insufficient

increase

exceed twenty miles from the place fixed by the order for holding such trial and shall produce the same before the judge in chambers at such time as he may appoint: Provided always that whenever the number of qualified when number persons to serve as jurors within the distance aforesaid is less clerk may than twenty-four the names of any other qualified persons residing outside of such distance and nearest to the place of trial shall be added to the special list so as to bring the number up to twenty-four; but if the number of names on such list. exceeds twenty-four the clerk in the presence of the judge shall draw from the said list by ballot twenty-four names and the said list so increased or reduced to twenty-four names shall be a special list from which the panel to form the jury in the case is to be struck as hereinafter provided. C.O., c. 28, s. 5.

Notice to

6. The judge shall thereupon appoint a day and an hour Striking panel at his chambers for striking the panel, one day's notice whereof parties shall be given by the clerk to the parties interested. C.O., c. 28, s. 6.

7. Each party to the suit attending the striking of the panel shall be entitled to four peremptory challenges by striking alternately, if both parties are present, from the special list the name of one of the persons therein designated to the requisite number of four each the clerk marking each name as the same is struck out and the clerk shall then strike off from the top and foot of said list alternately all unchallenged names except twelve which shall constitute the panel to be summoned. C.O., c. 28, s. 7.

Right of challenge

Jury list in

8. Whenever a jury is required for the trial of any person criminal charged with a criminal offence the clerk on receiving notice matters from the judge of the fact shall prepare a special list and produce it before the judge in chambers as required in civil matters. C.O., c. 28, s. 8.

9. On the production of such special list the clerk in the Panel presence of the judge shall strike off from such special list by ballot the names singly until the number be reduced to eighteen which number shall form the jury panel for the trial. C.O., c. 28, s. 9.

issue

10. As soon as the panel is formed in the manner herein- Precept to before prescribed the clerk shall issue out of court and deliver to the party applying for it in civil cases but to the sheriff in criminal cases a precept in form A in the schedule to this Ordinance directed to and commanding the sheriff to summon the persons whose names comprise the panel. C.O., c. 28, s. 10.

ummoning

of jury

Return of precept

Omission to obey

summons

Penalty

Enforcement of penalty

Names of persons

separate cards

11. Upon receipt of the precept the sheriff shall execute the same by summoning the persons named therein by delivering to each person or leaving with a grown up member of his household, a reasonable time before the date of the trial, a written. or printed summons in form B in the schedule to this Ordinance. C.O., c. 28, s. 11.

12. The sheriff on or before the opening of the court at the time set for the trial shall deliver to the court the precept with a return showing his action thereon. C.O., c. 28, s. 12.

13. Every person summoned to serve as a juror who fails to obey the summons served on him or to answer to his name when called by the clerk shall be liable to a fine not exceeding $50 which may be immediately imposed by the court:

Provided that the court may for good cause shown reduce or entirely remit such penalty. C.O., c. 28, s. 13.

14. All fines for nonattendance of jurors shall if not paid forthwith be levied together with the sheriff's costs and expenses as authorized for the execution of civil process by warrant of distress issued by the clerk sealed with the seal of the court directed to the sheriff and 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. C.O., c. 28, s. 14.

15. The name of every person included in the precept to the summoned on sheriff and summoned by him as hereinbefore provided with his residence and occupation shall by the sheriff be written 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 glass or box to be by him returned to the clerk of the court with the return of the precept. C.O., c. 28, s. 15.

Selection of jury

When special ury required

16. When the case in which the precept has issued is brought on to be tried the clerk shall in open court cause the cards or papers to be mixed up in the said glass or box and then draw out so many of the said cards or papers one after another until six jurors are drawn who after all just causes for challenging allowed appear as fair and indifferent and who shall be the jury to try the issues set for trial by jury in the case. C.O., c. 28, s. 16.

17. When upon the application of either party to a civil cause the judge orders the matters in issue to be tried by a special jury the clerk under the direction of the judge shall select from the last revised list of jurors of the district the names of twenty-four persons who from their station and intelligence are considered by the judge qualified to try the issues

and the panel shall be struck from such list and jurors summoned as hereinbefore provided in the case of a common jury. C.O., c. 28, s. 17.

special jury

18. The party who shall apply for a special jury shall not Costs of only pay the fees for striking such jury but shall also pay all expenses occasioned by the trial of the cause by such special jury and shall not have any other allowance for the same upon taxation of costs than such party would be entitled to in case the cause had been tried by a common jury unless otherwise ordered by the judge. C.O., c. 28, s. 18.

remuneration

19. There shall be payable to the sheriff upon the certificate Sheriff's of a judge out of the general revenue fund of the Territories the sum of five cents for every name added to the list of jurors in his district. C.O., c. 28, s. 19.

ment of

20. This Ordinance shall come into force and take effect Commenceimmediately from and after the repeal of sections 71 and 88 Ordinance of The North-West Territories Act. C.O., c. 28, s. 20.

SCHEDULE.

FORM A.

PRECEPT.

In the Supreme Court of the North-West Territories, Judicial

District of.

VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, etc., etc.

To.

Judicial District of.

the sheriff of the

You are commanded that you cause to come before this

lawful men of the said Territories whose names and places of abode are given in the schedule hereto annexed.

Given under my hand and the seal of the said court at

in the said Territories this.

.day

of.

.A.D. 1....

Clerk.

you are hereby required and commanded to be and appear at

of... .next at the hour of....o'clock in the.

to serve as a juror in the above named matter.

Herein fail not at your peril.

Sheriff's office..

..day

noon

Sheriff.

CHAPTER 29.

An Ordinance respecting Alimony.

THE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories,

enacts as follows:

the Supreme

Territories

1. The Supreme Court of the North-West Territories shall Jurisdiction of have jurisdiction to grant alimony to any wife who would Court of the be entitled to alimony by the law of England or to any wife who in alimony would be entitled by the law of England to a divorce and to alimony as incident thereto or to any wife whose husband lives separate from her without any sufficient cause and under circumstances which would entitle her by the law of England to a decree for restitution of conjugal rights; and alimony when granted shall continue until the further order of the court. C.O., c. 29, s. 1.