Juries Act 1843 (SA)

ANNO SEXTO ET SEPTIMO

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By His EzceZhcy G~onoa GREY Bsquirr Uovenun and L'omntander&i- * ,

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Chief ./ H6r Mnjcrly'r Provinco of but& Acutrali. and it8 Depcnd&c * ' *: *.

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and Vke-Admiral of the oame by and with thr ndvicr und con~ant	-#Yd.	.Al. -
tha Leyislntiee Council.

AN OR DZNANCE to Regulate Trials by Jwry in South Austratia.

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\PHEREAS it is cxpefieient to regulatc trials by ~ u r y ia Soutlr

: hstralio and for that purpose to repcal an Act or Ordinance of' the

: , hvemor . and Council passed in the Seventh Year of his late Ma-

I ]rrty's ,Reign intit&d An Act for Fixing the Qualification of

I hors" and an Act or Ordinance of the First Year of Heer

1 Present Majesty's iteign intituled "An Act for Replating the Con-

/ ltitution of Juries :*'

I Ba IT TIIBREFORE ENADTBD BY IIn EXCELLBN~Y the ~ o v w n o r

of South Australia 'Wll the advice and consent of the Legislative

Hcpeal af 7th IVm.

rQmil thereof Thht from and after the passing hereof the before

I hited Acts or Ordinance8 shall bbc and the same are hereby re-	Vicrorio So, l.
I V. No. 2 md lrf

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; IL And be it enoc d that trials by Jury in South Australia alien. ~ d 17 J U V ' ~ b h

,: l, ther 'is in Bnglmd.

ther in civil or criminal proceedinge s h d ao far as not 0then&	the f
specially provided for be subject to the like incidents and rules of	prep
proceeding as are attendant and are observed upon trials by Jun	mri.
before Judges of Her Majesty's Superior Courts of Record in hi.	ficat

laud	,	the r
subs
cont

~ualificationofcom~ 111. And be it enacted that every man (except as is hereinaftet p m

"On Toram qe be- excepted) between the age of twenty-one years and sixty years re

tween 21 and 60

risic

.	yem red estateE50 siding mthin the Province and who shall have within thc Provincct
Or c IW. pernon' es'lr h his own name or in trust for him real estate of the value of 61t,

, T

'pounds sterling clear of all incumbrances or a clear personal est&

of the value of at least one hundred pounds sterling shall be qunli.

afor

fied and liable to aerve on common Juries.

in

Pro

Exemptionu and db IV. Provided always and be it enacted that the following person. fror

qdifiCatioIUI'

shall be exempted from serving on Juries and s l d l not be inserted Cle

in the lists to be prepared by virtue of this Ordinance as hereinafter	tha
mentioned or if inserted may claim exemption when called upon an)	Scs
Jury that is to say dl members of the Executive and Legislative	t io~
S&

,	Councils $1 Judges and Commissioners of the Supreme Court and
any Civil Court in tllc Provincc the Clmimmu of the court of GC- . kec:
ncrhl Sessions of the Pencc ancl all hLinisterid Officers of the said abo

a Courts respectively all persons holding ofice under tllc Colonial Go-	the
giv

vcxnmcnt wlicthcr as heads of dcpnrtrncnts or as cl~rlw n r d subor-

r1i11nt.c dficcm nll clrryyrnon in holy onlcm'nl~d wini~trm of 'wligi~n

h r ~ * i ~ f. m r~(,lornitw wlwilo't'~ 1111(1 j)t*oc*ft)r~ 1 \11~ t i ( t l v l tw1 1wwLi~i1lg i l l

tlio ( Jou r1.g of tlw L'rovilwc dl 1 1 ~ 1 1 1 IWCH m d .liccntintc~ OF one of he

the l toyd Collcgcs of l'hysicinns or Surgeons in Lonclon Edinburgh C1

or 'Dublin and actually practising Apothecaries certificated by thc P*'

Court of Examiners of the Apothecaries' Company and actually thc

practising all officers in Her Majesty's army and navy on full pay	str
licensc& pilots and masters of vessels actudly employcd in the pnblic	dit
service sheriff's officers constables peace-officbrs gwlers and keepers	by
of houses of correction and all persons who by law or custom are	1IT
exempted from serving on Juries in England: Provided also that	P1
no man not being a natural born British subject mcept as herein-	sh
after expressly provided and no person attainted of treason or felony or convicted of any crime that is infkmous unlcss he shall have ob- tained a five pardon for the same shall be qualified to serve on any Jury : Provided further that no Justice of the Peacc for the Pro- vince shall be summoncd or impnnelllled as s Juror to serve at any
Court of General Sessions of the Peace.

V. And bc it enacted that the Clerk to the Bmch o f nlagktrates

~ b b ~o I,O pmpusd

Onor b O f O r ~ ea ant of the Provincc nssernbled at Adelaide or auch other person	as may
Monday in Novem.

btr irt WW, YW. be appointed by the Governor to act in thie behalf shall on ox before

V the

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the first Monday in November in every year prepare or cause to be Country Ma&tratcr	'I .-
pepared lists of all meu liable to serve on Juries setting forth their prepare lists at first	.+. , I

subject to public re- ,. 1

.

Christian names and Surnames residences titles additions and quali- rieion bp Bench ar-

I

sembling inAdelaid c.

1	fications according to the form of the Schedule annexed hereto and	?.' 1
the said Clerk touthe Magistrates or other person as aforesaid shall	,. . i
subscribe the said lists with a declaration that each such list	t: t
contains to the best of his knowledge and belief the names of all	. 7 ? I
persons liable to serve on Juries and qualified according to the pro-	. i
. ., 1
f	visions of this Ordinance.	; 1

VI. And be it enacted that the Jury lists so to be prepared as L ists to be affixed + 1

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within three days

in November be affuted to such conspicuous places in the public fm f o ~ ~ n -- 1 aforesaid shall within thrcc clays - after the, said first Monday ,d to beopan i

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days, ,. ;

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Province as the said Bench of Magistrates shall for that purpoae	1. .	;+.i,	,
from time to time appoint together with a notice signed by the	V I~
' A
Clerk of the Magistrates or such other person as aforesaid stating	* *. I
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that the Justices of the Peace of the Province will hear at a Special	' '4
I
Sessions direcbd to be held for that purpose as hereinafter men-	,	, .!	'"

tioned all objections to the said lists: Yrovidcd rilrvays that the	, F * ~; :
said Clerk of the Magistrates or such other person as aforesaid shall	, I
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keep the original list or a true copy of the same to which the public	. :; i

shall have access at any reasonable time	fourteen days after	:	'A I l -
"

the days of such notice without fee in order that due notice may be *. *; !

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given of names improperly omitted or inserted. i .: ..

held on tlx fir& Monday in ~ c c c r n t c r in cvery ycm at which the snid ~bticoa 8mt Monday in De-

to be held

Clerk to thc bfnristratcs or other person as aforesaid shall attend and cemtwrto revise lists

produce the list&o prepared and Gerified as aforesaid and thereupon	.
the Justices so asseinblcd shall examine such lists seriatim and shall strike out of such lists the names of all persons not liable to serve or
Lqualified from scrving as Jurors as also of such as are disqualified	by deafness blindness or mental infirmity and shall insert all namcs
improperly omitted and correct all errors and mistakes in such lists: Providcd always that no name if omitted shall be inserted nor ahall any name inserted be struck out by the Justices unless upon
thc application of the men who may respbctivclj.'bo affected thereby
or unless such men shall have had notice thereof or unless two of the said Justices shall cause notice to be given to such men respec- tively requiring them to show cause at some adjournment of such

, Sessions to be holden within four days thereafter why their namcs

' should not be inserted or~struck~out a$ the case may be and when

every such list shall be duly corrected at such Sessions or at any adjournment thereof it shall be allowed by the Justicea present or

two of them who shall sign the same with their allowauce thereof.

VIII. And.

Jurorv. sea be VIII. And be it enacted that the Clerk of the Magistrates or of all

delimdl08hea	other person aforesaid shall keep the lists so allowed by the Jus-	form
tices among the records of his office and shall cause the same tn	vided
be fairly and truly copied into a book to be provided for that pur.	than

,

pose a i d to be called the Juror's Book " setting forth in alphn- afore

betical order the names of all men contained in such lists respec.	Iawfl
tively with the addition of their respective residences titles and	~uxnr
qualifications and the Clerk of the Magistrates or other person	aumr
aforesaid shall within six weeks next after the close of such Ses-	on a
sions deliver the same book to the Sheriff and every S heriff on quit-	aumx
ting his office shall deliver the same to the succeeding ciheriff and	each
thc Juror's Book so prepared shall be brought into use on the first	the 8
day of January after it shall be so delivered by the Clerk of the	such
Magistrates or other person aforesaid to the Sheriff and shall be	seve'
used for one year then next following and thereafter until a	deal
new Juror's Book shall be so delivered under the provisions	such

hereof. d his l

M

Juror's to be rum- IX. And to the end that all persons liable to serve on any such P m

m o d

c-.

juries as aforesaid may bear an equal share of the public duty

imposed on thenl be it further enacted that the Sheriff shall from	to at
time to time as occasion shall require summon all persons whose	said

names shall be transcribed in such Juror's Book according to the

order as nearly as may be in which L P U ~ I names shall successivelv

bc plncccl uutil,c\-cry such person shall have bcen summoned ih	and
his torn nncl in cnsc any such j,crson slldl make dehult every	sonil
such dcfaultcr shall bc sun~inolwtl n sccond timc or oftcncr until	plac

hc s l~nl l have scrvcci fiw such clcfrttrlt and such order shall bc ob- and

served cvery succcedin~ year the Sheriff beginning from the names poin

of the persons in'the East' book who were last summoned to attend the

on such jurics as aforesaid: Provided that no persons in the S ~ecial	shal
Juror's List hereinafter m e n t i o ~ d - d -	to b

d m i ~ 2 * C f i i i i " G l ~ ~ S i tf i i ~ g s ~ e t; t ~ ~ r e me ~'01.m of t

the General ~ ~ ~ l ~ ~ - ' O ~ e ' d c c: r r G v l d c d also*Ahat if t h e 7 the

sfiall be no Juror's ~o;;k?fxlsten~e for any current year it shall and

be lawful to return Jurors from the Juror's Book for the year next	sucl
preceding and that uutil a Juror's Book shall have been made up	the
under this Ordinance the whole provisions hereof so far as	nor
applicable sllall be held to ap ly to the last Juror's Book	con!

made up under the law of the rovince in force for the time 5 " befc

being. ; Jurr

t i

X. A~ld be it euocted that it slmll be !awful for the Court in 3

Vrniw facia, to in. which any issues are to be tried or damages to be nmessed abo(

C I, , ~. rower

l w ~ ~ f ~ ~ r ~ ~ m o ~ from time to time as and when the sitting8 of the said Court eep:

t ) w forty . eight

m ) ~ t ~. shall I . ,be bolden to issue a general venire facia for the trial a 8 1

of

of all issues to be tried or damages to be assessed and the

form of such venire facias shall be settled by the Court: Pro-

vided always that the names of no more than forty-eight nor less .

than twenty-four persons duly qualified to serve as Jurors as aforesaid shall be included in any such venire facias but it shall be lawful for the Court to direct by such writ that the Jury so to be.

summoned may be divided into two sets one whereof may be summoned to attend on the first day of the Sittings and the other

on a certain other day therein mentioned and such Jurors shall be

summoned and returned in two separate panels of equal numbers each accordingly And every venire facim shall be issued to

the Sheriff at least twenty clear days before the attendance of

such Jurors shall be required and the said Jurors shall be	.
severally summoned by the Sheriff or his proper officer ten clear days before their attendance shall be required and every such summons shall be in wiiting and signed by the Sheriff or
his Deputy to the following effect:

Mr. A. B. [naming the Juror] you are hereby required to ap-

pear as a Juror at the (naming the Court) to be held on the l

day of and there

to attend from day to day until you shall be discharged by the

said Court.

(Signed) C. D.

S heriff.

and the sumnlohs shnll be delivered to the respective persons per-	.
ronally or.. in case any Juror s i d l be absent from his usual place of abode shall be left with some person there dwelling
and the Sheriff shall return to the Court on the day ap-
pointed for that purpose the said writ of venire with the
shall cause a copy of every panel of Jurors so summoned by him the panel or panels of Jurors summoned by him and the Sheriff	to be kept in his office for seven days at the least before the sitting
of the Court to attend which the said Jurors are summoned and
the parties in all cases civil and criminal to be tried at such sitting and their respective attornies shall have full liberty to inspect
such list without any fee or reward to be paid for inspection and the Sheriff shall also cause a copy of every panel of Jurors sum- moned to try issues in criminal cases to be suspended in some conspicuous part of the Common Gaol for at least seven da S
before the first day of the sittings of the Court for which t e Z

,,Jurors are summoned.

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XI. And be it enacted that the name addition and place of YIIC~M ;.. ba d n w c . by ballot. I

abode of each Juror summoned as aforesaid shall be written on a i '

separate pieoe of yarchmept paper or card such pieces being all .

nearly as may be of equal s u e and shall be delivered unto the

Chief

,

Chief Clerk or other ministerial officer of the Court and shdl	raid
under his direction and care be put into a box and when afiy

-rr at tl

issue is called on to be tried the Chief Clerk or other ministerial sucl

Q

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# officer of the Court shall in open Court draw therefrom until

twelve men appear who after all just causes of challenge allowed 2

shall be approved of as fair and indifferent which same being	Cou
marked in. the panel and sworn shall be the Jury to try the ism	or h

,

and the names of the men so drawn and sworn shall be kept apan	af E
by themselves until such Jury shall have given in their verdht	Ills

.

and the same shall be recorded or until such Jury shall by consenc	timc
of the parties or by leave of the Court be discharged and tllcrl	Jurr
the same names s l d l be returned to the box to be kept with. thc	sum

.	other undrawn names and so totier guotics as long as any issur	sue1
shall remain to be tried: Provided always that if any issue shall	sen
be brought on to be tried in any Court before the Jury in any	Jurc

I .

leas

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other issue shall have brought in their verdict or been discharpl

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it shall be lawful for the Court to order twelve of the residue of

the said parchments paper or cards not containing the names of 3

any of the said Jury to be drawn in such manner as aforesaid for	pro1
the trial of the issue which shall be so brought on to be tried:	Jurl
Provided also tlmt where no objection shall be made on behalf of	COL
any party it shall be lawful for the Court to try any issue with	for

* the same Jury that shall have previously tried or been drawn to	0thl
try any other issue without their names being returned to the box	cou
and rc-drawn or to order the names of any men on such Jury	% cau
whom both partics may consent to witlldraw or who may be justly	of 1
cllnllcnged objected to or excused by the Court to be set aside	mor
and other names to be drawn from the box and to try the issue	sha

..C.

U with the residue of such original Jury- and with such men whose ma:

names shall be so drawn and who shall appear and be approved

as indifferent and so toties quotia as long as any issue remains to 2

" "

be tried.	ma;
J ur

XII. Provided always and be it enacted that the Court in ard

~ r o ~ i b o n for

~ r d ~ m.	which any issue shall come on to be tried shall have and	Et3 S
exercise the same power and authority as the Superior Court9	Par
in England have heretofore had and exercised in issuing any writ	COS
or precept or in making any award or order orally or otherwise for	the
the return of a Jury for the trial of any cause before such Court	whl
or for the amending or enlarging the panel of Jurors returned for	Par

I	the trial of any such cause and ths return to every such wit	)I	sho
precept award or ordcr shnll be made in manner hotetoforo used and	Jisc
accustomed in Her Majestyk Superior Courts of Record in England	by
firs

Jwka M be gaid ttk XIII. And be it enacted that every Juror who shall attend the the

ahdance m ddlcourt to try civil issues in pursuance of such mmmons ar aforee

eruu for ever). Jury

w e ~hilling. s a d '

1 + '.{

raid shall be entitled to receive a compensation for his expenses. +	,:
at the following rate (that is to say) for every cause upon which
such Juror shall octually be called and sit the sum of one shilling.	1 ;I

f :'l

XIV. And be it enacted that at the end of every sitting of the S ~ O ~ I ahtrll writ.

Court for the trial of issues whether civil or criminal the Sheriff ~f$~&g t:fz

or his Deputy shall write in the Jurors' Book opposite the name t b e i r h ~

of every Juror who shall have served at such sitting the time of

his so serving and shall not again summon such Juror in a less

time than a year from the time of his so serving unless all the

Jurors named in tlie Jurors' Book shall have been previously summoned and the Sheriff shall as far as is practicable summon such persons as Jurors who have been the longest time without serving and shall for that purpose preserve the yearly book of Jurors with the several times of service marked as aforesaid for at least three years after the same is made out.

.,.

xv. And be it enactcd that tile Sheriff or his Deputy or other Accou~lt of attend- an- to be kept md **c-$ !

proper officer shall keep an account of the number of days each 3 worn paid ?y the

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Juror 8 ,hall hc called and answer to such call and duly attend the Court and after the expirntion of the time appointed by the Court	:-; c
for the attendance of such Jurors respectively the said Sheriff or	:',.f f
. 1 '

'1:

other proper officer shall deliver to every such Juror a short ac-	. I 1.
f '

' count or memornndum in writing setting forth the number of : r

C N I S ~ R upon which such Juror may have been called ancl the sum , I

of lnoncy to which ruclr Juror m a y bc cntitlccl md tlrc said IIIC- r t I) I ( , I

mornnclum bcing tnkcn by such Juror to the Shcriff tlm SllcrifY i l :

shall thereupon pay to such Juror the sum of money to which lie

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!

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may be entitled as aforesaid.

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XVI. And be itonacted that the Court (or any Judge thereof) , , ,

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may where it appears ex ~edient	grant a rule that two or morc of	the rule fox v i e r	i	*
*,; -

Jury shall have a view o r any place in question and any'Judge may . ,. . 't

order such sum as hc may think reasonable for defraying the espen-	. 1
. ' j.
ies of such view to be deposited in the hands of the Sheriff by the party applying for such view and which, qum sli Jl on the taxation of	.,+" S .
costs be taxed and alldwed by the master or other proper officer of	'.: A - 1. i s '
the Court in likc manner as other sums paid and two or more Jurors
r e -
*, ! "

whosliall bc mutually agrccd upon bctwecn the parties or in case the '

.. 1

parties cannot agrcc as sllall be nominated by the Sheriff shall be .. . -4. ., " !"

, shown tha place by two porsons to be appointed by the Court or 1

Judge : Provided that tlio nani'e~ of the viewers shall be returned I v*

by the Sheriff and provided also that such viewers shall be the	* 1	4	.
I.
1
first of the Jury who shall be called and sworn of the Jury to try	: '

S .

the case, ,. i

XVZI, And

iimtimfi sp. XVII. And be it enacted that in any cause whatever either criminal OJ

&?&l the'

civil exce ting only indictments for t reaso~ or*

nuf:

if Z G r or tlie p rties whether the Prosecutor on behalf of Her ae ref~

Majesty or the plaintiff or defendant shall make application to	read
the Court or any Judge thereof stating his desire to have the said

thii
cause tried by a Special Jury it shall be lawful for the Court or	par
Judge by rule or order to direct the same to be tried by a Special	wri
Jury accordingly.	plai

XVIII.	And be it enacted that every man described in the said	shal
attc

Q U I S - ~ ~ O ~ ofsps-

Jurors' Book as an Esquire or person of higher degree or as a

$:r:sz

Justice of the Peace or as a Merchant (such Merchant not keeping re&

worth ;E500 or per- a general retail shop) or as a Bank Director or Manager or as pos- or 1

d , , ate narr

S 1000. , sessing within the Province real estate of the value of five hun-

dred pounds or personal estate of the value of one thousand	or C
ney
pounds shall be qualified and liable to serve on Special Juries.	sen bell,

nuir to r=pur XIX. And be it enacted that the Sheiiff shall within ten days duo

'*F0	after he shall have received the lists of Jurors from the Magistrates
extract from the said lists the names of all persons who shall be 2
described as qualified and liable to serve on Special ~ u r i e s and shall as a
cause the names so extracted to be fairly and truly copied out in the

' alphabetical order together with their respective places of abode the

and additions which list shall be called the Special Jurors' List" for

and be subjoined to the Jurors' Book aiid the said Sheriff shall	iabc
prefix to every name in such list its proper number beginning the	noti
numbers from the first name and continuing them in a regular	shal
arithmetical series down to the last name and shall cause the said	by 1
severd numbers to be written upon distinct pieces of parchment	naa

paper or card being all as nearly as may be of equal size and after Coc

all the said numbers shall have been so written shall put the same	ben
together in a separate drawer or box and shall. there safely keep	offic
the same to be used for the purpose hereinafter mentioned.	the
the1

SpoiJ&iM h XX. And be it enacted that whenever the Court shall have

ttruck. Col

awarded.a Special Jury the Chief Clerk or other proper officer ben

thereof shall appoint a time and place for the striking of ~ u c h 1 -,of%<

Special Jury and the said officer at the time and place appointed drai

,

being attended by the Sheriff or his Deputy who is hereby re-

quired to bring with him the Special Jurors' List and all the num-	the
bers so written on distinct pieces of parchment paper or cord as	ang

aforesoid shall in the presence of all the parties to the issues to be . ' ~ ~ l u r

tried and of their attornies (if they respectively choose to attend	3
or if the parties or their nttornies or all or any of them do not	nun

attend then in their absence) put all the said numbers into a box

to be by him provided for that purpooe and after having shaken ilwa

them her4

tllern together shall draw out of the said box thirty of the said

1 ,umbers one after the other and shall as each number is drawn' refer to the corresponding number in the Special Jurors' List and read aloud the name designated by such number and when such thirty numbers shall have been drawn the said Sheriff shall pre- pare two lists of the men's names with the numbers as they are written in the Special Jurors' List and shall deliver one list to the plaintiff or his attorney and another list to the defendant or his attorney and the thirty names contained in the lists so delivered

shall at a time to be appointed by the Chief Clerk or other officer be

reduced to eighteen by the plaintiff or his attorney and tlie defendant '

or his attorney each of them striking out at his discretion six different

names from each of the said lists in the presence of the said clerk

' or other officer who may in the absence of either party or his attor-

ney and on proof being made that such absent party has been duly

served with notice of the appoiot~nent strike out the names on his behalf and the said Chief Clerk or other officer shall sign such re-

duced lists,

XXI. And be it enacted that when a Special Jury shall be struck special J U ~ J to be

as aforesaid a special venire may be issued containing the names of bdlOt"

the Jurors on the reduced lists who shall be severally summoned by

the Sheriff or his officer to attend the Court at the time appointed

for the trial or tile cause according to the fgrm and manner here- illbefore directed for the summoning of Common Juries but on a notice of thrce days and on the day appointed for tlie trial the Sheriff shall rctucn tlie uetae're with a pannel of the Special Jurors su~umoned

by him annexed thereto with the proper number prefixed to each

Court tllc pieces of paper parchment or card whereon are the num-	name and shall deliver to the Clerk or other proper officer of the
bers of the Special Jurors on such reduced lists and the Clerk or officer putting the same into the ballotting box the Sheriff shall return
the venire with a panel of Special Jurors sumrnoncd by him annexed .
thereto and shall deliver to the Clerk or otller proper officer of the Court the pieces of paper parchment or card wliereon are the num.
bers of the Special Jurors on such reduced lists and the Clerk or
officer putting the same into the ballotting box shall in open Court draw from the box one number at a time and shall repeat aloud
the corresponding name from the said paonel until twelve men shall
answer which said twelve men being duly sworn shall be the Special

'4.iry.

' S 1

XXII. And be it enacted that the same Special Jury may try any same s ~ c i a l ' J U ~ * A

may try any nurnber . .

number of causes in which at trial by	Special Jury shall have bccn of causes on c w m t	# f.
'

awarded' upon the parties consenting thereto in writing auytl~ing ofputier

'herein mahined to the contrary notwithstanding. f

I XXIII. And '

Applicant in 8 spc- XXIII. And be it enacted that the party who shall apply for a th

feel and expenser,	'W" pay th. Special Jury shall pay the fees for striking such Jury and all the expenses occasioned by the trial of the cause by the same and ehall	ah
in

not have any further allowance for the same upon taxation of costs	$1
than such party would be entitled to in6case the cause had been tried	ta
by a Common Jury unless the Judge before whom the cause is tried	in

shall immediately after the verdict certifv under his h a ~ ~ d that the.

same was a cause proper to b tried by $ecial Jury.

rc

pwnent of 6peci.l XXIV. And be it.enncted that every person serving as a Special q1

J u r i e w n e guinea

per trial &C.	Juror fox the trial of every cause as aforesaid shall be allowed the	cc
sum of one guinea and in causes where a view shall be directed such	U1
further sum shall be taxed or allowed as the Court or Judge shall	if:
think just and proper.	q1
01
AkrIsrmaybepyed	XXV. And be it enacted that when a sufficient number of Jurors summoned to attend any such Court shall not be in attendance or	ac
tk
when by challenge the Jury is likely to remain untakcn it shall be	hi
competent to either party to pray a iales and the Court may then	W
command the Sheriff or his D q u t y forthwith to summon as many	te
good and lawful men of the byestanders as shall be sufficient to make
up a Jury for the trial of the cause such byestanders being persons	I

qualified and liable to serve as Common Jurors: Provided however t c

that such Court shall in no case allow such a tales unless at least nine	t t.
of the .Jurors summoned for the trial shall attend.	dl
01

Juror, to befinodfhr XXVI. And be it enacted that if any Juror shall not attend on l$

nonattendnnuwhon	dui J mmmoned.	being duly summoned or otherwise make default in not appearing	er
in pursuance of such summons as aforesaid every such Juror stlall be	fined in a sum not exceeding ten pounds at the discretion of the
Court or Judge to be levied and appropriated in Iike manner as all	cc
pther fines and forfeitures under this Ordinance unless some just

. a1

cause for such defaulter's absence shall be niade to appear by oath tl tl

I , or affidavit to the satisfaction of the Court.

01

Itgha" Imwu XXVII. And whereas it is expedient to provide fix the fair and h

, plrtiea to object to *

Juron,	1 impartial trial of issues as well in civil actions as in cases of indict-	J1
a]

,	,	ment or ii~formation for any klony or rnisden~eanor without the
,expense attending the summoning of Special Juries be it enacted a1

' hc

'that upon any trial when and so often as either party whether

or prosecutor defendant or prisoner as the case'may be shall object to	a	a*	*
any of the Jurors named in the pannel returned by the Sheriff for the
\rid of* such issues it shall be lawful for him to object to any number	01

i v.i

'	qf such Jurora not exceeding six by giving to the Clerk of tile Court a
n b ~ e of the names df the Jurors objected to and the said clerk shall

' fo

ti \ ereu P on P ut wide all the pieces of parchment paper or card havi.iua W

I

t thereon

l!#

,. .

.'

!?	c	.
6: ,
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.I
:	I
5	': 3

thereon the names of the Jurors so objected to by either party and	,
shall put the residue only of the pieces of parchment paper or card	p' . .. !

, ' , *',

into the balloting box and shall draw therefrom the names of the	y ..
4.

Jurors to try such issue:	Provided always that nothing herein con-	I'..
i

tailled slmll take away the right of challenge for good cause accord- !

i .I

:.V"'

ing to the laws of England.

.?

XXVIII. And be it further enacted that if any man shall be Want of wli6c.- +. '

tiw crw of chal- :' I

.	,.';	",
i i

returned as a Juror for the trial of any issue who shall not be lene,

qualified according to this Ordinance, the want of such qualifi- : I 4 . l

cation shall be good cause of challenge and he shall be discharged	... 1 :" 1
upon such challenge if the Court shall be satisfied of the fact and	'.:a :
:a. 3
if any man returned as a Juror for the trial of any issue shall be	...;
, . >
qualified in other respects according to this 'Ordinance the want ,	. ' ! .
I l

of freehold sl~all	not on such trial in any case civil or criminal be	.	,	,	*
. " *
r :

accepted as good cause of challenge either by the Crown or by	.;
the party nor as cause for discharging the man so returned upon

.	:	. "l	%
.l ;	a

his own application any law custom or usage to the contrary not- ?

withstanding: Provided that nothing herein contained shall ex- 2% r i

:: .?

tend to any Special Juror. 1

:"

9,

p: :

M I X. And be it enacted that for the purpose of enabling ~art ies she* iadi upon '3'

* 4

,.' :

to make their objections in manner aforesaid the Sheriff shall upon of	demsnd	the p;rnc~rcturntd	give a copy	, + i
. ; .!

the demand of every person being either plaintiff or prosecutor 'bJ himb

,,:

defendant or prisoner or of his attorney or agent give to such person , '. l

or his attorney or agent a copy of the panel of Jurors returned by !

him for the trial of any such issue on payment to him of a sum not	t ..:.
.- L

. ,.

exceeding one shilling. '. :'

.. ,

. ,

! ]

t 4

XXX. Provided always and be it enacted that nothing herein AAicaBr Juries. *~ ' !

,c, 4 a'

contained shall extend or be construed to extend to deprive	) ; S	j ; t
any alien indicted or impeached of any felony or misdeyeanor of	I ! '
<T,
.	.,	!,.

..

the right of being tricd by a Jury Z ?mdietate l i~ tgr i~~ but that on

! I

. - ,

the prayer of every alien so indicted or im eachcd the Sheriff or .'q~ ,

other proper officer shall by command of t le Court return far one P ),+'

half of tlrc Jury a competent number of aliens and no such alien I I.

' 7. ; +

Juror shall be Gable to be challenged for want of freehold or of	' > z:
l '. -.
any othcr qualification required by this Ordinance but every such	* '
4 ,

+

alien may be clmllenged for any other cause in like manner as if I* ..

h *. ""i .:

he were qualified. .,. :*l

A ..

'

XXXI. And be it onacted that if an Olerk of the Magistrates POD~IQ cl~ke i L!

i . t . <. ,,

Bt~crifTb and otlter .. - I

m othcr officer appointed as aforesaid ~ h 3 T 1 mfuse or neglect to pro- ,,,, npllrcting i '

vidc or prepare a Juror's Book within the timc and in mannor and ihoir duty u hw*	i 1 )
form hereinbefore prescribed or to deliver the same to tlrc Sheriff	4, .

Hithin the time hereinbefore prescribed or shall wilfu1lyfnil well and	,	, i'
'.. 1':

?.

fai thfiall y

. -.

. ,

* C. . <	:
.	m

l 12

faithfidly to do and perform all the ncts matters and thing8 hereby req~zirkd to be by him yciformed or if any Sheriff or Under-Slzcriff s h d make or cnuse to be made any alteration whatsoever in the

list of Jurors contained in the Juror's Book or if any Sheriff or Under-Sberiff shall ncglcct or refuse to provide or prepare a list of Special Jurors in the manner and within the time hereinbefore pred scribed or shall ~vilfdly write or cnuse to be written therein the iinmc of any person not qualified or shall mihlly omit thereout the nnmc of any person duly qualified as a Special Juror or shall neglect

or refuse to write or, cause to be written the several numbers con- taincd in such list upon distinct pieces of puchnlent or card in the

manner and within the time hereinbefore prescribed or shall subtract

or destroy or by any default or neglect lose any of the said pieces of

parchment paper or card or shall neglect or refuse upon discovery of

such loss to supply the same within five days or if any Sheriff or Under-

Sheriff shall refuse or neglect to prepare or keep for inspection as	est
aforesaid a copy of the panel in the cases hereinbefore provided for	ret
or to registcr the service of any Juror as hereinbefore directed or to	to

-

delivcr to any man who shdl have been surnmoned and have duly	p0
attended or served as a Juror at any Court a certificate of such man's	a v
service on his application and payment as aforesaid or shall refuse or	ex1
neglect within ten days after the ucxt succeeding Sheriff shall be	mu1
sworn into or have entered upon office to deliver over to him as well	siv
all the Jurors' nooks and Ilists thnt shdl be mado or preprod in the	da
ycnr of his sllcriffalty ns illso n l l such otlicr likc I300lis nntl Lists ns wcrc prcpnrcd in tllo slloriffidty of m y of his prcilcccssors within. four ycnrs thon next prcct-(ling rmd which wcrc tlc$vcrd owr to him by any of his prcdcccssors or if any Sheriff or Under-ShcrifT or m y

-	Clerk or otlier minister or officer of any Court shall wvi1fully fail well and faithfully to do and pcrform dl and several the ncts matters and things hereby required to bc by them respectively performed every such offender shall for every such offence farfeit the sum of Fifty Pounds two thirds whereof shall be paid to the Colonial Trcnsurer
on behalf of Her Majesty her heirs and successors for the public uses of the Province and support of the Government tlicreof and the

, remaining third with full costs to such person 8s shall sne for the same in the Supreme Court by action of debt bill plaint or information.

I'ereonn COIT?IP~IY in. XXXII. And be it enacted that any person guilty of the offence

fluencinr Jumn of corruptly influencing or attempting to influence any Juror or con- :<

b o ~ l ~ n u h c d br titaa

ha impanmelt, mnting thereto mn bc punished with fins and imprisonmeat on con- '

victim b,efore the B upreme Court. .

~ n a ~ t m ~. ~ cr ba XXXIIL And be it enacted that no person hall be put on trial on

pnwnW he

(inad JW, my indictment. at any Ceminal Sessions of the Supreme Court unless

t h%

tile bill of such indictment shall first have been presented to a Grand Jury on the prosecution of .-_ Her *_ Maiesty's-. Attorgey or Advocate-

General GiiTs~imi- returned by them a true bill

(jeneral tlie right of filing informations ex oflcio and to the Su- nevertheless to Her Majesty's mid Attorney or Advocate-

9 preme Court the right of permitting informations to be filed.

I

? XXSlV. And be it knacted t h t every such Grand Jury shall con- Com~hutionolCrand

f	!ist of not more than twenty-three men nor less than thirteen who Jurioa.
f	h l l be qualified to serve on Special Juriea and inserted in the
Special Jurors' List i s aforesaid and such Jurors shall serve in the
\	.ume order and their service as Grand Jurors shall be reckoned in the

1 wanner hereinbefore provided with respect to Common Jurors.

SXXV. And for meeting the expenditure required for the 1, sup,,, c,,d ;

establishment of the Supreme Court be it enacted that the party Pr paid Cen* on B U to nco- ~ be

recovering any debt or damage in tlie Supreme Court shall pay 4.

i to the Chief Clerk or other srol~er ofticer of Gourt the sum of two

* I

punds per cent. upon the amount of debt or damage6 for which rverdict shall be given and not set aside when the same shall not exceed One TIundrcd Pounds and of one pound per cent. for any rum more or less than One Hundred Pounds up to and inclu-

h e of but not exceedit~g One Thousand Pounds of debt or -

damages.

SXSVI, nlltl IIC it clliwtct~ t h t 811 liw ruid s w u s of nrcl11r.y re- r008 WOOIYPB ill 1 j i

Court to bo p ~ i d tu

wired by tbe rcspcctivc Olcrkn iud othcr Ministerial Ollicer~ ot'iuiy " i:

olonid 'l'rc~urer > .l

Court in the Province shall be paid to the Colonial Treasurer on q u r w	g i q
..

hhalf of Her Majesty her heirs and successors for the ~ u b l i c ser- i q

rice of the 13rovince and support of the Government thereof at	b. '0' 1 r 9 l
4 ;.l
h s t once quarterly and that all fines imposed by any such	, i!! 1
Court and all forfeitures incurred in such Court by reason	: j:

:. l

estreated recognizances or otl~crwisc may be levied by writ c, _ ,,

$ng out of such Court directed to the Sheriff who at the. >t '; L

h e	appointed by such writ shall duly make a return thereof	. .L'	,
,.c

ttllhe said Court showing the manner in which he shall have	p '. ?.
Wxted the same and shall duly pay into the said Court all sums	'.t* r:.

levied by tlim by virtue thereof and at the end of every quarter of .

a 'ear a sclledule of all fines imposed by or forfeitures incurred in .

:!+	.	I
+ a; '

l1lr said Court and of the sum8 levied and p 'd nl into the said Court : .d,,

. L" 4

"l ~ p e c t tllereof shall be scnt to the Colonial Treasurer signed t !

aftcl attested by the Clerk who shall at the same time pay over to : J.

'he said Treasurer all sums so paid into Court as aforesaid.,	: ?
l

*,<9 !

, C " < !

~ X X V I I. And be it enacted that it shall be lawful for persons 11.. pmonq 0 1 W -

inq to tho co~ltnlun I .

, '"longkg to the Society of Ftie~~da commonly called Quoken and r. ortn tg tnkiug m I -

.

1 , for 7 g *> *

l - I <

affirmation or be oath shall make an for Moravians and for persons who have been members of such

, . whn, u,led s0ciet.y or who have been ~ o ~ i h a n s and who state in Court their

upon Juries. conscientious objection to taking an oath to make affirmation instead

l	of taking an oath and for persons of the Jewish rzligion to be ssorn
upon the Old Testament and for persons natives of Scotland xho shall object to be sworn according to the English form of oath to bf sworn according to the form of oath usually adopted in the Courts

, ' of Scotland in cases where any of such persons happen to be called

to serve upon or give evidence before any Grand or other Jury. 1

' GEORGE GREY,

Governor and Commander-in-Chief.

, P& in'the Legislative Coumcil, this Third

day of November, L 843.

I	I '
I, W. L. HALLORA RAN,
l Clerk of Council..
I

I	'
I

* Clerk to the Magistrates.

P Q S S C ~	in the &egislutivc Council, this T?&d	\.,
' day ofllrownhbrr, 1843.

W. L. O'HAUO&

Clerk of Council. ,