Juries Act 1843 (SA)

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, ' r . l. qriBy His EFcdEency Gsoaci~ Q ~ Y fipuirsGmlmw cuul C i - h

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WHEREAS nn Act of the Governor and Council of South Australia

was passed in the present year of Her Majesty's reign for the

regulation of the Sessions of the Peace in South Australia and it was thereby amongst other things enacted that Jurors and others required to attend at m y Court of General Sessions of the Peace shall be summoned by virtue of a precept to be issued in manner therein mentioned directed to the Sheriff for that purposo but by

namn qf it having bed intended to " An Act for the Genepl 4 1 2, J t ., % J +

Regulation

Regulation of Trials by Jury in South Australia" no provision W therein made as to the persons who shall be qualified and liable to

serve as Jurors for the trial of prisoners and othem at such General

Sessions of the Peace and whereas by an Act of the mid Governor

and Council passed on the third day of January last past provision

is made for trials by Jury at the General Ses&ms of the Peace then

next ensuing and now past and whereas circumstancm having hitherto

'prevented the passing of such intended general Act as aforesaid it is

' necessary further to provide for trials by Jury at Courts of General

Sessions of the Peace to be hereafter held:

BE IT THEREFORB ENACTED BY HIS EXCELLENCY GEORGE G R ~

, Esquire Governor and Dommander-in-Chief of Her Majesty%

Province cf South Australia and its Dependencies and Vice-Admid of the same by and with the advice and consent of the Legislative

. J U I O ~ or su Erne Council thereof That all persons qualified and liable to aene as

'OM	B&ons qudifie'	O	C	Peace.	~	"	Common Jurors for the trial of issue8 of fact in the Sopreme Court
of this Province shall be qualified and liable to serve as Jurors at JL Courts of General Sessions of the Peace.

~ k c r l d m y summon 11. And be it enacted that it shall be lawful for the Sheriff of the

Juries to Geoersl	gesiOns ,,f he pars Province or his Deputy lawfully authorised on that behalf on the-
* i c h ~ ~ l b e ~ + - ~ delivery to him of a precept issued in the name of Her,
to be J r y law of the the time Majesty and tested and signed in mannir directed by the said Act of
MO#, Council " for the Regulation of the Sessions of the Peace in South Australia" to cause to be summoned out of the petwins whose names are contained in the Jurors' Book" or general list of Jurors in use For the then current year within the Province or witbin the district for which such Sessions of the Peace may be held as the case may require in pursuance of the Act of Council now in force within the Province " for Regulating the Constitution of Juries" or in pursuance of any Act hereafter to be made in lieu thereof for regulating trials by Jury twenty-four men qualified as aforesaid for the trial of issues of fact and any twelve of the men so to be sum- monedmaymake a Jury between our Sovereign Lady the Queen and all or any of the ofienders to be tried at the said Courts of General Sessions of the Pence and trials by Juries so to be summoned

shall have all t h same incidents os to challenge w otherwise nr

trials by Jury in the Supreme Court.

suntonniingof J-

w d account of #er+ 111. Provided always and be it enacted that every sun\-

i , J , mons shall be served on the Jurymen named therein either personally or by leaving the same with some person living at his lace of abode at least ten days before the day on which such

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, f u men shall be required to attend: Provided also that an account

a$ t X e service of every Juryman at Courts of Sessions of the Peace

s h d

shall and may ensue thereupon as in the case of an action brought

against a Managing Director under the recited Act.

111. And be it enacted that in any action brought against any N o p ~ ~ " ~ b a t ~ ~ *

one or more members of the said Company no plea in abatement shall be corn etent or allowed by the Court on account of the

non-joinder o other members thereof. P

IV. Provided always that every such member against whom any action suit or other proceeding shall be brought instituted or prose-

cuted or against whom execution shall be issued shall always be

reimbursed out of the funds of the said Company all such loss damages expenses costs and charges as by the event of any euch proceedings he may sustain or be put to and that as between the several members of the said Company for the time being such con- tribution shall be had in respect of any such loss damages expenses costs and charges as may ordinarily be had between several joint

contractors for money paid by one or more of them on the joint

account.

- G. GREY,

Governor South Australia.

Passed tlie Legislatiue Council this

S day of Febhrary One Thauan

ljlrcrcdred a ~ d	Forty-thwe. ,	f
L.

A, M. MUNDY,

% l Clerk of Council.

, - - ADBLAIDE:

?Anlad by authority by A ~ a ~ l s l m MAUDOUQALL, ~ovsmment printer, Rundlwtmzt.