Juries Act 1865 (SA)

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ANNO VICESIMO NON0

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A.D. 1865-6.

No. 7.

An Act to amend the Jury Act, 1862.

[Assented to, 16th March, 1866. j

W HEREAS it is expedient to amend '' The Jury Act, 1862"-Be

Preamble.

i t therefore Enacted, by the Governor-in-Chief of the Province of south Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows :-

l. The Supreme Court or a

in any suit in ~ u r y f e e

dispensed

formQ partperis, dispense with

required to be

paid by section 44 of " The

upon sufficient

to the satisfaction of such

made to appear o

affidavit.

a

the

and the cause not tried, or where a cause shall have been tried by fees in certain cases

2. Where the record shall have been withdrawn in any cause, aepayment of jury

a special jury, the Suprcmc Court, or a Judge thereof may order any moneys paid in such cause, by virtue of the said section 44, to be repaid by the Sheriff to the party who shall have paid the same, and upon ally such order the Sheriff shall repay the same accordingly.

3. In any action in a Local Court, where a deposit of Two Pounds Deposit paid into

Local Court may be

has been paid as directed by the 37th aectioh of " The Local Courts

certain

Act, 1861," if the Clerk of the Court shall, befbre n Jury has been cases.

summoned, receive notice in writing, signed by one of the parties to

the cause, or his attorney, that the action has been discontinued or

settled out of Court, i t shall bc lawful for him to return the sum of

Two Pounds, so deposited as aforesaid, to the person who shall have

paid the same."

4. Schedule B to the said in part recited Act-namely,

the Jury

Bo eal of 8chedule B

be and is hereby repealed, and in lieu thereof of ury Aot, l86

g

Act of 1862-shall

2

'. .

2@ lyICTORI?E, No. 7.

Jury

Act

~ k e n d m e n t

Act -1866.

the Schedule hereunder written shall be deemed to be the Schedule

B to the said Act; and the said Act shall be read and construed as if the said hereunder written Schedule had been thkreunder written instead of the said Schedule hereby repealed :-

B

Precept for

r~turning Lost of Jzwors.

Boulh Australia,

T o the Clerk of the District Council of the District of

to wit.

]

[or Town Clcrk qf. the Corporahofi of

1-

By virtue of

' L The Jury Act, 1862," you are hereby required to make out, on ox

before the first Monday in October next, a true list, in writing, in the form hereunto annexed, containing the names of all men being natural born or naturalized sub- jects of Her Majesty, between the ages of twenty-one m d sixty, residing within the boundary of the abovenamed district [or Corporation], qualified and liable to

serve on Juries; and you are hereby required to make out the said list in alpha*-

betical order, and to write the Christian and surname of every man at full length, and the place of his abode, his title, quality, calling, or business, the nature of his qualification, and the annual value thereof, in tho propcr columns of and according to the form hereunto annexed. In making such list, you are to omit the names of all judgw and oficcrs of all Courts, whether of record or otherwise; all barristers-at-law, at tornup, solicitors, and proctors, if actual1 practising, and

having taken out their dnnual certificates; all officers and per8 ns in the Civil K

Service of Her Majesty; all officiating ministers of religion within the meaning of

Act No. 12 of 1842; all medical practitioners holding the licence of the Medical Board; all officers of the Army or Navy on full pay; all masters of vessels actually trading; all licensed pilots; all household officers and eervants of the Governor of the said Province; and all sheriff's officers, all District Council clerks, rangers, and constables; telegraph clerks, station-masters, engine-drivers, and guards.

And when you have made out such list, you are required, on the first three Mon- days in October next, on the principal door of every Post Office, l'olice or other Court, and Town Hall or Council Chamber within your corporation or district, to affix a notice to the following eff'ect:--'.Take notice that the list of men qualified to serve cn Jiuics resident in the District Council [or Corporate Town] of

now lies at my office for inspection; and that all objections to the said list will be heard by the Local Court of, on the of next, a t the hour

of

3 at

."

And you must ailom any inhabitant t;f the above-

named district [or Cvot.romtion~

to inspect the same a t any reasonable hour during

the three first weeks of October ncst, gratis. And you arc 'also further required to produce the said list a t such Local Court, bringing with you the rate books of your Corporation or District, and thcre to answer on oath such questions as shall be put to you by Hcr Majesty's Justices of the Pcace there present touching

the said list. And thcse sevcral rnattcrs you are in no wisc to omit, under liability

to a penalty of Fifly Pounds,

Given under my band and seal of office, at Adelaide, on the

day of

186 .

TV, R. B., Sheriff.

f i r m of

Return.

District CoumiE [or Corporation]

The return of the Clerk of the District Council

Of

to toit.

)

or Corporation] of

, of men qualified

to serve on Juries.

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A.&, Clerk of

In the name and on behalf of the Queen I hereby assent to

this Act.

I). DALY, Governor.

7

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