Summon Presi dencytowns. 316. Whenever a High Court has given notice of its ining jurors outside the tention to hold sittings at any place outside the Presidencytowns for the exercise of its original criminal jurisdiction, the Court of Session at such place shall, subject to any direction which may be given by the High Court, summon a sufficient number of jurors from its own list, in the manner hereinafter prescribed for summoning jurors to the Court of Session. Military jurors. Failure of jurors to attend. Liability to serve as jurors or assessors. Exemptions. 317. In addition to the persons so summoned as jurors, the said Court of Session shall, if it thinks needful, after communication with the Commanding Officer, cause to be summoned such number of Commissioned and Non-commissioned officers in Her Majesty's Army resident within ten miles of its place of sitting, as the Court considers to be necessary to make up the juries required for the trial of persons charged with offences before the High Court as aforesaid. All officers so summoned shall be liable to serve on such juries notwithstanding anything contained in this Code; but no such officer shall be summoned whom his Commanding Officer desires to have excused on the ground of urgent military duty, or for any other special military reason. 318. Any person summoned under section 315, section 316 or section 317, who without lawful excuse fails to attend as required by the summons, or who, having attended, departs without having obtained the permission of the Judge, or fails to attend after an adjournment of the Court after being ordered to attend, shall be deemed guilty of a contempt and be liable by order of the Judge to such fine as he thinks fit; and, in default of payment of such fine, to imprisonment in the civil jail until the fine is paid. K.-List of Jurors and Assessors for Court of Session, and summoning Jurors and Assessors for that Court. 319. All male persons between the ages of twenty-one and sixty shall, except or next hereinafter mentioned, be liable to serve as jurors or assessors at any trial held within the District in which they reside. 320. The following persons are exempt from liability to serve as jurors or assessors, namely:--- (a) officers in civil employ superior in rank to a District Magistrate; (4) Judges; (c) Commissioners and Collectors of Revenue or Customs; (d) Persons engaged in the preventive service in the Customs Department; (e) Persons engaged in the collection of the revenue whom the Collector thinks fit to exempt on the ground of official duty; (f) Persons actually officiating as priests or ministers of their respective religions; (9) Persons in Her Majesty's Army, except when, by any law in force for the time being, they are specially made liable to serve as jurors or assessors; (h) Surgeons and others who openly and constantly practise the medical profession; (i) Persons employed in the Post-office and Telegraph Departments; (j) Persons exempted from personal appearance in Court under the provisions of the Code of Civil Procedure, sections 640 and 641. (k) Other persons exempted by the Local Government from liability to serve as jurors or assessors1. assessors. 321. The Sessions Judge, and the Collector of the District List of or such other officer as the Local Government appoints in this jurors and behalf, shall prepare and make out in alphabetical order a list of persons liable to serve as jurors or assessors and qualified in the judgment of the Sessions Judge and Collector or other officer as aforesaid to serve as such, and not likely to be successfully objected to under section 278, clauses (b) to (h), both inclusive. person; The list shall contain the name, place of abode and quality or business of every such and if the person is an European or an American, the list shall mention the race to which he belongs. 322. Copies of such list shall be stuck up in the office Publiof the Collector or other officer as aforesaid, and in the Court- cation of See notifications in Macpherson's Lists, 1884, pp. 126, 127, 551. 2 Ibid. p. 552. VOL. II. N list. Objections to list. Revision of list. Annual revision of list. District houses of the District Magistrate and of the District Court, and in some conspicuous place in the town or towns in or near which the persons named in the list reside. 323. To every such copy shall be subjoined a notice stating that objections to the list will be heard and determined by the Sessions Judge and Collector or other officer as aforesaid, at the Sessions Court-house, and at a time to be mentioned in the notice. 324. For the hearing of such objections, the Sessions Judge shall sit with the Collector or other officer as aforesaid, and shall, at the time and place mentioned in the notice, revise the list and hear the objections (if any) of persons interested in the amendment thereof, and shall strike out the name of any person not suitable in their judgment to serve as a juror or as an assessor, or who may establish his right to any exemption from service given by section 320, and insert the name of any person omitted from the list whom they deem qualified for such service. In the event of a difference of opinion between the Sessions Judge and the Collector or other officer as aforesaid, the name of the proposed juror or assessor shall be omitted from the list. A copy of the revised list shall be signed by the Sessions Judge and Collector or other officer as aforesaid and sent to the Court of Session. Any order of the Sessions Judge and Collector or other officer as aforesaid in preparing and revising the list shall be final. Any exemption not claimed under this section shall be deemed to be waived until the list is next revised. 325. The list so prepared and revised shall be again revised once in every year. The list so revised shall be deemed a new list, and shall be subject to all the rules herein before contained as to the list originally prepared. 326. The Sessions Judge shall ordinarily, three days at Magistrate least before the day which he may from time to time fix for jurors and holding the sessions, send a letter to the District Magis to summon assessors. trate1 requesting him to summon as many persons named in the said revised list as seem to the Sessions Judge to be needed for trials by jury and trials with the aid of assessors at the said sessions, the number to be summoned not being less than double the number required for any such trial. The names of the persons to be summoned shall be drawn by lot in open Court, excluding those on the revised list who have served within six months, unless the number cannot be made up without them; and the names so drawn shall be specified in the said letter. summon 327. The Court of Session may direct jurors or assessors Power to to be summoned at other periods than the period specified in another set section 326, when the number of trials before the Court renders of jurors or the attendance of one set of jurors or assessors for a whole session oppressive, or whenever for other reasons such direction is found to be necessary. assessors. service of summons. 328. Every summons 2 to a juror or assessor shall be in Form and writing, and shall require his attendance as a juror or assessor, as the case may be, at a time and place to be therein specified. vernment 329. Where any person summoned to serve as a juror or When Goassessor is in the service of Government or of a Railway Com- or Railway pany, the Court to serve in which he is so summoned may servant may be exexcuse his attendance if it appears, on the representation of the head of the office in which he is employed, that he cannot serve as a juror or assessor, as the case may be, without inconvenience to the public. cused. 330. The Court of Session may, for reasonable cause, Excusing excuse any juror or assessor from attendance at any particular of juror or session. attendance assessor. jurors and 331. At each session, the said Court shall cause to be made List of a list of the names of those who have attended as jurors and assessors at such sessions. Such list shall be kept with the list of the jurors and assessors as revised under section 324. A reference shall be made in the margin of the said revised assessors attending. Penalty for list to each of the names which are mentioned in the list prepared under this section. 332. Any person summoned to attend as a juror or as an non-at- assessor who, without lawful excuse, fails to attend as required juror or as by the summons, or who, having attended, departs without tendance of sessor. Power of General to cution. having obtained the permission of the Court or fails to attend after an adjournment of the Court after being ordered to attend, shall be liable, by order1 of the Court of Session, to a fine not exceeding one hundred rupees. Such fine shall be levied by the District Magistrate by attachment and sale of any moveable property belonging to such juror or assessor within the local limits of the jurisdiction of the Court making the order. In default of recovery of the fine by such attachment and sale, such juror or assessor may by order of the Court of Session be imprisoned in the civil jail for the term of fifteen days, unless such fine is paid before the end of the said term. L.-Special Provisions for High Courts. 333. At any stage of any trial before a High Court under Advocate this Code before the return of the verdict, the Advocate stay prose- General may, if he thinks fit, inform the Court on behalf of Her Majesty that he will not further prosecute the defendant upon the charge; and thereupon all proceedings on such charge against the defendant shall be stayed, and he shall be discharged of and from the same. But such discharge shall not amount to an acquittal unless the presiding Judge otherwise directs. Time of holding sittings. Place of tings. 334. For the exercise of its original criminal jurisdiction, every High Court shall hold sittings on such days and at such convenient intervals as the Chief Justice of such Court from time to time appoints. 335. The High Court shall hold its sittings at the place at holding sit- which it now holds them, or at such other place (if any) as the Governor General in Council in the case of the High Court at Fort William, or the Local Government in the case of the other High Courts, may direct. There is no appeal from this order, sec. 404, infra. But see 8 Suth. Cr. 83. |