeding fifty po:~nds at t h e discretion of m y Judge ar Judges ~f the: ,sid Cou;.t to be levied and appropriated in like manner as a l other
L X; and! forfeitures under itis Act unleas some just cause for such da
f d t e r ' s ausmce shall be made to appear by oath or affidavit to the satisfacl
'iian of the! did Court, Y

Juricn to be d r a m XfI, ~ h s h ~ t the siltinn of the said Court for the trial of any such issue

by brllot	as aforesaid thy name iadcyition 2nd place of abode of each Juror sum- moned as aforesaid shdl be written on a separate piece of pqxr or card
a p ioto Y pyx aand when such issue i. calied on to be tried the Chief R " .
C:6il~ or other n2;nislerial oixcer of the Court shall in open Court draw

E	therefrom until twqve men appear wno are not objected to or'challenged
ancl. after the trial subb Lzlnes shall be returned to the box to be kept with the other undrawn na and toties quoties as long as any issue shall remain
= t o be tried.

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XIII. T h a t vhcr a c&+ appoin:ed to ba t r i d by s common J u r y shall

-a tocl . b

rraycd. x cziled on and a sufficient nutuber of J'crp~s summoned to attend such Coort s l d l not Le in a t tendbee it shall be competent to e i t im party to the czuse to pray z tales and tke Court or Judge msy then command the Slicriif or his depucy forthwith tq suiri~uon al; Inmy p o d and lawful men ,of th, Lj-staidcrs (being c,ualified 2;;d liable as Jurors as aforesaid) as shall be suCicient to make up a full J u ry for tile trial oi suck cause as aforesazd.

i

-hola ;o :.c pa:d . XiV. T h a t every 2ii:or who s!;a\l attend the said Court to try civil

for atte.tdarx,e m :>sues in pursuance of s ~ c h ssurnrnons ns aforesaid shall be eiltitled ioreceive

civil awes. ior every day during his atcendnncc upbn the said Court a con~yznsation for his orpenees at and after the ioiio\ving Jates (that is to say) for every Jury upon which suck Juror shall actually be calied and set the sum of one s h i l l i c~,

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XV. T i ~ a t ihe Chief Clerk of t ? ~ e Court orlother propcr officer s h d keep

i m o u n t of ,. t-

teadance to t ic an account of the numlcr of days each/, Juror shall bo called and

:-<?P a~sw~ler to swh call and duly attend the said Court and after the ex-

paidbytlieshcr'ff* piration of the time appointed by the Court@ the attendancc of such

Jurors rcspeciive'iy th, said Cierk or other proper officer shdl deliver to

every such Juror a short account or memorandurh in writing setting forth

t h e number of causes upon lvhich sricil Juror may h & ~ e been called and the

sum of money to which such Juror may be e tlzled and the said rrxmoiandurn shall be taken by such Juror to the yenif and the Sheriff shdi there;., m pay to rcch Juror the sum of money tou>tich Le may be en- titled as aforesaid: And in order the more redJlly to Fee t the crpmces iccident to the payment of Jurors and the general expence3,attaching to the 1:o:ding of the Supreme Court and the p a j c l e ~ t of its o!@era and other charges incident thereto :--Be it further enzctcd that there s b l l bc paid by i!ie party or 2uties who shall obtain a verciict in any cause trlqd by a com- :!.on J u r y afoxs~1d into the hands of the Chief Clerk or otiler &oper o%cw

o? the said Couri the scale of fees mentioned and set out in tiie J~hedulo to

iXs Act marlied -4. and such and the like sum slznll be allowcd to &+ch party or parties iz the taxation of costs an3 all sums of money so received, by the S - i d clerk or other officer of the said Court shall he pi l l over to the Theriff

xti the same together with all fines forfsitures levied under this Act

sr-~il form and be a fund for the liquidation of the payments aad expences aforr_.said and shall be paid by the Sheriff to the Colonial Treasurer half-

JCGi7. ,

XVT. That

(\

);ViI. Toat iu every case wherein a Jury sbsl! have been granted as AppJication fui

.:urcmd for the trial ui' any issue or issues if either pf the parties $aintiff Special Juries.,

or d c f d m t ~ l r d l makb. aypication to the Court stating his den~re t~ have

said issue or issue* tried by n S2ecial J u r y coqsr;icwed as is hereinafter'

iilu;c pr t lcuk~l ' ty described, h r t m trial of such issue or issues between the'

SVIII. That every m m diqcribe3 in the sal5 Juor's Bo3k a3 an &quire Qsditlcatian of

or p r m n of iligher clsgrce or'has a Justice pf tile Peace or as a merchant Spwal Juries+

(wx rnerchaat not kzcplng a general retai) shop) or as a Usnk d~rector or

I, ~ s ~ & n g real estate of the vduqo f f ive hundred pound^ or personal estate

o r rile vaiue of one tn~unand p o ~ n d, s d l be quaillied to serve an rjpeGal

Juries far tile triai of issues in che S+pre,m-: Court as aforesaid. '

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S I X. T m t ths SheriiF shdl viihin' ten days after he shnl! hnve received sb,dc to srcrais

the l~sis of J uriea from the ~t!qi= trirtes'extrcct fro111 the said iish the names spedai Jury l ists

-

U: all persons who shaL be quailtiedaaud i u b l e to serve on ;Special Juries and siiailcause tile~zarnessoextrautzti to be fctrriy a d truiycopied w ~ t in alphabetical

trn;er todettler witil zneir respctive places bE abode and ad&tions which list

sirill be cilied L.;. '' S2eclal Juror's ~ i s t " '?nd be subjoinzd to the J u r ~ r ' ~

C ~ u i an< the said Sheriii'shaii'prerix to eveiy,name in such list its proper

ndrnber beg!r.ning the numbers irom the S r ~ t ' ~ a m e and continuing them in

a redalar arith~netical series.'down to the last name. and shall cailse the ssid

scverai numbers to be wiltten upon distinct of parchment or card bcir~g ail as nearly as may be of equal size crnd after \all the said numbers shall I1iir.e uceu so written shaii put the same together in 4 separate drawer or box ant! ailall there safely keep the same to Le used fur the purpose hereinafter - .

rnci.mned.	'	',
\. \

);S. That ;henever the said Supreme eour t shsll hada~varded a Jury for. S?eeial Ju&r to

1\12 trioi of an j issue and e i h r pzrty plaintiiF or defsn0~at shsil require a be struck.

hpc ia i Jury the Chief Clerk or other o t h e r of the Suprem4Court shall ap-

; l i n t a r i m nnd place for the rtnliing of such,Speciai Jury and.the mid 0 6 o e r *

zt rLc t i m and place being a t t d e d by the Sheriff or his o%c~,rwho i; here- .

by required t6 bring with hiin the Special Juror's list and all the numbera so

written on ,iiiatinct pieces of parchment card or p a p r es aforads\id shall in

t!;s 2tcience of all the parties to the issuer to be tried and of therr attornies

(if ikey rdspectivcly choase to attend or if the parties or their ,

rjr any $ I them do not attend then in their absence) put all ~ b o r t o be by him providzd for that purpose and after having '+alien

i',,::n together shall draw out of the said bos twenty of the said numbe~f one

+

WLX the oilier and shall as each number is drawn refer to the correrpon\lind

a u y b o ~ .

". .

'$umber in the Special	7 7 -
,,til;iber and vhen S

so delivered shall be re

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. Specid Jury to be

for. XXf. That as sbon as any Spacial Jury shall be struck as aforesaid the. +

same shall \ severally summoned by the Sheriff or his o a c e r to attcnd the L

Supreme Couyhthe time appointed for the trial of such cause according tto

the form and anner hereinbefore directed for the summoning of common, ;

Zuries and the eriff shell on the clay appointed for the trial cl8livhf Zd" t b "

Chief Clerk or &$er proper oiiicsr of the Supreme Coru.t.the two aforesaid

reduced lists of Jufors together with the box horn which the numbem we=	,.
drawn and shall pu therein all the numbers comesponrling with the names

rijmaining ou the sal fl two reduced lists and the said oscer shall in open a

Cowt draw from the b\qx one number at a time and shall repeat aloud the corresponding name fro said lists until twelve,hen shall answer which

said twelve men being shall be deemed and taken to be the Qe-

cial Jury. #

\ 6

A raEco may be

. prayed. SSII. That when the c a u b sppoiclted to be tried by a Special Jury as

fores said shall be callcd on and a, sutlicient number of Jurors summoned to

attend such Court shall not be IQ attendanc,e it shall be competent to &lm	"
?arty to pray a tales and the q u r t may then command the Sheriff or his d e p t y forthwith to surnmon as man\ good and lawful men of the bystauders

as shall be suEcient to make up a trial of s,uch cause as afore-

said: Provided however that in no case allow such tales

unless at lea& GTLS of the Jwors trial of the,cause &odd '

$be	then in attendance at the Court..
y-67 r

fame ~pjpeci;~ iury. XAILI. Thqt tho any number of cases. in

t7 ~ 1 m m - which 1 ~ a awarded upon the partie$

ber o, cases on

any. tbmg in this Act

consent of prlrties.

contained to the contrary . .

Applieont for 3 XXIV. That the person or

Special J l l r ~ to trid of ens civil issus shdi

pay the fees and

expences. pences occasioned by the

Surther allowance for the same upon such party or per-

son would be entitled to in case the tt cornman Jury '

as hereinbefore directsu unless the immediately after the	.;	4
proper to be tried bj:	3

Ptv ent of Spe- XXV. That every Special ~ u n v for the trial of issue aa:

d&c.. dor~4~aid shall, be allowed the sum of one guinea and in

shdl be directed such further snm shall be taxed or

Judge as hereinbefore provided with respect; to comlllon Juries.

special Jurora to XXVI. That if any Special Juror shall not attend on being'6uly-imm;

be p

for non- lnoncd or otherwise m& d&mlt iil not appearin&: in puxsuance\pf such

attendance when t

ddy summoned,	summons as aforesaid every such Juror shall be fined m a sum not e'xbgeding
ten pounds at the discretiou of the Judge of the said Court to be levieg and I
ztpprop~ialed in like manner as all other fines and forkitures under this Act" $

I	ualscs	t
F"
1

*;

',

..;I& same just csusc 5; snch de5ulter7s chsencs sha!! bo made to appear.

by 0::-h or aliidavi~ to ihe sa i i s fac tk~ ur' the shid Court. . b

i

XxYIi:. Thkt any. CCik of ths Jh;.istrater or other miniiterid officer the 11.-

)r i.?,'~a:! tc, esecdce m y aLC th: duties iu ,':e	lusnasr	$JN~s:~J:~Y for neg-
lect or refusal to

e i e r y S L ~ C ~ O&WC the SUDI of iihy pounds to

in t:le Su;,te.iia C31~rk for tile s a a e the other t o be fined.

a3 ail other firm and fo^orf&ms under this

i \

SSXV. ?%at ilo person or persons who shall $c put upon his hen or 1.1 tr~ria on in-

t!,ci: t r i l l or.'Jny i id i c tmon t or crimrnal inloir,mtion shtl! have or be entitled ~ f ~ ~ ~ ~ ~ f o & ~ $

i~ nl,tkc a'pere;nptory chal leng~ Lo all or aily of the Jury or the ?me1 cif ., ,h,lre,,2, of

the Petit Ju ry returned into Coart by the Sherifi and irnpsnelled to try issue the Jorors but upon s h d sui3cirnr bo

cause adsigncd.

h?ue o p m the indictment against such pcraon or persons but that all

h g e s made shall, be made upon suEcient cause assigned.

i

F i n e ~ to be re- X'SSai'f. That ali sum or sums of money fines or peaalties by this Act

~ u v ~ r e i l 111 ci xiin- i c c ~ r r e d b ~ r e z j o n of off6nze.s apin;t the provisions thereof with the costs

In J ry rvdg'. z n l clurges &i?-i'r.3 t:weo.~.lt shdi be recovered in a surn:nary way before any

m a or more Jait iaes of t h e Poace of tho Proriwe or its D~~endencies ' save

-

w x r e othmvire d;reqtzd in this Act aa.1 such Jus~ i ce s are hereby empoaered

u p n an i n f x m z t ~ o. ~ %be eshibite.1 b d h e t h e x to suininon ail necejsary

p h e s t t d witnasses ail;i\upn the a p p a - s x e of the cleh11 rant oi. his con- lenl>t tjr u2n-zp2aarmce tg yrocee3 to hear and cle$ermine tnc. matter in a

sa,n.nxy way a 1 to exa:nin@+pn 03th all witnosseg produced and to give

Su.i;,nant, thdrmn ILLI to c a n v i c t k ~ l line t'nz kai j defendant accordingly and in

C L S ~ ~2 C ~ ~ ~. J I C ~ L ~ I L m n t l i3 SA justice^ are hereby empowered i l i case the

seicl dzfe,ii rnt shall ne$sct ta pay the szme fine or pelrslty an 1 costs for

5 r e a days afier canvictiorl t3 cali=2 sxh ' fine or psnzlty costs and charges to

_be levie i by dutcess a,id S& of tile 6oa:ls'~cd chxtteig of the ofml: r the

1.

over$^$ a i m. i ~ u c; l. l; tile chug6 ot d i ~ t r & s ~ n 3 sde to be rendxed to the

oLFe J o r ar such ocien l l r lnly be cxn.nittel bykqqrant t o one of

thr. gaols

of t h	;'13i.'ix~ 5 x 3	t o ra .wia until p y m u n t of	s u h fine penalty and casts.
A

Y - ScxxgUEE A.

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Scale of sees to be paid 6y wery p z i ~ obtaining n verdict.

he party recovering axy Gebt or d a m q e in the Supreme Court s h d psy

&e CChirP Clerk o vkicr p;op: o ? i ~ i of the Court the sam of two pmn&

p:r t cent. upon the onoznt of doht or damap recovered and so on in ratio

for arty sum more or less t hm one huodred poun& up t o and inclusive of one

Sno~sa'yd p o d s of debt or d a m z p and for all sums of money whether of debt

or damqve so to be recovered in 3 n i o + u t exceeding the sum of one thous~ad

pousds L& sum of twcutypoiin&.

f

List of alj 312n liable t o serve on Juries:

street- I

r qcr annum,

d

l

l

'4

1

pounds

-.,

d of Personal

I

street 5 I A

Estate. 5.'

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4

ADELUDE: Printed by nllthority by i:oaear Tuon4u and Ca, . +

Government Pxinters, Hindlay-street,	. I
*