Sydney Jury Lists Act 1834 No 1a (NSW)

No. XIII.

Sydney jnny L ists. An Act foi’ g’iving* fuitlier tlmo to prcpaTO and settle the Jury Lists for the District of Syd-

'	ney for the Year One thousand eight linndred
and thirty-four. [13th March, 1834.]

Preamble.

■TTTHEIIEAS by a certain Act of the Governor and Council of Nev

VV South Wales passed in the second year of tlie reign of IIis

2 Gill. IV. No. 3.

present Majesty King "William the Eourth intituled “ An Act for ‘•A'cgidating the constitution o f Juries and fo r the Trial o f Issues in '■^certain Cases in the Supreme Court o f Neic South Wales” it Avas amongst other things enacted That the several Superintendents of Police for the time-being Avithin the County of Cumlierland and tin' several Benches of Magistrates in places Avitliin the said County in Avhieh there are no Superintendents of Police should in the first Aveek in the month of March in the said year and in the first Aveek in tlu ̂ month of January in every succeeding year prepare or cause to be prepared lists of all menAvithin their respective toAimships and districts liable to serve on the said juries as in the said Act is mentioni'd and that as soon as the said lists should be settled as is therein providi'd the same should be immediately transmitted to the Sheriff and the Sheriff upon receiving such lists should Avithin ten days after the receipt thereof in each and every year cause to be transcribed fairly in a book to be kept in his office for such purpose and to be styled the “Jurors’ Book” the names of all persons contained in such list respectively in manner as is therein directed and that such jurors’ book should thereupon be and continue in force for the current year and until the jury lists for the year next ensuing should be transcribed liy the Sheriff' into the jurors’ book And Avhereas the said recited Act hath been continued for a limited time and further provision hath been made for the qualification of jurors by a certain other Act of tlu* said GoA'ernor and Council passed in the fourth year of the reign of

4 Gul. IV. No. 12.

His said Majesty intituled “An Act to continue for a limited time an “ Act o f the Governor and Council o f Neio South Wales inlitided ‘A?i

“ ‘ Aet

1834. 4° GUL. IV. No. 13. 473

Si/di/(‘> / Jury Lists.

“ ‘ Act for rcynlatiny the constitution o f Juries and for the Trial of “ ‘ Issues in certain cases in the Supreme Court of New South JVales ’ “ and to make further procision for Trial by Jury in Criminal Cases in “ the said Colony ” And wlic'roas jury lists for tlie district of Sydney have not been prepared for the current year accordinj '̂ to the provisions of the said recited Acts and it is expedient and necessary to remedy su(di omission and to i,dve further time for preparinii; and settling the said lists and for transcrilhny the same into the jurors’ hook and in the

meantime to make provision for the administration of justice lie it Jmors' booktoomi-

therefore enacted and declared hy IIis Excellency the Governor of Xew

South Wales Avith the advice and consent of the Lei^islative C o u n c il are preiwiciUvud

thereof that the jurors’ hook and the s])0cial jurors’ list respectively for the past year prc'pared in pursuance of the provisions of the said first recited Act shall l)c and continue and he deemed and takc'ii to l)e and to have been in force until the jurors’ hook and special jurors’ list respectively for the current year shall he prepared as hereinafter is provided and directed.

2. And l)c it further enacted That the Eirst Police Magistrate Prepaiatiou of jury

for Sydney shall on the twenty-seventh day of March in this present year prcjiare or cause to he pr('])ared lists of all men Avithin the said district liable to serve on juries according to the provisions of the said recited Acts and shall subscribe the said lists and shall cause a copy tlicreof to he Avithin tliree days alter tlie sanu; shall he prepared aifixed to the jirincipal door of tlie Court-house and also to the principal door of every public place of religious Avorship within the said toAvn in like manner and form as is in and liy the said iirst recited Act dirc'cted and provided.

T. And he it further enacted That a Special Sessions of t h e Speciui s. ssious to

Peace shall he held on the third day of the month of A]>ril in this present year in tlie said district and for such purpose the Justices for the same shall he summoned hy the said Police Magistrate and shall attend as in the said first recited Act is directt'd and Ihe said Pirst Police Magistrate shall in like manner attend and produce the lists so prepared and verified as hereinbefore directed and thereupon the Justices at such Sessions assembled shall examine and correct the said lists in like manner and form as in and hy the said first recited Act is directed and required.

1. And he it further enacted That as soon as the said lists shall he settled as heri'inhefore is directed the same shall he inimcdiately .

transcribed''

ti'ansmittcd hy the said Pirst Police jVIagistrate to the Sheritf and the Sheriff upon receiving such lists shall Avithin seven days after the receipt thereof cause to he transcribed fairly in the “Jurors' Look" for the current year the names of all persons contained in the said lists in such form and manm'r in all r('sp('cts as if the same had been trans­ mitted to him Avithin the time appointed hy the said recited Acts and shall cause a copy of the said jurors’ hook to he made and delivered to the Clerk of the Supreme Court as therein is directed and provided and such jurors’ hook shall thereu])on he and continue in force for the current yeai‘ and until the jury lists for the ensuing year shall he transcrilK'd hy tlie Sherif!:' into tlu' jurors’ hook and sliall he of tlu ̂ same force and cfiect to all intents and piu’poses as if the same; had been made and prepared according to the provisions of the said recited Acts.

5. And he it further enacted That the Sheritf shall Avithin scA'cn spcdai jurors’list,

days after he shall have received the lists of jurors from the said Pirst Police ]\Iagistrate as hereinhefort' is directed extract from the said lists tint names of all persons Avho shall he qualified and liable to serve on special juries according to the provisions of the said recited Acts and shall cause the names so extracted to he fairly and truly copied

o 0 out

474 No. 14. 4' GUL. IV. 1834.

Robbers mid Housebreakers.

out in aljihabetical order together Avith their respective places of abode and additions Avhich list shall he called the “ Special Jurors’ List” and he subjoined to the jurors’ hook and such special jurors’ list shall he of the same force and effect as if the same had liecn made and pre­ pared according to the proA’isions of the said recited Acts.

Jurors summoned

under the present G. And be it further enacted That all persons avIio shall he

Act to be liable to

summoned to attend the Supreme Court of N cav South 'Wales or any

the same manner

Court of Quarter Sessions as common or special jurors under tin; pro-

ceedfng asVXt the

this Act sliall hc suhjcct aiul liable to such and the like

rules forms course and manner of impannclling and proceeding in all

respects on the trial of any issue and shall be entitled to receive such

Allowances.

and the like resjiective rates of alloAvance for attendance upon the said Courts respectively and in default of such attendance shall be subject

Penalty.

and liable to such and the like forfeitures respectively to he rccoA^ert'd in like manner as in and by the said I’eeited Acts is directed and providc'd.

Pen.alty for Sheriff

7. And be it further enacted That any Sheriff or other Minister Sessions or other Ministerial Ofticer Avho shall A\ilfully neglect or refuse to execute any of the duties in the manner directed licrein shall hc subject and liable to such and the like penalties to be recovered in like manner as in and by the said recited Acts is directed and provided.

Magi.sti'atc.s &c.

neglecting the duties

or Officer or any Police jMagistratc or Justice Clerk of the Petty

herein pre.scribed.

Act not to interfere8. And be it further enacted and declared That nothing herein with the prepmation contained shall hc deemed or construed to interferi! A vith the preparim.r 183.5. settling and transcribing into the jurors’ hook of the jury lists for the

year one thousand eight hundred and thirty-five but that the same shall be prepared and completed in all respects according to the pro­ visions of the said recited Acts as if this Act had not passed.