Pensions and Superannuations where every such allowance or compensation shall cease to be paid for any period subsequent to such appointment if the annual salary and emoluments of the office to which he is appointed are equal to those of the office formerly held by him, and in case they are not equal to those of his former office then no more of such superannuation allowance or compensation shall be paid to him than what with the salary and emoluments of his new appointment is equal to those of his former office. 12. Nothing in this Act contained shall extend or be construed to extend to give any person an absolute right to compensation for past services or to any superannuation or retiring allowance under this Act or to deprive the Governor of the power and authority to dismiss any person from the public service without compensation. 13. The Governor in Executive Council may from time to time make such rules as he deems expedient for regulating the superannuation allowances on the ultimate retirement from the permanent Civil Service of the Colony of colonial officers who may have been promoted and transferred from or into the permanent Civil Service of the Colony. And may alter or revoke such rules or any of them and make others in their stead. 14. Sections 2 and 8 of this Act shall not apply to persons who Sections 2 and 8 may enter the public Civil Service of this Colony after the date on which this Act comes into operation. not to apply to certain persons FRED. A. WELD, WESTERN AUSTRALIA ANNO TRIGESIMO QUINTO 15. In referring to this Act it shall be sufficient to use the expres- Short title sion 'The Superannuation Act.' an absolute right Act not to give to allowances or to prevent disfor misconduct missal of persons No. 8 An Act to amend the Laws relative to Juries. Governor to make rules for retiring allow ance to officers transferred from service or into colonial C 1. This Act may be cited for all purposes as The Jury Act, 1871,' and shall not come into force till the thirtieth day of November, 1871. 2. The word 'juror' shall mean male persons only. HEREAS for the better and more effective administration of Preamble to amend the laws regulating the qualifications, summoning, attendance and remuneration of Special and Common Juries and otherwise to amend the laws as to trials by jury: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: Title Act to come into force on November 30 Reference by any Repeal of Ordi nances Qualifications and liability to serve as jurors Disqualifications of certain persons Every jury to 5. Every jury shall consist of twelve persons: Provided nevertheconsist of twelve less that nothing herein shall be construed to affect or in any way persons, Coronors' Juries excepted to alter the provisions of the Ordinance 27th Vic., No. 1, respecting Coroners' Juries, or to include writs of inquiry before the Sheriff when the jury shall consist of six persons. Exemptions Juries When issue of fact to be tried, or damages assessed, writ to issue to Sheriff to summon jury 6. Whenever an issue of fact is to be tried or damages assessed by a jury before a Court or by virtue of a writ of inquiry before the Sheriff himself, the writ or precept may be issued, tested in the name of the Judge, directing the Sheriff to summon a jury under the proseven clear days visions of this Act for the trial of such issue or the assessing of such before day of attendance Jury lists to be made out, how, and by whom 3. Wherever by the provisions of any Act or Ordinance now in force anything is required to be done agreeably to the provisions or as prescribed by The Jury Ordinance, 1858,' all such matters and things shall henceforth be done as prescribed by this Act. 4. The Ordinances mentioned in the first Schedule are hereby repealed, except as to any proceeding had or now pending under the said Ordinances or any of them. damages Provided that application be made and such writ or precept be issued at least seven clear days before the attendance of such jury shall be required. 7. Every man (except as hereinafter excepted) between the ages of twenty-one years and sixty years residing within the said Colony, and who shall have within the Colony either in his own name or in trust for him real estate of the value of fifty pounds sterling clear of all incumbrances or a clear personal estate of the value of one hundred and fifty pounds sterling or upwards shall be qualified and liable to serve on juries in all civil and criminal proceedings in the said Colony: Provided nevertheless that no person residing beyond a radius of twenty-five miles of the place of attendance shall be summoned to serve on any jury or inquisition. 8. No man not being a natural-born subject or a naturalised subject of Her Majesty and no man who in any part of the British dominions hath been or shall be convicted of any treason or felony or of any crime that is infamous, unless he shall have obtained a free pardon thereof or shall be within the benefit and protection of some Act of Parliament giving the force and effect of a free pardon under the Great Seal, is or shall be qualified to serve on any jury under this Act. 9. The following persons shall be exempted from serving on juries and shall not be inserted in the lists to be prepared by virtue of this Act, or if inserted may claim exemption, that is to say: Members of the Executive and Legislative Councils, the officers of the Civil and Criminal Courts, persons holding office under the Imperial or Colonial Government, all ministers of religion, barristers, attorneys, solicitors admitted and in actual practice, and their managing clerks, duly qualified medical practitioners,' naval and military officers on full pav, pilots, mariners actually employed, sheriff's officers and peace officers. " 10. The Resident or Police Magistrate of each district of the Colony, or (during a vacancy in that office) some other person to be Juries appointed for that purpose by the Governor for the time being shall, on or as soon as may be after the first day of January in every year after the passing of this Act, prepare or cause to be prepared a suitable number of lists of all persons qualified and liable to serve on juries pursuant to the provisions hereof, and shall set forth in such lists the Christian names and surnames, residences, titles, additions and qualifications of such persons respectively, according to the form in the Second Schedule, and shall subscribe each of the said lists with his own name, address and description, accompanied by declaration in writing signed in like manner, and averring that such list contains to the best of his knowledge, information and belief, the names of all persons within such district who are qualified and liable to serve on juries according to the provisions of this Act. with notice 11. The jury lists shall, within three days after the same shall be Posting of lists, so prepared, be affixed to such conspicuous places in the said Colony as the Sheriff, or in his absence from the district the Resident Magistrate, shall for that purpose appoint, together with a notice signed by the said Resident or Police Magistrate, or other appointee as aforesaid, stating that the Justices of the Peace of such district will hear, at a Special Sessions directed to be held for that purpose as hereinafter mentioned, all objections that may be urged to the said lists: And such Magistrate or appointee shall keep duplicates of the said lists, and exhibit the same gratuitously for the information of the inhabitants of the Colony to any person on application for that purpose at any reasonable time within fourteen days after the posting of such notice. 12. A Special Sessions shall be held in each district of the Colony Special Sessions on the Tuesday of the third week in the month of January in every to revise and year, to which all Magistrates within the district shall be duly summoned by the Resident or Police Magistrate of such district or appointee as aforesaid, and such Magistrate or appointee shall then and there produce the lists so prepared and verified as aforesaid or true copies thereof, and the Justices so assembled shall proceed to elect their chairman, and shall examine such lists seriatim, and shall strike thereout the names of all persons not liable to serve or disqualified from serving as jurors under the provisions hereof, and also of all persons who may be shown on evidence to be disqualified from doing so by deafness, blindness, mental infirmity or any other cause which in the opinion of the said Justices shall amount to a disqualification, and the said Justices shall on the other hand insert in the said lists either upon their own motion or upon the application of any one in their behalf the names of all persons whom they shall consider to have been improperly omitted from such lists, and they shall correct all errors and mistakes that may be found therein and finally settle the same, and the said lists when so settled shall be conclusive and shall continue in force for the current year and until a new list shall be settled as aforesaid and transcribed as hereinafter provided, and if any question shall arise respecting the striking out or adding of a name or otherwise respecting the settlement of such lists the same shall be decided by ballot. 13. After the said lists have been finally settled as aforesaid a Correctness of certificate shall be subjoined thereto and subscribed by the Chairman lists to be of the said Magistrates or by the said Resident or Police Magistrate certified NN VOL. I. 14. As soon as the said lists shall be settled and certified as aforesaid they shall be immediately transmitted by the said Chairman scribe them into to the Sheriff for the time being, who, upon receiving the same, shall Transmission of lists to Sheriff, who is to tran the 'Jurors' Book forthwith 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 several lists respectively, with the additions of their respective residences, titles and qualifications, and such Jurors' Book shall thereupon be and continue in force for the current year and until the Jury lists for the year next ensuing shall be transcribed by the Sheriff into the Jurors' Book. Summoning of commission or petty jurors Juries or appointee, stating that the same have been carefully examined and corrected at such sessions according to the best of the knowledge, information and belief of the major part of the Magistrates, and that all the persons then named in such lists are qualified and liable to serve on juries according to the provisions of this Act. In the Court of 15. All jurors for the trial of any issue at such meetings of General General Sessions Sessions of the Peace as shall from time to time be convened under the authority of Her Majesty's Commission of the Peace shall be summoned by virtue a precept under the hands of two Justices, directed to the Sheriff, Bailiff, or other officer of the Court. Number of jurors to be summoned. precepts for, and Time of issuing of summoning common jurors Form of sum mons Service of summons 16. As often as a writ of venire facias or precept shall be addressed and delivered to the Sheriff, requiring him to empannel and summon jurors for the trial of any issue or issues, information or informations, such Sheriff shall empannel and summon all persons whomsoever, inclusive of persons being on the special jury list, whose names shall be transcribed in the 'Jurors' Book' according to the order in which they shall successively appear therein, until every such person shall have been empannelled and summoned in his turn; and in case any such person shall make default in appearing to such summons and in serving as a juror at the time and place therein specified, he shall be empannelled and summoned a second time on the then next common or petty jury or oftener until he shall have served for such default or defaults And all and every person and persons whose name or names appear on the special jurors' list shall be liable to and be empannelled and compellable to serve as common and petty jurors, and shall be subject to all fines, forfeitures and penalties, laws, ordinances, regulations, provisions, objections, challenges, rules, orders and practice relating to or concerning common or petty jurors: Provided, nevertheless, that no person residing beyond a radius of twenty-five miles of the place of attendance shall be summoned to serve. 17. The names of no less than twenty nor more than forty persons shall be included in any such venire facias or precept, and such jurors shall be summoned accordingly: And every venire facias or precept shall be issued at least seven clear days before the attendance of such jurors shall be required, and the said jurors shall be severally summoned by the Sheriff or other proper officer five clear days before their attendance shall be required, and every such summons shall be in the form contained in the Third Schedule. And the summons shall be delivered to the respective persons personally, or left with some adult member of their families or households at the residence of the person so summoned: And the Sheriff or other officer shall return to the Court Juries on the day appointed for that purpose the said venire, with the panel of jurors, and shall cause a copy of such panel to be kept in his office for seven days at the least before the sitting of the Court, and the parties in all cases, civil and criminal, at such sitting shall have full liberty to inspect such list without fee. 18. [Repealed by 44 Vic., No. 7, s. 2.] 19. If any person duly summoned as a common juror in pursuance of this Act shall make default or fail to attend as required by the summons, then (unless some sufficient cause for such default shall be shown) upon proof being made to the satisfaction of the Court or Judge of such person having been duly summoned as aforesaid, he shall incur a fine and forfeit a sum not exceeding twenty pounds, at the discretion of the Court or Judge to whom or before which the panel was returnable, and such fine or sum shall be levied and appropriated in like manner as all other fines and forfeitures. 21. At the sitting of any Court for the trial of any issue the name of each juror summoned as aforesaid shall be written or produced on a separate piece of paper or parchment and put into a box, and when such issue is called on to be tried the ministerial officer of the Court shall in open Court draw therefrom until the names of a full jury appear who are not open to a challenge, and after the trial such names shall be returned to the box to be kept with the other undrawn names, and toties quoties, as long as any issue shall remain to be tried. 22. When a cause appointed to be tried by common or special jury shall be called on and a sufficient number of jurors summoned to attend such Court shall not be in attendance, it shall be competent for either party to the cause to pray a tales, and the Court or Judge may then command the Sheriff or his deputy forthwith to summon as many good and lawful men of the bystanders (being duly qualified and liable to serve as jurors) as shall be sufficient to make up a full jury for the trial of such cause. cept with panel Return of preof common jurors 20. Challenges to the array and to the polls of jurors may be made Challenges to the and shall be allowed in every Court in the said Colony, for such and array, &c. the like cause, in such and the like form and manner and under and subject to the like laws, rules and regulations in every respect as by law established and used and practised in like cases in Her Majesty's Court of Record at Westminster. 23. Every common juror who shall attend the Supreme Court or the Court for Divorce and Matrimonial Causes, or any other legally constituted Court, to try civil issues in pursuance of any summons, shall be entitled to receive compensation for his loss of time and expenses at and after the following rate, that is to say:-For every jury upon which such juror shall be summoned the sum of ten shillings per day, and the sum of eightpence per mile of distance between the place of residence of such juror and the said Court. And such remuneration shall be paid by the parties to the causes to be tried, and for that Objections to common jurors, how regulated Fine on common jurors not attending as roquired by summons Drawing names of common jurors at the trials Praying a tales Common or special jury in the Allowances to common jurors Court-by whom payable, &c. |
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