Jury (Amendment) Act 1947 (NSW)
JURY (AMENDMENT) ACT.
Act No. 41, 1947.
An Act to amend in certain respects the law re
lating to juries; to amend the Jury Act,
1912, and certain other Acts; and for pur
poses connected therewith. [Assented to,
19th December, 1947.]
| BE it enacted by the King 's Most Excellent Majesty, b y and with, the advice and consent of the Legis | lative Council and Legislative Assembly of New South |
| Wales in Parl iament assembled, and by the au thor i ty of the same, as follows :— | |
| 1. (1) This Act may be cited as the " J u r y (Amend ment ) Act, 1947." | |
| (2) The J u r y Act, 1912, as amended by subsequent Acts, is in this Act refer red to as the Pr inc ipa l Act. | |
| (3) The Pr inc ipa l Act, as amended by this Act, may be cited as the J u r y Act, 1912-1947. |
| (2) Subsection three of this section shall come into operat ion for all purposes upon the first day of J a n u a r y next following the year appointed by the Governor pur suant to subsection one of this section. | (3) |
(1) F o r the purposes only of P a r t s I V and V of the Pr inc ipa l Act subsection three of this section shall be deemed to commence on the first day of the second week of October in such year as the Governor may by notification published in the Gazette appoint .
2 .
(3) The Pr inc ipa l Act is amended—
(a) by omitting section three and by inserting in lieu thereof the following section:— 3. Excep t as here inaf ter provided every man who is enti t led to be enrolled as an elector pur suant to P a r t I I I of the P a r l i a m e n t a r y Elec tora tes and Elections Act, 1912-1946, shall be qualified and liable to serve on jur ies for the t r ia l of all issues, civil and criminal , and for the assessment of damages in all actions a t law,
and to act as a j u r o r in any dis t r ic t court. (b)
by omit t ing p a r a g r a p h (a) of section four ; (c) (i) by omit t ing from subsection one of section ten the words " a n d na tu re of the qualifica t i o n " ;
(ii) by omitting from subsection two of the same section the words "add i t i on , and na tu r e of the qual i f icat ion" and by inser t ing in lieu
thereof the words " a n d a d d i t i o n " ;
(d)
by omit t ing from the Th i rd Schedule the m a t t e r appea r ing in the column " N a t u r e of qualifica t i o n " .
3 . (1) (a) F o r the purposes only of P a r t s TV and V of the P r inc ipa l Act subsection three of this section shall be deemed to commence in respect of any j u r o r s ' d is t r ic t
yea r as the Governor m a y by notification published in on the first day of the second week of October in such the Gazette appoin t in respect of such dis tr ic t . (b) The Governor m a y for the purpose afore said appoin t different yea r s in respect of different j u r o r s ' d is t r ic ts and may appoin t a yea r in respect of any one or more of such dis t r ic ts wi thout appoin t ing any y e a r in
respect of other such dis t r ic ts . (2) Subsection three of this section shall come into
opera t ion for all purposes in respect of any j u r o r s ' dis
t r ic t upon the first day of J a n u a r y next following the
y e a r
| year appoin ted by tbe Governor in respect of t ha t | j u r o r s ' |
| d is t r ic t p u r s u a n t | to subsection | one of | this | section. |
(3) The Pr inc ipa l Act is fur ther amended— (a)
by inserting next after section three the follow ing new section:—
3A. (1) Except as here inaf ter provided
every woman—
(a) who is entitled to be enrolled as an
elector pu r suan t to P a r t I I I of the
P a r l i a m e n t a r y Elec tora tes and Elec tions Act, 1912-1946; and
(b) who has, in the form contained in the Seventh Schedule to this Act, notified the chief constable of the police distr ict in which she resides tha t she is desirous of serving as a j u ro r as from the first day of J a n u a r y next following,
shall be qualified and liable to serve on jur ies for the t r ia l of all issues, civil and criminal , and for the assessment of damages in all actions a t law, and to act as a j u ro r in any dis t r ic t court .
(2) Any woman qualified and liable to
serve on jur ies or act as a ju ro r as aforesaid
constable of the police dis t r ic t for which she is shall, upon giving notification to the chief enrolled as a j u r o r of her desire to discontinue her qualification and liability to serve on jur ies or act as a j u ro r as aforesaid, cease, as from the first day of J a n u a r y next following such notifica tion, to be qualified and liable to serve on jur ies or act as a j u r o r as aforesaid.
(b) (i) by omit t ing from section four the word
" m a n " and by inser t ing in lieu thereof the
word " p e r s o n " ;
(ii)
(ii) by omit t ing from p a r a g r a p h (b) of the same section the word " h e " and by insert ing in
lieu thereof the words " s u c h p e r s o n " ;
(c)
by omitting from sections nine, thirteen, twenty- seven and fifty-seven the word " m e n " wherever occurr ing and by inser t ing in lieu thereof t he
word " p e r s o n s " ; (d)
by omitting from sections ten and fifty-eight the word " m a n " wherever occurr ing and by inser t
ing in lieu thereof the word " p e r s o n " ; (e)
by omitting from the Second Schedule the word " m e n " and by inser t ing in lieu thereof the word " p e r s o n s " ;
(f) by inserting in the Sixth Schedule next before
the le t ters " A . B . " the words " M r s . or M i s s " ; (g)
by inserting next after the Sixth Schedule the following new Schedule:—
S E V E N T H SCHEDULE. FORM OF NOTIFICATION.
TO the Chief Constable of the Police District of (insert
name of District).
I, (name), being a woman who is entitled to be enrolled as an elector pursuant to Part I I I of the Parliamentary Electorates and Elections Act, 1912-1940, now resident at (insert
address), am desirous of serving as a juror.
Dated this day of 1 9 (Signature.)
(h) (i) by omit t ing from section nine, as amended
by p a r a g r a p h (a) of section five of this Ac t , the words " s u c h m e n " and by inser t ing in
lieu thereof the words " s u c h p e r s o n s " ; (ii) by omitting from subsection three of section ten, as inser ted by p a r a g r a p h (b) of section five of this Act, the word " m e n " and by inser t ing in lieu thereof the w o r d
" p e r s o n s " ; (iii)
(iii) by omitting from the Second Schedule, as
amended by p a r a g r a p h (pp) of section five of this Act, the words "of men" and by inser t ing in lieu thereof the words "of
persons".
(1) The Pr inc ipa l Act is fur ther amended—
(a) by omitt ing subsection (1A) of section fifteen;
(b) by omitting from the heading of Part V the
words " A N D S P E C I A L J U R O R S ' L I S T S . " (c) by omit t ing section twen ty ;
(d) (i) by omit t ing from subsection one of section
twenty-six the words " a n d special j u r o r s ' l i s t " ; (ii) by omitting from the same subsection the
words " o r l i s t " ; (iii) by omitting from subsection two of the
same section the words " o r l i s t " ; (iv) by omitting from the same subsection the
words " o r special j u r o r s ' l i s t " ;
(e) by omit t ing section twenty-eight ; (f)
by omitting from section twenty-nine the word " s p e c i a l " ;
(g)
by omit t ing from section th i r ty the words " w h o shall be r e tu rned under the provisions of this Act e i ther from amongst the class of special j u ro r s or of common ju ro r s , or in cases to be t r ied on circuit pa r t l y from each class, as the
court thinks fit to o r d e r " ;
(h) by omit t ing sections th i r ty- three and thi r ty- fou r ;
(i) by omitting from section forty-one the words
" spec ia l or c o m m o n " ;
( J )
(J) (i) by omit t ing from subsection one of section
for ty- three the words " o r special j u r o r s ' l i s t " ; (ii) by omitting from the same subsection the
words " o r l i s t " wherever occurr ing;
(k) by omitting section forty-six and by inserting in lieu thereof the following section:— 46. I n determining the persons to be sum moned for a ju ry , those persons who, dur ing the t ime tha t the j u r y book has been in use, have a t tended a t a cour t in pursuance of a summons, or served on a jury , shall be excluded from ser vice as j u r o r s unt i l the l ist of names in the j u r y book has been exhausted.
(1) by omit t ing from subsection three of section
fifty-nine the words " e i t h e r special or c o m m o n " ;
(m) (i) by omit t ing from p a r a g r a p h (c) of sub
section one of section seventy-five the word
" c o m m o n " ;
(ii) by omit t ing p a r a g r a p h (d) of the same subsect ion;
(iii) by omitting from subsection three of the same section the words " o r six pounds, a s the case may b e " ;
(n) by omit t ing section seventy-six;
(o) by omit t ing from the F o u r t h Schedule the words
" e i t h e r special or c o m m o n " : (p)
by omit t ing the Fi f th Schedule and by inser t ing in lieu thereof the following Schedule:—
F I F T H SCHEDULE. FORM or PRECEPT.
(To he adopted for juries of twelve anil 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 be
holden at the court-house at , on (here insert the day of the week), the day of
now next (or instant) good and
lawful
lawful persons of the jurors' district for
aforesaid, duly qualified according to law as jurors to make
a jury of the country for the trial of all such issues of
fact or other matters as shall be then required to be tried
by a jury of (twelve or of four according as the precept
shall be intended). And that you have then there the
names of those jurors as by the law is required of you,
together with due proof of the service of a summons upon
such of the said jurors as shall have been served and of
the time and manner thereof and of the causes wherefore
the others of such jurors have not been served with suchsummons and also this writ.
Given under my hand and seal at this
day of , A.D. 19
(2) The amendments made by subsection one of this section shall not affect or inval idate the t r ia l of any issue, civil or criminal , or the assessment of damages in a n y action at law pending or commenced a t the commence ment of this Act by or had before a j u r y summoned, impanelled or consti tuted in accordance with the pro visions of the Pr inc ipa l Act.
5 . The Pr inc ipa l Act is fur ther amended— (a)
by inserting in section nine after the words " acco rd ing to this A c t " the words " o r a list compris ing such number of such men as has been previously certified to such clerk by the sheriff as being reasonably sufficient for the
est imated requi rements of the d i s t r i c t " ; (b) by inser t ing a t the end of section ten the follow ing new subsection:— (3) The foregoing provisions of this section shall be r ega rded as sufficiently complied with if the list contains such number of such men as is specified in the notice re fe r red to in section nine.
(c)
by inserting in section twelve after the words " i n every y e a r " the words " b y notice published in a newspaper c irculat ing in the dis t r ic t or by
notice served by p o s t " ;
(d)
(d) ( i) by inser t ing in subsection three of section
th i r teen af ter the words " inf i rmi ty of b o d y " the words " a n d also the names of all men who in the opinion of the just ices are , f rom the n a t u r e of the i r calling, liable to suffer undue ha rdsh ip from being called to serve as j u ro r s or whose call so to serve would occasion undue public inconveni ence ' ' ;
(ii) by inserting at the end of the same section the following new subsection:—
(6) The special pe t ty sessions may be held by and before a s t ipendiary mag i s t r a t e s i t t ing alone or by and before two or m o r e justices.
(e) (i) by omit t ing from subsection one of section fifteen the words " t h e Supreme Court or a circuit court o r " and by inser t ing in lieu thereof the words " a s i t t ing of the Supreme
Court or a dis t r ic t court or a " ; (ii) by omitting from subsection two of the same section the words " o r circuit c o u r t " and by inser t ing in lieu thereof the words " o r
d is t r ic t c o u r t " ;
(f) (i) by omit t ing from subsection one of section
seventeen the words " E x c e p t in the case of
the j u r o r s ' dis tr ict of the city of S y d n e y " ;
(ii) by omit t ing subsection two of the samesection;
(g) by omit t ing section n ine teen; (h) by omitting from section twenty-two the words
" c i r c u i t court , o r " and by inser t ing in lieu
thereof the words " s i t t i n g of the Sup reme
Court , or a " ; (i) (i) by inser t ing a t the end of subsection one of section twenty- three the words " o r a l ist compris ing such number of such persons as has been previously certified to such bench
by
by the sheriff as being reasonably sufficient for the est imated requirements of the dis t r i c t " ;
(ii) by inserting in subsection two of the same
section af ter the word " j u s t i c e s " the words " o r the s t ipendiary mag i s t r a t e or the two or more just ices const i tu t ing the special pe t ty sessions as provided by section
th i r teen of this A c t " ;
( j ) by omit t ing section twenty-five; (k)
by omitting from subsection one of section twenty-six the words " m a d e out by the sheriff or the dis t r ic t court judge, as the case may b e " and by inser t ing in lieu thereof the words
" t r a n s m i t t e d to the sheriff";
(1) by omit t ing from subsection one of section twenty-seven the words
" t h e
circuit
c o u r t s " ;
(m) by omitting from section twenty-nine the words
" w h e t h e r the t r i a l or assessment is had in the
said cour t or in any circuit c o u r t ' ' ; (n) by inser t ing next af ter section th i r ty the follow ing new sect ion:— 30A. "Where in the course of a civil t r i a l any member of a j u r y dies or is d ischarged by the cour t as being th rough illness incapable of
shall, unless the judge otherwise orders , and so continuing, or for any other reason, the ju ry long as the number of its members is not reduced below three (or in case of a j u r y of twelve below t en ) , be considered as remain ing for all the purposes of t ha t t r i a l p roper ly consti tuted, and the t r i a l shall proceed and a val id verdict may be given accordingly.
(o) (i) by omit t ing from subsection one of section
th i r ty- two the words " a n d circuit c o u r t s "and by inser t ing in l ieu thereof the word
" C o u r t " ; (ii) (ii) by omitting from subsection two of the same
section the words " o r any circuit c o u r t " ; (iii) by inserting at the end of the same section the following new subsection:—
(4) Two or more precepts may be issued re turnable a t any par t i cu la r cour t on any one day to ensure the a t tendance at any t r ia l of a sufficient number of j u r o r s to allow full r igh t of challenge to all pa r t i es .
(p) by omitting from subsection one of section
thir ty-six the words " o r any circuit c o u r t " ; (q) by omitting from section thirty-seven the words
"c i r cu i t c o u r t " and by inser t ing in lieu thereof
the words " d i s t r i c t c o u r t " ; ( r )
by omit t ing sections th i r ty-e ight and th i r ty -n ine ; (s) (i) by omit t ing from subsection one of section
for ty the words " a n d circuit c o u r t s " ; (ii) by inserting in subsection two of the same section af ter the word " e x c e p t " the words " w h e r e otherwise provided in this Act a n d " ;
( t ) (i) by omit t ing from p a r a g r a p h (a) of sub
section one of section for ty- three the words " r o t a t i n g ba l lo t -box" and by inser t ing in lieu thereof the words "bal lo t -box of a
t y p e " ;(ii) by inserting at the end of the same para g r a p h the words " c a r d s which du r ing any yea r have a l ready been d r a w n in a lot p u r s u a n t to this section being exc luded" ; (iii) by omit t ing from p a r a g r a p h (b) of the same subsection the words " S u c h box first having been made to ro ta te for one minute a t l e a s t "
and
and by inser t ing in lieu thereof the words " T h e cards in the box hav ing been
thoroughly m i x e d " ;
(u)
by omitting from subsection one of section forty- five the words " S u c h summons shall b e " and by inser t ing in lieu thereof the words " E v e r y such summons requi r ing a j u r o r to a t tend a s i t t ing of the Supreme Cour t or a s i t t ing of a
cour t of qua r t e r sessions shall b e " ; (v) by omit t ing section for ty-seven;
(w) (i) by omit t ing from section fifty the words " a n d shall annex to the said precept a panel containing the names in alphabetical order of the persons so summoned by h im in pursuance of the said j u r y precept , and shall also therewith furnish to the clerk of the said court the names of the said persons , with the i r respective addit ions and places of a b o d e " , and by inser t ing in lieu thereof the words ' ' and shall, in the case of a precept for a j u r y for the t r ia l of cr iminal issues, annex to the said precept a panel containing the names only of the persons so summoned by him in pursuance of the said j u r y precept , and in the case of a precept for a j u r y for the t r ia l of civil issues, annex to the said precept a panel containing the names of the persons so summoned by him in pursuance of the said j u r y precept with their respective addit ions, and shall also furnish therewith to the clerk of the said court in the case of a precept for a j u ry for the t r ia l of criminal issues and in the case of a precept for a j u r y for the t r i a l of civil issues the names of the said persons with thei r respect ive
addit ions and places of a b o d e " ; (ii) by inserting at the end of the same section the following new subsect ions:—
(2) No person shall, unless the judge otherwise
orders ,
p r io r
to
or
dur ing
the
the t r ia l , be allowed to inspect or to obtain a copy of any such panel annexed to a p re cept directed to the sheriff requi r ing him to summon j u r o r s for the t r ia l of any criminal issue in any court .
(3) Any p a r t y to any other proceeding not being the t r i a l of any criminal issue shall, upon payment of such fee as may be fixed by the judges of the Supreme Court , be allowed a t any convenient t ime p r io r to the t r ia l to inspect or to obtain a copy of any such panel annexed to a precept pursu an t to subsection one of this section.
(x) (i) by omi t t ing from subsection one of section
fifty-seven the words " o r a circuit c o u r t " ;
(ii) by inser t ing in the same subsection af ter
the word " a n o t h e r " the words " a n d call
each by n a m e " ; (iii) by inserting at the end of the same sub section the words " W h e r e more than one precept has been issued re turnable on any one day the said clerk shall place into such box all the cards furnished p u r s u a n t to all such precepts before d rawing any card from
such b o x " ;
(y) by omitting from subsection two of section fifty-
nine the words " tw ice the number of j u r o r s
required to be i m p a n e l l e d " and by inser t ing in
lieu thereof the words " t h e number of j u r o r s requi red for the impanell ing of the j u r y pur
suant to section sixty of this A c t " ;(z) (i) by omit t ing subsection one of section sixty and by inser t ing in lieu thereof the follow ing subsection:—
(1) I n civil issues a sufficient number of pieces of card having been d rawn out a list of the names appea r ing thereon shall be delivered by the sheriff or his deputy to the
plaintiff
plaintiff or his a t to rney or counsel by "whom a number of such names equal to one half of the number of the j u r y to be impanelled may be s t ruck therefrom and the list so reduced shall then be delivered to each defendant who has pleaded separa te ly or his a t to rney or counsel by each of whom a number of names equal to one half of the number of the j u r y to be impanelled may be also s t ruck therefrom.
(ii) by omitting subsection three of the same section and by inser t ing in lieu thereof the
following subsect ions:— (3) The cards bear ing the names s t ruck out from the list shall be r e tu rned to t he box as soon as the j u r y is sworn and im panelled and the cards bear ing the names of the j u r y sworn and impanelled shall also be re tu rned to the box at the conclusion of
the t r ia l .
(4) I n this section and in section sixty- three of this Act, "p la in t i f f " includes
pet i
t ioner and " d e f e n d a n t " includes respon dent, in tervener and co-respondent.
(aa) by omit t ing from section sixty-two the words
" t h e three next preceding s ec t i ons" and by
inse r t ing in lieu thereof the words "sec t ions
fifty-nine, sixty and s ix ty -one" ;
| (bb) by omit t ing from section sixty-four the word |
" o r d e r " and by inser t ing in lieu thereof the word " p e r m i t " ;
| (cc) by omit t ing from section sixty-five the word " t w e l v e " and by inser t ing in lieu thereof | the |
word " s i x " ; (dd) (i) by omit t ing from subsection one of section sixty-six the words " s i x h o u r s " and by in ser t ing in lieu thereof the words " f o u r h o u r s " ;
(ii)
(ii) by inserting at the end of the same sub section the words " b u t if three-four ths in number of them do not concur in any such verdict or assessment and it be found af ter examinat ion on oath of one or more of them tha t they or three-four ths in number of them are not likely so to concur then such j u ro r s may be discharged and the cause may without any new process for tha t purpose be again set down for t r ia l or assessment (as the case may be) ei ther a t the same or any subsequent s i t t ings, as the court or p re
siding judge m a y o r d e r " ; (iii) by omitting from subsection two of the same section the words " t h e whole twelve h o u r s " and by inser t ing in lieu thereof the words
" s i x h o u r s " ; (iv) by inserting at the end of the same section the following new subsection:—
(3) Where , p u r s u a n t to section 30A of th is Act, the number of j u r o r s has been reduced
to th ree—
(a)
the decision of such three jurors shall, if such j u r o r s agree , be taken and entered as the verdic t or
assessment of the j u r y ; (b)
the provisions of subsection one of this section shall no t app ly ;
(c) the provisions of subsection two of this section shall be r ead as if the words " t h e t h r e e " were substi
tu ted for the words " th ree - fou r th s in number of t h e " . I n thei r appl icat ion to a case where, pur suant to section 30A of this Act the number of a j u r y of twelve has been reduced to eleven or ten the provis ions of subsection one and of subsection two of this section shall be read as if the word " n i n e " were subst i tu ted for the words " th ree - fou r th s in
n u m b e r " in each such subsection. (ee)
(ee) by omitting from subsection one of section sixty-seven the words "some of";
( f f ) by omitting sections sixty-eight and sixty-nine;
(gg ) by omitting from section seventy the words "and circuit courts" and by inserting in lieu thereof the word "Court";
(hh) by omitting subsection two of section seventy-
one;
(ii) by omitting from section seventy-two the words
"or any circuit court";
( j j ) by omitting from section seventy-five the word "Prothonotary" wherever occuring and by inserting in lieu thereof the word "sheriff";
(kk) by omitting section seventy-nine;
(11) by omitting section eighty-one ;
( m m ) by inserting next after section eighty-four the following new sections:—
84A. Any person who publishes in any news paper the names, descriptions, addresses or photographs of the jurors or of any of the jurors
summoned or impanelled for the trial of any
issue shall be liable on summary conviction toa penalty not exceeding one hundred pounds.
84B. (1) Any employer who dismisses an employee or injures him in his employment or alters his position to his prejudice by reason of the fact that the employee is summoned to serve on a jury shall be liable on summary convic tion—
(a)
if a body corporate—to a penary not exceeding two hundred pound ;
K (b)
(b)
if any other person—to a penalty not exceeding one hundred pounds or t o impr i sonment for a t e r m not exceed ing six months or to both such penal ty
and impr isonment .
(2) The court before which the employer is charged may fur ther order t ha t the employee be re imbursed the wages lost by him and the court may also direct his re ins ta tement in his old or a s imilar posit ion.
(3) I n any proceeding for an offence aga ins t th is section if all the facts and circum stances const i tu t ing the offence other t han the reason for the defendant ' s action a re proved, i t shall lie upon the defendant to prove tha t the dismissal was not ac tuated by the reason alleged in the charge.
(4) W h e r e the employer is a body corpor a te and the dismissal complained of is proved to have been with the consent or approva l of any director , manager , secre tary or other officer of the body corporate , he, as well as the body cor pora te , shall be deemed guil ty of an offence aga ins t this section and shall be liable to be pro ceeded agains t and punished accordingly.
(5) W h e r e , p u r s u a n t to the provis ions
of subsection two of this section, the cour t has ordered tha t an employee be re imbursed the
wages lost by him, the amount of the wages so lost shall be specified in the order , and such order shall opera te as an o rde r aga ins t t he employer for the payment of money under the Small Debts Recovery Act, 1912, as amended by subsequent Acts , and be enforceable as such under the provisions of tha t Act as so amended. (6) Any employer who neglects or fails to comply with an order , made p u r s u a n t to the provis ions of subsection two of this section, direct ing re ins ta tement of an employee, shall be
liable
liable on summary conviction to a penal ty not exceeding ten pounds for each day such neglect or fai lure continues.
The amount of wages which would have been payable to the employee in respect of the per iod of such neglect or fai lure if he had been re ins ta ted in accordance with the t e rms of the order aforesaid shall be recoverable, as a debt due to the employee by the employer, in any court of competent jurisdict ion.
(nn) by omit t ing from subsection one of section
eighty-five the words " o r to the Supreme Court ,if the line has been imposed for non-at tendance
at a circuit c o u r t " ;
(oo) (i) by omit t ing from p a r a g r a p h (a) of section
eighty-six the words " o r a circuit c o u r t " ; (ii) by omit t ing from p a r a g r a p h (b) of the same section the words " i n the manner appointed by law for the recovery of fines imposed by just ices of the p e a c e " and by inser t ing in lieu thereof the words " p u r s u a n t to the Fines and Forfe i ted Recognizances Re
covery Act, 1 9 0 2 " ;
| ( p p ) by inser t ing in the Second Schedule after the words " a l l m e n " the words and symbols | " [ o r |
of men (being the number certified by the sheriff as being reasonably sufficient for the
estimated requirements of the district)]";
(qq) by omit t ing from the heading to the Th i rd
Schedule the words " o f all p e r s o n s " and by
inser t ing in lieu thereof the words and symbols
" o f all [or of persons]";
( r r ) (i) by omit t ing from the Sixth Schedule the
words " o r Circuit C o u r t " and by inser t ing in lieu thereof the words " C o u r t or Distr ic t C o u r t " ; (ii).
(ii) by omitting from the same Schedule the word " t e n " and by inserting in lieu thereof the words " a quarter to ten".
6. (1) The District Courts Act, 1912-1936, i s
amended—
(a) (i) by omitting from subsection three of section ninety the words "made at least five clear days before the day named for the hearing" and by inserting in lieu thereof the words "made not less than the pre scribed number of days before the day named for the hearing";
(ii) by omitting from the same subsection the words "at least five clear days before the day named for the hearing" and by insert ing in lieu thereof the words "not less than the prescribed number of days before the day named for the hearing";
(b) by omitting section ninety-three;
(c) (i) by omitting from subsection one of section ninety-four the words "except where other wise provided" and by inserting in lieu thereof the words "deliver to the sheriff a precept in or to the effect of the form contained in the Fifth Schedule to the Jury Act, 1912-1947, requiring him t o " ;
(ii) by omitting from the same subsection the
words "or special jurors' l i s t" ; (iii) by omitting from the same subsection the word "summons" and by inserting in lieu thereof the word "precept"; (iv) by omitting subsection four of the same section and by inserting in lieu thereof the following subsection:— (4) Before the day and at the place named in any precept for the appearance of the jurors thereby required to be summoned to attend the District Court, the sheriff shall
return
return to the registrar thereof a panel containing the names of the persons so summoned pursuant to the precept with their respective additions and shall also furnish to the said registrar the names of the said persons with their respective additions written upon separate pieces of card being as nearly as may be of equal size.
The sheriff shall previously upon the panel certify that the jurors named therein have been duly summoned and such certi ficate shall without proof of his signature be prima facie evidence that each juror whose name is included in the panel has been duly summoned to attend the court pursuant to the precept.
(d) by omitting from subsection one of section
ninety-five the words " o r special jurors ' l i s t" ; (e) by omitting from subsection two of section one hundred and thirty-four the words "may be a common or special jury, a n d " ; (f) by omitting from section one hundred and thirty- six the word "specia l" wherever occurring; (g) by omitting subsections one and two of section one hundred and thirty-seven and by inserting in lieu thereof the following subsection:—
the pieces of card furnished as aforesaid by the shall put into a box provided for that purpose (1) At the trial of any such issue the registrar sheriff.
(2) The Principal Act is further amended as
follows:—
(a) (i) by omitting from subsection five of section thirteen the word " t h r e e " and by inserting in lieu thereof the word " t w o " ;
(ii) by omitting the proviso to the same sub section;
(b)
(b)
by omitting from subsection one of section fifteen all words after the word "sheriff".
(3) The District Courts Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the District Courts Act, 1912-1947.
7. (1) The Matrimonial Causes Act, 1899, is amended—
(a) (i) by inserting at the end of subsection three of
section fifty-two the following words:—
Provided that, subject to section sixty- nine of this Act, any issue arising upon the hearing of any such petition (including the amount of damages) may be determined by the Court;
(ii) by omitting subsection five of the same section;
(b) by inserting next after subsection two of section sixty-nine the following new subsection:— (2A) A husband claiming damages may re quire the issues in the suit to be tried by a jury and the amount of the damages to be recovered to be ascertained by the verdict of a jury, although the respondent or co-respondent, or both the respondent and co-respondent, do not appear.
(c) by omitting section seventy-three and by insert ing in lieu thereof the following section:—
73. For the purposes of this Act the Court may, as occasion requires, issue such precepts directing the sheriff to summon jurors and make such orders upon the sheriff for the attendance of such number of jurors as such Court may consider requisite.
(d) by omitting from section seventy-six the word " n o w " and by inserting in lieu thereof the words " tha t for the time being."
(2) The Matrimonial Causes Act, 1899, as amended by subsequent Acts and by this Act, may be cited as the Matrimonial Causes Act, 1899-1947.
8. (1) (a) The Equity Act, 1901, as amended by subsequent Acts, is amended—
(i) by omitting from paragraph (a) of subsection two of section fifty-one the words "special or common";
(ii) by omitting from subsection one of section fifty- two the words "special or common";
(b) The Equity Act, 1901, as amended by subsequent Acts and by this Act, may be cited as the Equity Act, 1901-1947.
(2) (a) The Wills, Probate and Administration
Act, 1898, as amended by subsequent Acts, is amended—
(i) by omitting from section one hundred and forty the words "special or common";
(ii) by omitting from subsection one of section one hundred and forty-one the word " m e n " and by inserting in lieu thereof the word "persons" .
(b) The Wills, Probate and Administration Act, 1898, as amended by subsequent Acts and by this Act, may be cited as the Wills, Probate and Administra tion Act, 1898-1947.
(3) (a) The Lunacy Act of 1898, as amended by subsequent Acts, is amended by omitting from section one hundred and seven the words "and in such order shall direct whether such jury shall be a common or special ju ry" .
(b) The Lunacy Act of 1898, as amended by
| subsequent Acts and by this Act, may be cited as the |
Lunacy Act, 1898-1947.
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