Jury Trials Act 1835 No 5a (NSW)

No. XXV.

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

provisions for Trial by Jury. [23rd June,

1835.]

WHEREAS by an Act of Parliament passed in the ninth year of the reign of his late Majesty King George the Fourth	intituled " 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
enacted that it shall and may be lawful for His Majesty His Heirs and Successors by an Order to be by him or them issued with the advice of his or their Privy Council at any time or times hereafter to authorize the Governors of New South Wales and Van Diemen's Land respectively or either of them with the advice of the
Legislative Councils of the said Colonies respectively or either of
them further to extend and apply the form and manner of proceeding by Grand or Petit Juries or either of them in the presentment and trial of all crimes misdemeanors issues matters and things properly cognizable by juries in such parts of the said Colonies and their Dependencies respectively at such times and with under and subject to such limitations modifications and rules in respect thereof as to the said Governors and Councils respectively shall seem meet and as shall from time to time be specified by any Law or Ordinance to be by them made in such behalf And whereas by an Order in Council bearing date the twenty-eighth day of June one thousand eight hundred and thirty His said late Majesty was pleased by and with the advice of His Council to authorize the Governor of New South
Wales with the advice of the Legislative Council to extend and apply
the form and manner of proceeding by Grand and Petit Juries or either of them at such times and with under and subject to such limitations modifications and rules in respect thereof as to the said Governor and Council should seem meet and as should from time to time be specified in any Law or Ordinance to be by them made in such behalf And whereas an Act of the Governor with the advice of the Legislative Council of the said Colony was passed in the second year of the reign of His present Majesty 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 " which said Act of the Governor and Council was by a certain other Act of the Governor and Council intituled " 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" continued until the thirtieth
day of June one thousand eight hundred and thirty-five and it is expedient

expedient further to continue the said first recited Act as hereinafter provided Be it therefore enacted by His Excellency the Governor with the advice of the Legislative Council That the said first Act of the Governor and Council (except so much thereof as is by the said last recited Act of the Governor and Council or by this Act repealed or altered) shall be and the same is continued in force from the said thirtieth day of June until the thirtieth day of June one thousand eight hundred and thirty-six.

2. And be it further enacted That so much of the said first recited Act of the Governor and Council as relates to the form and manner of striking and summoning a special jury and also so much
thereof as empowers the Supreme Court to grant a tales where a sufficient number of special jurors shall not attend and provides that
the Court shall in no case allow such " tales " unless nine of the jurors summoned for the trial of the cause shall be in attendance upon the Court shall be and the same is hereby repealed.
3. And be it further enacted That whenever the Supreme Court shall hereafter direct a special jury for the trial of any civil or crimi­ nal issue the Chief Clerk or other proper officer of the said Court shall appoint a time and place for the nomination of such special jury and a copy of the rule of Court and of such Clerk's or officer's appoint­ ment shall be served on the Sheriff or his deputy and on all the parties who have been usually served with the same in the accustomed manner and the said Chief Clerk or other proper officer at the time and place appointed being attended by the Sheriff or his deputy who are hereby respectively required to bring with them the "Jurors'
Book " and the " Special Jurors' List " in the said first recited Act
mentioned shall in the presence of all the parties or of their respective attornies (or such of them as choose to attend) take from the said
" Special Jurors' List" forty-eight names beginning at the top of such list and proceeding downwards according to the order in which such
names are successively placed until the full number of forty-eight
special jurors shall be completed and the said Chief Clerk or other
proper officer shall make a list of the said forty-eight special jurors and each of the parties or their respective attornies who shall attend at the time and place appointed as aforesaid shall strike out fifteen names from the said forty-eight or in case either of the parties or their attornies may not attend the Chief Clerk or other proper officer shall strike out fifteen names of the party or parties absent and the remain­ ing eighteen names shall be returned by the Sheriff or his deputy

for the trial of such issue as aforesaid.

4. Provided always and be it further enacted That every special jury which shall be directed for the trial of any issue during the same

Civil Term or Criminal Session of the Supreme Court shall be struck
in like manner as hereinbefore directed from the same forty-eight names and at every succeeding Term or Criminal Session of the said Court the like number of names shall be taken from the " Special
Jurors' List" beginning with the name next after the names of the
persons composing the last list of forty-eight special jurors and so on
" toties quoties " and the like order shall be observed in each succeeding

year beginning in the new list with the names next after those com­ posing the last forty-eight special jurors in the old list and as often as the Special Jurors' List shall in any case be gone through before the full number of forty-eight special jurors shall be completed as afore­ said the said Sheriff or his deputy shall complete such number by recommencing with the names at the top of the said list and proceed­ ing downwards as hereinbefore directed until the full number of forty- eight special jurors shall be completed.

5. And be it further enacted That the party or parties moving
for a special jury shall full eight days before the attendance of such

jury is required deliver a notice in writing to the Sheriff or his deputy requiring him to summon the special jury appointed for the trial of such issue as aforesaid and thereupon the Sheriff or his deputy shall cause such special jury to be summoned within the like time and in the like form and manner as in the said first recited Act of the Governor and Council is provided and directed

for summoning common jurors to attend the said Court and all

persons who shall be summoned to attend the said Court as special jurors as aforesaid shall be entitled to receive such and the like respective rates of allowance for attendance upon the said Court and and in default of such attendance shall be subject to and liable to such and the like penalties and forfeitures to be recovered in like manner as in and by the said first recited Act of the Governor and Council is provided and directed with respect to special jurors.

6. And be it further enacted That where a full special jury shall not appear before the Supreme Court for the trial of any such issue as aforesaid it shall be lawful for such Court upon request made

for the King by any one thereunto authorized or by the parties plaintiff or defendant or their respective attornies in any action or

suit whether popular or private to command the Sheriff or his deputy to name and appoint as often as need shall require so many of such other good and lawful men duly qualified to serve as special jurors according to the provisions of the said first recited Act as shall make up a full jury for the trial of such issue and the Sheriff or his deputy shall at such command of the Court return such men duly qualified as shall be present or can be found to serve on such jury and shall add and annex their names to the former panel and the King by any one authorized as aforesaid and all and every the parties aforesaid shall in each of the cases aforesaid have their respective challenges to the jurors so added and annexed and the Court shall proceed to the trial of every such issue with the jurors who were summoned and impannelled together with the talesmen so newly added and annexed as if all the same had been originally returned to try the issue.

ANNO