Jurors and Juries Consolidation Act 1847 No 20a (NSW)
No. XX.
An Act to consolidate and amend the Laws
relative to Jurors and Jur ies in New South
Wales. [17th September, 1847.1
| WH E R E A S | for t h e t r ia l of civil and cr iminal issues in t h e Colony of | New |
t h e Laws re la t ive to the formation and r e t u r n of jur ies
| Sou th are n u m e r o u s and for the most pa r t t empora ry | and | it is |
expedient to consolidate and a m e n d t h e same Be it therefore enacted by H i s Excel lency t h e Governor of N e w South W a l e s by and wi th t h e advice and consent of t he Legislat ive Counci l thereof T h a t every m a n except as hereinafter excepted above the age of twenty-one years res iding wi th in t h e Colony of N e w South Wales who shall have wi th in t h e said Colony in his own n a m e or in t r u s t for h i m a clear year ly income ar is ing out of l ands houses or o ther rea l es ta te or a clear year ly income ar is ing pa r t ly from real a n d pa r t ly from personal
| es ta te of a t least t h i r t y pounds by t h e year or a clear rea l or | personal |
| Supreme Cour t Commissioners of t h e Cour t s of Reques t s Cha i rman of the Cour ts of Genera l and Q u a r t e r Sessions of t he Peace and all minis ter ia l officers of t he said Cour ts respectively all M e m b e r s of the Execu t ive and Legis la t ive Councils for t he said Colony and the respective minis ter ia l officers thereof all persons ho ld ing offices unde r the Depar t m e n t s of t he Cus toms and Colonial Dist i l leries and of t h e Colonial Secretary t he Surveyor Genera l the Treasury Aud i t Office and Pos t Office respect ively t h e persons respectively hold ing the office of M a y o r Town Clerk and Pr inc ipa l Surveyor of t he City of Sydney and of t h e Town of Melbourne all c le rgymen in holy orders priests of t h e R o m a n Cathol ic fai th and other minis ters of rel igion hav ing established congregat ions all bar r i s te rs a t to rneys solicitors and proctors duly admi t ted to prac t i se and actual ly prac t i s ing all coroners and gaolers all phys ic ians surgeons apothecaries and druggis t s in ac tual practice | all |
es ta te of t h e va lue of a t least t h r ee h u n d r e d pounds shall be qualified and shal l be l iable to serve on ju r ies for t h e t r i a l of all issues civil and cr iminal and for the assessment of damages in all act ions a t law in th i s Colony.
2. Provided always and be i t enacted T h a t all J u d g e s of t he al l mi l i t a ry and nava l officers on full pay all l icensed pilots and mas te r s of vessels ac tua l ly employed in t r a d i n g all sheriff's officers s t ipendiary magis t ra tes constables a n d peace officers all household officers and servants of t h e Governor of t h e Colony all schoolmasters and par i sh clerks or such o ther persons e i ther ho ld ing office or be ing in t h e publ ic service as t h e Governor of t h e Colony m a y t h i n k i t expedient to exempt and shal l accordingly exempt from service on ju r ies (and of which exempt ion not ice shal l be given to t he Sheriff) e i ther genera l ly or for a l imi ted period all m a n a g i n g di rectors m a n a g e r s cashiers and te l lers of any b a n k i n g es tab l i shment all persons above t h e age of s ixty years who shal l c la im exempt ion a t any Cour t of P e t t y Sessions he ld for correc t ing t h e j u r y l ist as hereinaf ter provided a n d
all persons incapaci ta ted from d i scharg ing t h e d u t y of j u r y m e n b y
disease or inf i rmity shall be a n d a re he reby absolute ly freed a n d
exempted from be ing r e t u r n e d and from serv ing u p o n any jur ies
whatsoever and shal l n o t be inser ted in t h e l ists to be p repared b y
v i r tue of th i s Act .
3 . P rov ided also a n d be it declared a n d enacted Tha t no m a n
no t be ing a n a t u r a l bo r n subject of t h e Queen a n d n o m a n who h a t h been or shall be a t t a in t ed of any t reason or felony or convicted of any cr ime t h a t is infamous (unless he shal l have obta ined a pa rdon thereof or shall be wi th in t h e benefit a n d pro tec t ion of some Ac t of P a r l i a m e n t
g iv ing t h e force and effect of a pa rdon u n d e r t he Grea t Seal for such cr ime) a n d n o m a n w ho h a s been twice convicted in any p a r t of t h e Br i t i sh dominions of any t reason felony or infamous cr ime is or shall be qualified to serve on any j u r y unde r th i s Ac t .
4. A n d be i t enac ted T h a t t he Pol ice Dis t r ic t of Sydney shal l be
t h e j u r o r s ' d is t r ic t for Sydney in respect of all Cour ts to be holden wi th in t h a t ci ty by or before t h e Supreme Cour t or any J u d g e thereof
and t h a t t h e said Police Dis t r ic t of Sydney aforesaid shal l be t h e j u r o r s '
d is t r ic t for t h e said city in respect of all Cour t s of Q u a r t e r Sessions
held t h e r e i n and t h a t all o ther p a r t s of t h e Coun ty of Cumber l and
w i t h o u t t h e said Police Dis t r ic t of Sydney shal l be t h e j u r o r s ' distr ict
for t h e Town of P a r r a m a t t a a n d t h a t t he j u r o r s ' d is t r ic t for every o ther t o w n or place wi th in t h e said Colony a t which any Cour t for t h e t r i a l by j u r y of civil and cr iminal issues and t h e assessment of damages or any Cour t of Genera l or Q u a r t e r Sessions of t h e Peace has been or shal l hereafter be appoin ted to be ho lden shal l comprise a circui t of t h i r t y miles a round every such t o w n or place a n d be called t he " j u r o r s '
d is t r ic t " for such t o w n or place Provided a lways t h a t wherever a n d
whenever from t h e re la t ive dis tances of t h e places for ho ld ing any t w o
of such las t ment ioned Cour ts t h e said circui t of t h i r t y miles a r o u n d
each of t h e m would in t he direct ion be tween t h e m be par t ia l ly ident i cal t hen t h e respective j u r o r s ' distr icts for such Cour t s respectively shal l in such direct ion as aforesaid be l imi ted a n d bounded by a
s t r a igh t l ine be tween t h e points of in tersect ion of such circuits .
5. A n d be it enac ted T h a t t h e Clerk or senior Clerk of P e t t y
Sessions if t he r e be more t h a n one of t h e police dis t r ic t in which
shal l be s i tua ted a n y t o w n or place where any such Cour t for t h e t r i a l by j u r y of civil and c r imina l issues a n d assessment of damages or of
Genera l or Qua r t e r Sessions of t h e Peace has been or shal l hereafter be appoin ted to be holden shall w i t h i n t h e first week in A u g u s t in every year issue a not ice in wr i t ing to t he Chief Constable of t he said police distr ict i n t h e form in Schedule A here to annexed requ i r ing
h i m to m a k e out before t h e fifteenth day of September t hen n e x t ensu ing a t r u e list of all m e n wi th in t h e j u r o r s ' dis tr ict of such town or place liable to serve on ju r i es according to th i s Act and shall a t t h e same t i m e furnish h i m wi th t h e form of R e t u r n set for th in t he Sche dule here to annexed marked B .
6. A n d be i t enacted Tha t t h e Chief Constables in every such
police dis t r ic t as aforesaid shal l for thwi th after t h e receipt of t h e said not ices p repa re and m a k e out in a lphabet ical order a t r u e list of every m a n res id ing wi th in the i r respective j u r o r s ' distr icts and be ing wi th in t h e dis tances hereinbefore specified respectively who shall be qualified a n d l iable to serve on jur ies as aforesaid wi th t h e t r u e Chr is t ian and
| s u r n a m e | correct ly | and legibly wr i t t en | a t full | l eng th | and wi th t h e | t r u e |
| residence degree call ing or business and n a t u r e of t h e | qualification |
of every such m a n in t he proper columns of t he said form of r e t u r n and t h e Chief Constables of other police distr icts wi th in which por t ions of any such j u ro r s ' distr icts as aforesaid m a y happen to be are hereby requi red to assist such first ment ioned Chief Constables in p r e p a r i n g and m a k i n g out such lists as aforesaid by communica t ing to t h e m respectively t h e residences names addi t ions a n d n a t u r e of qual i fications of all persons wi th in such last ment ioned police distr icts as shal l be l iable and qualified to serve on ju r ies a t any such t ime or place as aforesaid.
7. A n d be i t enacted Tha t t h e Chief Constable of each police distr ict w i th in which any such town or place as aforesaid shal l be s i tua te hav ing made ou t according to th is Ac t a list of every m a n qualified and l iable to serve on ju r ies as aforesaid shall w i th in the first week of t he m o n t h of September fix a t r u e copy of such list upon the pr incipal doors of t h e Cour t Houses in his j u r o r s ' dis tr ict hav ing first subjoined to every such copy a not ice subscribed wi th his n a m e and s t a t ing t h a t all objections to t he list will be heard by t h e Jus t i ces of t he Peace on t h e first Tuesday in t he m o n t h of October t h e n nex t a n d shall l ikewise keep the or iginal list or a t r u e copy thereof to be inspected by the inhab i t an t s of t he said j u ro r s ' distr ict a t any reasonable t i m e wi th in t he m o n t h of September w i t h o u t fee to the end t h a t due not ice may be given of any names improper ly inser ted or omi t ted in t h e said list.
8. A n d be it enacted That the said Clerks of P e t t y Sessions shall respect ively before t he twent ie th day of September in every year cause all t h e Jus t ices resident wi th in t h e j u r o r s ' distr icts respectively to be s u m m o n e d to a t t end a Special P e t t y Sessions a t t he usua l places of meet i ng of t he P e t t y Sessions for t he police distr icts in which such towns or places as aforesaid shall be s i tuate on t h e first Tuesday in t he m o n t h
| of October t h e n n e x t for t he purpose of correct ing and | al lowing | t h e |
j u r y list for such j u r o r s ' distr icts and the said Jus t i ces shall hold a Special P e t t y Sessions accordingly and the said Jus t i ces or any two of
| allowed as hereinaf ter provided and t h e Chief Constable of every such | t h e m shal l sit de die in diem un t i l t he said lists shall be corrected and |
| distr ict shal l t h e n and there produce the list of m e n qualified and l iable to serve on ju r ies as aforesaid by h im prepared and made out as hereinbefore directed and the reupon the Jus t i ces a t t end ing such Sessions shall examine the said list and shall s t r ike out theref rom the names of all persons not l iable to serve or disqualified from serving u p o n such ju r ies and also t he names of those who are disabled by lunacy or imbecil i ty of mind or by deafness bl indness or o ther pe rma n e n t infirmity of body and also the names of all m e n of bad fame or of immora l character and repu te and i t shall be lawful for such Jus t i ce s to inser t in such list all names improper ly omit ted and to correct all errors and inaccuracies there in and if t he said Jus t i ces shal l be divided in opinion upon any quest ion as to t he s t r ik ing ou t or add ing of any n a m e the decision thereof shall be de termined by bal lot a n d w h e n every such list shall be duly corrected a t such Sessions i t shal l be allowed by the Jus t i ces present or two of t h e m who shal l sign t h e original list and two fair copies thereof wi th the i r a l lowance thereof and the Clerk of t he Bench at each such Court of |
I — V O L . 3 . P e t t y
P e t t y Sessions shall receive every list so allowed and for thwi th
t r a n s m i t one of such dupl ica te fair copies to t he Sheriff of t h e Colony a n d shall keep t h e said or iginal corrected list amongs t t h e records of h is office and have the other fair copy thereof ready to he produced in t he Supreme Cour t or Circui t Cour t or in any Cour t of Q u a r t e r Sessions w h e n the same shall he requi red therein .
9. A n d he it enacted T h a t t he said Sheriff shal l keep the l ists so t r a n s m i t t e d to h i m by t h e Clerks of t he Benches a m o n g the records of his office and shall wi th in t e n days from the receipt of t he said lists cause to be fairly and t r u l y m a d e out theref rom a book for each such j u r o r s ' distr ict as aforesaid to be called t h e " j u r o r s ' b o o k " for t h e dis t r ic t of (naming the district) and shall in t he said book cause to be t ranscr ibed the names of all persons conta ined in t h e said l ists for each j u ro r s ' distr ict toge ther wi th t he addi t ion of t h e respect ive residences degree call ing or business and qualifications of t h e said persons in a lphabet ica l order beg inn ing unde r each le t ter of t h e a lphabe t w i th t h e s u r n a m e of each person and such " j u r o r s ' book " shal l be kep t by t he said Sheriff a m o n g t h e records of his office and shal l be ready to be produced in Cour t u p o n t h e t r ia l of every issue and shal l be b rough t in to use on and from t h e first day of J a n u a r y after t h e al lowance of t h e said list a n d shal l be used for one year t h e n nex t following or un t i l a new list shall have been duly prepared corrected and allowed in and for ano ther year.
10. A n d be i t enacted Tha t immedia te ly after m a k i n g out t he
said " j u r o r s ' books " respectively t h e Sheriff shall m a k e out from each of t h e said books a list of t he names of every m a n the re in described as a n Esqu i re or person of a h igher degree or as a Ju s t i ce of t h e Peace or as a M e r c h a n t (such m e r c h a n t not keep ing a general re ta i l shop) or as a B a n k Director or as a M e m b e r of t h e Council of t h e Ci ty of Sydney or Town of Me lbourne and shall in such list inser t t he said names in a lphabet ical order toge ther wi th t he respective places of abode a n d addi t ions of t he said persons and shall prefix to every n a m e in such list i ts proper n u m b e r from the first n a m e down to t h e last in a r egu la r a r i thmet ica l series and every such list shall be called " t he special j u r o r s ' l i s t " for t h e same distr ict as t h e said " j u r o r s ' b o o k " from which it has been so m a d e ou t and shal l be by t h e said Sheriff annexed there to to be kept and produced the rewi th and t h e said Sheriff shal l for thwi th t r ansmi t a copy of each of such special j u r y lists to t he Clerks of t h e P e t t y Sessions from whence he shal l have received t h e general list from which t h e same shall have
been ex t rac ted and such special j u r y list shal l be k e p t by t h e said Clerk of P e t t y Sessions ready to be produced in any such Cour t as
aforesaid w h e n requ i red there in . 1 1 . A n d be i t enacted Tha t in case t h e Governor of the Colony
of N e w Sou th W a l e s shal l by any p roc lamat ion or proc lamat ions issued a n d publ ished as by law is requ i red direct a Circui t Cour t or Circui t Cour t s or any Cour t of Genera l or Q u a r t e r Sessions of t h e Peace to be holden a t any town or place where provision shall no t have been there tofore m a d e for t he p repa r ing and se t t l ing of t he j u r y lists for such town or place i t shal l be lawful for t h e said Governor to direct t h e Bench of Mag i s t r a t e s of t he distr ict where in such t o w n or place shall be s i tua te to cause j u r y l ists for such town or place to be prepared and the reupon t h e said Bench of Magi s t r a t e s shall i n p u r s u a n c e of such direction and they are hereby au thor ized and requi red to p repa re and cause to be p repa red w i th in th ree m o n t h s after t he receipt of any such direct ion lists of all j u r o r s w i th in t h e j u r o r s ' dis tr ict for such town or place and t h e r e u p o n the Clerks of P e t t y Sessions Chief Constables Jus t i ces and Sheriff shal l do and perform wi th in t h e said period of t h ree m o n t h s all such acts m a t t e r s and th ings in and towards p repa r ing
cor rec t ing
| correc t ing a n d | al lowing the j u r y | lists and m a k i n g | out t h e j u ro r s | hook |
| and special j u r y l ist for every such j u ro r s ' district | as are hereinbefore |
r equ i r ed to be ordinar i ly done in t h e m o n t h s of A u g u s t September and October in each and every year and all such j u r y lists when set t led shall come in to force and t h e persons whose names shal l be the re in set down shall be l iable to serve as j u r o r s immedia te ly after t h e j u r o r s ' book for such newly appointed t o w n or place shall have been m a d e ou t by t he said Sheriff and each of t h e said l ists shall respectively con t inue in force un t i l new lists shal l have been allowed and a new ju ro r s ' book shall have been made out u n d e r t h e provisions hereinbefore contained.
12. A n d be it enacted Tha t it shal l be lawful for t h e Chief
| J u s t i c e | of t he Supreme Court of N e w South W a l e s t he Res ident J u d g e |
for the "District of Por t Ph i l l ip and any C h a i r m a n of t he Cour ts of Genera l and Q u a r t e r Sessions of the Peace and they are hereby respec tively requi red from t ime to t ime and as often as occasion shall demand to issue a precept or precepts u n d e r the i r h a n d s a n d seals according to t h e form set forth in t he Schedule here to annexed marked C to be called a " general j u r y p recep t" and to be directed to t h e Sheriff of t h e Colony r equ i r ing h im to s u m m o n ju r o r s for t h e t r i a l of issues and assessment of damages in t h e said Supreme and Circui t Cour t s and in t h e said Cour ts of Genera l and Q u a r t e r Sessions Provided always t h a t
| t h e said | " general j u r y p recep t" shall no t a t any one t ime requi re t he |
said Sheriff to s u m m o n more t h a n forty-eight no r less t h a n thir ty-s ix names of j u r o r s and shall specify t he t ime when and the place where t h e a t t endance of such j u ro r s is requi red and shall be issued and delivered to t h e said Sheriff e ight clear days before t he t ime so specified for such a t t endance if t h e same be requ i red in t he City of Sydney or Town of Me lbou rne and in all o ther cases fourteen clear
| days before t h e t ime of such | a t tendance . |
13 . A n d be i t enacted T h a t whenever a j u r y or ju r i es of twelve
or of four special j u r y m e n shall be requi red in t h e Supreme Cour t
0 1 in any Circui t Cour t of th i s Colony for t h e t r i a l of any issues as
hereinaf ter is provided it shall be lawful for t h e Chief J u s t i c e of the Supreme Cour t and the Res ident J u d g e for t h e Dis t r ic t of Po r t Phi l l ip (as t he case m a y require) and they arc hereby respectively directed from t ime to t ime and as often as occasion shal l demand to issue one or more genera l " special j u r y p recep t s " unde r his h a n d and seal accord ing to t h e form set forth in t he Schedule here to annexed
| ju r i es of twelve common ju ro r s shall be requi red it shall in l ike m a n n e r | marked C to be called " special j u r y p recep t s " and whenever a j u r y or | |||||
| be lawful for t h e said Chief Jus t i ce or Res ident J u d g e and he is hereby directed to issue a general common j u r y precept unde r his h a n d a n d seal according to t he said form to be called a " common j u r y p recep t " and such precepts respectively shal l be directed to t he Sheriff of t he Colony r equ i r i ng h i m to s u m m o n a competent n u m b e r of special | ||||||
| ||||||
| no r more t h a n th ree t imes t h e n u m b e r of t he j u r o r s to be impannel led and every such precept shall be issued and delivered to t he Sheriff e ight clear days before t h e t ime so specified for t he a t tendance of t h e j u ro r s if t he same be requi red in t h e City of Sydney or Town of Me lbou rne a n d in all other cases fourteen clear days before t h e t ime | ||||||
| ||||||
| cept " as hereinbefore provided shall bo delivered to t he Sheriff he shall and is hereby requi red to s u m m o n the persons whose names shall appear on t h e said " j u r o r s ' b o o k " for t he district w i th in which the a t t endance of the said j u ro r s is by t h e said " g e n e r a l j u r y p r e c e p t " required according to t h e order in which the said names so appear in |
said
said " j u r o r s ' book " from t h e first n a m e down to t he last u n t i l every such person shal l have been summoned in succession and the same order shall be observed in each succeeding year t h e Sheriff beg inn ing every year wi th t h e names in t h e " j u r o r s ' b o o k " for t h a t year nex t
after t h e names of t h e persons appear ing by t h e " j u r o r s ' b o o k " for
t h e year preceding to have been las t s u m m o n e d for such year and if
t h r o u g h any casual ty the re shal l be n o " j u r o r s ' b o o k " for any par
t i cu la r distr ict in exis tence for t h e cur ren t year i t shall be lawful t o s u m m o n ju ro r s for such distr ict from the " j u r o r s ' b o o k " for t h a t dis t r ic t of t he year preceding and as often as a " special j u r y precept " shal l be delivered to t h e Sheriff he shal l and is hereby requ i red to s u m m o n t h e persons whose names shall appear in t h e special j u r y l ist for t h e j u r o r s ' district w i th in which t h e a t t endance of t h e said special j u ro r s shal l be requi red in t h e same order and subject to t h e same provisions in all respects mutatis mutandis as a re above prescr ibed
wi th respect t o t h e s u m m o n i n g of j u r o r s u n d e r a general j u r y precept
Provided always t h a t no Jus t i ce of t h e Peace shall be summoned or impanne l led as a j u r o r to serve a t any Genera l or Q u a r t e r Sessions of
t h e Peace Provided also t h a t t h e n a m e s of all persons so summoned in p u r s u a n c e of each such " genera l j u r y p r e c e p t " whe the r issued by t h e
said Chief Ju s t i ce resident J u d g e or C h a i r m a n shal l be chosen in t h e m a n n e r a n d succession hereinbefore r equ i red wi thou t any fur ther dis t inc t ion whatsoever pr ior i ty be ing given by t h e said Sheriff to every such " genera l j u r y precept " according to t h e t ime of i ts receipt a t
h is office.
15 . A n d be i t enacted T h a t u p o n t h e receipt of any such
" genera l j u r y p recep t " or " special j u r y p recep t " t he Sheriff shal l for thwi th issue a s u m m o n s in wr i t i ng to t h e several j u r o r s so requi red to be s u m m o n e d signed by himself or his depu ty to t h e effect as in t h e Schedule D to th i s A c t annexed and t h e said s u m m o n s shall be delivered to every such j u r o r or shal l be left a t his usua l place of abode a t least four clear days before t h e a t t endance of such j u r o r is requi red in t h e City of Sydney or Town of Me lbourne and in all o ther cases a t least e ight clear days before t he t ime specified for such a t t endance .
16. A n d be i t enac ted T h a t u p o n t h e day and a t t h e place
n a m e d in every such " j u r y p recep t " for t h e appearance of t h e j u r o r s t he reby requi red to be summoned t h e Sheriff shall by himself or h is depu ty r e t u r n t h e said " j u r y p recep t " in to t h e Cour t holden a t t h e
place where such j u ro r s are so requi red to a t t end and shall annex to t h e said " p recep t " a pane l conta in ing t h e names in a lphabet ical order of t h e persons so summoned by h i m in pu r suance of t h e said " j u r y p recep t" and shall also the rewi th furnish to t h e Clerk of t he said Cour t t h e names of t h e said persons w i t h t he i r respect ive addit ions and places of abode wr i t t en upon separate pieces of card each piece of card be ing
as near ly as m a y be of equal size Prov ided t h a t no omission or infor
ma l i t y w i th respect to any l is ts or precepts or panels r e t u r n e d in
p u r s u a n c e of th i s A c t shall affect or inva l ida te any verdict r e t u r n e d by a j u r y which shall in o ther respects be according to law.
17. A n d be it enacted Tha t al l cr imes and misdemeanors prose cuted in t he Supreme Cour t t h e Circui t Cour t s or Cour t s of
Genera l
and Q u a r t e r Sessions shal l be t r ied by a j u r y consis t ing of twelve men chosen a n d r e t u r n e d according to t h e provisions of th i s A c t and every such j u r y shall be subject to t he same ru les regula t ions a n d m a n n e r of proceeding as are observed upon any cr iminal t r ia l in t he Cour t of Queen ' s Bench in E n g l a n d as near ly as may be and so far as t h e same m a y not be specially provided for in th i s Act .
18. A n d be it enacted Tha t as often as any appl icat ion shal l be
m a d e to the Supreme Cour t by H e r Majes ty ' s A t to rney Genera l oro ther prosecutor or by or on behalf of any defendant in any cr iminal
cause
cause depending in t h e said Sup reme Cour t or in any Circui t Cour t for a special j u r y to t r y t h e issue in such cause (except in cases of t reason or felony) i t shall he lawful for t h e said Cour t to order a special j u ry to he s u m m o n e d for t h e t r i a l of such issue and every such special j u ry shal l he t a k e n from the special j u r o r s ' l ist for t h e j u r o r s ' d is t r ic t w i th in which such cause is to be t r ied and shall be summoned s t ruck and sworn in l ike m a n n e r as is hereinaf ter directed and provided for s u m m o n i n g s t r ik ing and swear ing special ju r i es for t he t r ia l of civil issues and shal l be liable to the same fines and forfeitures a n d ent i t led to t h e same exempt ions as are hereinbefore author ized wi th respect to such ju r i es Provided however t h a t any defendant m a k i n g appl icat ion
| for a special j u r y shall serve a not ice in wr i t i ng | of such appl icat ion |
| upon t h e A t t o r n e y Genera l or o ther prosecutor a t least four clear | days |
| before t h e t ime of his m a k i n g t h e | same. |
19 . Provided always and be i t enacted T h a t t h e Supreme Cour t
and Circui t Cour t s and all Cour ts of Oyer and Terminer and G a o l ' Delivery a n d Cour ts of Genera l and Q u a r t e r Sessions of t h e Peace shall respectively have and exercise t h e same power and au thor i ty as they have heretofore had or exercised in i ssuing any wr i t or precept or in m a k i n g any award or order orally or otherwise for t he r e t u r n of a ju ry for t h e t r i a l of any issue before any of such Cour ts respectively or for t h e amend ing or en la rg ing any pane l of ju ro r s r e tu rned for t h e t r i a l of any such issue and t h e r e t u r n to every such wr i t p recep t award or order shall be m a d e in t h e m a n n e r heretofore used and accus tomed in such Cour ts respectively in E n g l a n d save a n d except
| t h a t t h e j u ro r s shal l be qualified | according to th i s | Act. |
20. A n d be i t enacted Tha t (except in such cases as are herein after ment ioned) all act ions a t law and all civil issues of fact in t he Supreme Cour t shal l be t r ied and all damages and sums of money recoverable in any such act ion after j u d g m e n t by default or upon demur re r other t h a n such damages as are usual ly assessed or computed by t h e Cour t or some officer thereof shal l be assessed before one or more J u d g e or J u d g e s of t h e said Cour t whe the r t h e t r i a l or assessment shal l be h a d in t he said Cour t or in any Circui t Cour t in th i s Colony by a j u r y consist ing of four persons duly qualified according to law as
| special | j u ro r s and r e t u r n e d and chosen as hereinafter | ment ioned. |
2 1 . Prov ided a lways and be it enacted Tha t if e i ther of t h e
| par t ies plaintiff or defendant in any act ion a t any t ime after issue joined shal l apply to t he said Cour t for t h a t purpose in t h e same lawful for t h e said Cour t to order t h a t t h e t r ia l shal l be h a d by a j u r y m a n n e r as he would now have to apply for a t r i a l by j u r y i t shall be | consis t ing | of twelve persons who shall be r e t u r n e d u n d e r t he | provisions |
of th i s Ac t e i ther from amongs t t h e class of special j u ro r s or of common ju ro r s or in cases to be t r ied on Circui t pa r t ly from each class as t he Cour t shall t h i n k fit to order.
22. A n d be i t enacted Tha t in every such case of trial or assessment as aforesaid a n d in every o ther case whatsoever of t r ia l by j u r y unde r t h e provisions of th is Ac t when no o ther mode of proceeding is by th is A c t specially provided the j u r o r s and j u r y and every assessment or t r ia l by t h e m shal l as far as m a y be pract icable be subject to t he same ru les a n d m a n n e r of proceeding as would in E n g l a n d be observed in an act ion a t law in t h e Cour ts of Wes tmins t e r
| or on a t r ia l a t Nisi | Prius. |
23 . A n d be i t enacted Tha t u p o n call ing on for t r ia l by a j u r y
of twelve persons any c r imina l issue joined in the said Sup reme Cour t or Circui t Cour ts or in t he said Courts of Genera l and Quar t e r Sessions t h e Clerk of t h e Cour t shal l in open Cour t p u t t he pieces of card furnished by t h e Sheriff as before ment ioned into a box provided for t h a t purpose and shall draw out therefrom the said pieces of card
one
one after t he other u n t i l twelve men shall appear wi thou t j u s t cause of chal lenge wh ich said m e n be ing duly sworn shal l be the j u r y to t ry such issue and in case t he whole n u m b e r of t he said cards shal l be exhaus ted by chal lenge or o therwise before twelve m e n are duly sworn it shall be lawful for e i ther t h e Crown or t he pr isoner to p ray a tales
whereupon t h e Cour t or J u d g e or C h a i r m a n as t he case m a y be may
command t h e Sheriff or h is depu ty for thwi th to appoin t as m a n y good and lawful m e n of t he bys tander s (being qualified a n d l iable to serve as j u ro r s for such dis t r ic t of t h e Colony) as m a y be sufficient to m a k e u p twelve m e n for t he t r i a l of t h e said issue Provided however t h a t t h e pieces of card con ta in ing t h e names of t h e j u r o r s so d rawn and sworn as aforesaid shal l be kep t apar t by themselves un t i l such j u r y shal l have given in t he i r verdict and the same shal l have been recorded or u n t i l such j u r y shal l by consent of t h e par t ies or by leave of t he Cour t be discharged and t h e n t h e said pieces of card shall be r e tu rned to t h e box the re to be kep t w i th t h e o ther names r ema in ing u n d r a w n a n d so toties quoties as long as any issue r ema ins to be t r ied Provided also t h a t where no objection shall be m a d e on behalf of t h e Queen or any other pa r ty it shall be lawful for t he Cour t t o t r y any such c r imina l issue wi th t h e same j u r y t h a t shal l have previously t r ied or been d rawn to t r y any other such issue w i t h o u t the i r names be ing r e t u r n e d to t h e box and r ed rawn or to order t he n a m e or names of any m a n or m e n on such j u r y w h o m bo th par t ies m a y consent to wi thd raw or who m a y be jus t ly chal lenged or excused by the Cour t to be set aside a n d ano ther or o ther names to be d rawn from the box and to t r y such issue wi th t he residue of such or iginal j u r y and w i t h such m a n or m e n whose n a m e or names shal l be so d rawn and who shal l appear and be approved as indifferent and so toties quoties as long as any such issue r ema ins to be t r ied by such ju ro r s .
24. A n d be i t declared and enacted Tha t chal lenge to t h e a r ray
a n d to t h e polls of j u r o r s m a y be m a d e a n d shall be allowed in every Cour t in t h e Colony for such and t h e l ike cause in such a n d t h e l ike form and m a n n e r a n d unde r and subject to t he l ike laws rules and regula t ions in every respect as by law is or a re established used and prac t i sed in l ike cases in H e r Majes ty ' s Cour ts of Record a t Wes t
mins te r Provided also t h a t in all inques t s to be t a k e n before any of
t h e Cour ts hereinbefore ment ioned where in t h e Queen is a p a r t y
n o t w i t h s t a n d i n g i t be alleged by t h e m tha t sue for t h e Queen t h a t
t h e j u ro r s of those inques t s or some of t h e m be not indifferent for
t h e Queen yet such inques ts shall no t r ema in u n t a k e n for t h a t cause b u t if they t h a t sue for t h e Queen will chal lenge any of those j u r o r s
t hey shall assign of the i r chal lenge a cause cer ta in and t h e t r u t h of t hesame chal lenge shall be inqu i red of according to t he cus tom of t h e Cour t and i t shall be proceeded to the t a k i n g of t h e same inquis i t ions as it shal l be found if t he challenges be t r u e or no t after t h e discretion of t h e Cour t Provided a lways t h a t n o t h i n g here in contained shall affect or be const rued to affect t he power of any Cour t to order any j u r o r to s tand by u n t i l the pane l shal l be gone t h r o u g h a t t h e p rayer of those p rosecu t ing for t h e Crown as has been heretofore accus tomed and t h a t no person a r ra igned for m u r d e r or o ther felony shal l be
admi t ted to any pe remptory chal lenge above the n u m b e r of twenty .
25 . A n d be it enacted That at t h e opening of t h e Cour t u p o n
any s i t t ing for the t r i a l of any civil issue unde r t h e provisions of th i s Ac t t h e Clerk or o ther minis te r ia l officer of t h e said Cour t shall p u t toge ther in a box provided for t ha t purpose t h e pieces of card furnished by the Sheriff as hereinbefore directed con ta in ing the names places of abode and addi t ions of t he j u r o r s r e tu rned in the j u r y panel and upon any such issue being called on to be t r ied such clerk or officer shall in open Cour t draw out the said cards one after ano the r un t i l twice t h e
n u m b e r
n u m b e r of j u ro r s requi red to be impanne l led shall appear and after all causes of chal lenge allowed shall r emain indifferent and approved of or un t i l t h e whole of such cards shall be exhaus ted and in case of a sufficient n u m b e r of t h e ju ro r s named on such cards no t be ing in a t t endance the full
| n u m b e r of j u r o r s so directed to be d rawn shal l be completed by | appoint |
m e n t of t h e Sheriff or his deputy from amongs t t h e bys tanders be ing persons r e tu rned in t he Sheriff's books as j u ro r s e i ther special or common .
26. A n d be i t enacted T h a t in civil issues upon twice t he n u m b e r of j u ro r s requi red to he impanne l led being completed a l ist of the i r names shal l be delivered by the Sheriff or his depu ty to the plaintiff or his a t torney or counsel by w h o m one-fourth of t h e whole n u m b e r of names contained in such list shall or m a y be s t ruck there from and the list so reduced shal l t h e n be delivered to t h e defendant
| or h is a t to rney or counsel | by whom an | equal n u m b e r of names | shall |
| or may be also s t ruck therefrom | and the j u r o r s whose names shall t h e n |
| r ema in upon such list or t he first | four or twelve j u r o r s | whose names |
shall t hen be the reon (as t he ease may require) shal l be t he j u r o r s for t h e t r i a l of t he issue or issues in quest ion and be sworn and impannel led accordingly and after every such t r i a l t he cards so d rawn as aforesaid shall be r e t u r n e d to t h e box to be kep t wi th t he o thers r ema in ing u n d r a w n and so tolies quoties as long as any issue shall r emain to he
| t r ied by | such | j u ry . |
27. Prov ided always and be it enacted Tha t where no objection shall be m a d e on behalf of any plaintiff or defendant it shal l be lawful to t r y any n u m b e r of different issues w i th t h e same j u r y t h a t shall have been previously d rawn for or have t r i ed any other issue or issues w i t h o u t hav ing the i r names r e t u r n e d to t he box or t h e Cour t or J u d g e may order t h e n a m e of any j u r o r or j u r o r s whom t h e par t ies may con sent to wi thd raw or who may be chal lenged or excused to be set aside and ano ther j u r o r or j u ro r s to he d rawn from the box from t h e names r e m a i n i n g undrawn and who shall be subject to t h e same mode of
| s t r i k i n g as t h e original | j u r o r | or j u ro r s | to t ry t h e issue | or issues | wi th |
| t he res idue of such original j u r y and so toties quoties | as long as any |
| issue shal l r ema in to be tr ied. |
28. A n d be i t enacted Tha t the provisions conta ined in t h e th ree
preceding sections shall be equal ly in force w i t h respect to all cases in which damages shall be assessed only Provided t h a t in every such case where t he defendant shall not appear ci ther in person or by
| the Clerk or o ther officer of t h e Cour t and the l ike course shall be | counsel or a t to rney the list of j u ro r s m a y be reduced on his behalf by | ||
| |||
| and e i ther of t h e par t ies plaintiff or defendant shall not so appear. | |||
| 29. A n d be i t enacted Tha t in every civil t r ia l or assessment of damages unde r th is Ac t where t h e j u r y shal l have remained six hour s or upwards in del iberat ion if all of t h e m shall no t agree as to the verdict to be given or a m o u n t of damages to be assessed the decision of three-four ths in n u m b e r of t h e m shall be t a k e n and entered as t he verdict or assessment of all and if after hav ing remained in t h e whole twelve hours or upwards in deliberation three-four ths in n u m b e r of t h e j u r o r s shall no t concur in any such verdict or assessment t hen such j u r o r s shall be discharged and t h e cause shall or may wi thou t any n e w process for t h a t purpose be aga in set down for t r ia l or assessment (as | |||
| |||
| |||
| 30. A n d be it enacted Tha t whenever i t shal l appear expedient t o any J u d g e of t he Supreme Cour t in any cause depending in t he said Cour t t h a t some of the j u r y should have a view of any place in dispute in t h e cause i t shall be lawful for such J u d g e to order such view |
upon
u p o n t h e p a y m e n t by t h e p a r t y app ly ing for the same of such s u m as
t o t h e said J u d g e m a y seem reasonable and such s u m shal l be pa id over to such j u ro r s as shall have such view and shall a t t end t h e t r i a l and shal l be t axed and allowed as other costs in t h e cause and two or more j u ro r s as t h e J u d g e shall direct m u t u a l l y chosen by t h e par t ies or in case t h e par t ies cannot agree nomina t ed by the Sheriff shal l be shewn t h e place by two persons appoin ted by the said J u d g e and in every such case t h e said viewers if in a t t endance upon t h e Cour t shall be the first of t h e j u ro r s n a m e d in t he Sheriff's l ist w h e t h e r they shall be in t h e pane l
r e t u r n e d for t he pa r t i cu la r day of t r ia l or not a n d shall no t be s t ruck
theref rom by e i ther p a r t y a n d such viewers so in a t t endance toge ther w i t h so m a n y of t h e j u r o r s whose names shal l first s tand on t h e reduced list as may be necessary to m a k e u p the full n u m b e r of j u r o r s requ i red shal l form the j u r y to t ry t h e cause.
3 1 . A n d be i t enacted Tha t every j u r o r summoned in p u r s u a n c e
of any precept as aforesaid who shal l a t t end the Supreme Cour t or any Circui t Cour t or any Cour t of Genera l or Q u a r t e r Sessions of t h e
Peace shal l for every day d u r i n g his a t t endance u p o n such Cour t
(whether he shal l have ac tua l ly served upon a j u r y or no t ) be ent i t led
to receive a compensat ion for such a t t endance a t t h e ra tes men t ioned
in t h e Schedule here to annexed m a r k e d E Provided however t h a t in all cases in which t he r e m a y be a r egu la r s t eam conveyance or t he passage can be convenient ly m a d e wholly or in p a r t b y wa te r t h e
a l lowance of such por t ion of t h e j o u r n e y as shal l be or m i g h t have been performed by wa te r shall be l imited to t h e ac tua l a m o u n t of t h e s teerage or cabin passage money payable according to t h e s ta t ion in life of t he j u r o r Provided also t h a t every t a l e sman serving wi th such
j u ro r s shall be ent i t led to t h e same compensat ion as a j u r o r res iding wi th in five miles of t he said Court . 32. A n d be it enacted Tha t in every act ion a t law the re shal l
be pa id by the plaintiff in to t h e h a n d s of t he P r o t h o n o t a r y (to be by h i m paid over to t h e Sheriff) on en te r ing the cause for t r ia l in every case of assessment of damages t h e s u m of one pound and in every case of a t r i a l by a j u r y of four t h e s u m of t w o pounds and in every case of a t r ia l by a common j u r y of twelve m e n t h e s u m of th ree pounds and
in every case of t r ia l by a special j u r y of twelve m e n t h e s u m of six pounds which said several a m o u n t s shal l be al lowed as costs in t he cause Prov ided t h a t when t h e order for such j u r y of twelve shall have been m a d e on t h e appl ica t ion of t h e defendant t h e said sum of t h r ee pounds or six pounds as t h e case may be shall be paid by such defendant
on t he m a k i n g of t h e order in to the hands of t h e P r o t h o n o t a r y (to be b y h i m paid over to t he Sheriff) or such order shall lapse and not t ake effect and t h e said sums toge ther wi th t he a m o u n t of all fines on j u r o r s shal l form a fund in t h e h a n d s of t he Sheriff for pay ing the expenses of civil j u r o r s as aforesaid and shal l be appl ied accordingly for t h a t purpose
a n d be accounted for by h i m in l ike m a n n e r as other pub l i c moneys are directed to be accounted for by t h e Sheriff.
3 3 . A n d be it enacted Tha t the p a r t y apply ing for or e lect ing a
special j u r y of twelve for t h e t r i a l of any civil issue shal l pay all expenses occasioned by the t r i a l of t h e cause by t h e same a n d shal l
n o t have any fur ther al lowance for t he same u p o n t axa t ion of costs t h a n such p a r t y would be ent i t led to in case t h e cause had been t r ied by a common j u r y or a j u r y of four as hereinbefore directed unless the J u d g e before w h o m t h e cause be t r i ed shall immedia te ly after t he
verdict certify u n d e r his h a n d t h a t t h e same was a cause proper to be
t r ied by a j u r y of twelve special j u r o r s . 34. A n d be i t enacted Tha t no m a n shal l be liable to be sum-
moned or impannel led to serve as a j u r o r u p o n any inquest or i nqu i ry
by
by or before any Sheriff or Coroner by v i r tue of any wri t of inqui ry or by or before any Commissioner appointed unde r t he Great Seal of the Colony or t h e Seal of t he Supreme Cour t who shal l no t be duly qualified according to th is Ac t to serve as a j u r o r Provided always
| t h a t | n o t h i n g | herein contained shall ex tend to any inquest before any |
| Coroner by v i r tue of his office b u t t h a t Coroners when ac t ing | otherwise |
| t h a n u n d e r | a wr i t | of inqu i ry | m a y respectively | t ake | and m a k e | all |
| inques t s and inquir ies by j u ro r s of t he same descript ion as they | have |
| been used and accustomed to do before t he pass ing of th i s Act | Provided |
however t h a t in th in ly popula ted dis tr icts it shal l be lawful for any Coroner at his discretion to swear a j u r y of any n u m b e r not less than live and t h e verdict of such j u r y shall be as valid and effectual in law as if t he accustomed n u m b e r were impannel led and sworn.
35 . A n d be it enacted Tha t every Clerk of P e t t y Sessions or Chief Constable whO shall wilfully neglect or refuse to execute any of t h e duties hereinbefore prescr ibed and appointed to be by h i m executed shall for every such neglect or refusal forfeit any sum not exceeding fifty pounds whereof one moie ty shall be paid to t he Colonial Treasurer for t he purposes of t he Genera l R e v e n u e of t he said Colony and the o ther moie ty shall with full costs go to any person suing for the same by action of debt in the Supreme Cour t or in any Cour t of Pe t ty Sessions in t h e said Colony to t he ex ten t of the jur isdic t ion of such Cour t .
36. A n d be it enacted Tha t every Jus t i ce of the Peace who shall have been summoned as hereinbefore directed to a t t end a t any Special P e t t y Sessions for correct ing and al lowing any j u r y list who shall fail or neglect to a t tend such Special P e t t y Sessions w i thou t any reasonable cause for such non-a t tendance shall be liable to a fine not exceeding t h e s u m of ten pounds which shall be summar i ly imposed by t h e Supreme Cour t of t he Colony upon t h e mot ion of the At to rney Genera l and upon t he fact of such non-a t tendance being duly proved on affidavit to t he satisfaction of t h e said Court and the Clerk of the Bench shall a t t h e said Special P e t t y Sessions m a k e an en t ry in wr i t ing of
| t h e n a m e of every Jus t i ce of t he Peace residing in t h e ju ro r s ' | distr ict |
| and so summoned as aforesaid d is t inguishing those t h a t | a t tended and |
those t h a t were absent a t t h e correction and allowance of t he said list as aforesaid and shall a t t he final ad journment of t h e said Special P e t t y Sessions t r ansmi t a certificate thereof to t he At to rney General
verified by declaration which certificate shal l be t aken to be prima
| facie proof of the non-a t tendance of t h e Jus t ices the re in s ta ted to have | been absent from the said Special P e t t y Sessions. |
| 37. A n d be i t declared and enacted Tha t t he Sheriff shall by himself or his deputy be in a t tendance upon t h e said Supreme Courts Circui t Cour ts and Cour ts of General and Quar t e r Sessions of the Peace wi th in t h e said Colony dur ing every s i t t ing of t h e said Courts and in every case of non-a t tendance u p o n any of t h e said Cour ts shall be liable to a fine not exceeding fifty pounds to be summar i ly imposed at the discret ion of the Cour t for such non-at tendance and if he shall neglect or refuse to discharge the duties hereinbefore required | |
| of h i m or shall otherwise fail well and faithfully to do and perform all or any of t he acts ma t t e r s and th ings hereby required to be by h i m | |
| performed he shall for every such breach of du ty he summar i ly fined a s u m no t exceeding fifty pounds at t h e discretion of the Court in re la t ion to which such duties acts ma t t e r s and th ings were required to be discharged done and performed. | |
| 38. A n d be it enacted That if any j u r o r who shall have had a view of any place in dispute in any cause according to the provisions hereinbefore contained shall make default when the cause in which he | |
| was appointed a viewer shall lie called on for trial it shall be lawful for |
K—voL. 3. the t he Cour t or J u d g e unless reasonable cause be shewn to set upon such viewer a fine not exceeding the a m o u n t of t en pounds over and above t h e fine to which he shall be liable unde r t h e provisions hereinafter conta ined for non-a t tendance as a ju ro r .
39. A n d be i t enacted Tha t if upon call ing over t h e names upon any j u r y panel r e tu rned as hereinbefore required any person appear ing the reon shal l fail to a t t end or after appearance shall wilfully wi thdraw himself from t h e presence of t he above ment ioned Cour ts it shal l be lawful for such Cour ts respectively a t the i r discretion summar i ly to impose any fine not exceeding twenty pounds upon the pa r ty so failing to a t t end or w i thd rawing himself unless good cause for such defaulter 's absence be made to appear on oa th to t he satisfac t ion of the said Cour ts respectively Provided always t h a t i t shall be lawful at any t ime for t he said Cour ts respectively to exempt from a t t endance either du r ing the Session or for any less period any person summoned as a j u r o r who may to such Cour ts respectively shew on oa th sufficient g rounds for such exempt ion Provided also t h a t no j u r o r
summoned for t he t r i a l of civil issues shal l be compelled to a t tend at any s i t t ings for more t h a n th ree consecutive days unless t he pres id ing J u d g e shall otherwise order.
40. A n d be it enacted Tha t if any m a n be ing duly summoned and r e tu rned to serve as a j u r o r upon any inques t or inqu i ry before any Sheriff or Coroner or before any of t h e Commissioners hereinbe fore ment ioned shall no t after be ing openly called t h r ee t imes appear and serve as a j u ro r every such Sheriff or in his absence t h e Under Sheriff and such Coroner and Commissioner respectively are hereby author ized and required (unless some reasonable excuse shall be proved on oath affirmation or solemn declarat ion if required) to impose such fine upon every m a n so m a k i n g default as they shall respectively th ink fit no t exceeding five pounds and every such Sheriff U n d e r Sheriff Coroner and Commissioner respectively shall m a k e out and sign a certificate con ta in ing the Chr is t ian n a m e and su rname t h e residence and t rade or cal l ing of every m a n so m a k i n g default toge ther wi th t he a m o u n t of t he fine imposed and t h e cause of such fine and shall t r ans mi t such certificate to t he Clerk of t he Peace for t h e county or district in which every such defaulter shall reside on or before t h e first day of t h e Q u a r t e r Sessions nex t ensu ing and every such Clerk of t he Peace is hereby requi red to copy the fines so certified on t h e rol l on which al l fines or forfeiture imposed at such Q u a r t e r Sessions shall be copied
and t h e same shall be estreated levied and applied in l ike m a n n e r and
subject to t h e l ike powers provisions and penal t ies in all respects as if
they had been p a r t of t he fines imposed at such Quar t e r Sessions. 4 1 . A n d be i t declared and enacted Tha t any person who shal l
cor rupt ly influence or a t t emp t to influence any j u r o r and every j u r o r consent ing there to shall be gui l ty of a misdemeanor and shal l u p o n conviction thereof in any Cour t of competent jur isdic t ion be l iable to fine and impr isonment a t t h e discret ion of such Cour t .
42. A n d be i t enacted Tha t all fines imposed unde r t h i s Ac t
by t he said Supreme Cour t or Circui t Cour ts or by any J u d g e thereof shall be levied in t he same m a n n e r as any other fines imposed by the Supreme Cour t or in the m a n n e r nex t hereinafter ment ioned and all fines imposed by any Cour t of General or Qua r t e r Sessions or by any Cha i rman thereof by v i r tue of th i s Ac t shall be levied a n d recovered
in t he m a n n e r appointed by t h e Ac t of t h e Governor and Legislat ive
Council passed in the second year of H e r Majesty 's re ign in t i tu led " An Act for the more effectual recovery of Fines and enforcement of "forfeited Recognizances imposed and entered into by and before " Justices of the Peace in New South Wales " and all such fines how
soever
soever imposed shall go and he applied to the fund hereinbefore
provided for t he paymen t of ju ro r s .
43 . A n d be i t enacted Tha t in all m a t t e r s and th ings to be done
in t he Dis t r ic t of Po r t Phi l l ip unde r and by v i r tue of th i s A c t which are no t specially provided for herein the words " Governor " " Supreme C o u r t " " J u d g e " " At to rney G e n e r a l " " P r o t h o n o t a r y " and "Sheriff" as often as they occur t h roughou t th i s Act shall be held respectively to be applicable to the Super in tendent Supreme Cour t Res ident J u d g e Crown Prosecutor D e p u t y Reg i s t r a r and Depu ty Sheriff of the said
| Dis t r ic t | of | P o r t | Phi l l ip . |
4 1 . A n d be i t enacted Tha t th is Act shall commence and take
effect on the first day of October nex t and t h a t from and after t ha t date t he Acts passed in the second fourth and fifth years of the reign of K i n g Wi l l i am the F o u r t h and respectively in t i tu led " An Act to " amend an Act intituled ' An Act for regulating the constitution of " ' Juries for the Trial of Civil Issues in the Supreme Court of New South " ' Wales' " "An Act to continue for a limited time an Act of the " Governor and Council of New South Wales intituled ' An Act for " ' regulating the constitution of Juries and for the Trial of Issues in " ' certain cases in the Supreme Court of New South Wales' and to " make further provision for Trial by Jury in Criminal Cases in the said " Colony" " An Act to continue for a limited time an Act of the " Governor and Council of New South Wales intituled 'An Act for " ' regulating the constitution of Juries and for the Trial of Issues in " certain cases in the Supreme Court of New South Wales ' and to
| " make further | provision | for | Trial | by Jury" | and also an Act |
| passed in t h e second year of H e r present Majesty 's | re ign | in t i tu led |
| " An Act to provide for Trial by Jury at the Courts of | Quarter |
" Sessions to be held at Melbourne and Port Macquarie " and also two Acts passed in t he th i rd year of H e r present Majesty 's re ign in t i tu led respectively " An Act to make further regulation with respect
| " to Trial by Jury in Criminal Issues in the Colony of New South | Wales |
| "and to amend the form of proceeding in Criminal Prosecutions in " said Colony" and "An Act to provide for Trial by Jury at Courts of " Quarter Sessions to be held at Berrima" and also two other Acts passed in t he seventh and e ighth years of H e r Majesty 's reign in t i tu led respectively " An Act to further amend and continue for a " limited time an Act intituled ' An Act for regulating the constitution " ' of Juries and for the Trial of Issues in certain cases in the Supreme " ' Court of New South Wales " and " An Act to amend the Laws | " regulating Trial by Jury in New South Wales in so far as they relate |
| " to the Trial of Civil Causes" shall be repealed Provided always t h a t | |
| no Ac t repealed by any of t he Acts hereinbefore recited shall be revived by the repeal of t he said here in recited Acts . |
45. A n d whereas i t is expedient and necessary t ha t after the
passing of th is Act and in the present year one thousand eight hundred and forty-seven t h e lists of j u ro r s should be prepared publ ished and corrected in different mon ths from those hereinbefore ment ioned Bo i t enacted Tha t t he Clerks of P e t t y Sessions Chief Constables Jus t ices and Sheriffs shall du r ing the present year do and perform all such acts m a t t e r s and th ings in and towards p repa r ing publ i sh ing correct ing and
| a l te r ing | t he j u r y lists | and | m a k i n g out t he j u ro r s ' book and | special | j u r y |
list for each ju ro r s ' district wi th in t h e mon ths of October November and December as are hereinbefore required to be ordinari ly done in the m o n t h s of A u g u s t September and October in each and every year and all such j u r y lists when settled shall come into force and the persons whose names shall be there in set down shall be liable to serve as ju rors immedia te ly after the ju rors ' book for each district shall have been made out by t he Sheriff and each of such lists shall cont inue in force un t i l
new
new lists shall have been allowed and a new ju ro r s ' hook shall have been made out unde r t h e provisions hereinbefore contained Prov ided always t h a t un t i l such j u r y lists shall come in to effect unde r t h e provisions of th i s Ac t t h e j u r y lists which are now and shall be in operat ion a t t h e t ime of t h e pass ing thereof shal l cont inue in full force and effect.
S C H E D U L E S R E F E R R E D TO. A.
District
of
To the Chief Constable of the District of
T A K E NOTICE- that you arc hereby required to make out before the first day of
next a true list in writing in the form hereunto annexed containing the names of all persons
between the ages of twenty-one and sixty qualified to serve as jurors in your district.
B.
L I S T of all persons within the District of liable to serve on juries.
District and (Street if ill a Christ ian and Sur Title quali ty cal l ing Nature of qualification.
Town.) name (full length.) or business. Esquire .. .. ..
P a r r a m a t t a Grocer .. .. ..
Adams John Freehold £100 per annum.
Macquaric-street . . . . Sydney George-street
Bowles J ames . £100 of personal estate. c.
Form of Precept.
(To be adopted for general special or common juries of twelve and to juries of four.)
To the Sheriff of Or his deputy greeting—
P U R S U A N T to the Act of the Governor and Council in such case made and provided you are
hereby commanded that you cause to come before [here insert the style of the Court] to be holden at the Court House at on [here insert the day of the week]
the day of now next [or instant] good and lawful men of the jurors ' district for aforesaid duly qualified according to law as jurors (or as " common jurors" or special jurors according as the precept shall be intended to be a "general jury precept" " common ju ry precept" or " special ju ry precept") to make a j u ry of the country for the trial of all such issues of fact or other matters as shall be then required to be tried by a general ju ry of twelve men (or by a common j u r y or a special ju ry of four or of twelve men according as the precept shall be intended) A n d that you have then there the names of those jurors as by the law is required of you together with due proof of the service of a summons upon such of the said jurors as shall have been served and of the time and manner thereof and of the causes wherefore the others of such jurors have not been served with such summons and also this writ.
Given under my hand and seal at this day of A.D.
D
D.
Form of Summons.
| M E . A . B. (naming the juror) | you arc hereby required to appear as a juror in the Supreme |
or Circuit Court or Court of Quarter Sessions (naming the Court) to be holden at
on (here insert the day of the week) the day of next at ten o'clock
in the forenoon and you are there to attend from day to day unti l you shall be discharged
by the said Court under penalty of the fine by law imposed in this behalf.
(Signed) C. D. Sheriff.
E.
s. d.
Common jurors and jurors summoned under a General
J u r y Precept residing within five miles of the Court
per diem . . . . . . ... . . . . . . . . . 2 6 The same where residing more than five miles f rom the
Court per diem . . . . . . . . . . . . . . . 5 0
And for every mile of distance beyond five miles between 0 8
such juror 's residence and the Court . . . . . . (i.e. 4d. each way.) Special jurors summoned under a Special J u r y Precept if
residing beyond two miles and within five miles of the
Court per diem . . . . . . . . . . . . . . . 5 0 The same where residing more than five miles from the
Court per diem . . . . . . . . . . . . . . . 7 6
And for every mile of distance beyond five miles between 1 0
such juror 's residence and the Court . . . . . . (i.e. 6d. each way.)
Every bystander sworn on a trial . . . . . . . . . 5 0
0
0
0