Jury Act Amendment Act 1911 (WA)

WESTERN AUSTRALIA,

ANNO PRIMO

GEORG!' ,QUINTI REGIS,

XLVI.

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No. 35 of 1911.

AN ACT to amend the Jury Act, 1898.

[Assented to 16th February, 1911.]

Legislative Assembly of Western Australia in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows :— BE it enacted by the King's Most Excellent Majesty, by and

1. This Act may be cited as the Jury Act Amendment Act, 1911, Snort title.

and shall be read as one with the Jury Act, 1898.

2. -Where the jury, upon the trial of any civil cause or of any issue In civil causes two- thirds majority to

or issues in such a cause, have remained three hours or upwards	be accepted.
in deliberation, if all the jurors do not agree as to the verdict to be	Vide N.S.W. Jury
given or the answer to be given to any question submitted to them	Act, 1901, sec. 67.
by the Court or presiding Judge, or as to the amount of damages to be assessed, the decision of two-thirds in number of them as to any such verdict or answer shall be taken and entered as the verdict, finding, or assessment of the jury as a whole.

3.

If, after having remained six hours or upwards in delibera- tion, two-thirds in number of the jurors on the trial of any such	New trial on dis-
agreement.
Mem.
civil cause, or of any issues in any such cause, do not agree in any such verdict, finding, or assessment, then the jury shall be dis- charged, and the cause may, without any new process for that pur- pose, be again set down for trial or assessment, as the ease may be, either at the same or any subsequent sittings, as the Court or pre- siding Judge may order

1911, No. 35.] Jury—Amendment. [1 GEO. V.

The costs of any trial of a cause or of any issue in a cause in respect of which the jury are discharged, without returning a ver- dict or finding, shall follow the order made as to costs on the final determination of such cause or issue.

Costs. 4.

The provisions of this Act shall apply to the trial of every civil cause or of any issues in any such cause or assessment of damages whatsoever which shall, subsequently to the passing hereof, be set down for trial or assessment before a jury, but not to any trials or assessments of damages which have, before the passing of this Act, been set down for trial or assessment before a jury.

Time of coming into 5.

operation.

At what name em- 6.

The first empanelment under section nineteen of the princi- practicable, with the first name arranged therein under the letter next in alphabetical succession after that under which the last name empanelled from the preceding book was arranged, and the beginning of the book shall be resorted to only when no names arranged in a subsequent portion of the book are available for em- panehnent in accordance with the provisions of this and the prin- cipal Act.

panelment from

Jurors' Book to	pal Act of names from a Jurors' Book shall commence, so far as
commence.

Name may be	7.	The summoning officer may, of his own motion, in the district
omitted from panel

and person sum-	comprising the Perth-Fremantle and Swan Magisterial Districts,
moned excused.	and in any other district by the direction of a police or resident magistrate, omit from a panel any name in the Jurors' Book, and excuse from attendance any person who has been summoned as a juror.
Power of Court to

excuse Jurymen. 8.

The court or judge before which or whom a jurors' panel is

returnable may excuse from attendance any person Whose name

is included in such panel.

By Authority: FRED. Wm. SIMPSON, Government Printer, Perth.