Jury Trials Act 1833 No 13a (NSW)

No. XII.

An Act to continue for a limited time an Act of the Governor and Council of New South Wales intituled " An Act for regulating the

" constitution of Juries and for the Trial of " Issues in certain cases in the Supreme Court of

"New South Wales" and to make further

provision for Trial by Jury in Criminal Cases

in the said Colony. [28th August, 1833.]

W H E R E A S by an Act of P a r l i a m e n t passed in t he re ign of H i s la te Majesty K i n g George t h e F o u r t h in t i tu led

t h e n i n t h year of

" An Act to provide for the Administration of Justice in New South

" Wales and Van Diemen's Land and for the more effectual Govern-

" merit thereof and for other purposes relating thereto " i t is enacted

t h a t i t shall a n d m a y be lawful for H i s Majesty H i s H e i r s and Suc­ cessors by a n Order to be by h i m or t h e m issued wi th t he advice of his or the i r P r ivy Counci l a t any t ime or t imes hereafter to au thor ize t h e Governors of N e w South 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 wi th t he advice of t he Legislat ive Councils of t he said Colonies respectively or e i ther of t h e m fur ther to extend and app ly t he form and m a n n e r of proceeding by g rand or pe t i t ju r ies

or e i ther of t h e m in t he p re sen tmen t and t r ia l of all crimes

misdemeanors issues ma t t e r s and th ings proper ly cognizable by ju r ies in such pa r t s of t h e said Colonies and their Dependencies respectively a t such t imes and wi th unde r and subject t o such l imita­ t ions modifications and rules in respect thereof as to t h e said Governors and Councils respectively shall seem meet and as shall from t ime to t i m e be specified by any L a w or Ordinance to be by t h e m m a d e in

such behalf A n d whereas by an Order in Counci l bear ing date t h e

twen ty-e igh th day of J u n e one thousand eight hund red and t h i r t y his said la te Majesty was pleased by a n d wi th the advice of his Council to au thor ize t he Governor of New South W a l e s w i t h t h e advice; of t he Legis la t ive Council t o ex tend and apply the form and m a n n e r of pro­ ceeding by g rand and pet i t jur ies or e i ther of t h e m a t such t imes and wi th unde r and subject to such l imi ta t ions modifications and rules in respect thereof as to t he said Governor and Counci l should seem meet and as should from t ime to t ime be specified in any Law or Ordinance to he by t h e m m a d e in such behalf A n d whereas an Ac t of the Governor wi th t he advice of t he Legislat ive Counci l of t he said Colony was passed in t h e second year of t he re ign of H i s p resen t Majesty in t i t u l ed " An Act for regulating the constitution of Juries and for

" South Wales" which Ac t will expire on t h e first day of M a r c h one1	"for the Trial of Issues in certain cases in the Supreme Court of New
t housand e ight h u n d r e d and th i r ty-four and it is expedient to cont inue t h e said A c t (except so m u c h thereof as is hereafter repealed) for a
l imi ted t ime and to m a k e fur ther provision for ex tend ing t r ia l by j u r y
to all c r iminal cases in the said Colony Be it therefore enacted by 1
H i s Excel lency the Governor wi th t h e advice of t h e Legislat ive Council thereof t h a t t h e said recited A c t of t he Governor and Council (except so m u c h thereof as is hereafter repealed) shall be and t h e same is con­ t inued in force from the said first day of M a r c h un t i l t he t h i r t i e th day of J u n e one thousand eight hund red and thirty-five.

3 N 2.

2. A n d be it fur ther enacted Tha t all a n d every issues and issue of fact jo ined on any informat ion which shall be exhibi ted in t h e Supreme Court agains t any person or persons for any cr ime misde­ meanor or offence shal l be t r ied by a j u r y of twelve of t he inhab i t an t s of the said Colony provided any such person or persons shall be desirous of h a v i n g any such issues or issue of fact so t r i ed and shall declare such his her or the i r desire upon be ing a r ra igned upon any such informat ion in the said Cour t and every such j u r y shall be subject to such and t h e l ike ru les regula t ions a n d provisions as to thei r qualifications and exempt ions as in and by t h e said reci ted A c t of t he Governor and Counci l a re made and provided respect ing ju r ies for t h e t r ia l of issues joined in act ions at law in t h e said Cour t .

3 . A n d be i t fur ther enacted T h a t so m u c h of t h e said recited

Ac t of t h e Governor and Counci l as relates to t h e disqualifications of persons to serve on ju r ies shal l be and the same is hereby repealed and t h a t from and after t h e pass ing of th i s A c t no m a n no t be ing

a n a t u r a l bo rn subject of t h e K i n g and no 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 a n y cr ime t h a t is infamous (unless he shall have received for such cr ime a free pa rdon or shall be wi th in t h e benefit and protect ion of some Ac t of Pa r l i amen t hav ing t h e force and effect of a pa rdon under t he Grea t Seal for such crime) shall be qualified to serve on any j u r y for t h e t r i a l of any issue jo ined in any case ei ther civil or c r iminal in the said Colony.

4. Provided always and be i t fu r ther enacted T h a t n o t h i n g

here in contained shall be deemed or t a k e n to ex tend to qualifying any person to serve on any such j u r y who ei ther while serving under any sentence passed upon h i m in any p a r t of t h e Br i t i sh dominions or after t h e expi ra t ion or remission of such sentence shall have been convicted of any t reason felony or o ther infamous offence.

5. A n d be i t fu r ther enacted T h a t all acts m a t t e r s a n d th ings

r ema in ing to be done or which shal l hereafter be done touch ing t h e p repa r ing and certifying of j u r y lists u n d e r t h e provisions of t h e said

reci ted A c t of t h e Governor a n d Counci l a n d h a v i n g reference to t he

disqualifications of persons to serve on ju r i es for t h e t r ia l of issues jo ined in act ions a t law as the re in ment ioned shal l be done in con­ formity wi th t h e provisions of th i s A c t in such and the l ike m a n n e r

a n d subject to t h e l ike laws and regula t ions as if t h e clauses ma t t e r s

and provisions here in m a d e wi th respect t o t h e disqualifications of persons to serve on ju r ies had been enacted in and formed a pa r t of t h e said recited Act of t h e Governor and Council .

6. A n d in order to remove any doubts which m a y be raised as to t h e r i gh t of chal lenging j u r o r s be i t fu r ther enacted and declared

T h a t challenges to t h e a r ray and to t he polls of j u r o r s may be made;

a n d shal l be al lowed in every Cour t in t h e said Colony for such and

the l ike cause in such a n d the l ike form and m a n n e r and unde r and subject to t h e l ike laws rules and regula t ions in every respect as by l aw established a n d used and pract ised in l ike cases in H i s Majesty 's

Cour t s of Record a t W e s t m i n s t e r .

7. A n d be it fur ther enacted Tha t it shall and m a y be lawful

for t h e said Supreme Cour t from t ime to t ime a n d as often as occasion shal l r equ i re to issue a genera l venire facias for t he t r i a l of such issues as aforesaid according to such form as shal l be sett led by t h e said Cour t to be directed to t h e Sheriff of t h e said Colony requ i r ing h i m to s u m m o n so m a n y j u r o r s to a t t end the said Cour t a t such t ime

or t imes as t he said Cour t shal l appoin t Prov ided however t h a t the

names of not more t h a n forty-eight nor less t h a n th i r ty-s ix j u ro r s

duly qualified as hereinbefore provided shall be requi red to a t t end at

any one t ime and t h a t every such venire facias shall be issued eight

clear days before t h e a t t endance of such j u r o r s shall be required.

8. A n d bo i t fur ther enacted Tha t t he said Sheriff upon

receiving every such general venire facias as aforesaid shall for thwi th s u m m o n such and so m a n y persons as shall he there in requi red t o a t t end the said Cour t from t h e hook called t he " J u r o r s ' B o o k " accord ing to t he l ike order of succession in such and t h e l ike form and m a n n e r and wi th in such and the l ike t ime as in and by t h e said recited A c t of t he Governor and Council is directed a n d provided wi th respect to t he s u m m o n i n g of common ju ro r s for t h e t r ia l of any

ac t ion a t law Provided always t h a t no person shall be exempted from

serving u p o n any common jur ies for t h e t r i a l of c r iminal issues by

reason of being qualified as special j u r o r s any t h i n g in the said Ac t

to t he cont ra ry no twi ths t and ing .

9. A n d bo i t fur ther enacted Tha t as often as any appl icat ion

shal l be m a d e by H i s Majesty 's A t t o r n e y Genera l or any o ther pro­ secutor or by or on behalf of any defendant t o t he said Cour t for a special j u r y to t r y any issue jo ined on any such informat ion as aforesaid except for t reason or felony the said Cour t shal l for thwi th issue directions for s u m m o n i n g a special j u r y for the t r i a l of such issue

and every such special j u r y shal l be t a k e n from t h e l ist called the

" Special J u r o r s ' L i s t " and shall be s t ruck a n d summoned in l ike

m a n n e r	as in and by the said reci ted A c t is directed and provided for
s t r ik ing	and s u m m o n i n g special ju r ies for t h e t r i a l of act ions a t law

Provided however t h a t t he defendant who shall in tend to m a k e such

appl icat ion for a special j u r y shal l serve a not ice in wr i t ing of his or

her in ten t ion u p o n H i s Majesty 's A t t o r n e y Genera l or o ther pro­

secutor at least four clear days before t h e t ime of his or her m a k i n g

such appl icat ion to t h e said Cour t .

10. A n d be i t fu r ther enacted T h a t all persons who shal l he

summoned to a t t end t h e said Supreme Cour t as common or special j u r o r s shal l be subject and liable to such and t h e l ike ru les forms course and m a n n e r of impanne l l ing and proceeding in all respects in t h e t r ia l of any issue joined on any such information as aforesaid and shall be ent i t led to receive such and t h e l ike respective ra tes of al lowance for a t t endance upon t h e said Cour t respectively and in default of such a t tendance shall be subject and l iable to such and the l ike forfeitures respectively to be recovered in l ike m a n n e r as in and

by t h e said reci ted A c t of t h e Governor a n d Council is directed and

provided wi th respect to jur ies for t h e t r i a l of issues joined in	act ions
at law.

1 1 . A n d be i t fur ther enacted Tha t as often as t he r e shall no t

be a sufficient n u m b e r of ju rors in a t t endance for t h e t r i a l of any

issue joined upon any informat ion as aforesaid i t shal l be lawful for t h e Cour t to direct a tales de circumstantibus unde r such and the l ike rules l imi ta t ions and provisions as in and by t h e said recited Act of t h e Governor and Counci l is directed and provided for t h e g r a n t i n g of a tales for t h e t r ia l of any issue jo ined in any act ion a t law.

12. 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 passed

in t he n i n t h year of t he re ign of H i s la te Majesty i t is fur ther enacted Tha t i t shal l and m a y be lawful for t h e Governor of New South "Wales with t h e advice of t he Legislat ive Council to ins t i tu te Cour ts of Genera l and Q u a r t e r Sessions wi th in t he said Colony by Ordinances to be from t ime to t ime for t ha t purpose made and enacted as thereinaf ter ment ioned and to give and g ran t to such Cour ts power and au thor i ty to t ake cognizance in a s u m m a r y way of all cr imes misdemeanors and other offences or misconduct no t pun ishab le b y death which had been or should be commit ted by any felons or o ther offenders who had been or should be t ranspor ted to t he said Colony and whose sentences had no t expired or had not been remi t ted and also to give and gran t to such Cour t s power and au thor i ty to t ake

cognizance

cognizance of al l m a t t e r s and th ings cognizable in Cour ts of Genera l

a n d Q u a r t e r Sessions in E n g l a n d so far as t h e c i rcumstances a n d

condi t ion of t he said Colony should requi re and admi t Provided

always t h a t all cr imes offences a n d misdemeanors n o t commi t t ed by such felons and o ther offenders as aforesaid shal l be prosecuted and t r ied before t h e said Cour ts of Genera l and Q u a r t e r Sessions in such

a n d t h e same m a n n e r and subject to all such and t h e same ru les and

regu la t ions in every respect as arc thereinbefore m a d e and prescribed

w i t h respect to t r ia ls before t h e said Supreme Cour t A n d whereas in

pu r suance of t he said Ac t of Pa r l i amen t Cour ts of Genera l and

Q u a r t e r Sessions have been ins t i tu ted in a n d for cer ta in distr icts in t h e said Colony and it is necessary to provide for t h e t r i a l of crimes offences and misdemeanors cognizable in t he said Cour ts of Sessions respectively by ju r i es in l ike m a n n e r as hereinbefore is directed wi th respect to t h e t r i a l of issues joined on cr iminal informations in t h e t h e Supreme Cour t Be it therefore fur ther enacted T h a t all crimes offences a n d misdemeanors which shall be prosecuted in t he said Cour t s of Quar t e r Sessions respectively shal l unde r t he l ike provision as herein­ before m a d e respect ing t he t r ia ls of persons a r ra igned before the Supreme Cour t be t r ied by a j u r y of twelve inhab i t an t s of t he said Colony who shal l be subject to such and t h e l ike ru les regula t ions a n d provisions as to the i r qualifications exemptions and disqualifications as are hereinbefore made and provided wi th respect t o ju r i es for t he t r ia l of issues jo ined on informat ions in the Supreme Cour t Provided however t h a t n o t h i n g herein contained shal l r e s t ra in or in any m a n n e r interfere

w i t h t he power and au tho r i t y by law vested in t h e said Cour t s of

Q u a r t e r Sessions to t ake cognizance in a s u m m a r y way of cr imes mis­ demeanors and other offences not pun ishab le w i th dea th which have been or shal l be commit ted by t r anspor t ed felons or o ther offenders whose sentences have no t expired or been remi t ted .

13 . A n d be i t fur ther enacted T h a t every m a n who shall reside

w i th in t he dis tance of t h i r ty miles from the respective towns of Mai t -

l and or B a t h u r s t or from any o ther place a t which Cour ts of General Q u a r t e r Sessions shall be appoin ted to be holden (such place not be ing w i th in t h e county of Cumber l and) and who shall be qualified as here­ inbefore directed wi th respect to ju r i es for t h e t r ia l of issues jo ined in t h e Supreme Cour t shall be l iable to serve on ju r i es for t h e t r ia l of crimes offences and misdemeanors in t he said Cour ts of Q u a r t e r Ses­ sions respectively.

14. A n d be i t fur ther enacted Tha t t h e Jus t ices in the i r

respect ive P e t t y Sessions which shal l be holden a t t he said towns of

B a t h u r s t and Mai t l and shall w ithin t h e first week of t he m o n t h of October in t h e present year and in t h e first week of t he m o n t h of J a n u a r y in every succeeding year prepare or cause to be p r epa red l is ts of all m e n wi th in the i r respective townships or dis tr icts l iable to

serve on t h e said ju r i es se t t ing forth the i r chr is t ian a n d su rnames

residences t i t les addi t ions and qualifications according to t h e form

annexed to th i s Act and t h e said Jus t i ces or any two or more of t h e m shall respectively subscribe t he said lists w i th a declarat ion t h a t each such l ist conta ins to t he best of thei r knowledge and belief t h e names of all persons l iable to serve on ju r i es in t h e distr ict for which it is made and qualified according to the provisions of th i s Act .

15. A n d be it fur ther enacted That t he said Jus t i ces respec­ tively shall cause a copy of t h e lists which shall be made out as aforesaid to be w ithin t h ree days after t h e same shall be prepared affixed to t he pr inc ipa l doors of t h e Cour t -houses and also to t he pr incipal door of every publ ic place of rel igious worship within the said towns of B a t h u r s t and Mai t l and respcctively with a not ice signed

wi th the i r names t h a t t h e Jus t ices of t h e Peace for t h e said towns and

and dis t r ic ts respectively will hear at t he t h e n nex t P e t t y Sessions directed to be held for t h a t purpose as hereinafter men t ioned all objections to t he said l ists Provided always t h a t t h e said Jus t i ces respectively shal l keep t h e or iginal lists or copies of t h e same to which the inhab i t an t s of t he said towns or distr icts respectively shall have access a t any reasonable t ime wi th in fourteen days after the da te of such notice wi thout fee in order t h a t due notice may be given of names improper ly omi t ted or inserted.

16. A n d be it fur ther enacted T h a t Special P e t t y Sessions shal l

be held in t h e th i rd week in t he m o n t h of October in th i s present year and in the th i rd week of the m o n t h of J a n u a r y in every succeeding year in each of t h e said townships a t which t h e said Jus t ices respectively shal l a t t end and produce t he lists so prepared and verified as aforesaid and the reupon the Jus t i ces so assembled shall examine such lists seriatim and shall s t r ike out of such lists t he names of all persons no t l iable to serve or disqualified from serving as j u r o r s and also of such as are disabled by lunacy or 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 and shal l inser t all names improper ly omi t ted and correct all errors and mis takes in such lists and finally sett le t he same and t h e said l ists w h e n so set t led shall be final and shal l cont inue in force un t i l t he j u r y list for t h e year n e x t ensu ing shall be made out and t r a n s m i t t e d to t h e Sheriff as hereinafter directed.

17. A n d be it fur ther enacted Tha t it shall and m a y be lawful for the said Jus t i ces who shal l have p repared and submi t ted such lists as aforesaid to assist and vote a t such P e t t y Sessions aforesaid upon all quest ions which m a y be p u t respect ing t h e charac ter qualification disqualification or exempt ion of every person named in any such list or of any person whose n a m e m a y be proposed to be added there to Provided always Tha t if any quest ion should arise respect ing t he s t r ik ing out or adding of a n a m e t h e same shall be decided by ballot .

18. A n d be i t fur ther enacted Tha t after t he said l ists shal l have been finally sett led and approved in P e t t y Sessions in t he m a n n e r directed by th is Act as aforesaid a certificate shall be subjoined to each such list and subscribed by such Jus t i ce as m a y he t h e n present s t a t ing t h a t t h e same has been carefully examined and corrected according to the best of the i r knowledge a n d belief or a t least according to t he best of t h e knowledge and belief of t h e major

p a r t of t h e m and t h a t all t he persons t h e n named in such l ists are

qualified to serve on jur ies according to t h e provisions of th i s Act .

19. A n d be it fu r ther enacted T h a t t he Jus t i ces aforesaid shall

cause all t h e Magi s t r a t e s of the i r respective dis t r ic ts 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 u n t i l t h e j u r y lists shal l be set t led as hereinbefore directed and if any Mag i s t r a t e after h a v i n g been so summoned shal l neglect or fail to a t t end a t any such Special P e t t y Sessions or if a t t end ing shal l refuse or fail to vote accordingly upon any quest ion t h a t shall be p u t every such Mag i s t r a t e so refusing or failing to vote or so neglec t ing or failing to a t t end unless he can shew reasonable cause shall forfeit and pay for every such offence t h e s u m of twen ty pounds to be sued for in t h e n a m e of t h e A t t o r n e y Genera l and to be appropr ia ted in t he same m a n n e r as all fines and forfeitures levied under th is Act and the Clerks of t he said P e t t y Sessions respectively shall no te t he names of all such Magis t r a t e s as shall a t t end the 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 of t h e said Sessions shall t r a n s m i t a

certified list thereof to t h e A t t o r n e y General .

20. A n d be it fur ther enacted Tha t as soon as t h e said lists

shal l be sett led as aforesaid t he same shal l be immedia te ly t r ansmi t t ed

by

by the said Jus t i ces to t h e Sheriff and t h e Sheriff upon receiving such l ists shal l w i th in t en days a l ter t he receipt thereof cause to be t r ans ­ cribed fairly in a book to be kep t in his office for such purpose and to be styled " The J u r o r s ' Book " for t h e distr ict or place where t he said Cour t s of Qua r t e r Sessions shal l be holden respectively t h e names of all such persons conta ined in such lists respectively wi th t h e addit ions of the i r respective residences t i t les and qualifications in a lphabet ical

order beg inn ing u n d e r each le t ter of t he a lphabet w i th t h e s u r n a m e

of each person and such j u ro r s ' book shal l t h e r e u p o n be a n d cont inue

in force u n t i l t h e j u r y lists for t h e year nex t ensu ing shall be t r a n ­

scribed b y t h e Sheriff in to t h e j u r o r s ' book.

2 1 . A n d be i t fur ther enacted T h a t t r u e a n d faithful copies of

such respect ive j u ro r s ' books shal l be m a d e b y t h e said Sheriff as soon as convenient ly m a y be and shall be delivered upon oath by t h e said Sheriff t o t he Clerk of t h e Peace for t h e said Cour t s of Q u a r t e r Sessions

in order t h a t t he same m a y be referred to in t h e said Cour t s at t he

t r ia l of any c r imina l case.

22. A n d be i t fur ther enacted T h a t i t shal l be lawful for t h e

C h a i r m a n of the Cour t s of Genera l Qua r t e r Sessions for t h e several and respect ive dis tr icts and places w i th in t h e said Colony and he is hereby requ i red full four teen days before t h e t ime appointed for ho ld ing such Cour ts respectively to issue a precept unde r his h a n d and seal to t h e Sheriff of New South W a l e s or his depu ty r equ i r ing h i m to s u m m o n so m a n y j u r o r s to a t t end t h e said Cour ts respectively a t such t i m e and place as shal l be the re in men t ioned and appointed a n d such precept shal l no t requ i re more t h a n th i r ty - s ix no r less t h a n

twenty-four persons duly qualified to serve as j u r o r s to a t t e n d the

said Cour t s respectively a t any one session thereof.

23 . A n d be it fur ther enacted T h a t t h e said Sheriff or h is depu ty shal l upon receiving any such precept as aforesaid s u m m o n so m a n y persons duly qualified to serve as j u r o r s to a t t e n d t h e said Cour t s of Genera l Qua r t e r Sessions respectively a t such t ime and place as shal l be specified in such precept a n d as hereinaf ter provided t h a t is to say all persons duly qualified by law to serve as j u r o r s shal l be summoned to a t t e n d t h e respect ive Cour ts of Genera l Qua r t e r Sessions

which shall be holden a t t h e t owns of Sydney P a r r a m a t t a Campbel l -

town and W i n d s o r respectively according to t h e order in which the i r

names shall be t r ansc r ibed and placed in t h e j u ro r s ' book for t he

dis t r ic t or coun ty of Cumber l and so as t h a t no person shall be sum­

moned or obliged to a t t end any such Cour t as a j u r o r who shall reside

beyond t h e dis tance of five miles from t h e t o w n of Sydney or t en miles from t h e town of P a r r a m a t t a and fifteen miles from t h e towns of

W i n d s o r and Campbel l - town respectively and all persons duly qualified as aforesaid who shall reside wi th in t h e distance of t h i r t y miles from t h e towns of B a t h u r s t or M a i t l a n d respectively shal l be s u m m o n e d to a t t end t h e Cour t s of Sessions which shall bo the re ho lden and every such s u m m o n s shall be in wr i t i ng and signed by the Sheriff or his deputy to t h e following effect—

M r . A . B . (naming the juror) you are hereby requ i red to appear

as a j u r o r a t t h e Cour t of General Q u a r t e r Sessions to be

held at on t he day of

nex t and the re to a t t end from day to day u n t i l you shal l	he
discharged by t h e said Court .

(Signed) C. D .

Sheriff or D e p u t y Sheriff.

A n d t h e said s u m m o n s shal l be served personal ly upon or left a t t he places of abode of t he said j u r o r s respectively full four days before

the i r a t t endance shall be required as aforesaid.

24. A n d be it fur ther enacted T h a t if any person being duly summoned as a j u r o r to a t tend any of the said Courts of Quar t e r Sessions respectively shal l m a k e default and fail to a t t end t h e same every such person shal l on proof upon oa th of be ing duly summoned forfeit a s u m no t exceeding t en pounds at t h e discret ion of t h e Jus t i ces

s i t t i ng in t h e said Cour t to be recovered levied and appropr ia ted in

such a n d the l ike m a n n e r as fines and forfeitures under t h e said reci ted Ac t of t h e Governor and Council are directed to be recovered levied a n d appropr ia ted unless some j u s t cause for such defaulter 's absence shal l be made to appear by oath or affidavit to t h e satisfaction of such Cour t as aforesaid.

25. A n d be i t fur ther enacted Tha t all such and t h e l ike forms

ru les regula t ions and provisions shall be adopted observed and followed in d rawing t h e names of j u ro r s for t h e t r i a l of issues in t h e said

Cour t s of Genera l Q u a r t e r Sessions respectively and in p r a y i n g and

al lowing a ta les to m a k e u p a full j u r y and such and the l ike ra tes of

compensat ion shal l be allowed and pa id to j u r o r s a t t end ing the said Cour ts respectively ( the same to be computed wi th reference to t h e places at which such Cour ts shall be holden in l ieu of Sydney) as in and by t h e said reci ted Ac t of t h e Governor and Counci l are m a d e and provided in l ike cases wi th respect to the t r ia l of act ions at law in t h e

Supreme Cour t .

26. A n d be i t fur ther enacted T h a t any Sheriff or Depu ty Sheriff Ju s t i ce of t he Peace or Clerk of t h e Cour t of Q u a r t e r Sessions or P e t t y Sessions or any other minis te r or officer who shal l refuse neglect or fail to do and perform all a n d every t h e acts m a t t e r s and th ings hereby requi red to be by h i m or t h e m respectively done and performed a n d if any person shall be gu i l ty of t h e offence of corrupt ly influencing or a t t e m p t i n g to influence any such j u r o r or any such j u r o r shal l consent the re to every such person so offending shal l i ncu r and become l iable to such and the l ike fines forfeitures and penal t ies to be recovered levied enforced a n d applied in such and t h e l ike form a n d m a n n e r as in and b y t h e said reci ted Ac t of the Governor a n d Council are provided and directed in l ike cases wi th

respect t o t h e t r i a l of act ions a t law in t h e Supreme Cour t .

27. Provided always and be i t fu r ther enacted T h a t no th ing

in th i s Ac t contained shall be deemed or held to ex tend to t h e t r ia l of

any cr imes misdemeanors or offences before any Cour t which shall be

holden wi th in any place in New South W a l e s or any of i ts Depen­

dencies which is or shal l be appointed as a place to which offenders

convicted in N e w Sou th W a l e s m a y be sent or t r anspor ted .

28. A n d be i t fu r ther enacted Tha t th i s A c t shal l commence

and take effect from a n d after t h e pass ing thereof save and except as to crimes misdemeanors and offences which shall be prosecuted in the Cour ts of Q u a r t e r Sessions to be holden a t t h e towns of M a i t l a n d and

B a t h u r s t respectively in t he m o n t h s of October and November next

after t h e pass ing of th i s A c t which shal l be t r ied in such and the like

m a n n e r as if t h e same h a d never passed.

F O R M

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 nr Place Christian and Surnames Title Quality Calling or

in Towns add the name of Nature of Qualification.

the Street. at full length. Business.

Bathurst Township of	Adams James	Carpenter	Freehold £100 per annum
Maitland Township of	Bowies James	Grocer	Personal Estate £300.