Jury Trials Act 1841 No 4a (NSW)

No. IV.

An Act to make further provision for the Trial of Cases in the Circuit Courts of New South Wales and to amend in certain respects the Act providing for Trial by J u r y in such Courts. [17th August, 1841.1

WH E R E A S by an A c t of t h e Governor and Counci l of N e w Soutb Wales passed in t he four th year of t he re ign of H e r present

Majesty Queen Victor ia in t i tu led " An Act to provide for the more

" effectual Administration of Justice in New South Wales and. its

" Dependencies" provision was made for t he es tab l i shment of Circui t Cour ts in t he Colony of N e w South Wales and whereas by ano the r Act of t h e said Governor and Counci l passed in t h e same year in t i tu led " An Act to provide for the Trial by Jury in Civil and Criminal Cases " in the Circuit and other Courts to be holden within the Colony of New " South Wales and its Dependencies" i t was enacted t h a t all issues bo th civil and cr iminal should be t r i ed in such Cour ts by a j u r y and whereas t h e Ac t hereinbefore last reci ted has been found in some respects to requi re a m e n d m e n t and i t is necessary to m a k e fur ther

provision for t h e t r i a l of cases in Circui t Cour ts in m a n n e r	hereinafter
ment ioned Be i t therefore enacted by H i s Excel lency t h e Governor	of

N e w South Wales w i th t he advice of t he Legis la t ive Council thereof

Tha t from and after t he pass ing of th i s A c t i t shall be lawful for the Governor for t he t ime being of t he said Colony by any Proc lamat ion or P roc lamat ions by h i m from t ime to t ime for t h a t purpose issued to appor t ion and divide t h e said Colony in to th ree or more " Circui t D i s t r i c t s " and to ascer tain and fix t h e boundar ies and l imits of every such distr ict and such l imits and boundar ies from t ime to t ime to al ter as occasion m a y requi re and from and after any such appor t ionment and division as aforesaid every Circui t Cour t now or hereafter estab­ l ished or appointed to be holden unde r or by v i r tue of t he said first recited Ac t shall be a Cour t of " Gaol Del ivery" in a n d for t he par­ t i cu la r distr ict only wi th in which i t shal l have been or shall be so appointed to be holden Provided always t h a t every such Circui t Cour t shall be a Cour t of Oyer and Terminer and of Assize and Nisi Prius for t he said Colony of N e w Sou th Wales .

1. A n d be it enacted Tha t from and after t h e passing of th i s Act
all crimes and misdemeanors prosecuted in any such Circuit Cour t as
aforesaid and all issues of fact in civil act ions there in coming on to be t r ied

2. A n d be i t declared and enacted Tha t every such Circui t Cour t shall have power and jur isd ic t ion not only to t r y issues in all act ions b u t also to inqu i re in to and assess damages t he re in and t h a t all persons convicted in any such Cour t of any cr ime or offence cogni­ zable there in shall be subject and liable to t h e same penal t ies and p u n i s h m e n t s as by law could be inflicted on t h e m if convicted of any such cr ime or offence in t h e Supreme Cour t of t he said Colony.

3.    A n d be i t enacted Tha t from and after t h e pass ing of th i s Act

so m u c h of t h e said reci ted Act passed to provide for t h e t r i a l b y j u r y of cases in t he said Circui t Cour ts as enacts t h a t all issues of fact in civil act ions t r ied the re in shall be t r ied by a j u r y a n d also so m u c h of t h e same as enacts t h a t all such issues and all cr imes a n d misde­ meanors the re in prosecuted shall be t r ied by a ju ry ' of inhab i t an t s of t he towns or places where such Cour ts shal l respectively be holden shall be and t h e same is hereby repealed.

t r ied (and which issues shall by t he Supreme Cour t have been directed to be t r ied by a j u r y ) shal l be respect ively t r i ed by a j u r y of twelve inhab i t an t s of t h e Colony resident in t h e town or place where such Circui t Cour t shall be appoin ted to be holden or wi th in a dis tance of t h i r t y miles theref rom and all damages in any such action which m a y have been directed to be assessed by a j u r y shal l be inqu i red into and assessed in l ike m a n n e r and i t shall be lawful for t h e J u d g e s of t h e

said Sup reme Cour t to f rame	and issue wr i t s of venire facias	accord­
ingly .

5. Provided a lways and be it enacted T h a t except in cases where t h e said Sup reme Cour t in pu r suance of t h e power vested the re in in t h a t behalf shall direct any such t r ia l or assessment to be by a j u r y t h e t r i a l of all issues and assessment of all damages in act ions in every such Circui t Cour t shall be by t h e J u d g e before w h o m such Cour t shall be ho lden and by two assessors be ing Magis t ra tes of t h e Colony and res ident in or wi th in t h i r t y miles of t h e place where such Court shall be holden in t he same m a n n e r and subject t o t h e same ru les in all respects as if such t r i a l or assessment were had in t h e said Supreme Cour t before and by one of t h e J u d g e s thereof a n d two assessors in Sydney.

6. A n d be it enacted T h a t it shall be lawful for t h e J u d g e s of

t h e said Supreme Cour t fourteen days at t he least before t he in tended day of t r i a l or assessment as t h e case m a y be to issue a precept or precepts to t h e Sheriff for the s u m m o n i n g of assessors for all such cases and t h e Sheriff shall accordingly by himself or h is lawful depu ty or officer six days a t t h e least before such day of t r ia l or assessment s u m m o n such and so m a n y Magis t ra tes being no t less t h a n th ree no r more t h a n six resident as aforesaid as t he said J u d g e s shal l direct or in t he absence of any such direction as t he said Sheriff shal l t h i n k fit a n d every such Mag i s t r a t e shall be s u m m o n e d in t h e same m a n n e r and by wr i t ing in t he same form (as near ly as m a y be) as respectively now are or hereafter m a y be prescr ibed by law for t h e s u m m o n i n g of j u ro r s .

7. A n d be it enacted T h a t upon every such t r ia l or assessment as last aforesaid t h e assessors shall be selected from the list of Magis ­ t r a t e s so summoned in l ike m a n n e r as is directed in the case of assessors summoned to t h e said Supreme Cour t a n d every assessor shal l for every ease on which he shall serve whe the r of t r i a l or assessment be allowed the s u m of t en shil l ings which shal l immedia te ly be paid by t h e successful p a r t y and be eventua l ly t axed a n d allowed as costs in

t h e cause and every Mag i s t r a t e s u m m o n e d as an assessor w h o

shall neglect to a t t end in obedience to t h e s u m m o n s served upon h i m shall on proof of such service be l iable to t h e same fine a t t he discretion of t h e pres iding J u d g e as m a y be b y law imposed by t h e said Supreme Cour t for non-a t t endance in t he case of any special j u r o r a n d every such fine shall on a r e t u r n thereof to the said Supreme Cour t be levied and appropr ia ted as fines on ju ro r s in t h e said Cour t now are or here­ after m a y be by law levied and appropr ia ted .

8. A n d be i t enacted Tha t whenever a special j u r y shall have

been awarded for t he t r ia l of any such issue or issues as aforesaid and the re shal l no t be sufficient n u m b e r of persons qualified as special j u r o r s and resident as aforesaid for t h e s t r ik ing of a " Reduced Lis t " as by law directed in such cases i t shal l be lawful for t h e Sheriff or his depu ty to m a k e u p t h e n u m b e r requi red for t ha t purpose from the list of common j u r o r s and no exception shall af terwards be allowed in respect thereof or for t h a t any n u m b e r of such ju ro r s (if on such reduced lists) were or are inc luded in t h e j u r y panel .

9. A n d be it declared a n d enacted Tha t in every case where in

i t shal l be m a d e to appear to t h e said Supreme Cour t or to one of t he

J u d g e s

J u d g e s thereof t h a t t he Sheriff is a p a r t y or in any m a n n e r in teres ted

t he venire or precept t o he issued there in shall he directed a n d delivered

to t h e Coroner or such o ther person as t h e said Cour t or J u d g e shal l in t h a t behalf appo in t and such Coroner or person shall thenceforward have and exercise for t he purposes of such wri t or precept al l t h e powers and dut ies of t h e Sheriff of t h e said Colony.

10. A n d be i t declared and enacted T h a t al l cr imes and offences
which have been and are respectively cognizable in t h e said several

Circui t Cour t s shal l u n t i l t he cons t i tu t ion of g rand ju r i es wi th in t h e said

Colony cont inue to be so cognizable and m a y be t r ied in t h e said	Cour ts
respect ively u p o n informat ion or informat ions exhibi ted the re in by	and

in t h e n a m e of H e r Majesty 's A t t o r n e y or Solicitor Genera l for t he t ime

be ing of t he said Colony or e i ther of t h e m or in case of the i r	absence
from any such Cour t by and in t he n a m e of such other person as	t h e
Governor for t h e t ime being of t h e said Colony shall have	appoin ted
or shal l hereafter appoint in t h a t behalf.

1 1 . A n d be i t enacted Tha t i t shall be lawful for the Governor

a t any t i m e or t imes hereafter as he shal l see fit by w a r r a n t u n d e r his h a n d and seal to nomina te and appoin t some fit and proper person to ac t as and be t h e Sheriff in and for every or any such Circui t Dis t r i c t a n d the Sheriff first so appointed shall con t inue in office un t i l he shall be re-appointed or ano ther person shall be appoin ted in his stead in m a n n e r n e x t hereinafter men t ioned and i t shal l be lawful for the

Governor on t h e first M o n d a y in t h e nex t a n d every succeeding year

to nomina te and appoint in m a n n e r aforesaid t h e same or some o the r fit and proper person to act as and be t h e Sheriff for every or any such district for t h e year nex t following a n d every such Sheriff so appointed shall as soon as convenient ly m a y be t a k e before one of t h e J u d g e s of t he Sup reme Cour t t h e oa th of al legiance a n d an oath faithfully to execute his office a n d every Sheriff appoin ted as las t aforesaid shall con t inue in office du r ing the space of one whole year t h e n n e x t following and u n t i l he be re-appointed or ano ther person be appoin ted a n d sworn in to office in his s tead in m a n n e r aforesaid and if the Sheriff for any such Circui t Dis t r ic t shall die or depar t from the said Colony or become otherwise incapable of execu t ing t he dut ies of h is office t h e n a n d in such case another person shall be appoin ted and sworn in l ike m a n n e r and such person shal l con t inue in office for t h e remainder of t h e year and u n t i l he be re-appointed or ano ther person be appoin ted a n d sworn in to office in his stead as aforesaid a n d every

for t h e distr ict for which he shal l have been so appoin ted have a n d	such Sheriff du r ing the t ime of his con t inuance in office shall in and
execute t he same powers and dut ies and enjoy the same privileges and be subject to t h e same l iabil i t ies in all respects as by law belong to t he office of a Sheriff a n d t h e powers duties privileges a n d liabili t ies of t he Sheriff of New Sou th "Wales shal l wi th in such distr ict cease and determine .

No. V.