Jury Act 1871 Amendment Act 1878 (WA)

WESTERN AUSTRALIA

AENO QUADRAGESIMO SEGUNDO

VICTORTN, REGIN}E

No. 25

An Act to amend The Jury Act, 1871.'

[Assented to 24th truly, 1878.

HEREAS it is expedient to amend The Jury Act, 1871 : Be Prea mble

W	Australia and its Dependencies, by and with the advice and consent of
it enacted by I-Es Excellency the Governor of Western the Legislative Council thereof, as follows :—

1. This Act may be cited as The Jury Act, 1871, Amendment Act, Short title

1878,' and the said Act of 1871, and this Act shall be taken and read Incorpolution

with 35 Vie.,

as one Act.

No. 8.

2. In any district in which a Court of General Sessions of the Peace has been appointed to be held, pursuant to the provisions of

In districts

where Quarter

Sessions are held,

an Ordinance passed in the ninth year of the reign of Her present

jury list need notbe transmitted to

Majesty, and numbered four, the jury list for such district finally

Sheriff

settled and certified in pursuance of the provisions of the said Act of 1871 need not be transmitted to the Sheriff, or transcribed in the Jurors' Book,' in pursuance of section fourteen of the said Act.

3. The jury list, settled and certified as aforesaid, in any district as aforesaid, in any year, shall be in force within such district until

Tory list revised and certified to be

in force till next

the jury list for an ensuing year has been settled and certified.'

revision

4. As often as in any such district as aforesaid a writ of venire facial or precept shall be addressed and delivered to the sheriff, bailiff,

Modeof summon-

ing petty jurors

or other officer of the court appointed in such district as aforesaid, in

42 VICTORILE. No. 25

Jury Act, 1871—Amendment

pursuance of section fifteen of the said Act, requiring him to empannel and summon jurors for the trial of any issue or issues, information or informations, such sheriff, bailiff, or other officer as aforesaid shall empannel and summon all persons whomsoever, inclusive of persons being on the special jury list, whose names shall be on the jury list in force within such district for the time being, according to the order in which they shall successively appear therein, until every such person shall have been empannelled and summoned in his turn ; and in case any such person shall make default in appearing to such summons, and in serving as a juror at the time and place therein specified, he shall be empannelled and summoned a second time on the then next common or petty jury, or oftener, until he shall have served, for such default or defaults ; and all and every person and persons whose name or names appear on the special jurors' list shall be liable to and be empannelled and compellable to serve as common or petty jurors, and shall be subject to all fines, forfeitures, and penalties, laws, ordinances, regulations, provisions, objections, challenges, rules, orders, and practice relating to or concerning common or petty jurors ; Provided, never- theless, that no person residing beyond a radius of twenty-five miles of the place of attendance shall be summoned to serve.

Governor in

appointing ses- 5. Whenever the Governor, by Proclamation made in pursuance of

sions to be held	the said Ordinance, shall appoint Courts of General Sessions to be
may appoint a
day for first	holden in any district, it shall be lawful for the Governor by the same
holding sessions
to settle lists	or another Proclamation to fix some day other than the Tuesday of the third week in the month of January, as the day for first holding the special sessions, for the revision of the jury lists in accordance with the provisions of section twelve of the said Act of 1871.
In districts
aforesaid,	6. In any such district as aforesaid, but in no other, Justices of the not be inserted in the jury list made out for any such district as first above-mentioned, or if they are inserted, such Justices may neverthe- less claim exemption.
Justices	Peace shall be exempted from serving on juries, and their names shall
of the Peace
exempted

H. Sm. GEORGE' ORD,

GOVERNOR.