Jury Trials Act 1832 No 1a (NSW)
No. III.
An Act for regulat ing the Consti tution of Ju r ies
and for the Trial of Issues in certain cases in
the Supreme Court of New South Wales.
[3rd February, 1832.]
| W H E R E A S | of t h e re ign | of | H i s la te Majesty K i n g George t he | F o u r t h |
by a n A c t of P a r l i a m e n t passed in t h e n i n t h year
| in t i tu led " An Act to provide for | the Administration | of Justice | in | New. |
"South Wales and Van Diemen's Land and for the more effectual
" Government thereof and for other purposes relating thereto " it is provided t h a t if c i ther of t h e par t ies plaintiff or defendant in any act ion at law b rough t in t h e Sup reme Cour t shall he desirous of h a v i n g any issue of fact jo ined be tween t h e said par t ies to be t r ied by a j u r y and shal l apply for t h a t purpose to t he said Cour t it shall be lawful for the said Cour t to award or t o refuse a t r i a l by j u r y as t h e jus t ice of each pa r t i cu la r case m a y seem to such Cour t t o requi re and it is fur ther provided t h a t t h e qualifications n u m b e r s a n d summonses of such ju r ies and all o the r rules for the i r cons t i tu t ion and proceeding shall be f ixed by some general L a w or Ordinance to be passed by the Governor w i th t h e advice of t he Legislat ive Counci l A n d whereas in
| pu r suance of | t he said A c t of | P a r l i a m e n t a cer ta in | L a w | or | Ordinance |
for r egu la t i ng t h e const i tu t ion of ju r ies for t he t r ia l of issues in t h e said Cour t a n d a cer ta in o ther L a w or Ordinance to amend t h e said las t -ment ioned L a w or Ordinance were passed by t h e said Governor w i t h t he advice of his said Council wh ich several Laws and Ordinances have expired and i t is expedient to amend renew and ex tend t h e pro visions thereof for a l imi ted t ime Be i t therefore enacted by H i s Excel lency t h e Governor of N e w Sou th W a l e s w i t h t h e advice of t h e Legis la t ive Counci l T h a t in all act ions a t law in t h e Supreme Cour t of t h e said Colony where in t h e said Cour t shal l award a t r i a l by j u r y
| such j u r y shal l consist of twelve persons w h o shal l be subject t o | such |
| a n d t h e l ike ru les and m a n n e r of proceeding as | are | observed u p o n the |
t r i a l of any issue of fact jo ined in H i s Majes ty ' s Cour ts of Record at Wes tmins t e r so far as t h e same m a y not be specially provided for in
| th i s | Act . |
Reques t s Cha i rmen of t he Cour t s of Sessions a n d all minis ter ia l officers of such Cour ts respectively all Members of t h e Execu t ive and Legislat ive Council all persons ho ld ing offices under t h e depa r tmen t s of Cus toms and of Excise all c le rgymen in holy orders pr iests of t h e Roman Cathol ic faith dissent ing min is te rs all bar r i s te rs a t tornies and solicitors duly admi t t ed to pract ice and actual ly prac t i s ing in the Supreme
2. A n d be i t fu r ther enacted Tha t every m a n (except as herein after excepted) between the ages of twenty-one years and s ixty years residing w i th in t h e distr ict commonly called t he Coun ty of Cumber land w h o shal l have wi th in t h e said Colony in his own n a m e or in t r u s t for h i m a clear income ar is ing out of lands houses or o ther real es ta te of a t least t h i r t y pounds per a n n u m or a clear personal es ta te of the va lue of at least t h ree hund red pounds shal l be qualified and liable to serve on ju r i e s for t h e t r i a l of any such issues jo ined in t h e said Cour t as aforesaid.
3. A n d be i t fu r ther enacted T h a t t he following persons shall no t be liable (except by and wi th the i r own consent) to serve upon any j u r y for t h e t r i a l of any such issue as aforesaid t h a t is to say all
| t h e | J u d g e s | of t h e | Supreme | Cour t | Commissioners | of t h e Cour t s of |
Supreme Cour t coroners and gaolers physic ians surgeons and apothe caries in ac tua l pract ice all mi l i t a ry a n d nava l officers on full pay licensed pilots and mas te r s of vessels ac tual ly employed in t he service of t he Crown sheriff's officers s t ipendiary constables or peace officers schoolmasters and par i sh clerks.
4. A n d he i t fur ther enacted T h a t t h e following persons shal l
no t he qualified to serve on any such j u r y as aforesaid t h a t is to say every m a n not be ing a na tu ra l -bo rn subject of t he K i n g and every m a n who h a t h been or shall be a t t a in ted of any t reason or felony or convicted of any cr ime t h a t is infamous (unless he shall have received for such cr ime a pa rdon or t he full period shal l have expired for which he shall have been sentenced to be t r anspor ted) a n d every m a n of bad fame or of dishonest life or conduct or of immora l charac ter or r epu te .
5. Provided also and be it fur ther enacted T h a t n o t h i n g herein
before conta ined shall ex tend to t h e qualifying of any person to serve on any such j u r y w h o ei ther whi le serving under a sentence passed u p o n h im in any p a r t of t he Br i t i sh dominions or after t h e expi ra t ion or remission of such sentence shal l have been convicted of any t reason felony or o ther infamous offence.
6. A n d be it fu r ther enac ted T h a t t h e several Supe r in t enden t s
of Pol ice for t h e t ime-being wi th in t h e said County of Cumber l and
a n d t h e several Benches of Mag i s t r a t e s in places wi th in t h e said
Coun ty in which t he r e are no Super in tenden t s of Police shal l i n t h e
first week in t h e m o n t h of M a r c h in th i s present year and in t h e first week in t h e m o n t h of J a n u a r y in every succeeding year p repare or cause to be p repared lists of all m e n wi th in t he i r respective townsh ips or dis t r ic ts l iable to serve on t h e said ju r ies se t t ing for th the i r chr i s t ian and su rnames residences t i t les addi t ions a n d qualifications according to t h e form annexed to th i s A c t and t h e said Super in t enden t s of Police for t h e t ime-being respect ively and t h e said Benches of Magis t ra tes respectively or any two or more of t h e said Mag i s t r a t e s shal l respectively subscribe t h e said l ists w i th a declara t ion t h a t each such list conta ins to t h e best of the i r knowledge and belief t h e names of al l persons l iable to serve on ju r i es in t h e distr ict for which i t is m a d e a n d qualified according to t h e provisions of th i s Act .
7. A n d be it fu r ther enac ted Tha t t h e said Supe r in t enden t s
a n d Mag i s t r a t e s respectively shall cause a copy of t h e l ists which shal l be m a d e out as aforesaid to be w i th in t h r ee days after t h e same shal l be prepared affixed to t h e pr inc ipa l doors of t h e Court -houses a n d also to t h e pr inc ipa l door of every publ ic place of religious worsh ip
w i t h i n t h e said towns respectively wi th a not ice signed wi th t he i r names t h a t t h e Jus t i ces of the Peace for t h e said towns and dis t r ic ts respectively will hear a t t h e t h e n n e x t P e t t y Sessions directed to be held for t h a t purpose as hereinaf ter ment ioned all objections to t h e said l ists Provided a lways t h a t t he said Super in tenden t s a n d Magi s
t r a t e s respect ively shall keep the or iginal lists or copies of t h e same to which t h e i nhab i t an t s of t h e said towns or dis tr icts respect ively shal l have access at any reasonable t ime wi th in fourteen days after t h e da te of such notice w i thou t fee in order t h a t due not ice may he given of names improper ly omi t ted or inser ted.
8. A n d be it fu r ther enacted T h a t Special P e t t y Sessions shal l
be held in t h e t h i r d week in t h e m o n t h of M a r c h in th is p resen t year and in t he t h i r d week in t h e m o n t h of J a n u a r y in every succeeding year in each of t he said townsh ips or distr icts a t which t h e said Super in ten den ts and Mag i s t r a t e s respectively shall a t t end and p roduce t h e lists so prepared and verified as aforesaid and t he r eupon t h e Jus t i ces so assembled shal l examine such lists seriatim a n d shal l s t r ike ou t of such lists t h e names of all persons no t l iable to serve or disqualified from serving as j u r o r s a n d also of such as are disabled by lunacy or
inabi l i ty
| inabi l i ty | of | m i n d | deafness | bl indness | or o ther p e r m a n e n t | infirmity | a n d |
shal l inser t all n a m e s improper ly omi t ted and correct all errors a n d mis takes in such lists a n d finally set t le t h e same a n d the said l ists w h e n so sett led shall be final and shall cont inue in force for t h e
| cu r r en t | year. |
9. A n d be it fur ther enacted Tha t it shall and m a y be lawful for t h e said Super in tenden t s of Police and Magis t r a t e s who shal l have prepared a n d submi t t ed such lists as aforesaid to assist and vote a t such P e t t y Sessions as aforesaid upon all quest ions which m a y b e p u t respec t ing t h e charac ter qualification disqualification or exempt ion of every person n a m e d in any such list or of any person whose n a m e m a y be proposed to be added there to Provided a lways
| t h a t if any ques t ion should arise respect ing t h e s t r ik ing out or | add ing |
| of a n a m e t h e same shall be decided by bal lot . |
10. A n d be it fu r ther enacted Tha t after t h e said l ists shall have been finally sett led and approved in Pe t ty Sessions in t h e m a n n e r directed in th i s Ac t as aforesaid a certificate shall be subjoined to each such list and subscribed by t h e Super in tendents and such o ther Magis t ra tes as m a y be t hen present s t a t ing t h a t t he same has been carefully examined and corrected according to t h e best of the i r know ledge and belief or a t least according to t h e best of t h e knowledge and belief of t h e major pa r t of t h e m a n d t h a t all t h e persons t h e n n a m e d in such lists are qualified to serve on ju r i es according to t h e provisions
| of th i s | Act . | ||||||
|
Police or o the r Magis t ra tes as aforesaid shall cause all t he Mag i s t r a t e s of t he respective distr icts to be specially summoned to a t t end the said Special P e t t y Sessions and the said Magis t ra tes shall sit de die in diem un t i l t he j u r y lists shal l be set t led as hereinbefore directed and if any Super in t enden t of Police or o ther Mag i s t r a t e after hav ing been so summoned shall neglect or fail to a t t end at any such Special P e t t y Sessions or if a t t end ing shall refuse or fail to vote accordingly u p o n any quest ion t h a t shall be p u t every such Super in tenden t of Police or o ther Mag i s t r a t e so refusing or failing to vote or so neglec t ing or fail ing to a t t end unless he can shew reasonable cause shal l forfeit and pay for every such offence t he s u m of twen ty pounds to be sued for in t he n a m e of t h e A t to rney Genera l and to be appro pr ia ted in t h e same m a n n e r as all fines and forfeitures levied unde r th i s A c t and t h e Clerks of t h e said Benches respectively shal l no te t h e
| names of all such Magis t ra tes as shall a t t end t h e said Special Sessions | and as shal l be absent from t h e same from day to day and a t t h e close | |||
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| General . | ||||
| 12. A n d be it fur ther enacted Tha t as soon as t h e said l ists shal l be set t led as aforesaid t he same shall be immedia te ly t r a n s m i t t e d by the said Jus t i ces to t h e Sheriff and the Sheriff upon receiving such lists shall w i th in t en days after t h e receipt thereof in each and every year cause to be t ranscr ibed fairly in a book to be kep t in his office for such purpose a n d to be styled t he " J u r o r s ' Book" t h e names of all persons conta ined in such lists respectively wi th the addit ion of the i r respective residences t i t les and qualifications in a lphabet ica l order beg inn ing under each le t te r of t h e a lphabet with t he s u r n a m e of each | ||||
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| 13 . A n d be it fur ther enacted Tha t a t r u e and faithful copy of t h e said j u ro r s ' s book shal l be m a d e by t h e said Sheriff in each and every year as soon as convenient ly m a y be and shall be delivered u p o n oa th by t h e said Sheriff to t h e Clerk of t h e Supreme Cour t in |
order
order t h a t t h e same m a y be referred to in t h e said Cour t a t t h e t r i a l of every issue as aforesaid.
14. A n d to t h e end t h a t al l persons l iable to serve on a n y
such ju r ies as aforesaid m a y bear a n equal share of t h e publ ic du ty imposed on t h e m be i t fu r ther enac ted T h a t as often as a wr i t of venire facias as hereinaf ter provided shal l be delivered to t h e Sheriff
r equ i r i ng h i m to s u m m o n j u r o r s for t h e t r ia l of any such issues as
aforesaid t h e Sheriff shal l a n d he is he reby requi red to s u m m o n all
persons (not be ing on t h e special j u r y list as hereinaf ter provided)
whose n a m e s shal l be t ranscr ibed in such j u r o r s ' book according to t h e order in which such n a m e s shal l successively be placed u n t i l every such person shal l have been summoned in his t u r n and in case any such person shal l m a k e default every such defaulter shal l be s u m m o n e d a second t i m e or oftener u n t i l h e shal l have served for such default or defaults a n d such order shal l be observed in each succeeding year t h e Sheriff beg inn ing w i t h t h e names in t h e new
book n e x t after t h e n a m e s of t h e persons i n t h e last book who were
las t s u m m o n e d to a t t end on such ju r ies as aforesaid.
15. A n d be i t fu r ther enac ted T h a t in case t he said Cour t
shal l award a t r i a l by j u r y in any such act ion as aforesaid i t shal l be lawful for the said Cour t to issue a genera l venire facias for t h e t r i a l of all a n d every issue or issues of fact jo ined as aforesaid and ordered for t r i a l by j u r y in t h e said Cour t a n d the form of such venire facias shall be sett led by t h e said Cour t a n d shal l direct t h e
Sheriff to s u m m o n so m a n y ju ro r s to a t t end t h e said Cour t and a t
such t i m e or t imes as t h e said Cour t shal l direct and appoin t P ro
vided a lways t h a t t h e names of no more t h a n th i r ty - s ix no r less t h a n
e igh teen persons duly qualified to serve as j u r o r s as aforesaid shal l be included in any such venire facias and t h a t every such venire facias shal l be issued to t h e Sheriff e ight clear days before t h e a t tend ance of such j u r o r s shall be requ i red a n d t h a t t h e said j u ro r s shal l be severally s u m m o n e d by t h e said Sheriff or his p roper officer four clear days before the i r a t t endance shal l be requ i red and every such
s u m m o n s shal l be in wr i t i ng and signed by t h e Sheriff or h is depufy to t h e following effect—
M r . A . B . (naming the juror) you are hereby requi red to appear as a j u r o r a t t he Supreme Cour t in Sydney to be held on t h e
day of n e x t and t he r e to a t t end from day to
day un t i l you shal l be discharged by t h e said Cour t .
(Signed) C. D . Sheriff.
and t h e said s u m m o n s shal l be left a t t h e respective places of abode
of t h e said j u ro r s .
16. A n d be i t fur ther enac ted T h a t if any person du ly
s u m m o n e d as a j u r o r as aforesaid shal l m a k e default and fail to a t t end t h e said Cour t (upon proof on oa th of such person be ing duly summoned as aforesaid) every such person shal l forfeit a s u m no t exceeding t e n pounds a t t h e discret ion of any J u d g e or J u d g e s of
t h e said Cour t to be levied a n d appropr ia ted in l ike m a n n e r as all
o ther fines a n d forfeitures unde r t h i s A c t unless some j u s t cause for
such defaul ter ' s absence shal l be m a d e to appear by oa th or affidavit to t h e satisfaction of t he said Cour t .
17. A n d be i t fur ther enacted Tha t a t t he s i t t ing of t he said
Cour t for t he t r ia l of any such issue as aforesaid t h e n a m e addit ion and place of abode of each j u r o r summoned as aforesaid shall be wr i t t en on a separate piece of card or paper and p u t in to a box and when such issue is called on to be t r ied t he Chief Clerk or other minis ter ia l officer of t he Cour t shall in open Cour t draw therefrom u n t i l twelve men appear who are not objected to or chal lenged and after
t h e
| t h e t r i a l such names shal l be r e t u r n e d to t h e box to be kep t | w i th | t he |
| o the r | u n d r a w n | n a m e s and so toties quoties | as long as any issue shall |
| r e m a i n | to be | t r ied. |
18 . A n d be it fu r ther enacted T h a t w h e n a cause appoin ted to
| be | t r i ed by a common j u r y shal l be called on a n d a sufficient | n u m b e r |
| of j u r o r s summoned to a t t end such Cour t | shal l no t be in a t t endance | i t |
| shal l be competent to e i ther p a r t y to t h e cause to p ray a tales | and the |
| Cour t | or J u d g e may | t h e n | c o m m a n d | t h e | Sheriff or his depu ty | for thwi th |
| to s u m m o n as m a n y good a n d | lawful | m e n | of t h e | bys tanders | (being |
| qualified a n d l iable as j u r o r s as aforesaid) | as shal l be sufficient to |
| m a k e u p a full j u r y for t h e t r i a l of such cause as | aforesaid. |
19. A n d be i t fur ther enacted T h a t every j u r o r w h o shal l a t t end
| t h e said Cour t to t r y civil | issues | in | p u r s u a n c e | of | such | s u m m o n s | as |
aforesaid shal l be ent i t led to receive for every day du r ing h is a t t end ance upon t h e said Cour t a compensat ion for his expenses a t a n d after t h e following ra tes t h a t is t o say if such person shall reside w i th in t h e Town of Sydney or wi th in two miles thereof t h e s u m of t w o
| shi l l ings | for | every | day | such j u r o r | shall a t t end the said Cour t a n d if |
such j u r o r shal l reside a t t h e dis tance of more t h a n two miles from the said town t h e s u m of five shi l l ings for every day such j u r o r shal l be so in a t t endance and t h e fur ther s u m of e ight-pence per mile for
| every mile he shal l reside beyond t h e l imi t s of | Sydney. |
20. A n d be i t fur ther enacted T h a t t h e Chief Clerk of the Cour t or o ther proper officer shal l keep an account of t h e n u m b e r of days each j u r o r shall be called and answer to such call a n d duly a t tend t h e said Cour t and after t h e expi ra t ion of t h e t i m e appoin ted by the
| Cour t for t h e a t t endance of | such j u r o r s | respectively t he said Clerk or |
| o ther p roper officer | shal l deliver to every such j u r o r a shor t | account |
| or | m e m o r a n d u m | i n | wr i t i ng | se t t ing | forth | t h e | n u m b e r | of | days | such |
j u r o r m a y have been in a t t endance u p o n t h e said Cour t and t h e dis tance from Sydney (if such j u r o r reside more t h a n two miles beyond Sydney) from which such j u r o r m a y have a t t ended and t h e s u m of money to
| which | such j u r o r m a y be ent i t led and t h e said | m e m o r a n d u m | shal l | be |
| t a k e n | by such j u r o r to t h e | Sheriff | a n d t h e | Sheriff | shal l | t he reupon |
| pay to such j u r o r | t h e s u m of money to which he m a y be ent i t led as |
| aforesaid. |
2 1 . A n d in order to provide a fund for t h e p a y m e n t of j u r o r s
be i t fu r the r enacted T h a t t he re shal l be pa id by t h e p a r t y or par t ies w h o shal l ob ta in a verdict in any cause t r ied b y a common j u r y as aforesaid in to t h e h a n d s of t h e Chief Clerk or o ther p roper officer
| of t he said Cour t t h e s u m of two pounds a n d such and t h e l ike |
s u m shal l be al lowed t o such p a r t y or par t ies in t h e t a x a t i o n of costs and all sums of money so received by the said Clerk or o ther officer of t h e said Cour t shal l be pa id over to t h e Sheriff a n d t h e same toge ther w i t h all fines and forfeitures levied under th i s L a w or Ordinance shal l form and be a fund for t h e p a y m e n t of t h e expenses
| of ju ro r s in | a t t endance u p o n | t h e | said Cour t and shal l be paid and |
applied to such purpose accordingly.
22. A n d be i t fur ther enacted Tha t t h e J u d g e s of t h e said
Supreme Cour t or any one J u d g e in vacat ion m a y g r a n t a ru l e where i t appears expedient t h a t t h e j u r y should have a view of any place in d ispute and t h a t any J u d g e or J u d g e s of t h e said Cour t m a y order such s u m as such J u d g e or J u d g e s may t h i n k reasonable for defraying t h e expenses of such view to be deposited in t h e h a n d s of t h e Sheriff b y t h e p a r t y apply ing for such view a n d such s u m shall be pa id over to such j u r o r s as shal l have h a d such view a n d shal l be t axed a n d al lowed by t h e Mas te r or o ther proper officer of t h e Cour t in l ike m a n n e r as t h e o ther costs of t h e same and t h a t two or more j u r o r s
| as shal l be m u t u a l l y agreed upon between t h e | par t ies | to | t h e | sui t | or |
in
in case t h e par t ies cannot agree as shall he nomina ted by t h e Sheriff shal l be shewn t h e place by two persons to be appoin ted by t h e Cour t or J u d g e who shall sit for t h e t r i a l of issues for t he t ime Provided t h a t t h e n a m e s of t h e viewers shal l b e r e t u r n e d by t h e Sheriff and provided also t h a t such viewers shal l be t h e first of t h e j u r y who shall be called and sworn of t h e j u r y to t r y t h e issue.
23 . A n d be i t fu r the r enacted Tha t in every case where in a
j u r y shal l have been g ran ted as aforesaid for t h e t r ia l of any issue or issues if e i ther of t h e par t ies plaintiff or defendant shal l m a k e
appl ica t ion to t he Cour t s t a t ing his desire to have t h e said issue or issues t r ied by a special j u r y t he J u d g e s of t h e said Cour t shal l
fo r thwi th issue direct ions for s u m m o n i n g a special j u r y cons t i tu ted
as is hereinaf ter more pa r t i cu la r ly described for t h e t r i a l of such issue or issues be tween t h e said plaintiff and defendant.
24. A n d be i t fu r ther enacted T h a t every m a n described in
t h e said j u r o r ' s book as a n Esqu i r e or person of h igher degree or as a Ju s t i ce of t h e Peace or as a m e r c h a n t (such m e r c h a n t no t keeping a general re ta i l shop) or as a b a n k director shal l be qualified to serve on special ju r i es for t h e t r i a l of issues in t h e Supreme Cour t as aforesaid a n d shal l in considerat ion of such qualifications be exempted from serving except w i th his own consent on any common j u r y as aforesaid.
25. A n d be i t fur ther enacted Tha t t he Sheriff shall w i t h i n t e n
days after h e shal l have received t h e l is ts of j u r o r s from t h e Mag i s t r a t e s ex t rac t from t h e said l ists t he names of all persons w h o shal l be qualified and liable to serve on special ju r i es and shal l cause t h e n a m e s so ex t rac ted to be fairly and t r u l y copied out in a lphabet ica l order toge ther w i t h t he i r respective places of abode a n d addi t ions which l ist shal l be called t h e " Special Jurors' List" and be subjoined to t h e j u r o r s ' book a n d t h e said Sheriff shal l prefix to every n a m e
in such list i ts p roper n u m b e r beg inn ing t h e n u m b e r s from t h e first
n a m e a n d con t inu ing t h e m in a r egu la r a r i thmet ica l series down to
t h e last n a m e a n d shall cause t h e said several n u m b e r s to be w r i t t e n
upon dis t inct pieces of p a r c h m e n t or card be ing all as near ly as m a y
be of equa l size a n d after all t he said n u m b e r s shal l have been so
w r i t t e n shal l p u t t h e same toge the r in a separate drawer or box a n d
shal l t h e r e safely keep t h e same to be used for t he purpose hereinafter ment ioned . 26. A n d be i t fur ther enacted Tha t whenever t h e said Supreme
Cour t shal l have awarded a j u r y for t h e t r i a l of any issue and e i ther
p a r t y plaintiff or defendant shal l r equ i re a special j u r y the Chief Clerk or o ther officer of t h e Supreme Cour t shal l appoin t a t ime and place for t h e s t r ik ing of such special j u r y and the said officer a t t h e t ime and place be ing a t t ended by t h e Sheriff or his officer who is hereby requ i red
to b r i n g wi th h i m t h e special j u r o r s ' l ist and all t h e n u m b e r s so wr i t
t e n on distinct pieces of p a r c h m e n t or card as aforesaid shall i n t h e presence of all t h e par t ies to t h e issues to be t r ied and of the i r a t to rn ies (if they respectively choose to a t t end or if t h e said par t ies or the i r a t torn ies or all or any of t h e m do n o t a t t e n d t h e n in t he i r absence) p u t all t h e said n u m b e r s in to a box to be by h i m provided for t h a t pu r pose and after hav ing shaken t h e m toge ther shal l draw out of t h e said box forty-eight of t he said n u m b e r s one after ano ther and shal l as each n u m b e r is d r a w n refer t o t h e corresponding n u m b e r in t h e special
j u r o r s ' l ist and read a loud the n a m e designated by such n u m b e r a n d
w h e n such forty-eight n u m b e r s shal l have been d rawn t h e said Sheriff
shall p repa re two lists of t h e men ' s names wi th t h e n u m b e r s as t hey are
wr i t t en in t h e special j u ro r s ' l ist and shall deliver one l ist t o t h e plaintiff or his a t to rney and ano the r l ist to t h e defendant or h is a t to rney and t h e forty-eight names contained in t h e l ists so delivered shal l be reduced to e ighteen by t h e plaintiff or his a t to rney a n d t h e defendant or his
a t to rney
| a t to rney each of t h e m | s t r ik ing | out | a t | h is | discret ion | fifteen | different |
| n a m e s from | each | of t he said l is ts . |
27. A n d he i t fur ther enacted Tha t as soon as any special j u r y shal l be s t ruck as aforesaid t h e same shal l be severally s u m m o n e d by t h e Sheriff or his officer t o a t tend t h e Supreme Cour t on t h e day appo in ted for t h e t r ia l of such cause according to t h e form a n d m a n n e r
| hereinbefore directed for | t h e | s u m m o n i n g | of | common ju r ies | and | t h e |
| Sheriff | shal l on t h e day appoin ted for t h e t r i a l deliver | t o | t h e | Chief |
| Clerk or o ther proper officer of t h e Supreme Cour t t h e t w o | aforesaid |
| reduced lists of j u r o r s toge ther | w i t h t h e box from | which | t h e | n u m b e r s |
were d rawn and shal l p u t the re in all t h e n u m b e r s cor responding w i t h t h e names remain ing on t h e said two reduced lists and t h e said officer shal l in open Cour t d raw from the box one n u m b e r a t a t i m e a n d shal l repea t a loud t h e corresponding n a m e from t h e said l ists u n t i l twelve m e n shal l answer which said twelve m e n being duly sworn shal l be deemed and t a k e n to be t h e special j u r y .
28. A n d be i t fu r ther enacted T h a t when t h e cause appointed
to be t r ied by a special j u r y as aforesaid shal l be called on a n d a sufficient n u m b e r of j u r o r s s u m m o n e d to a t t end such Cour t shal l no t
| be in a t t endance i t shal l be competent t o e i ther pa r ty to p r a y | a | tales |
| a n d | t h e | Cour t | or | J u d g e s | m a y | t h e n | c o m m a n d t h e | Sheriff | or his depu ty |
| fo r thwi th to s u m m o n as m a n y good and lawful | men of t h e | bys tanders |
| (being qualified a n d l iable as such special j u r o r s | as aforesaid | unde r |
| t h e provisions of th i s Ac t ) as shal l be sufficient | to m a k e u p a full j u r y |
for t h e t r i a l of such cause as aforesaid Provided however t h a t such Cour t shal l in no case allow such tales unless a t least n ine of t he j u r o r s s u m m o n e d for t h e t r i a l of t h e cause should be t h e n in a t t endance at
| t h e | Cour t . |
29. A n d be i t fur ther enacted Tha t t h e same special j u r y m a y
| t r y any n u m b e r of causes | in which a t r i a l | by special j u r y shal l | have |
| been awarded u p o n t h e par t ies plaintiff | and defendant | consent ing |
| the re to | in wr i t i ng | any t h i n g | in | th i s Ac t | conta ined | to | t h e | cont ra ry |
no twi th s t and ing .
30. A n d be it fur ther enacted T h a t t h e person or p a r t y who
| shal l app ly for a special j u r y for t he t r i a l of any civil issue shal l | pay |
| t h e fees for s t r ik ing such j u r y and all t h e expenses occasioned | by |
| t h e t r i a l of t h e cause by t h e same a n d | shal l n o t | have any fur ther |
a l lowance for t h e same upon t axa t ion of costs t h a n such p a r t y or person would be ent i t led to in case t h e cause h a d been t r ied by a common j u r y as hereinbefore directed unless t h e J u d g e before w h o m
| t h e cause is t r i ed shal l | immedia te ly after t h e verdic t certify u n d e r | his |
h a n d t h a t t h e same was a cause proper to be t r i ed by a special j u ry .
3 1 . A n d be it fur ther enacted T h a t every special j u r o r for t h e
t r ia l of every civil issue as aforesaid shal l be allowed the sum of fifteen shi l l ings and in cases where a view shal l be directed such
| fur ther s u m | as shal l be t axed or allowed by t h e | Cour t or J u d g e | as |
hereinbefore provided w i t h respect t o common ju r ies .
32. A n d be i t fu r ther enacted Tha t every special j u r o r who
shal l be summoned for t h e t r ia l of any civil issue as aforesaid or any c r imina l issue as hereinafter men t ioned and shal l a t t end t h e said Cour t in pur suance of such s u m m o n s and w h o shal l reside a t t h e d is tance of more t h a n five miles from t h e Town of Sydney shal l be al lowed for such a t t endance t h e s u m of e ight-pence per mi le for every mi le he shal l reside beyond t h e l imi ts of Sydney and the said allow ance shal l be computed and pa id in such and the l ike m a n n e r as herein before directed wi th respect to t h e mi leage allowed to common j u r o r s
| Prov ided | however t h a t no such al lowance shall be m a d e to any | such |
| j u r o r | for m o r e t h a n | one a t t endance | at any | one t ime . |
2 K 33 .
33 . A n d be i t fu r ther enac ted T h a t if any special j u r o r shal l
no t a t t end on be ing du ly s u m m o n e d or otherwise m a k e default in n o t
appea r ing in p u r s u a n c e of such s u m m o n s as aforesaid every such j u r o r
shal l be fined in a s u m n o t exceeding t w e n t y pounds a t t h e discretion
of any J u d g e or J u d g e s of t h e said Cour t t o be levied and appropr ia ted
in l ike m a n n e r as all o ther fines and forfeitures u n d e r th i s A c t unless
some j u s t cause for such defaul ter ' s absence shal l be m a d e to appear by oa th or affidavit t o t h e satisfaction of t h e said Cour t .
34. A n d be i t fu r ther enacted T h a t if any Sheriff or other
minis te r or officer shal l wilfully inser t or omit in t h e j u r o r s ' book t h e n a m e of any m a n n o t inc luded in t h e l is ts of j u r o r s as aforesaid or shall fail to deliver a correct copy thereof to t h e Clerk of t h e Supreme Cour t or shal l o therwise fail well a n d faithfully to do a n d per form all and every t h e acts m a t t e r s and th ings hereby requ i red to be by h i m performed such Sheriff or o ther min is te r or officer shal l be fined a t t h e
discret ion of t he Cour t .
35 . A n d be i t fu r ther enacted T h a t any Super in tenden t of
Police Mag i s t r a t e Clerk of t he P e t t y Sessions or o ther min is te r ia l officer w h o shal l wilfully neglect or refuse to execute any of t h e dut ies in t h e m a n n e r here in prescr ibed shal l forfeit for every such offence t h e s u m of fifty pounds one half t o t he person su ing in t h e Supreme Cour t for t h e same t h e o ther to be appropr ia ted in l ike m a n n e r as all o ther
fines a n d forfeitures u n d e r th i s Act .
36. A n d be i t fu r ther enacted T h a t any person gu i l ty of t h e
offence of cor rup t ly influencing or a t t e m p t i n g to influence any such
j u r o r as aforesaid or j u ro r s consent ing the re to m a y be pun i shed w i t h
fine a n d impr i sonmen t on conviction before t h e said Sup reme Cour t .
37. A n d be i t fu r ther enac ted T h a t al l fines to be imposed
u n d e r th i s L a w or Ord inance b y t h e Sup reme Cour t shal l be levied in t h e same m a n n e r as any o ther fines imposed by t h e Supreme Cour t
a n d shal l form a fund for t h e p a y m e n t of j u r o r s as hereinbefore pro
vided a n d shal l be accounted for in l ike m a n n e r as o ther fines and forfeitures imposed by the said Cour t . 38 . A n d whereas it is expedient t o m a k e some al lowance to
assessors for the i r loss of t i m e in a t t end ing t h e Supreme Cour t for
t h e t r i a l of issues as by law t h e y are requ i red Be i t therefore fu r ther enacted T h a t each a n d every assessor a t t end ing t h e said Cour t shal l for t h e t r i a l of every issue u p o n wh ich he shal l serve be al lowed t h e s u m of t en shi l l ings and such s u m shal l immedia te ly be pa id by t h e successful
p a r t y to each assessor serving as aforesaid a n d shal l be t axed a n d allowed as hereinbefore directed w i t h respect t o common jur ies .
39. Prov ided a lways a n d be i t fu r ther enacted Tha t no fur ther or o ther expense occasioned by t h e t r i a l of any civil issue or cause in t h e said Cour t by a j u r y shal l be al lowed u p o n t axa t i on of costs t h a n
would be allowed for a t r ia l by assessors unless t h e J u d g e before
w h o m such cause m a y be t r ied shal l immedia te ly after t h e verdic t
certify u n d e r his h a n d t h a t t h e same was more proper to be t r ied by
a j u r y t h a n by assessors.
40. A n d whereas by t h e said reci ted A c t of P a r l i a m e n t i t is
amongs t o ther t h i n g s fu r ther enacted T h a t i t shal l and m a y be lawful for H i s Majes ty H i s H e i r s and Successors by a n Order to be by h i m or t h e m issued w i t h t h e advice of h is or the i r P r i vy Council a t any t i m e
or t imes thereaf ter to au thor ize t h e Governors of N e w Sou th W a l e s and V a n Diemen ' s L a n d respectively or e i ther of t h e m w i t h t h e advice
of t h e Legis la t ive Counci ls of t h e said Colonies respect ively or ei ther
of t h e m fur ther to ex tend and apply t h e form a n d m a n n e r of pro
ceeding by G r a n d or Pe t i t J u r i e s or e i ther of t h e m in t h e p re sen tmen t a n d t r i a l of al l c r imes misdemeanors issues m a t t e r s a n d th ings p roper ly cognizable by ju r i e s in such pa r t s of t h e said Colonies and
the i r
t he i r Dependencies respectively a t such t i m e and wi th unde r and subject t o such l imi ta t ions modifications a n d rules in respect thereof as to t h e said Governors and Councils respect ively should seem meet and as should from t ime to t ime be specified by any L a w or Ord inance to be by t h e m m a d e in such behalf and whenever and so far as such m a n n e r of proceeding by ju r i es shall from t i m e to t ime be extended a n d applied as aforesaid t h e n the form and m a n n e r of proceeding therein-before directed as well in t h e prosecut ion of offences as in t h e t r i a l of issues shal l cease a n d de te rmine A n d whereas by an Order
| in Counci l bea r ing date t h e twen ty-e igh th day | of J u n e | one | t housand |
e ight h u n d r e d and t h i r t y H i s said la te Majesty was pleased by and wi th t he advice of his Council and in pu r suance and exercise of t h e au thor i ty so vested in h i m as aforesaid by t h e said Ac t of Par l iament to au thor ize t he Governors of N e w Sou th W a l e s and V a n Diemen ' s Land respectively wi th t h e advice of t he Legislat ive Councils of t h e said Colonies respectively t o ex tend and apply t h e form and m a n n e r
| of proceeding by Grand and | Pe t i t J u r i e s or c i ther of t h e m a t | such |
| t imes and wi th u n d e r and subject to such l imi ta t ions modifications a n d ru les in respect thereof as to t h e said Governors and Councils respectively should seem meet and as should from t ime to t i m e be specified in any L a w or Ordinance to be by t h e m made in such behalf A n d whereas i t is expedient to ex tend and apply t he t r ia l by jur ies to cer ta in cr imes a n d misdemeanors hereinafter par t i cu la r ly ment ioned Be i t therefore enacted Tha t in all cases in which any person or persons shal l be charged wi th and prosecuted for any cr ime misdemeanor or offence in t h e Supreme Cour t of t h e said Colony and t h a t t h e said pa r ty or par t ies so charged shal l a t t he t i m e of his he r or the i r be ing b r o u g h t u p to be a r ra igned for such offence or offences m a k e it appear to t he satisfaction of t h e said Cour t t h a t t h e Governor or any M e m b e r of t h e Execut ive Counci l of t h e said Colony of New South Wales is t h e person aga ins t w h o m such offence or offences is or a rc alleged to have been commi t t ed or has any personal in teres t in t h e resul t of such prosecut ion or t h a t t he personal in teres t or r epu ta t ion of any Officer of t h e N a v y or A r m y on t h e s ta t ion of t h e said Colony or t h e in teres t or r epu ta t ion of e i ther of these bodies general ly is involved in such prosecut ion or will be affected by i ts resul t t he said Cour t shal l order and direct t h a t t he said person or persons so accused as aforesaid shall be t r ied by a j u r y of twelve civil i nhab i t an t s of t he said Colony and shall adjourn t he t r i a l of the said person or persons to such fu tu re clay as to t he said Cour t shall seem meet t o enable | t h e | Sheriff | t o | r e t u r n | to | t he | said | Court a | list | of j u r o r s | for |
| t h a t purpose | Provided however | t h a t | t h e person | or | persons | m a k i n g |
| such s t a t emen t a n d appl icat ion to t h e said Cour t as aforesaid shal l | have |
| previously served a not ice in wr i t ing of his her or the i r in t en t ion | of |
m a k i n g such s ta tement and appl ica t ion upon H i s Majesty 's A t t o r n e y Genera l for t h e said Colony or o ther prosecutor or prosecutors in such case at least four days before t h e t ime of his he r or the i r be ing so arra igned as aforesaid.
4 1 . A n d be i t fur ther enacted Tha t in case t h e said Cour t shal l
| award a | t r i a l by j u r y of | civil i n h a b i t a n t s for such | offence | or | offences |
| as aforesaid i t shall be lawful for t h e said Cour t to issue a venire | facias |
| or precept to t he | Sheriff | direct ing | h im | to | s u m m o n so m a n y j u r o r s of |
t h e civil i nhab i t an t s a n d at such t ime or t imes as t he said Cour t shall di rect and appoint and the said Sheriff shall upon receipt thereof duly cause to be summoned t h e n u m b e r of j u r o r s directed by t h e said writ
| or precept which said j u r o r s shall be | t aken from | the | special | j u r o r s ' |
l is t p u r s u a n t to t h e provisions of th i s A c t a n d t h e said Sheriff shall r e t u r n to t h e said Cour t a list of t he said j u r o r s so summoned by him
| p u r s u a n t | to t he directions of | t he said wr i t or | precept . |
42. A n d be i t fur ther enac ted T h a t t h e j u r o r s so summoned as last aforesaid shall be subject in all respect to such a n d t h e l ike p ro -
" visions and t h e t r i a l of any such offence by such ju r i es shall proceed
in l ike m a n n e r a n d be subject to such and t h e l ike ru les and regula t ions as hereinbefore are m a d e and directed wi th respect to t h e t r i a l of civil issues by a special j u r y in t h e said Cour t .
43 . A n d be i t fur ther enac ted Tha t th i s Law or Ord inance shal l
commence a n d t a k e effect from a n d after t h e publ ica t ion thereof and shal l cont inue and be in force u n t i l t h e first day of M a r c h one t h o u s a n d e ight h u n d r e d a n d th i r ty- four .
F O R M O F R E T U R N O R L I S T R E F E R R E D TO.
T h e L i s t of a l l M e n w i t h i n t h e D i s t r i c t o r T o w n of l i a b l e t o se rve on J u r i e s .
District or Place in Christian Title Quality Nature
Towns add the and Surnames at Culling or Business. of Qualification.
name of the Street. full length. Parramatta Freehold one hundred
Adams John Esquire
Macquarie-street pounds per annum. Sydney Four hundred pounds
Bowles James Grocer
George-street of personal estate.
A . B .
S u p e r i n t e n d e n t of P o l i c e or
M a g i s t r a t e for
0
0
0