Jury Act 1901 (NSW)
Act No. 67, 1901.
An Act to consolidate the statutes relating to
Jurors. [27th December, 1901.]
| Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :— | BE it enacted by the King's Most Excellent Majesty, by and with |
PART I.
Preliminary.
1. This Act may be cited as the " J u r y Act, 1901," and is
divided into Parts, as follows :—
PART I . — P r e l i m i n a r y — s s . 1, 2,
PART IT.— Qualifications, disqualifications, and exemptions — ss. 3-7.
PART I I I .—Jurors ' districts—ss. 8, 9.
PART IV.—Jury lists- ss. 10-17.
PAPtT V.—Jurors ' books and special jurors' lists—ss. 18-22. PART Yl.—JJsts for new Courts—ss. 23-27.
PART VII.—Trial by jury—ss. 28-33.
PART VII I .—Jury precepts and summonses—ss. 31-53.
PART IX.— Challenge-ss. 51-58. PART X.—Striking and impanelling—ss. 59-65. PART Xl.—llefreslnnent—s. GO.
PART X I I . — D i s a g r e e m e n t — s s . 67, 68.
2 N PART
PAET XIII.— View by jurors—ss. 69-71. PART XIV.—Fees—ss . 72-79.
PART XV.—Fines, penalties, fyc.—ss. 80-88. 2. (I) The Acts mentioned in the Eirst Schedule to this Act
are to the extent therein expressed hereby repealed.
(2) All proclamations, rules, orders, notices, summonses,
precepts, lists, and jurors' books made or issued under the authority of
any enactment hereby repealed, and being in force at the time of the
passing of this Act, shall be deemed to have been made or issued
hereu ndcr.
TART II.
Qualifications, disqualifications, and exemptions. 3. Except as hereinafter provided every man above the age of
twenty-one years, residing in New South Wales, who has within New
South Wales in his own name or in trust for him—
(a)
a clear yearly income of at least thirty pounds by the year arising out of lands, houses, or other real estate ; or partly out of real and partly out of personal estate; or
(b)
a clear real or personal estate of the value of at least three hundred pounds,
shall be qualified and liable to serve on juries for the trial of all issues,
civil and criminal, and for the assessment of damages in all actions at
law, and to act as a juror in any District Court.4. No man—
(a) who is not a natural-born subject of the King, unless he has obtained letters of denization, or been naturalised, or has resided in NCAV South Wales for at least seven years; or (b) who has been attainted of any treason or felony, or convicted of any crime that is infamous, unless he has obtained a pardon thereof, or is within the benefit and protection of some Act
giving the force and effect of a pardon under the Great Seal
for such crime; or(c) who has been twice convicted in any part of the British dominions of any treason, felony, or infamous crime,
shall be qualified to serve on any jury under this Act.
5 . ( 1 ) The following persons shall be absolutely freed and
exempted from being returned and from serving upon any juries whatsoever, and their names shall not be inserted in the lists to be prepared by virtue of this Act, that is to say—
(a) Judges of the Supreme Court and District Courts, Chairmen
of Courts of Quarter Sessions, and the ministerial officers of such Courts ; (b) members of the Executive and Legislative Councils and of the Legislative Assembly, and the ministerial officers thereof; (6*) persons holding offices under the departments of the Customs
and Distilleries, and of the Colonial Secretary, Surveyor-
General, Treasury, Audit Office, and Post Office ;
(d)
the mayor, town clerk, and principal surveyor of the city o[ Sydney;
(e)
clergymen in holy orders, priests of the Roman Catholic faith, and other ministers of religion having established congregations;
( / ) barristers and solicitors duly admitted to practise, and actually
practising, and their clerks ; (g)
(y) coroners;
(//) stipendiary magistrates;
(i) gaolers, Sheriff's officers, constables,and peace officers;(./) physicians, surgeons, apothecaries, and druggists in actual
practice ;
(k) military and naval officers on full pay;
(/) officers, non-commissioned officers, and volunteers of the volunteer force, after having served as efficient volunteers for at least two years, and officers and non-commissioned officers of the permanent stalf of the volunteer force, so long as they continue to serve as efficient volunteers ;
(ut) licensed pilots and masters of vessels actually employed intrading;
(/*) household officers and servants of the Governor;
(o) schoolmasters and parish clerks ;
(p) such other persons holding office or being in the public service as the Governor exempts from service on juries either generally or for a limited period, of which exemption notice shall be given to the Sheriff; (q) managing directors, managers, cashiers, and tellers of banking establishments; (/•) persons above the age of sixty years who claim exemption at any court of petty sessions held for correcting the jury list
as hereinafter provided ; and
(.s) persons incapacitated by disease or infirmity from discharging the dutyr of jurymen. (2) A certificate under the hand of the officer commanding
the volunteer force shall be sufficient evidence of the identity and right of any officer or non-commissioned officer of such force claiming such exemption.
(3) If any such commanding officer knowingly gives a falsi;
certificate under this section he shall for every such offence be liable
| action of debt or information in the Supreme Court, and paid into the | to a penalty not exceeding two hundred pounds to be recovered by |
| Consolidated Revenue : | |
| Provided that such proceeding shall not protect such com manding officer from a criminal proceeding for misdemeanour. |
6. No person otherwise entitled to exemption from service as a
juror shall be exempted unless he has claimed such exemption by
notice to the Sheriff thirty days at the least before he is summoned.
7. ( 1 ) No person who is not duly qualified according to this
Act to serve as a juror shall be liable to be summoned or impanelled to serve as a juror upon any inquest or inquiry by or before any sheriff or coroner by virtue of airy writ of inquiry, or by or before any' com missioner appointed under the Great Seal or the Seal of the Supreme
| Court. | (2) |
(2) Provided always that nothing in this section contained
shall extend to any inquest before any coroner by virtue of his office.
PART III .
Jurors' districts.
8. The Sydney police district and all places within a distance
of twelve miles from the Sydney Town Hall shall be the jurors' district for Sydney in respect of all Courts held within that city by or before the Supreme Court or any Judge thereof, and all Courts of Quarter Sessions and District Courts held therein.
9. (1) The jurors' district for every other town or place at
which any Court for the trial by jury of civil and criminal issues and the assessment of damages, or any Court of Quarter Sessions or any District Court is appointed to be held shall be the police district for such town or place, or the said police district together with such other police district or districts adjoining thereto as the Inspector-General of Police thinks fit.
(2) Whenever it is made to appear to the Governor that the
list of jurors qualified to serve on any jury for any such town or place
docs not contain two hundred names, the Governor may extend the
jurors' district for such town or place to such extent as he thinks lit.
PART IV.
Jury lists.
1 0 . The clerk or, if there be more than one, the senior clerk of
petty sessions of the police district in which is situated any town or
place where any such Court is appointed to be held, shall, within the second week of October in every year, issue a notice in writing to the chief constable of the said police district in the form contained in the Second Schedule to this Act, requiring him to make out during the second, third, and fourth weeks of the month of November then next ensuing a true list of all men within the jurors' district for such town or place liable to serve on juries according to this Act ; and shall at the same time furnish him with the form of return set forth in the Third Schedule to this Act.
1 1 . (1) The said chief constable shall forthwith after the
receipt of the said notice, prepare and make out in alphabetical order
a true list of every man residing within such jurors' district, qualified
and liable to serve on juries as aforesaid, with the true christian and
surname
surname correctly and legibly written at full length, and with the true residence, degree, calling or business, and nature of the qualification of every such man in the proper columns of the said form of return.
(2) The chief constables of other police districts within which portions of such jurors' district may be shall assist such first- mentioned chief constable in preparing and making out such list, by communicating to him the name, residence, addition, and nature of the qualification of every man within such police districts, qualified and liable to serve on juries as aforesaid.
1 2 . The said chief constable having made out such list shall, on
the last Saturday in November, affix; on the principal door of every court-house and police office in his district, a notice in the form contained in the Fourth Schedule to this Act; and shall keep the original list or a true copy thereof to be inspected by the inhabitants of the said jurors' district at any reasonable time, without fee, to the end that due notice may be given of any names improperly inserted in or omitted from the said list.
1 3 . The said clerk of petty sessions shall, before the twentieth
day of November in every year, cause all the justices resident within the jurors' district to be summoned to attend a special petty sessions, at the usual place of meeting of the petty sessions for the police district in which such town or place as aforesaid is situate, on the second Tuesday in the month of December then next, for the purpose of correcting and allowing the jury list for such jurors' district.
1 4 . (1) The said justices shall hold a special petty sessions
accordingly, and they or any two of them shall sit de die in diem until
the said lists are corrected and allowed as hereinafter provided.
(2) The said chief constable shall then and there produce the list of men qualified and liable to serve on juries by him prepared and made out as aforesaid.
(3) The justices attending such sessions shall thereupon
| juries* and also the names of those who are disabled by lunacy or | persons not liable to serve or disqualified from serving upon such | examine the said list, and shall strike out therefrom the names of all |
| imbecility of mind, or by deafness, blindness, or other permanent infirmity of body, and also the names of all men of bad fame or of immoral character and repute; and shall insert in such list all names improperly omitted, and correct all errors and inaccuracies therein. | ||
| ( i ) If the said justices are divided in opinion upon any question as to the striking out or adding of any name, the decision thereof shall be determined by ballot. |
(5) When such list is duly corrected it shall be allowed by
the justices present or two of them, who shall sign the original list
and three fair copies thereof with their allowance thereof :
Provided
Provided that where no Circuit Court or Court of Quarter Sessions is appointed to he held at such town or place, one fair copy only shall he necessary.
1 5 . The bailiffs of the Sheriff acting in such jurors' district
shall attend the petty sessions on notice in that behalf from the clerk of petty sessions, and there afford to the justices all such informal ion touching the names, residences, and business of the persons mentioned in the lists as it is in the power of such bailiffs to afford.
1 6 . (1) If the Supreme Court or a Circuit Court or Court of
Quarter Sessions is appointed to be held at such town or place, the clerk of petty sessions shall, on or before the last day of December, transmit one of such fair copies to the Sheriff, and if a District Court is appointed to be held at such town or place, he shall, on or before such date, transmit one of such fair copies to the Judge thereof.
(2) The said clerk shall keep the said original corrected
list among the records of his office ; and shall have one of such fair
copies ready to be produced in the Supreme Court or Circuit Court, or in any Court of Quarter Sessions when the same is required therein.
1 7 . The Sheriff shall keep the lists so transmitted to him among
the records of his office.
PART V.
Jurors' books and special jurors' lists.
1 8 . Within ten days from the receipt of such list for any jurors'
district, the Sheriff shall make out therefrom a book to be called flic "jurors' book" for such district, and shall in the said book transcribe
in alphabetical order the names of all jiersons contained in the said
list, beginning under each letter of the alphabet with the surname ofeach person, together with the addition of the residence, degree,
catling or business, and qualification of each person.
upon the trial of every issue, and shall be brought into use on and the records of his office, and shall be ready to hi; produced in Court 1 9 . The said jurors' book shall be kept by the Sheriff among from the first day of January after the allowance of the said list, and shall be used for one year then next following or until a new list has been duly prepared corrected and allowed for another year.
20 . The Judge of the District Court to whom any such list is
transmitted shall in like manner prepare a jurors' book for such Court.
2 1 . (1) Immediately after making out the jurors' book for any
district the Sheriff shall make out therefrom a list to be called the
" special jurors' l i s t " for such district, and shall in the said list insert in alphabetical order the name of every person described in the said
book as a justice of the peace, lessee of the Crown, banker, bank
(1 irector,
director, merchant, accountant, engineer, manager of a station, broker, chemist, druggist, warehouseman, commission agent, architect, or as the owner or tenant of any lands or tenements of the yearly value of one hundred pounds and upwards, together witli the residence and addition of such person, and shall prefix to every name in such list
its proper number from the first name down to the last in a regular
arithmetical scries.
(2) The Sheriff shall annex such list to the jurors' book
from which it has been made out, to be kept and produced therewith.
22 . The Sheriff shall forthwith transmit a copy of such list to
the clerk of the petty sessions from which he has received the general
list from which the same has been extracted, and such special jury list
shall be kept by the said clerk of petty sessions ready to be produced
in any such Court as aforesaid when required therein.
PART VI.
Lists for new Courts.
23 . If the Governor by proclamation directs a Circuit Court, or District Court, or Court of Quarter Sessions to be held at any town or place where provision has not theretofore been made for the preparing and settling of the Jury Lists for such town or place, the Governor
may direct the bench of magistrates of the district wherein such town
or place is situate to cause jury lists for such town or place to be
prepared.
24 . ( 1 ) The said bench of magistrates shall thereupon, within three months after the receipt of such direction, cause to be prepared
lists of ail jurors within the jurors' district for such town or place.
(2) The clerks of petty sessions, chief constables, and justices
shall do and perform, within the said period of three months, all such acts, matters, and things in and towards preparing, correcting, allowing, and transmitting the jury list for such jurors' district as are required
| to be ordinarily done under the provisions of Part IV of this Act. |
25 . The Sheriff shall, within the said three months, make out
from any such list transmitted to him a jurors' book and special jurors'
list for such district according to the provisions of Part V of this Act.
26 . The Judge of the District Court to whom any such list is
transmitted shall, Avithin ten days from the receipt of such list, make out therefrom a jurors' book for such Court according to the provisions of Part V of this Act,
27 . (1 ) Every such jurors' book and special jurors' list when settled shall come into force, and the persons whoso names are therein set down shall be liable to serve as jurors immediately after such book or list has been made out by the Sheriff or the District Court Judge,
| as the case may be. | ( 2 ) |
(2) Every sucli hook or list shall continue in force until a
new jurors' book or special jurors' list has been made out under the
provisions of this Act.
(3) If any jurors' book for a District Court prepared under
the provisions of this Part of this Act shall take effect between the months of April and October in any year, no new list shall be prepared until the year then next following.
PART VII.
Trial by jury.
28 . (1) All crimes and misdemeanours prosecuted in the
Supreme Court, the Cii'cuit Courts, or Courts of Quarter Sessions, shall be tried by a jury consisting of twelve men chosen and returned according to the provisions of this Act.
(2) Except as by this Act is otherwise provided, such jury
shall be subject, as nearly as may be, to the same rules, regulations, and manner of proceeding as were observed upon criminal trials in the Court of Queen's Bench in England before the seventeenth day of September, one thousand eight hundred and forty-seven.
29. (1) Upon application made to the Supreme Court by the Attorney-General or other prosecutor, or by or on behalf of any defendant, in any criminal cause depending in the said Court or in any Circuit Court (except in cases of treason or felony), the said Court may order a special jury to be summoned for the trial of the issue in such cause.(2) Every such special jury shall be taken from the special
jurors' list for the jurors' district within which such cause is to be tried, and shall be summoned, struck, and sworn in like manner as special juries under this Act for the trial of civil issues, and shall be
liable to the same lines and forfeitures, and entitled to the same
exemptions as arc by this Act authorised with respect to such juries. (3) Provided that any defendant making application for a special jury shall serve upon the Attorney-General or other prosecutor
a notice in writing of such application at least four clear days before
the time of his making the same.3 0 . Subject to the provisions of this Act and of any other Act
in force for the time being, all actions at law and civil issues of fact in the Supreme Court shall be tried, and all damages and sums of money recoverable in any such action after judgment by default or
upon demurrer (other than such damages as are usually assessed or
computed by the Court or some officer thereof) shall be assessed, before one or more Judge or Judges of the said Court, whether the trial or
assessment
assessment is had in the said Court or in any Circuit Court, by a jury consisting of four persons duly qualified according to hvvv as special jurors, and returned and chosen as hereinafter mentioned.
3 1 . Upon application made to the said Court by either the
plaintiff or the defendant in any action, at any time after issue joined, the said Court may order that the trial shall be had by a jury consisting of twelve persons, who shall be returned under the provisions of this Act cither from amongst the class of special jurors or of common jurors, or in cases to be tried on circuit partly from each class, as the Court thinks fit to order.
32 . In every such case of trial or assessment as aforesaid, and
in every other case whatsoever of trial by jury under the provisions of
this Act, when no other mode of proceeding is by this Act specially provided, the jurors and jury and every assessment or trial by them shall, as far as may be practicable, be subject to the same rules and manner of proceeding as would in England have been observed in an action at law in the Courts of Westminster or on a trial at nisi prius, before the seventeenth day of September, one thousand eight hundred and forty-seven.
S3 . (1) Every coroner when acting otherwise than under a writ
of inquiry may take and make all inquests and inquiries by jurors of the same description as coroners were used and accustomed to do before the said date.
(2) Provided that in thinly populated districts any coroner
may at his discretion swear a jury of any number not less than five, and the verdict of such jury shall be as valid and effectual in law as if the accustomed number were impanelled and sworn.
PA11T VIII .
Jury precepts and summonses.
34 . (1) Prom time to time, and as often as occasion demands,
precepts according to the form contained in the Fifth Schedule to this Act, to be called " general jury precepts," shall be issued, directed to the Sheriff, requiring him to summon jurors for the trial of issues and assessment of damages in the Supreme and Circuit Courts and the Courts of Quarter Sessions.
(2) Every such precept returnable in the Supreme Court
or any Circuit Court shall be under the hand and seal of a Judge of
the Supreme Court.
(3) Every such precept returnable in a Court of Quarter
Sessions shall be under the hand and seal of a chairman of a Court of
Quarter Sessions or a justice of the peace.
3 5 . Whenever a jury oL' twelve or of four special jurors is
required in the Supreme Court or in any Circuit Court for the trial of any issues, a Judge of tiie Supreme Court shall issue a precept under his hand and seal, according to the form contained in the Fifth Schedule to this Act, to be called a "special jury precept."
3 6 . Whenever a jury of twelve common jurors is so required,
a Judge of the Supreme Court shall issue a precept under his hand
and seal according to the said form, to be called a "common juryprecept."
3 7 . Every jury precept shall specify tin; time when and the
place where the attendance of the jurors is required, and shall be issued and delivered to the Sheriff eight clear days before the time so specified, if such attendance is required in the city of Sydney, and in
all other cases fourteen clear days before such time.38 . (1) In every such precept returnable in the Supreme Court
or any Circuit Court, the Judge issuing the same may if he think fit require the Sheriff to summon any number of jurors, not being more than four times the number to be impanelled upon any one trial.
(2) No such precept returnable in a Court of Quarter
than fortyr-eight or less than thirty-six jurors. Sessions shall require the Sheriff to summon at any one time more 3 9 . The Sheriff shall give priority to every jury precept whether returnable in the Supreme Court, or a Circuit Court, or a Court of Quarter Sessions, according to the time of its receipt at his office.
4 0 . (1) Every Court sitting for the trial of prisoners may, on
motion for that purpose made on behalf of either the Crown or any
prisoner, order the Sheriff to summon and return to the Court—•
(a) an enlarged jury panel, not exceeding twenty-four jurors, in addition to those already summoned ; or (b) a separate jury panel, of not less than thirty or more than sixty jurors,
to be taken from either the general or the special jury list, as the
Court thinks it for the interests of justice to order.
(2) Every person liable to serve as a juror, and residing
within twenty miles of the place of trial, being summoned under any such order and having no lawful excuse, shall be bound to attend, and
liable to be proceeded against for non-attendance as if he had been
summoned under a precept in tin; ordinary course. 4 1 . At any7 time before the trial of a person committed or heldto bail, evciy Judge of the Supreme Court on application to him in chambers on behalf of such person or of the Crown (of which last- mentioned application such person has had due notice) shall have the same power as in the next preceding section is mentioned in respect of the intended trial of such, person, whether in such Court or in a Circuit Court or in a Court of Quarter Sessions.
4 2 . (1) The Supreme Court and Circuit Courts and all Courts of Oyer and Terminer and Gaol Delivery and Courts of Quarter Sessions shall respectively have and exercise the same power and authority as they have heretofore had or exercised in issuing any writ or precept, or in making any award or order orally or otherwise for the return of a jury for the trial of any issue before any of such Courts respectively, or for the amending or enlarging any panel of jurors returned for the trial of any such issue.
(2) The return to every such writ, precept, award or order
shall be made in the manner used and accustomed in such Courts respectively in England before the seventeenth day of September, one thousand eight hundred and forty-seven, save and except that the jurors shall be qualified according to this Act.
43 . The Supreme Court or any Judge thereof may make all such
rules or orders upon the Sheriff or other person as may be necessary to procure the attendance of a special or common jury for the trial of any cause or matter depending in such Court at such time and place* and in such manner as the Court or Judge thinks fit.
4 4 . ( I ) In every case wherein it is made to appear to the Supreme Court or to a Judge thereof that the Sheriff is a party or in any manner interested, the venire or precept to be issued therein shall be directed and delivered to the coroner or such other person as the said Court or Judge shall in that behalf appoint.
(2) Such coroner or person shall thenceforward have and
exercise for the purposes of such writ or precept all the powers and
duties of the Sheriff.
4 5 . ( 1 ) When a jury precept is delivered to the Sheriff, he shall
choose in manner following the persons to be summoned from those whose names appear in the appropriate jurors' book or special jurors'
list for the district within which the attendance of jurors is by the said
precept required:—
(") Cards printed or stamped only with the same numbers as arc prefixed in the said book or list to the names of persons liable
approved of by the Minister of Justice. to be summoned shall be placed in a rotating ballot-box (h) Such box first having been made to rotate for one minute at least by the Sheriff or his deputy, as many cards shall be drawn forth one at a time as there arc jurors required to be summoned. (/•) AVhcre the number on any such card indicates the name of a juror whom the Sheriff or his deputy knows to be dead or to have left the district, another card shall be drawn in its place; and a special return shall be made to the Court, with the names of the jurors summoned, of the names of all jurors so omitted, with the cause thereof.
(d)
(d)
The persons whose names in the said hook or list correspond with the numbers on the cards so drawn shall be the jurors to be summoned.
(2) If through any casualty there is no jurors' book for such
district in existence for the current year, the Sheriff shall choose the
jurors as aforesaid from the jurors' hook for the year preceding.
4 6 . The Sheriff shall forthwith issue to each such juror a
summons in writing signed by himself or his deputy in the form
contained in the Sixth Schedule to this Act.
4 7 . (1) Such summons shall be— <
(a) delivered to such juror or left at his usual place of abode at least four clear days before the time specified for his attendance, if his attendance is require:! in Sydney, and in other cases at
least eight clear days before such time; or
(&) sent to him by post with the Sheriff's seal of office thereon, in which case two additional days shall be allowed between the day of service and the time specified for his attendance.
(2) A duplicate of every summons so sent by post shall be stamped by the postmaster, or some person duly acting for him, at the time of delivery at the office for transmission; and such duplicate shall be evidence that the juror named was served in the ordinary course of post,
4 8 . No juror so chosen and summoned as aforesaid shall be
again liable to be summoned until every person on such jurors' book
or special jurors' list has been summoned.49. Whenever the Sheriff is required by any jury precept to summon jurors for the trial cf issues in the Supreme Court or Court of Quarter Sessions at Darlinghurst on any particular clay or days, and is also required by any other jury precept to summon jurors for the trial of issues on the same day or days in the Supreme Court in King-street, he shall not summon for either Court the same jurors whom he has already summoned to attend at the other Court, but he shall omit from any summons for either Court the names of all such jurors as he has already summoned for the other, conforming in other
respects in the matter of such summons to the directions of this Act.
5 0 . The Sheriff in civil cases may omit the summoning of persons whom he knows to be incapacitated by disease from attending as jurors :
Provided that he shall specially return to the Court the namesof all such persons with the ground on which he has omitted to summon
them.
5 1 . The Sheriff on showing to the satisfaction of a Judge of the
Supreme Court that the name or description of any juror lias been mistaken may, by the leave of such Judge in writing, cause the mistake to bo corrected and the party to be thereafter summoned by his right name and description :
Provided that in every such case there be no question as to the identity in fact of the juror.
52 .
52 . Upon the day and at the place named in any jury precept
for the appearance of the jurors thereby required to be summoned, the Sheriff shall by himself or his deputy return the said jury precept into the Court holden at the place where such jurors are so required to attend, and shall annex to the said precept a panel containing tin* names in alphabetical order of the persons so summoned by him in pursuance of the said jury precept, and shall also therewith furnish to the clerk of the said Court the names of the said persons with their respective additions and places of abode written upon separate pieces of card, each piece of card being as nearly as may be of equal size.
5 3 . No omission or informality with respect to any lists or precepts or panels returned in pursuance of this Act shall affect or invalidate any verdict returned by a jury which is in other respects according to law.
PART IX.
Challenge.
5 4 . Subject to the provisions of this Act, and of any Act for
the time being in force, challenge to the array and to the polls of jurors may be made and shall be allowed in every Court 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 was or were established, used and practised in like cases in the
Courts at Westminster before the seventeenth day of September, one thousand eight hundred and forty-seven.
5 5 . In all inquests to be taken before any Court wherein the
King is a party, notwithstanding it be alleged by them that sue for the King that the jurors of those inquests or some of them be not indifferent for the King, yet such inquests shall not remain untaken for that cause, but if they that sue for the King will challenge any of
| custom of the Court, and it shall be proceeded to the taking of the | those jurors they shall assign of their challenge a cause certain, and the truth of the same challenge shall IK; inquired of according to the |
| same inquisitions as it shall be found if the challenges be true or not, after the discretion of the Court. |
5 6 . Nothing herein contained shall affect the power of any
Court to order any juror to stand by until the panel shall be gone through at the prayer of those prosecuting for the Crown as has been hereto fore accustomed.
57. (1) The same right of challenge to jurors shall exist in cases of misdemeanour as in cases of felony.
(2) No person shall, except for cause shown, be allowed in
either case more than eight, or if the offence charged be capital, twenty
| chrllenges. | ("3) |
(3) The Crown shall in every case have the same, hut no
greater right,
(4) Every peremptory challenge beyond the number so
allowed shall be void, and the trial shall proceed as if no such
challenge had been made.
5 8 . (1) No omission error or irregularity by the Sheriif or any
of his officers in the time or mode of service of any jury summons, or
in the summoning or return of any juror by a wrong name (where
there is no question as to his identity) shall be cause of challengeeither to the array or to such juror.
(2) No matter which might have been objected by way of
challenge to the polls or to the array, as the case may be, shall invalidate or affect any verdict in any ease, civil or criminal, unless the objection is taken by way of challenge.
PART X.
Striking and impanelling.
5 9 . (1) Upon calling on for trial by a jury of twelve persons
any criminal issue joined in the Supreme Court or a Circuit Court, or a
Court of Quarter Sessions, the clerk of the Court shall, in open Court, put into a box provided for that purpose the pieces of card furnished
as aforesaid by the Sheriff, and shall draw out therefrom the said pieces
of card, one after another, until twelve men appear without just cause of challenge, which said men being duly sworn shall be the jury to try such issue.
(2) If the whole number of such pieces of card is exhausted,
by challenge or otherwise, before twelve men are duly sworn, eitherthe Crown or the prisoner may pray a tales, whereupon the Court or Judge or chairman, as the case may be, may command the Sheriif or
his deputy forthwith to appoint as many good and lawful men of the
bystanders (being qualified and liable to serve as jurors for the district)
as may be sufficient to make up twelve men for the trial of the said issue.(3) The pieces of card containing the names of the jurors
so drawn and sworn as aforesaid shall be kept apart by themselves until such jury have given in their verdict and the same has been recorded, or until such jury is, by consent of the parties or by leave of the Court, discharged; and then the said pieces of card shall be returned to the box, there to be kept with the other names remaining undrawn.
6 0 . Where no objection is made on behalf of the King or any
other party, the Court may—
(a)
try any such criminal issue with the jury that have previously tried or been drawn to try any other such issue, without their names being returned to the box and redrawn; or
0 )
(b)
order the name of any man on any such jury whom both parties consent to withdraw, or who is justly challenged or excused by the Court, to be set aside and another name to be drawn from the box, and try such issue with the residue of such original jury and with such man whose name is so drawn, and who appears and is approved as indifferent.
6 1 . (1) At the opening of the Court upon any sitting for the
trial of any civil issue under the provisions of this Act, the clerk or
other ministerial officer of the Court shall put into a box provided
for that purpose the pieces of card furnished as aforesaid by the Sheriff.
(2) Upon any such issue being called on to be tried, such
clerk or officer shall in open Court draAV out the said pieces of card, one after another until twice the number of jurors required to be impanelled appear and after all causes of challenge allowed remain indifferent and approved of, or until the whole number of such pieces of card is exhausted.
(3) In case a sufficient number of jurors named on such
pieces of card are not in attendance, the full number of jurors so directed to be drawn shall be completed by appointment of the Sheriff or his deputy from amongst the bystanders, being persons returned in the Sheriff's books as jurors cither special or common.
62 . (1 ) In civil issues, upon twice the number of jurors required
to be impanelled being completed, a list of their names shall be delivered by the Sheriff or his deputy to the plaintiff or his attorney or counsel, by whom one-fourth of the whole number of names contained in such list may be struck therefrom, and the list so reduced shall then be delivered to the defendant or his attorney or counsel, by whom an equal number of names may be also struck therefrom,
(2) The jurors whose names then remain upon such list, or the first four or twelve of such jurors (as the case may require), shall be the jurors for the trial of the issue or issues in question, and shall be sworn and impanelled accordingly.
(3) After every such trial the cards so drawn as aforesaid shall
be returned to the box, to be kept with the others remaining undrawn.
63 . Where no objection is made on behalf of any plaintiff or
defendant—
(a) any number of different issues may be tried by the same jury that have been previously drawn for or have tried any other issue without having their names returned to the box ; or
(b)
the Court or Judge may order the name of any juror on such jury whom the parties consent to withdraw or who may be challenged or excused to be set aside and another juror to be drawn from the box from the names remaining undrawn, who shall be subject to the same mode of striking as the original jurors, to try the issue or issues with the residue of
such original jury. 64 . 64 . The provisions contained in the three next preceding sections
shall he equally in force with respect to cases of assessment of
damages.6 5 . Where—
(«) the defendant, in a case of assessment of damages, or
(b)
either the plaintiff or defendant, in a case where there is an issue for trial,
does not appear in person, or by counsel or attorney, the list of jurors
may be reduced on his behalf by the clerk or other officer of the
Court,
PART XI.
Refreshment.
66 . The Court or Judge on any trial may order to be supplied
to the jury—
(a)
in a criminal case, whether of felony or misdemeanour, such reasonable refreshment as the Court or Judge thinks fit;
(b)
in any other case, any refreshment not being fermented or spirituous liquor,
at any time after the jury have been impanelled and sworn, and
notwithstanding that thev have retired to consider of their verdict.
PART XII . Disagreement.
6 7 . Where the jury upon the trial of any felony or misde meanour have retired more than twelve hours, if it be found, after examination on oath of one or more of them, that they are not likely to agree, the Court or Judge may discharge them.
68 . (1) AVhcrc the jury upon any civil trial or assessment of
damages under this Act have remained six hours or upwards in delibe ration, if all of them do not agree as to the verdict to be given or amount of damages to be assessed, the decision of three-fourths in number of them shall be taken and entered as the verdict or assess ment of all.
(2) If after having remained in the whole twelve hours
or upwards in deliberation, three-fourths in number of the jurors do not concur in any such verdict or assessment, then such jurors shall be discharged, and the cause may without any new process for that purpose be again set down for trial or assessment (as the case may be) either at the same or any subsequent sittings as the Court or presiding Judcrc may order,
PART
PART X r i L View hy jurors.
69 . ( 1 ) Whenever it appears expedient to any Judge of the Supreme Court in any cause depending in the said Court that some of the jury should have a view of any place in dispute in the cause, such Judge may order such view upon the payment by the party applying for the same of such sum as to the said Judge seems reasonable.
(2) Such sum shall be paid over to such jurors as have
such view and attend the trial, and shall be taxed and allowed as
other costs in the cause.
7 0 . Two or more jurors, as the Judge shall direct, mutually
chosen by the parties, or, in case the parties cannot agree, nominated
by the Sheriff shall be shown the place by two persons appointed by
the said Judge.
7 1 . In every such case the said viewers if in attendance upon
the Court shall be the first of the jurors named in the Sheriff's list whether they are in the panel returned for the particular day of trial or not, and shall not be struck therefrom by either party; and such viewers so in attendance, together with so many of the jurors Avhose names first stand on the reduced list as may be necessary to make up the full number of jurors required, shall form the jury to try the cause.
PART XIV.
Fees.
72 . The Governor may fix from time to time the rates of compensation to be paid to jurors for attendance in the Supreme and Circuit Courts and Courts of Quarter Sessions.
7 3 . (1) Every juror summoned in pursuance of any precept as
| jury or not, be entitled to receive compensation for such attendance at | attendance upon such Court, whether he has actually served upon a aforesaid who attends any such Court shall for every day during his |
| the said rates. |
(2) Provided that in all cases in which there is a regular
steam conveyance, or the passage can be conveniently made wholly or
in part by water, the allowance of such portion of the journey as has
or might have been performed by water shall be limited to the actual amount of the steerage or cabin passage money payable, according to the station in life of the juror.
(3) Every talesman serving with such jurors shall be
entitled to the same compensation as a juror residing within five miles
of the said Court.
2 o 7 4 . 7 4 . Every person summoned or nominated to act as a juror in
any District Court shall for his attendance he entitled to the same compensation and allowance for his travelling expenses as are provided for jurors attending the Supreme Court or any Circuit Court under a general jury precept.
7 5 . So long as any country juror, unavoidably or bona fide for
the purpose only of attendance on the panel, remains in the city or town where the Court holds its sittings, he shall be entitled to payment in respect of every clay of such detention, whether the Court actually then sits or not.
7 6 . Where the jury has sat on the same trial in any civil case
more than three days, the presiding Judge may direct the prevailing party to pay them severally, or to the Sheriif or his deputy7 for their
use, in respect of the fourth and every subsequent day such additional sum or sums, over and above the amount to which they7 are entitled in
accordance with the said rates, as the said Judge under the circum stances thinks reasonable and proper ; and such sum shall be allowed
as costs in the cause.
7 7 . (1 ) In every action in the Supreme Court the plaintiff on
entering the case for trial shall pay to the Prothonotary—
(a) in a case of assessment of damages, the sum of one pound ;
(b) in a case of trial hx a jury7 of four, the sum of two pounds;
(c)
in a case of trial by7 a common jury7 of twelve, the sum of three pounds;
(d)
in a case of trial by a special jury of twelve, the sum of six pounds.
(2) Such sum shall be allowed as costs in the cause.
(3) Provided that when the order for such jury of twelve
has been made on the application of the defendant, the said sum of three pounds or six pounds, as the case may be, shall be paid by such defendant on the making of the order to the Prothonotary, or such order shall lapse and not take effect. 7 8 . The party7 applying for or electing a special jury of twelve
for the trial of any'civil issue shall pay all expenses occasioned by the
trial of the cause by the same, and shall not have any further allowance for the same upon taxation of costs than such party would be entitled to in case the cause had been tried by a common jury or a jury of four as hereinbefore directed, unless immediately after the verdict the Judge before whom the cause was tried certifies under his hand that the same was a cause proper to be tried by a jury of twelve special jurors.
7 9 . The Judges of the Supreme Court may make general rules
touching the payment of the fees payable by laAv for juries.
PART
PART XV.
Fines, penalties, Sfc.
8 0 . Every clerk of petty sessions or chief constable who wilfully
neglects or refuses to execute any of the duties hereinbefore prescribed and appointed to be by him executed shall for every such neglect or refusal forfeit any sum not exceeding fifty pounds, whereof one moiety shall be paid to the Colonial Treasurer for the purposes of the general revenue, and the other moiety shall with full costs go to any person suing for the same by action of debt in the Supreme Court or in
any court of petty sessions to the extent of the jurisdiction of such court.
8 1 . ( 1 ) Every justice of the peace summoned under this Act to attend at any special petty sessions for correcting and allowing any jury list, who fails or neglects to attend such special petty sessions without any reasonable cause for such non-attendance, shall be liable to a fine not exceeding the sum often pounds, which shall be summarily imposed by the Supreme Court upon the motion of the Attorney- General and upon the fact of such non-attendance being duly proved to the satisfaction of the said Court.
(2) The clerk of the bench shall at the said special petty
sessions make an entry in Avriting of the name of every justice of the peace residing in the jurors' district and so summoned as aforesaid, distinguishing those that attended and those that were absent at the correction and alloAvancc of the said list as aforesaid, and shall at the final adjournment of the said special petty sessions transmit a certificate thereof to the Attorney-General verified by declaration.
(3) Such certificate shall be prima facie proof of the non-
attendance of the justices therein stated to have been absent from the
said special petty sessions.
82 . If the Sheriff neglects or refuses to discharge the duties
hereinbefore required of him, or otherwise fails well and faithfully to do and perform any of the acts, matters and things hereby required to be by him performed, he shall for every such breach of duty be
| the Court in relation to which such duties, acts, matters, and things were | summarily fined a sum not exceeding fifty pounds, at the discretion of |
| required to be discharged, done, and performed. |
83 . If any juror who has had a view of any place in dispute in
any cause according to the provisions hereinbefore contained makes
default when the cause in which he was appointed a viewer is called on for trial, the Court or Judge may, unless reasonable cause be shown, impose upon such viewer a fine not exceeding the amount of ten pounds over and above the fine to which he is liable under the provisions hereinafter contained for non-attendance as a juror.
8 4 . (I) If upon calling over the names upon any jury panel
returned as hereinbefore required, any person whose name appeals
thereon fails to attend, or after appearance wilfully withdraws himself
from
from the presence of the Court, such Court may summarily impose any fine not exceeding twenty pounds upon the person so failing to attend or withdrawing himself, unless good cause for his absence be made to appear on oath to the satisfaction of the said Court.
(2) Provided that any such Court may at any time exempt
from attendance either during the session or for any less period any person summoned as a juror, who shows to such Court on oath sufficient grounds for such exemption.
('•'>) Provided also that no juror summoned for the trial of
civil issues shall be compelled to attend any sittings for more than three
consecutive days unless the presiding Judge shall otherwise order.
8 5 . (1) If any person being duly summoned and returned toscrve
as a juror upon any inquest or inquiry before any sheriff or coroner, or before any of the commissioners hereinbefore mentioned, does not, after being openly called three times, appear and serve as a juror, such sheriff or in his absence the under sheriff or such coroner or commis sioner (unless some reasonable excuse is proved, on oath if required) shall impose upon the person so making default such fine not exceeding five pounds as he thinks fit.
(2) Such sheriff, under sheriff, coroner, or commissioner
shall make out and sign a certificate containing the christian name and surname, the residence, and trade or calling of every person so making default, together with the amount of the fine imposed and the cause of such fine, and shall transmit such certificate to the clerk of the peace for the county or district in which such defaulter resides on or before the first day of the Quarter Sessions next ensuing.
(3) Such clerk of the peace shall copy the fines so certified on
therollonwhichallfinesor forfeiture imposedat such Quarter Sessions are copied, and the same shall be estreated fevied and applied in like manner, and subject to the like powers, provisions, and penalties in all respects,
as if they had been part of the fines imposed at such Quarter Sessions.
8 6 . Any- person who corruptly influences or attempts to influence
any juror, and every juror consenting thereto, shall lie guilty of a
misdemeanour. 8 7 . (1) Whenever any fine is imposed on any juror for non-
attendance at any Court, a summons may forthwith, or at any time afterwards, be issued under the hand of the presiding Judge, calling on the juror to show cause to such Court, or to the Supreme Court, if the fine has been imposed for non-attendance at a Circuit Court, on some day to he named, why execution should not issue for such fine.
everyr such case as may be now taken after a schedule or return of (2) The like proceedings as far as may be shall be taken in lines made up and filed as at present.
(3) To every such summons a note shall be subjoined that
cause may be shown by affidavit sworn before a justice of the peaceor commissioner, and transmitted by post to the Prothonotary, or to
the Judge who imposed the fine. (4) (1) Where such affidavit is transmitted to the Judge, iie
shall thereupon have power to remit or mitigate the fine; and in
default of any order to that effect the fine shall be enforced.
88 . Except as hereinbefore provided—
(a) all fines imposed under this Act by the Supreme Court or a Circuit Court or by a Judge thereof shall be levied and
recovered in the same manner as any other fines imposed by the Supreme Court, or in the manner appointed by law for the recovery of fines imposed by justices of the peace;
(b)
all tines imposed under this Act by a Court of Quarter Sessions or by a chairman thereof, shall be levied and recovered in the manner appointed by law for the recovery of fines imposed by justices of the peace.
SCHEDULES.
FIRST SCHEDULE.
| Reference to Act. | Title o r Short Title. | Extent of repeal. |
| •") Vie. No. 4 | An Act to make further provision for tlie Trial ol | The unrepealed |
Cases in the Circuit Courts of New South Wales portion. and to amend in certain respects the Act providing
for Trial by Jury in such Courts.
| 11 Vie. No. 20 | An Act to consolidate and amend the laws relative to | The whole. |
Jurors and Juries in New South Wales.
| 15 Vie. No. | 3 | An Act to amend in some respects the Act passed to | The unrepealed |
consolidate the Laws relating to Juries. portion.
| 15 Vic. No. 10 | An Act to repeal so much of the Local Ordinances | So much as rc- |
second William the Fourth number twelve sixth fersto 11 Vic. Victoria number fifteen seventh Victoria numbei No. 20. nineteen eighth Victoria number four and eleventh Victoria number twenty as assumes to vest tin appropriation of the Ordinary Revenue elsewhert than in the Legislative Council.
| IS Vic. No. IS | An Act further to amend the Jury Act | The whole. |
| 20 Vic. No. 31 | The Common Law Procedure Act of 1S57 | The unrepealed |
portion.
| 22 Vic. No. 18 | District Courts Art of 1853 | Sections 51, 52, |
53, and 57.
| 22 Vic. No. 25 | District Courts Act Amendment Act of 1S59 | Section 5. |
| 31 Vic. No. | 5 | Volunteer Force Regulation Act of 1S07 | Sections37&38. |
| 37 Vic. No. | 8 | Jury Laws Amendment Act of 1874 ... | The whole. |
| 40 Vic. No. (i | Jury Laws Amendment Act of 1S7G ... | The whole. | |
| 40 Vic. No. 1 7 | Criminal Law Amendment Act of IS S3 | Sections | 330, |
337, 338, and
340.
| 51 Vic. No. 10 | An Act to amend the Law relating to the Return oi | The whole. |
Jury Lees.
| 55 Vic. No. 5 | Criminal Law and Evidence Amendment Act of 1S91 Section 31. |
SECOND
SECOND SCHEDULE.
District of
To the Chief Constable of the district of
TAKE notice that you are hereby required to make out during the second, third, andfourth weeks of November next ensuing a true list in writing in the form hereunto annexed of all men within the jurors' district for liable to serve on juries according to the Jury Act, 1901.
C.P.S.
THIRD SCHEDULE
List oj all persons within the jurors' district for liable to serve on juries.
District (and street, if Christian and surname Title, quality, calling, Nature of
in a town). (full length). cr business. qualification.
Parramatta ...} { Freehold, £100 per
Adams, John Esqdire
Macquarie-strcet annum.
Sydney ... ...} { £400 of personal
Bowles, James Grocer
Georgc-strcct ... estate. FOURTH SCHEDULE.
Jury list for 19 .
NOTICE is hereby given that I have caused a list to be made out of persons within the
jurors' district for [place'] liable to serve as jurors either special or common during
the year 19 , and that a copy of such list lies for inspection in the office of the clerk of Petty Sessions in street, in this city (or town) and that the Justices in Petty Sessions will, on Tuesday, the day of December next, at the police office, in street, proceed to examine and correct the said list, when all persons having any objection to offer thereto may attend if they shall think fit.
Saturday, November, 19 .
A. B., Chief Constable. FIFTH SCHEDULE.
Form of precept.
(To be adopted for general, special, or common juries of twelve and juries of four.)
To the Sheriff of or his deputy greeting,— PURSUANT to the Act in such case made and provided you are, hereby commanded
that you cause to come before [here insert the style of the court] to bo 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'
d:stnct for aforesaid duly qualified according to law as jurors (or as
" common
| " c o m m o n | j u r o r s " | o r | " s p e c i a l j u r o r s | " | a c c o r d i n g | a s t h e | p r e c e p t | s h a l l | b e | i n t e n d e d | t o b e | a |
| " g e n e r a l | j u r y | p r e c e p t , " | " c o m m o n | j u r y | p r e c e p t , " | o r | " s p e c i a l | j u r y | p r e c e p t | " ) | t o | m a k e |
| a | j u r y | of | t h e | c o u n t r y | f o r | t h e | t r i a l | of | a l l | s u c h | i s s u e s of | f a c t | o r | o t h e r | m a t t e r s | a s | s h a l l | b e |
| t h e n | r e q u i r e d | t o | b e | t r i e d | b y | a g e n e r a l j u r y | of | t w e l v e | m e n | ( o r b y a c o m m o n | j u r y | o r | a |
| s p e c i a l | j u r y | of | f o u r | o r | of | t w e l v e | m e n | a c c o r d i n g | a s | t h e | p r e c e p t | s h a l l | b e | i n t e n d e d ) . | A n d |
| t h a t | y o u | h a v e t h e n | t h e r e | t h e | n a m e s | of | t h o s e j u r o r s | a s b y t h e | l a w | is | r e q u i r e d | of | y o u , |
| t o g e t h e r | w i t h d u e p r o o f | of | t h e | s e r v i c e | of | a | s u m m o n s | u p o n | s u c h | of | t h e | s a i d | j u r o r s | as |
| s h a l l | h a v e | b e e n | s e r v e d | a n d | of | t h e | t i m e | a n d | m a n n e r | t h e r e o f | a n d | of | t h e | c a u s e s | w h e r e f o r e |
| t h e | o t h e r s | of | s u c h | j u r o r s | h a v e | n o t | b e e n | s e r v e d | w i t h | s u c h | s u m m o n s | a n d | a l s o | t h i s | w r i t . |
G i v e n u n d e r m y h a n d a n d s e a l a t t h i s d a y of A.D. 19 .
S I X T H S C H E D U L E .
Form of summons.
M r . A . B . {naming the juror), y o u a r e h e r e b y r e q u i r e d t o a p p e a r a s a j u r o r i n t h e
| S u p r e m e | o r | C i r c u i t | C o u r t | o r | C o u r t | of | Q u a r t e r | S e s s i o n s | {naming | the | court) | t o | b e |
| h o l d e n | a t | o n | [here | insert | the | day | of | the | week] | t h e | d a y | of |
n e x t , a t t e n o ' c l o c k i n t h e f o r e n o o n , a n d y o u a r e t h e r e t o a t t e n d f r o m d a y t o
| d a y | u n t i l | y o u | s h a l l | b e | d i s c h a r g e d | b y | t h e | s a i d | C o u r t | u n d e r | p e n a l t y | o f | t h e | t i n e | b y | l a w |
| i m p o s e d | i n | t h i s | b e h a l f . |
( S i g n e d ) C D . Sher i f f .
0
0
0