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CHAPTER 59

An Act respecting Jurors and Juries.

SHORT TITLE.

1. This Act may be cited as "The Jury Act." 1907, c. 11, Short title

s. 1.

INTERPRETATION.

tion

2. In this Act unless the context otherwise requires the Interpretaexpression:

1. "Court" means the supreme court of Saskatchewan;

2. "Judge" means a judge of the said court. 1907, c. 11,

s. 2.

QUALIFICATION.

of jurors

3. Subject to the provisions of sections 4 and 5 of this Act Qualification every male inhabitant of Saskatchewan between the ages of twenty-one and sixty years being a natural born or naturalised subject of his Majesty shall be liable to serve as a juror in all civil and criminal cases tried by jury. 1907, c. 11, s. 3.

EXEMPTIONS AND DISQUALIFICATIONS.

4. The following persons shall be exempt from being Exemptions returned and from serving as jurors:

1. Members of the Privy Council or of the Senate or of the House of Commons of Canada;

2. Members of the Legislative Assembly and the officers thereof;

3. All salaried officials and employees of the Governments of Canada and Saskatchewan ;

4. Licensed ferrymen and mail carriers;

5. Police magistrates, justices of the peace and coroners; 6. Every officer of any court of justice whether of general or local jurisdiction actually exercising the duties of his office including every sheriff's officer, constable or bailiff;

7. Members of the Royal North-West Mounted Police;

8. Professors, masters or teachers of universities, colleges or schools when engaged as such;

Disqualified

by the

9. Salaried firemen in the employ of any city or town municipality;

10. All persons actually employed in the running of railway trains;

11. Telegraph operators in actual employment as such;

12. Managers, cashiers and clerks in actual employment in chartered banks;

13. The clergy of all denominations;

14. Physicians, surgeons and druggists who are duly qualified to practise and being in actual practice;

15. Practising barristers and solicitors;

16. Millers in actual employment;

17. Persons who are affected with blindness, deafness or other mental or physical infirmity incompatible with the discharge of the duties of a juror. 1907, c. 11, s. 4.

5. No person shall be qualified to serve as a juror who has conviction of been convicted of any criminal offence for which he was sentenced to death or any term of imprisonment with hard labour or exceeding twelve months. 1907, c. 11, s. 5.

certain crimes

Preparation of jury lists

Provision in case not

requisite number of

radius

PREPARATION OF JURY LIST.

6. The sheriff of each judicial district shall prior to the first day of May in each year compile a separate list for each of the places fixed for the sittings of the court in his judicial district each of which shall contain the names of not less than one hundred and fifty persons who are liable to be returned and serve as jurors and who reside within a radius of twenty miles of each such place; such lists shall be in the form A in the schedule to this Act.

(2) In the event of any of the said lists on completion not containing one hundred and fifty names the sheriff shall add jurors within thereto the names and other particulars as mentioned in form A in the schedule to this Act of other persons liable to be returned and to serve as jurors residing outside of such radius and nearest to the places fixed for the sittings of the court so as to bring the number of names upon each of such lists up one hundred and fifty. 1907, c. 11, s. 6.

Sheriffs to have access

rolls, etc.

to

7. In compiling the said list the sheriff shall have access ato assessment to the assessment rolls and all other public papers under the control of the proper officer of each city, town, village, local improvement district and rural municipality situated within or partly within the prescribed radius. 1907, c. 11, 3. 7.

return lists

8. On or as soon as possible after the first day of May in Sheriff to each year the sheriff of each judicial district shall return the said list properly certified to the local registrar of the court. 1907, c. 11, s. 8.

tion of

9. The sheriff shall be allowed such remuneration for the Remuneracompiling and certifying of such list as the Lieutenant Gover- sheriff on nor in Council may decide. 1907, c. 11, s. 9.

lists

order sheriff

supplemen

10. If for any reason a judge of the supreme court shall Judge may consider it necessary at any time that a supplementary jury to return list should be prepared, certified and returned by the sheriff tary lists of any judicial district the judge may make an order directed to the sheriff to that effect and such order shall state the time within which the return shall be made and may contain such other directions as the judge may deem proper. 1907, c. 11,

s. 10.

11. Upon such order being made the sheriff shall proceed Sheriff to according to the tenor thereof. 1907, c. 11, s. 11.

proceed according to order

return of

12. Supplementary lists shall be in the form A in the Form and schedule to this Act or to the like effect but may be marked supplemen"supplementary list" and the same shall be certified and tary lists returned to the local registrar of the court. 1907, c. 11, s. 12.

COST OF JURY.

13. In all actions triable by jury and in which the jury has cost of jury been demanded as provided by The Judicature Act the party demanding the jury shall advance and deposit with the local registrar such sum as the local registrar considers sufficient for the payment of the jurors' fees and the expenses of summoning them.

advance

(2) Where the action is directed by the judge at the trial Costs in to be tried by a jury as provided by The Judicature Act the said sum shall be advanced and deposited by the party (or parties) to be named by the judge.

(3) If the party making the deposit obtains a judgment in costs to be such action, the sum actually paid out for fees and expenses. taxed shall (unless the judge otherwise orders) be allowed and taxed against the unsuccessful party to the action. 1997, c. 11, s. 13.

apportion

14. Where for any sittings of the court a jury is required Judge may in more than one case whether civil or criminal the cost inci- costs of jury dental to the summoning of the panel, the jurors' fees and all other lawful expenses in connection therewith shall at the end of the sittings be apportioned between the parties or between

the Crown and the parties and paid as directed by rules of court or if there be no such rules applicable thereto then as directed by the presiding judge. 1907, c. 11, s. 14.

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COMPOSITION OF THE JURY.

15. Every jury for the trial of a civil action in the supreme or surrogate courts shall consist of twelve persons ten of whom may return a verdict.

(2) A verdict returned by ten jurors under the provisions of this section shall have the same effect as a verdict returned by twelve jurors. 1907, c. 11, s. 15.

Method of

selecting a jury panel

Local registrar to issue precept to sheriff to

SELECTION OF PANEL AND SUMMONING OF jurors.

16. Whenever a jury is required it shall be the duty of the local registrar a reasonable time before the sittings of the court for which the jury is required to present to the judge of the district court of the judicial district in which the jury is to sit the last list of jurors compiled and returned to him by the sheriff for the place at which the sittings of the court is to be held.

(2) Upon the presentation of the list to such judge he shall select therefrom such names (not less than twenty-four nor more than forty-eight) as in his opinion shall be necessary to be summoned as jurors. 1907, c. 11, s. 16; 1908-9, c. 15, s. 2.

17. As soon as the panel is selected the local registrar shall (the deposit herein before mentioned having been paid to him) summon jury issue to the sheriff a precept in form B in the schedule to this Act commanding the sheriff to summon the persons so determined upon as jurors to attend the court at the time and place fixed for the sittings and shall deliver the same to the sheriff at least ten clear days before the time fixed for the holding of the same. 1907, c. 11, s. 17.

Summoning of jury

Return of precept

18. Upon receipt of the precept the sheriff shall execute the same by summoning the persons named therein by delivering to each person or by leaving with a grown up member of his household a reasonable time before the date of the sittings a written or printed summons in form C in the schedule to this Act. 1907, c. 11, s. 18.

19. The sheriff on or before the opening of the court for which the jury has been summoned shall deliver to the local registrar the precept with a return showing his action thereon. 1907, c. 11, s. 19.

FINES FOR NONATTENDANCE.

obey

20. Every person summoned to serve as a juror who fails omission to to obey the summons served on him or to answer to his name summons when called by the local registrar shall be liable to a fine not Penalty exceeding $50 which may be immediately imposed by the court. 1907, c. 11, s. 20.

of penalty

21. All fines for nonattendance of jurors shall if not paid Enforcement forthwith be levied together with the sheriff's costs and expenses as authorised for the execution of civil process by warrant of distress issued by the local registrar sealed with the seal of the court directed to the sheriff and by sale of goods of the party fined as provided for executing writs of execution. and in default of sufficient goods and chattels such person may be imprisoned for a term not exceeding thirty days. 1907, c. 11, s. 21.

ATTENDANCE AND ORGANISATION OF JURIES.

22. No person shall be obliged to serve as a juror more than service once in any one year. 1907, c. 11, s. 22.

once

a year

persons

to be placed cards

23. The name of every person included in the precept to Names of the sheriff and summoned by him as hereinbefore provided summoned with his residence and occupation shall be by the sheriff written ou separate distinctly upon a piece of card or paper three inches in length by one and one-half inches in width and the pieces of card or paper so written upon shall be placed in a box to be by him returned to the local registrar with the return of the precept. 1907, c. 11, s. 23.

be drawn

24. When any action for which a jury is required is Cards to brought on to be tried the local registrar shall in open court cause the cards or papers to be shaken in the box so as to mix the names in the said box and then draw out the said cards or papers one after another, shaking the said box after the drawing of each card or paper until a complete jury is empanelled who after all peremptory challenges and challenges for cause allowed appear as fair and indifferent and who upon being sworn shall be the jury to try the issues in the action. 1907, c. 11, s. 24.

kept apart

discharged

25. The cards or papers bearing the names of the men so Ballots to be drawn and sworn shall be kept apart by themselves until the till verdict jury have given in their verdict and the same has been recorded given or jury or until such jury have been by the consent of the parties or by leave of the court discharged; and then shall be returned to the said box there to be kept with the other cards or papers remaining at the time undrawn and so toties quoties as long as any issue remains to be tried. 1907, c. 11, s. 25.

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