Jury Act 1871 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO QUINT°

PICT RILE EGINAE.

No. VIII.

AN ACT to amend the Laws relative to Juries.

[Assented to, 8th August, 1871.]

HEREAS, -for the better and more effective administration of Preamble.

justice, it is expedient to amend the laws regulating the qualifications, summoning, attendance, and remuneration of Special and Common Juries, and otherwise to amend the laws as to trials by Jury ; Be it therefore enacted by His Excellency the Governor of Western Australia awl its Dependencies. by and with the advice and consent of the Legislative Council thereof, as follows:-

1 THIS Act may be cited for all purposes as " The Jury Act, Title.

1871," and shall not come into force till the thirtieth day of Act to come into force on :November.

November,	ovember, 1871.
2 THE word "Juror " shall mean male persons only.
3 WHEREVER, by the provisions of any Act or Ordinance Reference by any Ordi-

now in force anything is required to be done agreeably to the	nance to "The Jury Ordi-nanee, 18.58," to be read as
provisions or as prescribed by the " The Jury Ordinance, 1858." all	referring to this Act.

such

35° ITICTORTIE, No. 8,

" The Jury Act, 1871."

such matters and things shall henceforth be done as prescribed by

this Act.

Repeal of Ordimuices. 4 THE Ordinances mentioned in the First Schedule are hereby

repealed, except as to any proceeding had or now pending under the

said Ordinances, or any of them.

5 EVERY Jury shall consist of twelve persons: Provided,

Every Jury to consist of nevertheless, that nothing herein shall be construed to affect or in

txelye persons Coroners' Juries excepted. any way to alter the provisions of the Ordinance 27th Viet., No. 1, respecting Coroners' Juries, or to include writs of Inquiry before the Sheriff, when the Jury shall consist of six persons.

When issue of fact to be	6 WHENEVER an issue of fact is to be tried, or damages
tried, or damages assessed,

writ to issue to Sheriff to	assessed by a jury before a Court, or by virtue of a writ of inquiry
summon Jury seven clear	before the Sheriff himself, the writ or precept may be issued, tested
days before day of attend-
ance.	in the name of the Judge, directing the Sheriff to summon a Jury under the provisions of this Act for the trial of such issue or the assessing of such damages: Provided that application be made and such writ or precept be issued at least seven clear days before the attendance 6f such Jury shall be required.

Qualifications and 7 EVERY man (except as hereinafter excepted) between the

to serve as Jurors. ages of twenty-one years and sixty years residing within the said Colony, and who shall have within the Colony either in Ins own name or in trust for him real estate of the value of fifty pounds sterling clear of all incumbrances, or a clear personal estate of the value of one hundred and fifty pounds sterling or upwards, shall be qualified and liable to serve on Juries in all civil and criminal proceedings in the said Colony: Provided, nevertheless, that no person residing beyond a radius of twenty-five miles of the place of attendance shall be summoned to serve on any Jury or inquisition.

8 NO man not being a natural born subject or a naturalized

Risque'idea ions of ce ain

pereuns. subject of Her Majesty, and no man who in any part of the British dominions hath been or shall be convicted of any treason or felony, or of any crime that is infilmous, unless lie shall have obtained a free pardon thereof or shall be within the benefit and protection of some Act of Parliament giving the force and effect of a -free pardon under the Great Seal, is or shall be qualified to serve on any Jury under this Act.

9 THE following persons shall be exempted from serving on

Exemptions.

Juries, and shall not be inserted in the lists to be prepared by virtue

of this Act, or if inserted may claim exemption, that is to say:

imbers

35 0 'RCM TIE, No. 8. 3

" The Jury Act, 1871."

Members of the Executive and Legislative Councils, the officers of the Civil and Criminal Courts, persons holding office under the Im- perial Or Colonial Government, all ministers of religion, barristers, attorneys, solicitors admitted and in actual practice, and their managing clerks, " duly qualified medical practitioners," naval and military officers on fall pay, pilots, mariners actually employed, sheriff's officers and peace officers.

10 THE Resident or Police Magistrate of each district of the Colony, or (during a vacancy in that office) some other person to be	Jury Lists to be made out,
how, and by whom.
appointed for that purpose by the Governor for the time being shall, on or as soon as may be after the first day of January in every year after the passing of this Act, prepare or cause to be prepared a suitable number of lists of all persons qualified and liable to serve on Juries pursuant to the provisions hereof, and shall set forth in such lists the christian names and surnames, residences, titles, additions, and qualifications of such persons, respectively, according to the form in the Second Schedule, and shall subscribe each of the said lists with Ms own name, address, and description, accompanied by a declaration in writing signed in like manner, and averring that such list contains to the best of his knowledge, information, and belief the names of all persons within such district who are qualified and liable to serve on Juries according to the provisions of this Act.

11 THE Jury Lists shall within three days after the same shall p 0 still, of Lists, with

Magistrate, shall for that purpose appoint, together with a notice signed by the said Resident or Police Magistrate, or other appointee as aforesaid, stating that the Justices of the Peace of such district will hear, at a Special Sessions directed to be held for that purpose as hereinafter mentioned, all objections that may be urged to the said lists: And such Magistrate or appointee shall keep duplicates of the said lists, and exhibit the same gratuitously for the information of the inhabitants of the Colony to any person on application for that purpose at any reasonable time within fourteen days after the posting of such notice.

be so prepared be affixed to such conspicuous places in the said notice.'

12 A SPECIAL Sessions shall be held in each district of the pe essions to revise

Colony on the Tuesday of the third week in the month of January an	d settle Lists.	settle
in every year, to which all Magistrates within the district shall be duly summoned by the Resident or Police Magistrate of such district or appointee as aforesaid, and such Magistrate or appointee shall then and there produce the lists so prepared and verified as aforesaid or true

copies

35° IrICTORI2E 9 No. S.

" The Jury Act, 1871."

copies thereof, and the Justices so asembled shall proceed to elect their chairman, and shall examine such lists seriatim, and shall strike thereout the names of all persons not liable to serve or disqualified from serving as Jurors under the provisions hereof, and also of all persons who may be shown on evidence to be disqualified from doing so by deafness, blindness, mental infirmity, or any other cause which in the opinion of the said Justices shall amount to a disqualification, and the said Justices shall on the other hand insert in the said lists, either upon their own motion or upon the application of any one in the behalf the names of all persons whom they shall consider to have been improperly omitted from such lists: and they shall correct all errors and mistakes that may be found therein and finally settle the same, and the said lists when so settled shall be conclusive and shall continue in force for the current year and until a new list shall be settled as aforesaid and transcribed as hereinafter provided, and if any question shall arise respecting the striking out or adding of a name or otherwise respecting the settlement of such lists the same shall be decided by ballot.

Correetne.- cif sws o be

13 AFTER the said lists have been finally settled as aforesaid, a certificate shall be subjoined thereto and subscribed by the chair- man of the said Magistrates or by the said Resident or Police Magistrate or appointee, stating that the same have been carefully examined and corrected at such sessions according to the best of the knowledge, information, and belief of the major part of the Magis- trates, and that all the persons then named in such lists are qualified and liable to serve on Juries according to the provisions of this Act.

certified.

14 AS soon as the said lists shall be settled and certified as

Trans:mission ni ts to aforesaid they shall be immediately transmitted by the said chairman forthwith cause to be tran s cribed fairly in a book to be kept in his office for such purpose, and to be styled the " Jurors' Book," the names of x111 persons contained in such several lists respectively, with the additions of their re Tective residences, titles, and qualifications, and such Jurors' Book shall thereupon be and continue in force for the current year and until the jury lists for the year next ensuing shall be transcribed by the Sheriff into the Jurors' Book.

Sheriff ttife to !SC!

them 'one the t•	to the Sheriff for the time being, who upon receiving the same shall
Book,"
15 ALL jurors for the trial of any issue at such meetings of general sessions of the Peace as shall from time to time be convened under the authority of Her Majesty's commission of the Peace shall be summoned by virtue of a precept under the hands of two Justices, directed to the Sheriff, Br . or other officer of the Court.

In the Court	of gen :rat
session>.

85° VICTORIAE, No. 8.

" Tile Jury Act, 1871."

18 AS often as a writ of Venire Facias or precept shall be Summoning of commission

addressed and delivered to the Sheriff, requiring him to empannel or Petty Jurors.

and summon Jurors for the trial of any issue or issues, information

or informations, such Sheriff shall empannel and summon all persons

whomsoever, inclusive of persons being on the Special Jury List,

whose names shall be transcribed in the " Jurors' Book" according to

the order in which they shall successively appear therein, until every

such person shall have been empannellecl and summoned in Ins 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 empannellecl 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 empannellecl and compellable to serve as

common and 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, nevertheless, that no' person

residing beyond a radius of twenty-five miles of the place of attend-

ance shall be summoned to serve.

17 THE names of no less than twenty nor more than forty Number of Jurors to be

persons shall be included in any such Venire Faders or precept, summoned. Time of issuing

and such Jurors shall be summoned accordingly ; And every Venire PlaaaPta for, and of sum-moning common Jurors.

Facias or precept shall be issued at least seven clear days before

the attendance of such Jurors shall be required, and the said Jurors shall be severally summoned by the Sheriff, or other proper Officer, five clear clays before their attendance shall be required, and every such summons shall be in the form contained in the Third Schedule. Form of summons

And the summons shall be delivered to the respective persons Serv ice of summons. appointed for that purpose, the said Venire, with the panel of Jurors,

personally, or left with some adult member of their families or

households at the residence of the person so summoned ; And the

and shall cause a copy of such panel to be kept in his offic e for p erie a ‘To‘i (1,f,„,E,T,Ttro: h a

seven clays at the least before the sitting of the Court, and the parties in all cases, Civil and Criminal, at such sitting shall have full liberty to inspect such list without &e.

18 IN order to secure the fair and impartial trial of issues, upon .

Ol ltums to Common ee .

any criminal trial for felony, the prosecutor or the prisoner may Jurors, how regulated.

challenge twelve Jurors and no more, without cause assigned;

Provided that nothing herein. contained shall interfere with the right Challenge for cause.

of challenge for cause shown as established by law or usage. 19

6   350 ITICTORLE, No. S.

" The :fury Act, 1871."

13 IF any person duly summoned as a Common Juror

Fine on Common Jurors not	anendinn as required by pursuance of this Act shall make default, or fail to attend as required
SUMMORS. by the summons, then (unless some sufficient cause for such &hunt

shall be shown) upon proof being made to the satisfaction of the Court or Judge, of such person having been duly summoned as aforesaid, he shall incur a fine and forfeit a sum not exceeding twenty pounds, at the discretion of the Court or Judge to whom or before which the panel was returnable, and such fine or sum shall be levied and appropriated in like manner as all other fines and forfeitures.

Challenges to etc array, co.. 20 CHALLENGES to the array and to the polls of SCUMS may

C

be made and shall be allowed in every Court in the said Colony, for such and the like cause, in such and the like form and manner, and. under and subject to the like laws, rules, and regulations in every respect as by law established and used and practised in like cases in Her Majesty's Court of Record at Westminster.

21AT the sitting of any Court for the trial of any issue, the

Drawing the names of Common name of each Juror summoned as aforesaid shall be written or

Jurors	a
at t trials.

produced on a separate piece of paper or parchment, and put into a box, and when such issue is called on to be tried the ministerial officer of the Court shall in open Court draw therefrom until the names of a full Jury appear who are not open to a challenge, and after the trial such names shall be returned to the box to be

kept with the other undrawn names, and toties quoties, as long as

any issue shall remain to be tried.

22 WHEN a cause appointed to be tried by Common or Special

,vales. tales

P. Common Jury. Jury shall be called on, and a sufficient number of Jurors summoned

to attend such court shall not be in attendance, it shall be competent for either party to the cause to pray a tales, and the Court or Judge may then command the Sheriff or Ins deputy forthwith to summon as many good and lawful men of the bystanders (being duly quali- fied and liable to serve as Jurors) as shall be sufficient to make up a full Jury for the trial of such cause.

Allowances to Comruon23 EVERY Common Juror who shall attend the Supreme

by whom payable &e. legally constituted Court, to try civil issues in pursuance of any Slums in the Cecil Court— Court or the Court for Divorce and Matrimonial Causes, or any other

summons. shall be entitled to receive compensation for his loss of time and expenses at and after the following rate (that is to say): for every Jury upon which such Juror shall be summoned the sum of ten shillings per clay, and the sum of eight pence per mile of dist- ance between the place of residence of such Juror and the said

Court

35° ITICTORIITE, No. 8. 7

" The ,Tury Act, 1871."

Court. And such remuneration shall be paid by the parties to the causes to be tried, and for that purpose the party demanding the Jury shall deposit such sum of money as may be determined by any rule of Court or order of the Judge, and such deposit shall be made hi such manner, at such time, and with such officer as the Court or Judge may prescribe: and on the taxation of the costs all such sums shall be taxed and allowed by the Registrar or other proper officer of the Court in like manner as other sums paid or chargeable in the action.

2,4 ALL Jurors attending Criminal Sessions of the Supreme Payment to Jurors attend Criminal Sittings of -Court at Perth or Courts of GeneralQuarter Sessions in the Colony

Luigi :p.m° Court.

shall be entitled to receive payment at the rate of five shillings a day for each day of attendance and the sum of eight pence per mile of distance between the place of residence of such Juror and the said Supreme Court or Courts of Sessions.

25 IF in any case wherein the trial of any issue or issues is to Special Juries.

be had before a Jury either of the parties, plaintiff or defendant, shall make application to the Chief Justice or any Judge of the Court stating his desire to have the said issue or issues tried by a Special Jury constituted as hereinafter more particularly described, it shall be lawful for the Chief Justice or Judge to allow such application and direct a Special Jury accordingly.

26 EVERY man described in the Jurors' Book to be transcribed Their qualification.

and kept under this Act as an esquire or person of higher degree, or as a Justice of the Peace, or as a merchant (such merchant not keeping a general retail shop), or as a bank director, or possessing real or personal estate of the value of Five hundred pounds, shall be qualified and liable to serve on Special Juries for the trial of issues.

27 THE Sheriff shall, immediately after the making up of the Special Jurors' List—how

said Jurors' Book as prescribed herein, extract' from the said book

made up.

the names of all persons who shall be qualified and liable to serve on Special Juries Under this Act, and shall cause those names to be fairly and, truly copied out, together with their respective places of abode and additions, in a list to be called the " Special Jurors" List, which shall be written beneath the names in the general list in and form a portion of the Jurors' Book, and the said Sheriff shall prefix to every name in such special list its proper number, beginning with thenumbers from the first name and continuing them in a regular arith- metical series down to the last name, and shall cause the said several numbers to be written upon distinct pieces of paper or parchment

being

0 a L r.;

0 Ofr 71E9 No. 8,

" The Jury Act, 1811."

being all as nearly as may be of equal size, and after all the said numbers shall have been so written shall pat the same together M a separate drawer or box, and shall there safely keep the same, to be used for the purpose hereinafter mentioned.

Striking of	9 i3 WIITInT E TTRP thc, said Chief Justice or Judge shall have awarded a Special Jury for the trial of any issue, the Master or other proper officer of the Court shall appoint a time and place fbr the striking of such Special Jury, and the said officer at the time and place, being attended by the Sheriff, who is hereby required to bring with him the Special Jurors' Lists as contained in the said book and all the numbers so written out as aforesaid, shall, in the presence of the parties to the issue and of their attorney (if they choose to attend, and if not, then in their absence), put all the said numbers into a box to be by him provided for that purpose, and after they shall have been shaken together each party or his attorney shall draw alternately out of the box twenty of the said numbers one after the other, and the Master or other officer 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 twenty numbers have been so drawn and announced the said Sheriff shall prepare two lists of those names with the numbers as they are written in the Special Jurors' List, and shall deliver one list to the plaintiff and another to the defendant or their respective attorneys, and the twenty names
contained ill the lists so delivered shall be thereupon reduced to
sixteen by the plaintiff or his attorney, and the defendant or Ills attorney, each of them in the presence of the Sheriff striking out at
his discretion two iliames frOVCI the said lists, and then returning the
same respectively to the Sheriff.

Sumninning Snaeiai 2,9 AS soon as any Special Jury shall be struck as aforesaid, the

and drawing ;lases at	same shall be summoned by the Sheriff or his officer to attend the Court at the time appointed for the trial of such cause, according to such form and manner as is directed for summoning Common Jurors, mid the Sheriff shall on the day appointed for the trial deliver to the
"'-aster or other proper officer of the Court the said reduced lists,
together with the box from which the numbers were drawn, and shall put therein all the numbers corresponding with the names remaining on those lists, and the officer shall in open Court draw from the box one number at a time, and shall repeat aloud the corresponding name from the said lists until twelve men shall answer, and which said twelve Lei duly sworn shall be deemed and taken
ta) be litr• Special Jun y.

35 0 VICTORT.E 9 No. 8.

" The Jury Act, 1811."

go THE person or party who shall apply for a Special Jury for Fees to Sheriff, on striking

the trial of any civil issue shall pay to the Sheriff a fee of two guineas

Special Jury, &e.

on the striking of such Jury, and shall bear all extra expenses occa- sioned by the trial before the same, and shall not be allowed any further charges upon taxation of costs than such party or person would be entitled to in case the cause had been tried by a Common Jury, unless the Judge before whom the same is tried shall imme- diately after the verdict certify under his hand that the cause was a proper one to be tried by a Special Jury.

21 EVERY Special Juror who shall attend pursuant to sum-

mons for the trial of every such issue as aforesaid shall be allowed Allowances to Special

the sum of one guinea as compensation for his loss of time and ex-	Jurors, &c.
penses, in addition to the sum for mileage as is provided by section 23, which sums shall in the first instance be paid by the person or persons causing such Jury to be summoned, and such person or persons shall be allowed such sums over by the officer on the taxation of such costs in case of the granting of the certificate last aforesaid.

32 IF any Special Juror shall not attend on being duly sum-

moned, or otherwise make default in not appearing in pursuance of Fine on 9 1 T • •

such summons as aforesaid, then (unless some sucient cause for such at tending ' ileic)inIrs'uttont's ffi to

default shall be shown) upon proof being made to the satisfaction of S"nolls.

the Court or Judge of such person having being duly summoned lie

shall incur a fine and forfeit a sum not exceeding fifty pounds, at the

discretion of the Court or Judge before which or to whom the panel was returnable, and such fine or sum shall be levied and applied in like manner as all other fines and forfeitures.

33 IF any Resident or Police Magistrate, or Chairman of

Magistrates or any such appointee as aforesaid shall fail, neglect,	Fine on Magistrates. Sheriff
or refuse to comply with and perform ally of the trusts or duties	Cc., failing to Mill dunes,
required of or imposed upon them in and by the tenth, eleventh,	tothitde lfistrIs le &Acctiraotit.dUlte"U‘.:l"eg
twelfth, thirteenth, and fourteenth sections hereof, or any of them, or if any Sheriff or other ministerial officer, or any Clerk of Magistrates, shall wilfully or knowingly insert in any Jurors' List or Jurors' Book as aforesaid any name or names that ought not to be returned therein, or shall wilfully or knowingly omit therefrom any name or names that ought to appear therein, or shall otherwise fail well and faithfidly to do and perform all and every the acts, matters, and things hereby required to be by him performed, then, upon proof thereof on oath,
such Resident or Police Magistrate, or Chairman of Magistrates, or any such Clerk or appointee, Sheriff, or other ministerial
officer shall (unless sonic sufficient cause for such failure, neglect, or

10   35° VICTORIX, No. S.

" The Jury Act, 1871."

or default be shown) incur a fine and forfeit a sum not exceeding

fifty pounds, at the discretion of the Supreme Court.

Penalty on tampering with 34 ANY person guilty of the offence of corruptly influencing

Jurors, &c. shall be deemed to have committed a misdemeanor, and may, on proof attempting to influence any Juror, or any Juror consenting thereto, thereof before the said Supreme Court, be punished with fine (not exceeding one hundred pounds,) and imprisonment (not exceeding one year).

35 NO person whose name shall be in the Jury Book as a

Disqualification exemp- Juror shall ed to be excused from attendance on the ground entitled

tifin to be pleaded before	of any disqualification or exemption (other than illness) not claimed
r	e‘ ision of list.
by him at or before the revision of the list by the Justices of the Peace, and a notice to that effect shall be printed at the bottom of every Jury List.

33 IT shall be lawful for the Sheriff or other officer to whom

Sheriff to make regulations any precept for summoning Jurors shall be addressed, with the

as to attendance. consent of the person or persons by whom such precept shall have

been issued, to make regulations as to the . attendance of Jurors during the time for which they shall be summoned, and in particular as to the days on which, and the time during which, they are to attend. Such regulations may be sent to any Juror together with the summons requiring him to attend on any Jury or inquisition, and when so sent shall be deemed to be part of such summons.

Jurors to be allowed fire37 JURORS, after having been sworn, may in the discretion of

:ma refreshment. the Judge be allowed at any time before giving their verdict the

use of a fire when out of Court, and be allowed reasonable refresh-

ment, such refreshment to be procured at their own proper expense.

Chief Justice to make 38 THE Chief Justice is hereby empowered by general orders

general orders.

to make rules, not inconsistent with this Act, for the purpose of

carrying out the several provisions of this Act.

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

this Act.

FRE D. A. WELD, Governor.

8(11 EDIJLE'-

350  VICTORLE, No. 8.

" The Jury Act, 18'11."

SCHEDULES.

First Schedule.

Date of Ordinance. Title of Ordinance. Entent of Repeal.

9th Vie., No. 5. "An Ordinance to regulate the constitution of The whole.

"Juries for the trial of Criminal Offences in "Albany, and other remote Districts of the " Colony of Western, Australia, and to limit "the right of challenge to some extent in certain " cases."

12th Vie., No. 3.	elm Ordin towe to snake perpetual an Ordinance	The whole.
intituled An Ordinance to regulate the " constitution of juries for the trial of Criminal "Offences in Albany, and other remote Dis- " &ids in the Colony of Western Avsbalia, " and to limit the right of challenge to some " extent in certain cases.' "
22nd Vic., No. 7.	An Ordinance to alter and amend the Lam	The whole.
"for regulating the constitution of Juries, and "for the trial of Issues in certain cases in the " Criminal and Civil Courts of Western Ann- "tralic."

25th Vie., No. 11. "An, Ordinance to alter and amend the Lam for "regulating the constitution of Juries, and ,for "the trial of Issues in certain cases in the " GriMinal and Civil Courts of Western .1171S- The whole.

"

25th Vie., No. 13. "An Ordinance to amend The Jury Ordinance, The whole.

"1858! "

28th Vie., No. 6. "An Ordinance to amend The Jury Ordinance, The whole.

1858.' "

29th Vie., No. 7.

"An Ordinance to regulate the po unmet of The whole.

"Jurors searing in the Court of General &s-

" Mons at Albany."

Second

12   35° VICTORIA, No. 8.

" The Jury Act, 1871."

Second Schedule.

List of Men qualified and liable to serve on Juries pursuant to

" The Jury Act, 1871."

Christian name and su•- Title, quality, calling, Nature of

Dist t.

District. ic

name at full length. or business. Qualification.

Freehold, ..t

per annum,

£ of personal

estate.

(Signed) A.B. Chairman of Magistrates.

(Signed) C.D. Resident or Police Magistrate of

I hereby declare and aver that the above List contains, to the best of my knowledge, information, and belief, the Names of all persons within the said District of who are qualified and liable to serve on Juries according to the Provisions of the said Ordinance.

Dated this day of 18 .

A B.

Third Schedule.

To

Yon are hereby summoned as a Juror

at the to be held at the Court House,

, on , the day of

next, at in the forenoon ; and therein to

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

Dated the day of 18 .

Signed Sheriff or Bailiff.

By Authority: RICHARD PET Government Printer, Pei