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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 a 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 on the Tuesday of the third week in the month of January in every 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.

Special Sessions

tot lists

revise and

Correctness of

13. After the said lists have been finally settled as aforesaid a 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

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Transmission of

lists to Sheriff,

who is to tran

the 'Jurors'

Book

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.

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 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.

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 of a precept under the hands of two Justices, directed to the Sheriff, Bailiff, or other officer of the Court.

Summoning of commission or petty jurors

Number of jurors

to be summoned. precepts for, and

Time of issuing

of summoning common jurors

Form of sum.

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Service of

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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.

Return of preof common jurors

cept with panel

Objections to common jurors, how regulated

Fine on common jurors not attending as required by summons

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.

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.

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

Drawing names trials

of common jurors at the

Praying a tales Common or special jury

Allowances to common jurors Court-by whom payable, &c.

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Payment to

Criminal Sit

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purpose the party demanding the jury shall deposit such sum of money as may be determined by any rule of Court or order of the Judge, and such deposit shall be made in such manner, at such time and with such officer as the Court or Judge may prescribe; and on the taxation of the costs all such sums shall be taxed and allowed by the Registrar or other proper officer of the Court in like manner as other sums paid or chargeable in the action.

24. All jurors attending Criminal Sessions of the Supreme Court jurors attending at Perth or Courts of General Quarter Sessions in the Colony shall be tings of Supreme entitled to receive payment at the rate of five shillings a day for each day of attendance and the sum of eightpence per mile of distance between the place of residence of such juror and the said Supreme Court or Courts of Sessions.

Court

Special juries

Their qualifica

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Striking of special jurors

25. If in any case wherein the trial of any issue or issues is to be had before a jury either of the parties, plaintiff or defendant, shall make application to the Chief Justice or any Judge of the Court, stating his desire to have the said issue or issues tried by a special jury constituted as hereinafter more particularly described, it shall be lawful for the Chief Justice or Judge to allow such application and direct a special jury accordingly.

26. Every man described in the Jurors' Book to be transcribed and kept under this Act as an esquire or person of higher degree, or as a Justice of the Peace, or as a merchant (such merchant not keeping a general retail shop), or as a bank director, or possessing real or personal estate of the value of five hundred pounds, shall be qualified and liable to serve on special juries for the trial of issues.

27. The Sheriff shall, immediately after the making up of the said Jurors' Book as prescribed herein, extract from the said book the names of all persons who shall be qualified and liable to serve on Special Juries under this Act, and shall cause those names to be fairly and truly copied out, together with their respective places of abode and additions, in a list to be called the Special Jurors' List, which shall be written beneath the names in the general list in and form a portion of the Jurors' Book, and the said Sheriff shall prefix to every name in such special list its proper number, beginning with the numbers from the first name and continuing them in a regular arithmetical series down to the last name, and shall cause the said several numbers to be written upon distinct pieces of paper or parchment, being all as nearly as may be of equal size, and after all the said numbers shall have been so written shall put the same together in a separate drawer or box, and shall there safely keep the same, to be used for the purpose hereinafter mentioned.

28. Whenever the said Chief Justice or Judge shall have awarded a special jury for the trial of any issue, the Master or other proper officer of the Court shall appoint a time and place for the striking of such special jury, and the said officer at the time and place being attended by the Sheriff, who is hereby required to bring with him the special jurors' lists as contained in the said book and all the numbers so written out as aforesaid, shall, in the presence of the parties to the

Juries

issue and of their attorney (if they choose to attend, and if not, then in their absence), put all the said numbers into a box to be by him provided for that purpose, and after they shall have been shaken together each party or his attorney shall draw alternately out of the box twenty of the said numbers one after the other, and the Master or other officer shall, as each number is drawn, refer to the corresponding number in the special jurors' list and read aloud the name designated by such number, and when such twenty numbers have been so drawn and announced the said Sheriff shall prepare two lists of those names, with the numbers as they are written in the special jurors' list, and shall deliver one list to the plaintiff and another to the defendant or their respective attorneys, and the twenty names contained in the lists so delivered shall be thereupon reduced to sixteen by the plaintiff or his attorney, and the defendant or his attorney, each of them in the presence of the Sheriff striking out at his discretion two names from the said lists, and then returning the same respectively to the Sheriff.

29. As soon as any special jury shall be struck as aforesaid, the same shall be summoned by the Sheriff or his officer to attend the Court at the time appointed for the trial of such cause, according to such form and manner as is directed for summoning common jurors, and the Sheriff shall, on the day appointed for the trial, deliver to the Master or other proper officer of the Court the said reduced lists, together with the box from which the numbers were drawn, and shall put therein all the numbers corresponding with the names remaining on those lists, and the officer shall in open Court draw from the box one number at a time and shall repeat aloud the corresponding name from the said lists until twelve men shall answer, and which said twelve, being duly sworn, shall be deemed and taken to be the special jury.

Summoning special jurors, names at trial

and drawing

on striking special jury, &c.

30. The person or party who shall apply for a special jury for the Fees to Sheriff, trial of any civil issue shall pay to the Sheriff a fee of two guineas on the striking of such jury, and shall bear all extra expenses occasioned by the trial before the same, and shall not be allowed any further charges upon taxation of costs than such party or person would be entitled to in case the cause had been tried by a common jury, unless the Judge before whom the same is tried shall immediately after the verdict certify under his hand that the cause was a proper one to be tried by a special jury.

31. Every special juror who shall attend pursuant to summons for Allowances the trial of every such issue as aforesaid shall be allowed the sum of to special jurors, &c. one guinea as compensation for his loss of time and expenses, in addition to the sum for mileage as is provided by section 23, which sum shall in the first instance be paid by the person or persons causing such jury to be summoned, and such person or persons shall be allowed such sums over by the officer on the taxation of such costs in case of the granting of a certificate last aforesaid.

32. If any special juror shall not attend on being duly summoned or otherwise make default in not appearing in pursuance of such summons as aforesaid, then (unless some sufficient cause for such default shall be shown) upon proof being made to the satisfaction of the Court

Fine on special attending pursuant to sum

jurors not

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