tings of Supreme Court Payment to 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 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. Special juries Their qualification Special jurors' list-how made up Juries 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. 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. &c. 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 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. not 32. If any special juror shall not attend on being duly summoned Fine on special or otherwise make default in not appearing in pursuance of such sum- attending purmons as aforesaid, then (unless some sufficient cause for such default suant to sumshall be shown) upon proof being made to the satisfaction of the Court mons Juries or Judge of such person having been duly summoned he shall incur a fine and forfeit a sum not exceeding fifty pounds at the discretion of the Court or Judge before which or to whom the panel was returnable, and such fine or sum shall be levied and applied in like manner as all other fines and forfeitures. of Fine on Magis- 33. If any Resident or Police Magistrate or Chairman Magistrates or any such appointee as aforesaid shall fail, neglect or refuse to comply with and perform any of the trusts or duties required making out lists, of or imposed upon them in and by the tenth, eleventh, twelfth, &c., fraudulently thirteenth and fourteenth sections hereof or any of them, or if any Sheriff or other ministerial officer or any Clerk of Magistrates shall wilfully or knowingly insert in any jurors' list or jurors' book as aforesaid any name or names that ought not to be returned therein, or shall wilfully or knowingly omit therefrom any name or names that ought to appear therein, or shall otherwise fail well and faithfully to do and perform all and every the acts, matters and things hereby required to be by him performed, then upon proof thereof on oath, such Resident or Police Magistrate or Chairman of Magistrates or any such Clerk or appointee, Sheriff or other ministerial officer shall (unless some sufficient cause for such failure, neglect or default be shown) incur a fine and forfeit a sum not exceeding fifty pounds, at the discretion of the Supreme Court. Disqualification or exemption to be pleaded before revision of list Penalty on ' jurors, &c. 34. Any person guilty of the offence of corruptly influencing or tampering with attempting to influence any juror or any juror consenting thereto, shall be deemed to have committed a misdemeanour, and may on proof thereof before the said Supreme Court be punished with fine (not exceeding one hundred pounds) and imprisonment (not exceeding one year). 35. No person whose name shall be in the Jury Book as a Juror shall be entitled to be excused from attendance on the ground of any disqualification or exemption (other than illness) not claimed by him at or before the revision of the list by the Justices of the Peace, and a notice to that effect shall be printed at the bottom of every jury list. Sheriff to mako 36. It shall be lawful for the Sheriff or other officer to whom any regulations as to precept for summoning jurors shall be addressed, with the consent of the person or persons by whom such precept shall have been issued to make regulations as to the attendance of Jurors during the time for which they shall be summoned, and in particular as to the days on which and the time during which they are to attend. Such regulations may be sent to any juror together with the summons requiring him to attend on any jury or inquisition, and when so sent shall be deemed to be part of such summons. Jurors to be refreshment 37. Jurors after having been sworn may in the discretion of the allowed fire and Judge be allowed at any time before giving their verdict the use of a fire when out of Court, and be allowed reasonable refreshment, such refreshment to be procured at their own proper expense. Date of Ordinance make general 38. The Chief Justice is hereby empowered by general orders to Chief Justice to make rules, not inconsistent with this Act, for the of carrying orders purpose out the several provisions of this Act. 9th Vic., No. 5 12th Vic., No. 3 25th Vic., No. 11 25th Vic., No. 18 Juries 28th Vic., No. 6 29th Vic., No. 7 SCHEDULES 22nd Vic., No. 7 An Ordinance 6 FIRST SCHEDULE Title of Ordinance FRED. A. WELD, 'An Ordinance to regulate the constitution 'An Ordinance to make perpetual an Ordi- 'An Ordinance to alter and amend the 'An Ordinance to amend "The Jury Ordi- alter and amend the The whole 'An Ordinance to amend "The Jury Ordi- GOVERNOR. Extent of Repeal The whole The whole The whole The whole The whole 'An Ordinance to regulate the payment of The whole Christian name and surname at full length Juries To SECOND SCHEDULE LIST OF MEN QUALIFIED AND LIABLE TO SERVE ON JURIES THIRD SCHEDULE Signed Nature of Qualification (Signed) C.D. Resident or Police Magistrate of I hereby declare and aver that the above list contains to the best of my knowledge, information, and belief the names of all persons within the said district of who are qualified and liable to serve on juries according to the provisions of the said Ordinance. Dated this day of estate 18 A.B. Juror at the You are hereby summoned as a > on to be held at the Court House, the day of next, in the forenoon; and therein to attend from day to day until you shall be discharged by the Court. at Dated the day of 18 Sheriff or Bailiff. |
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