Juries (1845) (WA)

WESTERN ATJSTRA LTA.

ANNO NONO

VICTORIA: REGINA:.

No. V.

An Ordinance to regulate the Constitution of Juries for the trial of criminal offences in Albany, and other remote Districts of the colony of Western Australia, and to limit the right of Challenge to some ex- tent in certain cases.

HEREAS District Courts of General Sessions of the Preamblo.

W Peace have been established, or are about to be established

9th Viet. No. 5. 1845.

in Albany and other remote districts of the colony of Western Aus- tralia; and whereas by reason of the small number of inhabitants residing in several of such districts, it may be impossible to procure the full complement of individuals required to form a Grand and Petty Jury at a Quarter Session of the Peace in England, and it is expedient to provide some remedy for such a contingency :—Be it therefore en- acted, by his Excellency the Governor of Western Australia and its Dependencies, with the advice and consent of the Legislative Council thereof ;—That in any Court of General Sessions of the Peace, es-

Number requisite to form tablished for a district under the provisions of an Ordiaance passed a Grand Jury, in District in the ninth year of the Reign of Her present Majesty Qneen Vic-Courts.

toria, intituled " An Ordinance to make provision for the trial of criminal offences at Albany, and other remote districts of the colony of Western Australia," it shall be lawful for any number of persons not less than five nor more than thirteen to be sworn to act as a Grand Jury, in such Court, and that such persons so acting as a Grand Jury shall have the same powers, and 'shall be subject to the same rules and forms as any Grand' Jury-in-the- Court-of General and Quarter Sessions of the Peace for this colony.

Jurors' Book to be kept.	II. AND be it enacted, that the Chairman or acting Chairman of each district as aforesaid, shall cause the list of Jurors of his dis- trict, qualified and returned according to the provisions of an Act passed in the second year of the Reign of King -William the Fourth, 
intituled 4 ` An Act for rugulating the Constitution of Juries, and the office of Sheriff ," to be transcribed in alphabetical order of surnames, in a book to be kept for that purpose, and to be styled the Jurors' book, and that all persons shall be summoned in the order in which their names are successively placed in the said book.

Bow Juries are to be M. AND be it enacted, that all Grand and Petty Jurors for the

summoned. trial of any issues in' the Court of General Sessions for the district

shall be summoned by virtue of a precept under the hands of two iustices,(one of whoin shall be Chairmattor acting Chairman of the said Court) directed to some bailiff or constable of the district; and in the form (No. 1,) in the Schedule hereunto -annexed, and upon re- ceipt thereof; the said bailiff or Constable shall summon: and return not less than five nor more than thirteen to serve as Grand Jurors, and not less than twelve nor more than eighteen to serve as Petty Jurors, and that the summons for any such Grand or Petty Jury shall be in the form (No. 1) in the said Schedule, and shall be served by leaving the same at the usual place of abode of the party

1845.                  9th Viet. No. 5.

to be summoned at least three days before his attendance shall be

required.

Juror as aforesaid, shall fail to appear at the time and place ap- the summons. IV. AND be it enacted, that if , any person, so summoned as a Penalty for not obeying

pointed in the said summons, every such person (upon proof of his having been duly summoned) shall forfeit and pay any sum not exceeding ten pounds.

V.     AND be it enacted, that if on an issue being called on for Tales of the bystanders.

trial there shall be a deficiency of Jurors, it shall be competent to the Court to command the bailiff or constable in attendance to summon as many good and lawful men of the bystanders as shall be sufficient to make a full Jury for the trial of any such issue as aforesaid.

VI.     PROVIDED always and be it enacted, that it shall not be No challenge but for

lawful to challenge or object to any person as a Juror unless for some cause shown.

reasonable cause exhibited to the satisfaction of the Court.

VII.     AND be it enanted that every Juror who shall attend the Jurors to be paid for loss

said Court in pursuance of any such summons as aforesaid shall be of time and expenses.

entitled to receive for each day during his attendance at such Court

such compensation for his loss of time and expenses as the said Court shall from time to time order and allow, provided that such ex- pences shall in no case exceed the scale approved of by the Governor.

VIII.     AND be it enacted, that this Ordinance shall be and con- Duration of Ordinance.

tinue in force only for the space of three years from the date of its

passing the Legislative Council.

IX.     AND be it enacted, that this Ordinance may be altered, Ordinance maybe altered.

amended or repealed by any Ordinance to be passed during the

present Session.

JOHN HUTT,

GOVERNOR.

Passed the Council

18th Aug., 1845. 3

WALKINSHAW COWAN,

Clerk of the Councils.

Printed by authority of the Government, by E. Stirling, Perth.

9th Viet. No. 5. 1845.

Schedule referred to by the annexed Ordinance.

No. 1.

Form of Precept for summoning a Grand and Petty Jury.

Colony of We A. B. and C. D. Esquires, two of the Justices

Western Australia

to wit. of our Soverign Lady the Queen, assigned to keep the

peace in the said Colony, and also to hear and determine divers Felonies, Trespasses, and other Misdemeanors, committed therein, to

the [Bailiff or Constable] of the District of

we command you that yon cause to come before us, or other our

fellow Justices, on the day of

next, at the hour of

in the forenoon of the same day

good and lawful men of the District aforesaid,

then and there to enquire, present, do, and perform all and singular

such things which on the behalf of our said Sovereign Lady the

Queen shall be enjoined to them, and have you then there, as well

the names of the Jurors as this Precept.

Given under our hands and seals at the

day of

1845.                9th Viet. No. 5,

No. II.

Form of Summons for Grand or Petty Jurymen.

Mr. A. B.

You are hereby summoned to appear as a [Grand] or [Petty] Juror at

the Court of General Sessions of the Peace for the District ' .of

to be held at on the day of

next, and there to attend from day to day until yon

shall be discharged by the said Court.

(Signed) C. D.